DoD Final Rule on Commercial Items: DoD Checks the Box for Congress But Still Unnecessarily Burdens Commercial Contractors

Crowell & Moring has an analysis of the DoD’s final rule amending the DFARS and implementing sections of the NDAAs for Fiscal Years 2013, 2016, and 2018. They say it results from Congressional pressure to reduce barriers to entry for commercial contractors and streamline commercial item procurement procedures, but while making specific changes required in the NDAAs intended to foster the DoD’s ability to purchase commercial items and services, it retains unnecessary burdens that may continue to discourage commercial contractors from entering into the federal marketplace.