On June 25, the Department of Defense issued a final rule (78 Fed. Reg. 37980) amending the Defense Federal Acquisition Regulation Supplement (“DFARS”) and implementing changes that make it easier to determine when certain provisions and clauses applicable to the acquisition of commercial items must be included in a contract. The final rule also specifies when flowdown of clauses to commercial subcontracts is required.
All provisions and clauses required for the acquisition of commercial items are now included at DFARS 212.301. Clause flowdown to commercial subcontracts was controlled by three provisions of the DFARS: 252.212-7000, 252.212.7001 and 212.301(f) (Solicitation provisions and contract clauses for the acquisition of commercial items).
Consequently, contractors and subcontractors are encouraged to carefully review their contracts and subcontracts for commercial items to confirm that mandatory or necessary FAR and DFARS clauses are included and that there are no unnecessary clauses.