Clarity, Sweet Clarity—Proposed Rule Will Revise The FAR Definition Of “Commercial Item”

McCarter & English – On October 15, the FAR Council issued a Proposed Rule implementing amendments to the current FAR definition of “commercial item.” As explained below, the Proposed Rule will eliminate the current FAR definition of “commercial item” and replace it with separate definitions for “commercial products” and “commercial services” to benefit both contractors and the acquisition workforce by simplifying the application and providing greater clarity on the scope of each term.