80462 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 219, and 252 

[Docket DARS–2018–0035; Req No. DARS– 

2024–00009–FR] 

RIN 0750–AJ21 

Defense Federal Acquisition 

Regulation Supplement: Inapplicability 

of Certain Laws and Regulations to 

Commercial Items (DFARS Case 2017– 

D010) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

partially implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2017 that addresses the 

inapplicability of certain laws and 

regulations to the acquisition of 

commercial products, including 

commercially available off-the-shelf 

items, and commercial services. 

DATES: Effective November 17, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, telephone 703–508– 

7524. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 83 FR 30646 on June 

29, 2018, to amend the DFARS to 

implement section 874 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2017 (Pub. L. 114–328). 

Section 874 amends 10 U.S.C. 2375 

(redesignated as 10 U.S.C. 3452), 

Relationship of other provisions of law 

to procurement of commercial products 

and commercial services. Section 874– 

• Requires DoD to address 

commercial item applicability for DoDunique statutes and associated DFARS 

contract clauses issued after January 1, 

2015; 

• Restricts inclusion of contract 

clauses in contracts for commercial 

products, commercial services, and 

commercially available off-the-shelf 

(COTS) items and in subcontracts under 

contracts for the acquisition of 

commercial products, commercial 

services, and COTS items; and 

• Redefines ‘‘subcontract’’ and 

restricts inclusion of contract clauses to 

subcontracts under contracts for the 

acquisition of commercial products, 

commercial services, and COTS items. 

Six respondents submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

This final rule does not implement 

the definition of ‘‘subcontract’’ based on 

the section 874 update at 10 U.S.C. 

3452(c)(3). A new DFARS case 2023– 

D022, Definition of Subcontract, will 

address 10 U.S.C. 3452(c)(3) and will be 

processed in parallel with the related 

Federal Acquisition Regulation (FAR) 

case 2018–006, Definition of 

‘‘Subcontract’’. FAR case 2018–006 

implements section 820 of the NDAA 

for FY 2018 (Pub. L. 115–91) that 

updates 41 U.S.C. 1906(c)(1) to change 

the meaning of ‘‘subcontract’’ in certain 

circumstances. The updated text at 10 

U.S.C. 3452(c)(3) and 41 U.S.C. 

1906(c)(1) is the same, except for the 

stated applicability in each of the 

statutes to either DoD or Federal 

Government contracts, respectively. 

DoD reviewed the public comments in 

the development of the final rule. One 

change was made to the proposed rule 

text as a result of the public comments. 

A discussion of the public comments 

and the changes made as a result of 

those comments is provided as follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

As noted in the introductory text of 

section II of this preamble, this final 

rule does not implement the changes in 

the proposed rule related to the 

definition of ‘‘subcontract’’ based on the 

updates at 10 U.S.C. 3452(c)(3). 

Therefore, the comment to add the 

words ‘‘or subcontractor at any tier’’ at 

DFARS 212.001 in the definition of 

‘‘subcontract’’ in paragraph (2), and in 

the clauses that include this definition, 

to clarify that the agreements exclusion 

applies to subcontractors at any tier, 

will be considered under the new 

DFARS Case 2023–D022, Definition of 

Subcontract. One change was made to 

add a sentence at DFARS 212.301, 

paragraph (f), to clarify the prohibition 

of the use of FAR and DFARS 

solicitation provisions and contract 

clauses by the contracting officer, where 

not required by the FAR or DFARS or 

consistent with customary commercial 

practices. 

B. Analysis of Public Comments 

1. General 

Comment: Several respondents 

expressed concerns regarding the 

implementation of the statute and 

whether all DFARS clauses should be 

reviewed under this rule. 

