Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 25141 

Regulatory Procedures 

Executive Order 12866, as 

Supplemented by Executive Order 

13563 

We consulted with the Office of 

Management and Budget (OMB) and 

determined that this final rule does not 

meet the criteria for a significant 

regulatory action under Executive Order 

12866, as supplemented by Executive 

Order 13563. 

We also determined that this final 

rule meets the plain language 

requirement of Executive Order 12866. 

Executive Order 13132 (Federalism) 

We analyzed this final rule in 

accordance with the principles and 

criteria established by Executive Order 

13132, and we determined that the final 

rule will not have sufficient Federalism 

implications to warrant the preparation 

of a Federalism assessment. We also 

determined that this final rule will not 

preempt any State law or State 

regulation or affect the States’ abilities 

to discharge traditional State 

governmental functions. 

Executive Order 12372 

(Intergovernmental Review) 

The regulations effectuating Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities apply to 

this final rule. 

Regulatory Flexibility Act 

We certify that this final rule will not 

have a significant economic impact on 

a substantial number of small entities 

because it affects individuals only. 

Therefore, the Regulatory Flexibility 

Act, as amended, does not require us to 

prepare a regulatory flexibility analysis. 

Paperwork Reduction Act 

This final rule does not create any 

new or affect any existing collections 

and, therefore, does not require Office of 

Management and Budget approval 

under the Paperwork Reduction Act. 

List of Subjects in 20 CFR Part 401 

Administrative practice and 

procedure, Privacy. 

The Acting Commissioner of the 

Social Security Administration, Kilolo 

Kijakazi, having reviewed and approved 

this document, is delegating the 

authority to electronically sign this 

document to Faye I. Lipsky, who is the 

primary Federal Register Liaison for 

SSA, for purposes of publication in the 

Federal Register. 

Faye I. Lipsky, 

Federal Register Liaison, Office of Legislation 

and Congressional Affairs, Social Security 

Administration. 

For the reasons stated in the 

preamble, we are revising subpart B of 

part 401 of title 20 of the Code of 

Federal Regulations as set forth below: 

PART 401—PRIVACY AND 

DISCLOSURE OF OFFICIAL RECORDS 

AND INFORMATION 

Subpart B—[Amended] 

■ 1. The authority citation for subpart B 

of part 401 continues to read as follows: 

Authority: Secs. 205, 702(a)(5), 1106, and 

1141 of the Social Security Act (42 U.S.C. 

405, 902(a)(5), 1306, and 1320b–11); 5 U.S.C. 

552 and 552a; 8 U.S.C. 1360; 26 U.S.C. 6103; 

30 U.S.C. 923. 

■ 2. In § 401.85, add paragraph 

(b)(2)(ii)(H) to read as follows. 

§ 401.85 Exempt systems. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(H) Anti-Fraud System, SSA. 

* * * * * 

[FR Doc. 2022–09089 Filed 4–27–22; 8:45 am] 

BILLING CODE 4191–02–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

[Docket DARS–2020–0044] 

RIN 0750–AL19 

Defense Federal Acquisition 

Regulation Supplement: Commercial 

Item Determinations (DFARS Case 

2020–D033) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2018 that allows a contract 

for an item using Federal Acquisition 

Regulation (FAR) part 12 procedures to 

serve as a prior commercial item 

determination. 

DATES: Effective April 28, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanette Snyder, 571–372–6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 84 FR 65322 on 

November 27, 2019, DFARS Case 2019– 

D029, to implement sections 877 and 

878 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2017 (Pub. L. 114–328) and 

further implement section 848 of the 

NDAA for FY 2018 (Pub. L. 115–91). 

DoD published a second proposed rule 

at 85 FR 74636 on November 23, 2020, 

DFARS Case 2020–D033, to further 

implement section 848 of the NDAA for 

FY 2018 due to substantial statutory 

changes made after the issuance of the 

first proposed rule under DFARS Case 

2019–D029. Comments received in 

response to DFARS Case 2019–D029 

were addressed in the second proposed 

rule, DFARS Case 2020–D033. 

Section 848 modified 10 U.S.C. 

2380(b) to provide that a contract for an 

item using FAR part 12 procedures shall 

serve as a prior commercial item 

determination, unless the appropriate 

official determines in writing that the 

use of such procedures was improper or 

that it is no longer appropriate to 

acquire the item using commercial item 

acquisition procedures. On January 1, 

2021, 10 U.S.C. 2380(b) was 

redesignated as 10 U.S.C. 2380(c) in 

accordance with section 816 of the 

NDAA for FY 2021 (Pub. L. 116–283). 

