Topic
Commercial Item
13 published works
Government Contracts Featured Insights
Challenging Solicitation Provisions Deviating from Customary Commercial Practices
The Federal Acquisition Streamlining Act (FASA) of 1994 establishes the Government’s preference for acquiring commercial items through customary commercial practices. Therefore, prospective contractors may raise pre-award protests against commercial item…
GovCon & Trade
DOD Publishes Final Rule Redesignating Contracts Previously Awarded Under FAR Part 12 Guidelines as Commercial Item Determinations (CIDs)
By Todd Overman
The Department of Defense (DOD) recently issued a final rule implementing Section 828 of the NDAA for Fiscal Year (FY) 2018, requiring the treatment of the majority of contracts for…
Inside Government Contracts
New Final Rule Replaces “Commercial Item” Definition and Implements Definitions for “Commercial Products” and “Commercial Services”
By Scott A. Freling, Brooke Stanley
Earlier today, the FAR Council issued a final rule revising the FAR definition of “commercial item.” The final rule effectively splits the prior definition of “commercial item” into separate definitions…
Inside Government Contracts
GSA Awards First Contracts to Develop an Online Shopping Platform, and the White House Seems to Be Paying Attention
On Friday, the General Services Administration (“GSA”) announced that it had awarded three contracts to develop online shopping portals for commercially-available off-the-shelf (“COTS”) items. The awardees are Amazon Business, Fisher…
Government Contracts Legal Forum
FY 2019 NDAA
By J. Chris Haile, Peter J. Eyre, Judy Choi, Nkechi Kanu, Laura J. Mitchell Baker, Monica DiFonzo Sterling
On Monday, August 13, 2018, President Trump signed into law the H.R. 5515, the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (FY 2019 NDAA), the earliest…
Inside Government Contracts
Third Time Around: Inconsistencies Persist with Final DFARS Commercial Items Rule
On January 31, 2018, the Department of Defense (“DoD” or the “Department”) published a final rule regarding commercial item purchasing requirements. Among other key amendments, the final rule modifies the…
Government Contracts Legal Forum
Fastest 5 Minutes, The Podcast Gov’t Contractors Can’t Do Without
By Peter J. Eyre, J. Chris Haile, Elizabeth Buehler
This week's episode covers commercial items and the 809 report, and is hosted by Peter Eyre, Chris Haile, and Elizabeth Buehler. Crowell & Moring's "Fastest 5 Minutes" is a biweekly…
Government Contracts & Investigations Blog
Change Is Upon Us: An Analysis of the Section 801 COTS Provisions of the 2018 NDAA
In the words of Taylor Swift, “This is a new year. A new beginning. And things will change.” While I suspect Ms. Swift was not writing about Section 801 of…
Government Contracts Law
Developments in DoD’s Treatment of Commercial Item Assertions
The comment period for DoD's proposed rule amending DFARS 212 has been extended to November 10. Click here. The passage of the Federal Acquisition Streamlining Act of 1994 and the…
Inside Government Contracts
Take Two: Proposed DFARS Commercial Item Rule Still Fails to Rein in Contracting Officer Discretion
On August 11, 2016, the Department of Defense (“DoD”) published a revised proposed rule to amend the Defense Federal Acquisition Regulation Supplement (“DFARS”) to implement sections of the National Defense…