Response: In addition to this DFARS 

Case 2017–D010, there are other FAR 

and DFARS cases related to commercial 

contracts that are in process (FAR Cases 

2018–013 and 2018–006; and DFARS 

Cases 2018–D074 and 2023–D022). FAR 

Case 2018–018, published at 86 FR 

61017 (November 4, 2021), 

implemented section 836 of the NDAA 

for FY 2019 (Pub. L. 115–232) that 

revised 41 U.S.C. 103 to amend the 

definition of ‘‘commercial item’’ in the 

FAR. DFARS case 2018–D066, 

published at 88 FR 6578 (January 31, 

2023), also implemented section 836 of 

the NDAA for FY 2019 in the DFARS to 

make similar changes to the term 

‘‘commercial item’’, as well as 

implementing sections 837(b) and (c) of 

the NDAA for FY 2019. Section 836 

amended the definition of ‘‘commercial 

item’’; and section 837(b) and (c) made 

conforming changes at 10 U.S.C. 2533a 

and 2533b, now 10 U.S.C. 4862 and 

4863, respectively. Under this 

rulemaking (DFARS Case 2017–D010), 

DoD reviewed DFARS clauses as 

directed under section 874 of the NDAA 

for FY 2017. Section 874 limits the 

required review of the applicability of 

provisions of law and contract clauses 

to prime contracts for commercial 

products (including COTS items) and 

commercial services to those provisions 

of law and contract clauses enacted after 

January 1, 2015. DFARS Case 2018– 

D074 will include a review of DFARS 

clauses for applicability of provisions of 

law and contract clauses to prime 

contracts for commercial products 

(including COTS items) and commercial 

services for those provisions of law and 

contract clauses enacted after October 

13, 1994. 

2. Contracting Officer Clause Selection 

Comment: One respondent stated that 

the DFARS should be amended to 

prohibit the use of DFARS provisions 

and clauses unless consistent with 

customary commercial practice or 

approved in accordance with FAR 

12.302. The respondent also 

recommended the SF 1449 block 10 be 

revised so as to not confuse contracting 

officers due to the elimination of 

applicability of DFARS 252.219–7010, 

Notification of Competition Limited to 

Eligible 8(a) Participants—Partnership 

Agreement, to commercial item 

contracts. 

Response: The proposed rule text has 

been revised to clarify at DFARS 

212.301(f) that the use of provisions and 

clauses other than the DFARS part 212 

provisions and clauses by the 

contracting officer is prohibited unless 

required by the FAR or DFARS or unless 

consistent with customary commercial 

practices. In addition, DFARS 212.370, 

Inapplicability of certain provisions and 


khammond on DSKJM1Z7X2PROD with RULES3
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80463 

clauses to contracts and subcontracts for 

the acquisition of commercial products, 

commercial services, and commercially 

available off-the-shelf items, is amended 

to remove 252.219–7010 from the 

proposed rule text. DFARS 219.811–3, 

paragraph (2), is amended to state that 

252.219–7010 is used in solicitations 

and contracts, including those using 

FAR part 12 procedures for commercial 

products and commercial services, 

when using the competitive 8(a) 

procedures of FAR 19.805. This is 

necessary for DoD procurements of 

commercial products and commercial 

services that have been accepted by the 

Small Business Administration for 

competition under the 8(a) program. 

3. Flowing Down Clauses to 

Subcontracts 

Comment: Three respondents stated 

that the proposed rule should prohibit 

flowing down clauses to subcontracts by 

contractors (and higher-tier 

subcontractors). One respondent stated 

that the FAR should be amended to 

delete the language at FAR 52.244– 

6(c)(2) and should be amended to limit 

flowdown only to clauses that 

specifically require flowdown to 

subcontracts for commercial items with 

a prohibition on flowing down any 

additional clauses. Another respondent 

recommended that DoD bar contractors 

from wholesale flowdown of clauses. 

Another respondent stated that it is 

unclear what ramifications there will be 

if a FAR or DFARS clause is improperly 

flowed down. 

Response: This final rule prohibits 

flowing down FAR or DFARS clauses by 

the prime contractor, under certain 

conditions, under DFARS clause 

252.244–7000, Subcontracts for 

Commercial Products or Commercial 

Services. Also, the rule prohibits 

flowing down FAR or DFARS 

provisions and clauses by higher-tier 

subcontractors, under certain 

conditions, as DFARS clause 252.244– 

7000 has a flowdown requirement. The 

ramifications of improperly flowing 

down FAR or DFARS clauses would be 

determined in accordance with the 

terms of the contract. 