Three respondents submitted comments 

in response to the proposed rule for 

DFARS Case 2020–D033. 

This final rule does not replace the 

term ‘‘commercial item’’ with 

‘‘commercial product’’ and/or 

‘‘commercial service’’ in accordance 

with section 836 of the NDAA for FY 

2019 (Pub. L. 115–232). This change is 

addressed in DFARS Case 2018–D066, 

which implements section 836. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule are provided, 

as follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

No changes are made in the final rule 

as a result of public comments. 

B. Analysis of Public Comments 

1. Exceptions to Implementation 

Comment: A respondent suggested 

adding examples of what ‘‘other 

evidence’’ at DFARS 212.102(a)(ii) 


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might include ‘‘such as, a contract or 

correspondence from a contracting 

officer’’ to assist contracting officers. 

Response: DoD acknowledges that 

examples of ‘‘other evidence’’ may be 

helpful; however, since it not feasible to 

provide an all-inclusive list of what 

might constitute ‘‘other evidence,’’ 

examples may hinder contracting 

officers’ ability to exercise sound 

business judgment on a case-by-case 

basis. DFARS 212.102(a)(ii) already 

provides that the prior contract may be 

utilized. 

Comment: Two respondents 

recommended revising the proposed 

rule to clarify that if a prior FAR part 

12 contract exists, a new commercial 

item determination is not required, and 

another respondent indicated the 

contracting officer should not be 

required to perform a search of the 

commercial item database. 

Response: As a result of a similar 

public comment received in response to 

the proposed rule published under 

DFARS Case 2019–D029, DFARS 

paragraph 212.102(a)(iii) was moved to 

212.102(a)(ii) to precede the paragraph 

on commercial item determinations. At 

the same time, the coverage was 

rewritten to shift emphasis to the use of 

prior commercial item determinations 

and use of prior acquisitions conducted 

using FAR part 12 commercial item 

acquisition procedures as a 

determination. Additionally, there are 

circumstances in which the prior use of 

FAR part 12 procedures was for items 

that were not commercial items but 

rather items that were only ‘‘treated as 

commercial items’’ (i.e., procured under 

the authority of 41 U.S.C. 1903 or 10 

U.S.C. 2380a). Therefore, the use of FAR 

part 12 procedures under these 

circumstances could not be used as a 

prior commercial item determination. 

Furthermore, the applicability of 

statutory exceptions to treat certain 

items as commercial is not dependent 

upon the particular items being 

purchased; rather it is dependent upon 

the circumstances of the particular 

acquisition that cannot be extrapolated 

to other acquisitions of the same item(s). 

As such, a contracting officer cannot 

infer that the use of FAR part 12 

procedures means that the acquisition is 

always appropriate to serve as a 

commercial item determination, and a 

review of the commercial item database 

may be warranted. 

Comment: A respondent indicated 

that the exclusion of the use of FAR part 

15 procedures for an item or service 

previously procured using FAR part 12 

procedures should be included in this 

rule. 

Response: This exclusion was 

addressed in the final rule at DFARS 

212.102(a)(ii)(B)(1). 

Comment: Two respondents took 

exception to the requirement for the 

contracting officer to document the file. 

Response: Section 848 of the NDAA 

for FY 2018 modified 10 U.S.C. 2380 to 

preclude the need for a commercial item 

determination under certain 

circumstances. This rule allows for the 

reliance on a prior commercial item 

determination or ‘‘some other 

evidence;’’ therefore, this rule will 

minimize the contract file 

documentation required where a prior 

commercial item determination exists. 

However, that does not preclude the 

contracting officer’s responsibility to 

conduct market research and to 

document the file accordingly. 

Comment: A respondent 

recommended the Commercial Item 

Database reference be placed in DFARS 

Procedures, Guidance, and Information 

(PGI) rather than at DFARS 

212.102(a)(ii) since section 848 of the 

NDAA for FY 2018 does not address it. 

Response: Although the Commercial 

Item Database is not referenced in 

section 848 of the NDAA for FY 2018, 

it is mandated by 10 U.S.C. 2380(a); 

therefore, it is appropriate to reference 

it at the DFARS level. 

