On November 15, 2024, DoD issued a final rule to address the applicability of certain contract clauses and solicitation provisions to commercial products and services and commercially available off-the-shelf (COTS) items. The final rule implements certain sections of the NDAAs for FYs 2018 and 2019 and is effective November 25, 2024.

The November 15 final rule was issued in response to NDAA provisions requiring DoD to review the DFARS and propose revisions to eliminate certain clauses related to the acquisition of commercial products and services under FAR Part 12 and COTS items. The final rule amends the list at DFARS 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. Clauses addressed in the final rule relate to a multitude of topics, including cybersecurity/covered defense information and domestic preferences.

The November 15 final rule can be found here.