4. Implementation 

Comment: Two respondents stated 

that the proposed rule does not fully 

implement the amendment to 10 U.S.C. 

2375 (now 10 U.S.C. 3452) by section 

874 of the NDAA for FY 2017. The 

respondents objected to DoD’s 

application of the date of January 1, 

2015, which appears in 10 U.S.C. 

3452(b)(2), to paragraphs (c) and (d). 

The respondents recommended that 

DoD not limit its review to only those 

provisions and clauses enacted after 

January 1, 2015. 

Response: The applicability of DFARS 

clauses published prior to January 1, 

2015, to contracts and subcontracts for 

commercial products, commercial 

services, and COTS items is being 

reviewed under DFARS case 2018– 

D074. 

5. Definitions of ‘‘subcontract’’ and 

‘‘Subcontractor’’ 

Comment: Several respondents 

commented on the definitions of 

‘‘subcontract’’ and ‘‘subcontractor.’’ One 

respondent stated that the DFARS 

definitions of ‘‘subcontract’’ and 

‘‘subcontractor’’ should be consistent 

with the FAR definitions and that the 

term ‘‘similar contractual instrument’’ 

should be defined. Two respondents 

stated that the proposed rule should 

rephrase the language regarding the 

exclusion from agreements that are ‘‘not 

identifiable to any particular contract’’, 

as the term ‘‘identifiable’’ may be 

ambiguous. One respondent stated the 

language should be changed to state 

there is an exclusion from agreements 

‘‘not identified to any particular 

contract under the contractor’s 

disclosed (if applicable) or otherwise 

established business practices.’’ A 

respondent stated that the terms 

‘‘multiple contracts’’ and ‘‘other parties’’ 

need clarity. Two respondents stated the 

exclusion should be modified to clarify 

that it excludes contractor agreements at 

any level of the supply chain. One 

respondent stated the definition of 

subcontract in the proposed rule text 

will exclude agreements that would 

benefit from the flowdown of DFARS 

252.225–7009, Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals, and 

DFARS 252.225–7012, Preference for 

Certain Domestic Commodities, and 

recommended those clauses be 

amended to include language that 

removes the exclusion in the definition 

of ‘‘subcontract.’’ Three respondents 

stated that the term ‘‘commodities’’ 

should be defined. One respondent 

stated that the definition of 

‘‘subcontract’’ should be moved from 

DFARS 212.001 to DFARS 244.101 to 

avoid limiting application of this 

definition to DFARS part 212 clauses. 

Response: DoD agrees that the DFARS 

definitions of ‘‘subcontract’’ and 

‘‘subcontractor’’ should be consistent 

with the FAR definitions. Therefore, 

DoD has initiated a separate DFARS 

Case 2023–D022 to implement the 

definition of ‘‘subcontract’’ in the 

DFARS to facilitate alignment with the 

proposed rule for FAR case 2018–006. 

The DFARS generally relies on the FAR 

definitions of ‘‘subcontract’’ and 

‘‘subcontractor.’’. The statutory language 

of 10 U.S.C. 3452(c)(3) is limited to 

DoD; however, FAR case 2018–006 will 

amend the definition of ‘‘subcontract’’ 

in the FAR to implement similar 

statutory language at 41 U.S.C. 

1906(c)(1). 

6. Statutory Separation of Commercial 

Products and Commercial Services 

Comment: One respondent 

recommended ensuring that the 

proposed rule can be readily applied 

when future rulemaking transitions the 

DFARS to using the terms ‘‘commercial 

product’’ and ‘‘commercial service.’’ 

Response: DFARS case 2018–D066, 

published at 88 FR 6578 (January 31, 

2023), has implemented this change to 

the nomenclature in the DFARS. 