2. Outside the Scope of the Rule 

Comment: A respondent indicated the 

requirement to obtain higher level 

approval at DFARS 212.102(a)(iii)(C) 

should be removed. 

Response: The higher level approval 

at DFARS 212.102(a)(iii)(C) is applicable 

when the ‘‘Prior use of FAR part 12 

procedures’’ at DFARS 212.102(a)(ii) is 

not applicable, and the commercial item 

determination relies on paragraphs 

(1)(ii), (3), or (4) of the ‘‘commercial 

product’’ definition at FAR 2.101 or 

paragraph (2) of the ‘‘commercial 

service’’ definition at FAR 2.101. The 

requirement for higher level approval 

was added to the DFARS on March 12, 

2012, as a result of a recommendation 

of the Panel on Contracting Integrity 

included in its 2009 Report to Congress 

concerning compliance with the DFARS 

documentation requirements for 

commercial item determinations. In its 

report, the Panel concluded that 

determinations were not always 

sufficiently documented; therefore, the 

DFARS was modified to require 

approval at one level above the 

contracting officer for commercial 

acquisitions that are based on ‘‘of a 

type’’ commercial procurements or 

items ‘‘offered for sale’’ but not yet sold 

to the general public. This approval 

does not conflict with the changes made 

to 10 U.S.C. 2380 by section 848 of the 

NDAA for FY 2018, and the basis for it 

is still valid. 

Comment: A respondent 

recommended the Commercial Item 

Database be expanded to include 

information regarding commercial 

awards. 

Response: 10 U.S.C. 2380(a) sets forth 

the requirements for the Commercial 

Item Database, whereas information 

regarding contract awards is available 

via other means such as the Federal 

Procurement Data System; therefore, it 

is not necessary to expand the 

Commercial Item Database to replicate 

data available elsewhere. 

C. Other Changes 

DFARS 212.102(a)(iii) is modified to 

specify that commercial item 

determinations are only required for 

acquisitions that exceed the simplified 

acquisition threshold (SAT). The 

proposed rule eliminated the $1 million 

threshold for commercial item 

determinations, which was based on 

policy to avoid overly burdensome 

requirements on lower dollar value 

acquisitions. If contracting officers are 

accepting prior use of FAR part 12 

procedures, even below $1 million, as a 

commercial item determination for 

subsequent buys, then it is necessary to 

apply the same standards at any dollar 

value, as these determinations can form 

the basis for much larger acquisitions. 

However, requiring commercial item 

determinations for acquisitions between 

the micro-purchase threshold and those 

at or below the SAT would impose an 

overly burdensome requirement for 

Government personnel. DoD also 

recognizes the elimination of the $1 

million threshold could result in an 

administrative burden on contractors if 

the requirement for a commercial item 

determination is imposed at or below 

the SAT. Therefore, DFARS 

212.102(a)(iii) is modified to reflect the 

internal operating procedures of the 

Government to specify that commercial 

item determinations are only required 

for acquisitions that exceed the SAT. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold, for Commercial Products 

Including Commercially Available Offthe-Shelf Items, and for Commercial 

Services 

This 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 


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Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 25143 

commercially available off-the-shelf 

items, or for commercial services. 

IV. Expected Impact of the Rule 

This final rule is expected to benefit 

the Government and contractors as it 

streamlines FAR part 12 and 

commercial item determination 

processes and procedures. Since this 

rule will allow a contracting officer to 

rely on a prior commerciality 

determination in the Commercial Item 

Database, a prior contract, or other 

evidence that an item has previously 

been procured by DoD using 

commercial item acquisition procedures 

under FAR part 12, it will preclude the 

need to prepare a commercial item 

determination and, as such, preclude 

the need for contractors to provide 

information to the Government to 

support a commercial item 

determination. Therefore, this rule is 

expected to benefit both the 

Government and contractors. Given that 

this rule streamlines internal 

Government processes and procedures 

and, as a consequence, benefits 

contractors, there is no expected cost to 

contractors. 

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, dated September 30, 1993. 