7. Application to Existing Contracts and 

Subcontracts 

Comment: One respondent stated that 

the proposed rule should be made to 

apply to existing DoD contracts and 

subcontracts. 

Response: Contracting officers may 

use their discretion to apply this final 

rule to existing contracts; however, they 

are not required to do so. See FAR 

1.108(d). 

8. Outside the Scope of the Rule 

Comment: One respondent stated that 

when COTS products are provided 

under services contracts, as well as 

services primarily for the installation 

and maintenance of COTS products, 

those subcontracts should also be 

excluded from flowdown obligations 

that are excluded from COTS item 

subcontracts. One respondent stated 

that none of the ‘‘best interest’’ 

determinations made in this rule 

adequately consider existing standard 

commercial practice and recommended 

publishing the determinations. Two 

respondents stated that the proposed 

rule impacts the environment. 

Response: These comments are 

outside the scope of this rule. A 

commercial subcontract for services that 

delivers the installation and 

maintenance of COTS items is a contract 

for commercial services and not a 

contract for COTS items. The only way 

to extend a COTS item exclusion would 

be to change the definition of COTS 

item to include services that deliver the 

installation and maintenance of COTS 

products, which is outside the scope of 

this rule. The applicability of DFARS 

clauses to commercial contracts and 

commercial subcontracts that do not 

have an exemption from inapplicability 

at 10 U.S.C. 3452 (e)(1), (e)(2), or (e)(3), 

is being reviewed under DFARS case 


khammond on DSKJM1Z7X2PROD with RULES3
80464 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

2018–D074. The comment regarding 

environmental impact is unrelated to 

the proposed rule text. 

C. Other Changes 

All references to 10 U.S.C. 2375 in the 

proposed rule are changed in the final 

rule to 10 U.S.C. 3452. This change is 

a result of the final rule for DFARS Case 

2022–D018, Reorganization of Defense 

Acquisition Statutes, published at 87 FR 

76988 on December 16, 2022, which 

implemented the transfer and 

reorganization of the defense acquisition 

statutes. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial 

Products, Including Commercially 

Available Off-the-Shelf Items, and 

Commercial Services 

This final rule does not create any 

new solicitation provisions or contract 

clauses. It does not impact any existing 

solicitation provisions or contract 

clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold, for 

commercial products including COTS 

items, or for commercial services. 

IV. Expected Impact of the Rule 

This rule may impact any business, 

large or small, that is awarded a 

commercial contract by DoD. The rule 

does not add any new solicitation 

provisions or contract clauses. Rather, 

there may be a reduction in burden on 

contractors by the creation of two new 

sections in the DFARS that list 

solicitation provisions and contract 

clauses that are inapplicable to 

solicitations and contracts for 

commercial products, commercial 

services, and COTS items. 

V. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, as amended. 

VI. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before a 

final rule takes effect, DoD will submit 

a copy of the final rule with the form, 

Submission of Federal Rules Under the 

Congressional Review Act, to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. A major 

rule under the Congressional Review 

Act cannot take effect until 60 days after 

it is published in the Federal Register. 

The Office of Information and 

Regulatory Affairs has determined that 

this rule is not a major rule as defined 

by 5 U.S.C. 804. 

VII. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq. and is summarized as follows: 

This final rule is required in order to 

implement part of section 874 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2017. 

Section 874 amended 10 U.S.C. 2375, 

redesignated as 10 U.S.C. 3452, and 

required certain changes to the Defense 

Federal Acquisition Regulation 

Supplement (DFARS). 

The objective of the final rule is to 

partially implement section 874 of the 

NDAA for FY 2017 to address the 

applicability of Defense-unique statutes 

to contracts and subcontracts for 

commercial products, commercial 

services, and commercially available 

off-the-shelf items. 

There were no significant issues 

raised by the public comments in 

response to the initial regulatory 

flexibility analysis. 

DoD obtained data from the Federal 

Procurement Data System for contracts 

that were awarded in FY 2020 through 

FY 2022 using FAR part 12 procedures 

for the acquisition of commercial 

products and commercial services and 

that exceeded the micro-purchase 

threshold. The data indicate that DoD 

awarded this type of contract to 

approximately 13,952 unique small 

entities per year. DoD estimates there 

may be approximately twice that 

number of small entities receiving 

subcontracts for commercial products 

and commercial services. Any 

reductions in the applicability of 

solicitation provisions and contract 

clauses to contracts and subcontracts for 

the acquisition of commercial products 

and commercial services may be 

beneficial to these small entities. 

This final rule does not include any 

new projected reporting, recordkeeping, 

or other compliance requirements for 

small entities. 

DoD did not identify any significant 

alternatives that would minimize or 

reduce the impact on small entities 

while accomplishing the stated 

objectives of the applicable statute. 

VIII. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 48 CFR Parts 212, 

219, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 219, and 

252 are amended as follows: 

■ 1. The authority citation for parts 212, 

219, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 2. Amend section 212.301 by adding 

a sentence at the end of paragraph (f) 

introductory text to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial products and commercial 

services. 

* * * * * 

(f) * * * The contracting officer shall 

not use other FAR or DFARS provisions 

and clauses unless required by the FAR 

or DFARS or consistent with customary 

commercial practices (section 

874(b)(1)(A), Pub. L. 114–328). 

* * * * * 

■ 3. Add section 212.370 to read as 

follows: 

212.370 Inapplicability of certain 

provisions and clauses to contracts and 

subcontracts for the acquisition of 

commercial products, commercial services, 

and commercially available off-the-shelf 

items. 

The following provisions and clauses, 

not expressly authorized in law, are not 

applicable to contracts for the 

acquisition of commercial products and 

commercial services: 

(a) FAR 52.204–22, Alternative Line 

Item Proposal. 

(b) [Reserved] 

■ 4. Add section 212.371 to read as 

follows: 


khammond on DSKJM1Z7X2PROD with RULES3
Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80465 

212.371 Inapplicability of certain 

provisions and clauses to contracts for the 

acquisition of commercially available offthe-shelf items. 

Commercially available off-the-shelf 

(COTS) items are a subset of commercial 

products. Therefore, the provisions and 

clauses listed in 212.370 as not 

applicable to contracts or subcontracts 

for the acquisition of commercial 

products are also not applicable to 

contracts or subcontracts for the 

acquisition of COTS items. In addition, 

the following provisions and clauses 

published after January 1, 2015, not 

expressly authorized in law, are not 

applicable to contracts for the 

acquisition of COTS items: 

(a) FAR 52.204–21, Basic 

Safeguarding of Covered Contractor 

Information Systems. 

(b) [Reserved] 

■ 5. Revise section 212.505 to read as 

follows: 

212.505 Applicability of certain laws to 

contracts for the acquisition of COTS items. 

Commercially available off-the-shelf 

(COTS) items are a subset of commercial 

products. Therefore, any laws listed at 

FAR 12.503, FAR 12.504, 212.503, or 

212.504 are also not applicable or 

modified in their applicability to 

contracts for the acquisition of COTS 

items. In addition to the laws listed at 

FAR 12.505 as specifically not 

applicable to COTS items, the following 

laws are not applicable to contracts for 

the acquisition of COTS items: 

(1) 10 U.S.C. 391, Reporting on Cyber 

Incidents with Respect to Networks and 

Information Systems of Operationally 

Critical Contractors and Certain Other 

Contractors, and 10 U.S.C. 393, 

Reporting on Penetrations of Networks 

and Information Systems of Certain 

Contractors. 

(2) Paragraph (a)(1) of 10 U.S.C. 4863, 

Requirement to buy strategic materials 

critical to national security from 

American sources, except as provided at 

225.7003–3(b)(2)(i). 

(3) Paragraph (a)(1) of 10 U.S.C. 4872, 

Prohibition on acquisition of sensitive 

materials from non-allied foreign 

nations, except as provided at 

225.7018–3(c)(1). 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 6. Amend section 219.811–3 by 

revising paragraph (2) to read as follows: 

219.811–3 Contract clauses. 