VI. Congressional Review Act 

As required by the Congressional 

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

interim or 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 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 

(FRFA) has been prepared consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

This final rule is necessary in order to 

further implement section 848 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2018, 

which modified 10 U.S.C. 2380(b) 

(redesignated, as of January 1, 2021, as 

10 U.S.C. 2308(c) in accordance with 

section 816 of the NDAA for FY 2021 

(Pub. L. 116–283)). The objective of this 

rule is to address the use of Federal 

Acquisition Regulation (FAR) part 12 

procedures and commercial item 

determinations. If the DoD Commercial 

Item Database contains a prior 

commercial item determination, or the 

contracting officer has other evidence 

that an item has previously been 

acquired by DoD using commercial item 

acquisition procedures under FAR part 

12, the prior contract shall serve as a 

determination that an item is a 

commercial item. 

No significant issues were raised by 

the public comments received in 

response to the initial regulatory 

flexibility analysis. 

DoD awarded an average of 24,446 

new contracts to an average of 11,297 

unique entities (including 7,344 small 

businesses) each year from FY 2018 

through FY 2020. However, this rule is 

not expected to have a significant 

impact on small entities because the 

rule is not implementing any 

requirements with which small entities 

must comply. This rule impacts 

Government internal operating 

procedures for commercial item 

determinations for products and 

services offered to the Government. 

This final rule does not impose any 

new reporting, recordkeeping, or other 

compliance requirements. 

DoD did not identify any significant 

alternatives that would minimize or 

reduce the significant economic impact 

on small entities, because no significant 

impact is expected. Any impact is 

expected to be beneficial. 

VIII. Paperwork Reduction Act 

The 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 Part 212 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR part 212 is 

amended as follows: 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for part 212 

continues to read as follows: 

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

chapter 1. 

■ 2. Revise section 212.102 to read as 

follows: 

212.102 Applicability. 

(a)(i) Use of FAR part 12 procedures. 

Use of FAR part 12 procedures is based 

on— 

(A) A determination that an item is a 

commercial item (see paragraph (a)(iii) 

of this section); or 

(B) Applicability of one of the 

following statutes that provide for 

treatment as a commercial item and use 

of FAR part 12 procedures, even though 

the item may not meet the definition of 

‘‘commercial product’’ or ‘‘commercial 

service’’ at FAR 2.101 and does not 

require a commercial item 

determination: 

(1) 41 U.S.C. 1903—Supplies or 

services to be used to facilitate defense 

against or recovery from cyber, nuclear, 

biological, chemical, or radiological 

attack pursuant to FAR 12.102(f). 

(2) 10 U.S.C. 2380a—Supplies or 

services from nontraditional defense 

contractors pursuant to 212.102(a)(iv). 

(ii) Prior use of FAR part 12 

procedures. (A) Pursuant to 10 U.S.C. 

2380(c), except as provided in 

paragraph (a)(ii)(B) of this section or 

unless the item was acquired pursuant 

to paragraph (a)(i)(B) of this section, if 

the Commercial Item Database (for 

website see PGI 212.102(a)(iii)(B)(4)) 

contains a prior commerciality 

determination, or the contracting officer 

has other evidence that an item has 

previously been acquired by DoD using 

commercial item acquisition procedures 

under FAR part 12, then the prior 

contract shall serve as a prior 

determination that an item is a 

commercial item. The contracting 

officer shall document the file 

accordingly. 

(B)(1) If the item to be acquired meets 

the criteria in paragraph (a)(ii)(A) of this 

section, the item may not be acquired 

using other than FAR part 12 

procedures unless the head of the 

contracting activity issues a 


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25144 Federal Register / Vol. 87, No. 82 / Thursday, April 28, 2022 / Rules and Regulations 

determination as specified in paragraph 

(a)(ii)(B)(2)(ii) of this section. 

(2) Pursuant to 10 U.S.C. 

2306a(b)(4)(A), the contracting officer 

may presume that a prior commercial 

item determination made by a military 

department, a defense agency, or 

another component of DoD shall serve 

as a determination for subsequent 

procurements of such item. In 

accordance with 10 U.S.C. 2306a(b)(4) 

and 10 U.S.C. 2380(c), if the contracting 

officer questions a prior determination 

to use FAR part 12 procedures and 

instead chooses to proceed with a 

procurement of an item previously 

determined to be a commercial item 

using procedures other than FAR part 

12 procedures, the contracting officer 

shall request a review by the head of the 

contracting activity that will conduct 

the procurement. Not later than 30 days 

after receiving a request for review, the 

head of the contracting activity shall— 

(i) Confirm that the prior use of FAR 

part 12 procedures was appropriate and 

still applicable; or 

(ii) Issue a determination that the 

prior use of FAR part 12 procedures was 

improper or that it is no longer 

appropriate to acquire the item using 

FAR part 12 procedures, with a written 

explanation of the basis for the 

determination. 