* * * * * 

(2) Use the clause at 252.219–7010, 

Notification of Competition Limited to 

Eligible 8(a) Participants-Partnership 

Agreement, in lieu of the clause at FAR 

52.219–18, Notification of Competition 

Limited to Eligible 8(a) Participants, in 

competitive solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, when the 

acquisition is accomplished using the 

procedures of FAR 19.805 and 

processed in accordance with the PA 

cited in 219.800. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Revise section 252.244–7000 to 

read as follows: 

252.244–7000 Subcontracts for 

Commercial Products or Commercial 

Services. 

As prescribed in 244.403, use the 

following clause: 

Subcontracts for Commercial Products 

or Commercial Services (NOV 2023) 

(a) The Contractor shall not include the 

terms of any Federal Acquisition Regulation 

(FAR) clause or Defense Federal Acquisition 

Regulation Supplement (DFARS) clause in 

subcontracts for commercial products or 

commercial services at any tier under this 

contract, unless— 

(1) For DFARS clauses, it is so specified in 

the particular clause; or 

(2) For FAR clauses, the clause is listed at 

FAR 12.301(d) or it is so specified in 

paragraph (e)(1) of the clause at FAR 52.212– 

5 or paragraph (b)(1) of the clause at FAR 

52.244–6, as applicable. (Section 

847(b)(1)(B), Pub. L. 114–328) 

(b)(1) In accordance with 10 U.S.C. 3457(c), 

the Contractor shall treat as commercial 

products any items valued at less than 

$10,000 per item that were purchased by the 

Contractor for use in the performance of 

multiple contracts with the Department of 

Defense and other parties and are not 

identifiable to any particular contract when 

purchased. 

(2) The Contractor shall ensure that any 

items to be used in performance of this 

contract, that are treated as commercial 

products pursuant to paragraph (b)(1) of this 

clause, meet all terms and conditions of this 

contract that are applicable to commercial 

products or commercial services in 

accordance with the clause at FAR 52.244– 

6 and paragraph (a) of this clause. 

(c) Subcontracts. The Contractor shall 

include the terms of this clause, including 

this paragraph (c), in subcontracts awarded 

under this contract, including subcontracts 

for the acquisition of commercial products or 

commercial services. 

(End of clause) 

[FR Doc. 2023–25158 Filed 11–16–23; 8:45 am] 

BILLING CODE 6820–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 215, 223, 234, and 

252 

[Docket DARS–2023–0001; Req No. DARS– 

2024–00013–FR] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective November 17, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to 48 CFR parts 211, 

215, 234, and 252 as follows: 

1. Update the title of DoD Directive 

5000.02 at DFARS 211.002, 234.003, 

and 234.7100. 

2. At DFARS 215.404–75(b), remove 

an obsolete document reference ‘‘DoD 

FFRDC Management Plan’’ and replace 

it with the current reference ‘‘DoD 

Instruction 5000.77, DoD Federally 

Funded Research and Development 

Center Program’’. 

3. Update references to DoD Manual 

4145.26 at DFARS 223.370–3 and 

252.223–7002, and update references to 

DoD Manual 5100.76 at DFARS 

223.7200, 223.7201, 223/7202, 

223.7202, and 252.223–7007. 

4. Provide a cross-reference to DFARS 

Procedures, Guidance, and Information 

234.005–1 at DFARS 234.005–1. 

5. Update the System for Award 

Management internet link at DFARS 

252.204–7007. 

6. Update internet links to the Basic 

NIST SP 800–171 DoD Assessment 

reference document at DFARS 252.204– 

7019 and 252.204–7020. 

7. Update references to replace 

‘‘Bahrainian’’ with ‘‘Bahraini’’ at DFARS 

252.225–7013, 252.227–7017, 252.225– 

7018, 252.225–7035, 252.225–7036, 

252.225–7045, and 252.227–7018. 

8. Correct a reference at DFARS 

252.227–7018 to ‘‘60 days’’. 


khammond on DSKJM1Z7X2PROD with RULES3