(iii) Commercial item determination. 

Unless the procedures in paragraph 

(a)(ii) of this section are applicable, 

when using FAR part 12 procedures for 

acquisitions of commercial items 

pursuant to 212.102(a)(i)(A) that exceed 

the simplified acquisition threshold, the 

contracting officer shall— 

(A) Determine in writing that the 

acquisition meets the commercial 

product or commercial service 

definition in FAR 2.101; 

(B) Include the written determination 

in the contract file; 

(C) Obtain approval at one level above 

the contracting officer when a 

commercial item determination relies 

on paragraph (1)(ii), (3), or (4) of the 

‘‘commercial product’’ definition at FAR 

2.101 or paragraph (2) of the 

‘‘commercial service’’ definition at FAR 

2.101; and 

(D) Follow the procedures and 

guidance at PGI 212.102(a)(iii) regarding 

file documentation and commercial 

item determinations. 

(iv) Nontraditional defense 

contractors. In accordance with 10 

U.S.C. 2380a, contracting officers— 

(A) Except as provided in paragraph 

(a)(iv)(B) of this section, may treat 

supplies and services provided by 

nontraditional defense contractors as 

commercial items. This permissive 

authority is intended to enhance 

defense innovation and investment, 

enable DoD to acquire items that 

otherwise might not have been 

available, and create incentives for 

nontraditional defense contractors to do 

business with DoD. It is not intended to 

recategorize current noncommercial 

items; however, when appropriate, 

contracting officers may consider 

applying commercial item procedures to 

the procurement of supplies and 

services from business segments that 

meet the definition of ‘‘nontraditional 

defense contractor’’ even though they 

have been established under traditional 

defense contractors. The decision to 

apply commercial item procedures to 

the procurement of supplies and 

services from nontraditional defense 

contractors does not require a 

commercial item determination and 

does not mean the item is commercial; 

(B) Shall treat services provided by a 

business unit that is a nontraditional 

defense contractor as commercial items, 

to the extent that such services use the 

same pool of employees as used for 

commercial customers and are priced 

using methodology similar to 

methodology used for commercial 

pricing; and 

(C) Shall document the file when 

treating supplies or services from a 

nontraditional defense contractor as 

commercial items in accordance with 

paragraph (a)(iv)(A) or (B) of this 

section. 

(v) Commercial item guidebook. For a 

link to the commercial item guidebook, 

see PGI 212.102(a)(v). 

Subpart 212.70 [Removed and 

Reserved] 

■ 3. Remove and reserve subpart 212.70, 

consisting of sections 212.7000 and 

212.7001. 

[FR Doc. 2022–08812 Filed 4–27–22; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217, 234, and 235 

[Docket DARS–2021–0020] 

RIN 0750–AL49 

Defense Federal Acquisition 

Regulation Supplement: Contract 

Authority for Development and 

Demonstration of Prototypes (DFARS 

Case 2021–D025) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2021 that amends the types 

of line items and contract options that 

may be included, subject to limitations, 

in certain contracts initially awarded 

pursuant to competitive solicitations. 

DATES: Effective April 28, 2022. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Barbara J. Salcido, telephone 571–372– 

6102. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 86 FR 59951 on 

October 29, 2021, to revise the DFARS 

to implement paragraph (a)(2) of section 

831 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2021 (Pub. L. 116–283). 

Section 831(a)(2) amends 10 U.S.C. 

2302e(a) to revise the type of contract 

line items or options that may be 

included, without additional 

competition, in contracts initially 

awarded from the competitive selection 

of a proposal resulting from a broad 

agency announcement. 

One respondent submitted a public 

comment in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. The 

public comment is outside the scope of 

this rule; therefore, there are no changes 

made to the final rule. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products Including Commercially 

Available Off-the-Shelf (COTS) Items, 

and for Commercial Services 

This 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 at or below the simplified 

acquisition threshold, for commercial 

products including COTS items, or for 

commercial services. 

IV. Expected Impact of the Rule 

The final rule impacts DoD 

acquisition planning decisions for 

contract awards that will result from the 

competitive selection of a proposal in 

response to a broad agency 

announcement for which DoD intends 

to include a contract line item or option 


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