Tuesday, April 2, 2019

DoD Removes a Definition from its Procurement Regulations

Did you notice that the number of definitions listed in the Defense FAR Supplement (DFARS) is now shorter? The Defense Department just eliminated the definition of "General public and non-Governmental entities". The removed definition stated that "General public" and "non-governmental entities" as used in the definition of commercial item" at FAR 2.101, do not include the Federal Government or a State, local or foreign government.

The FAR reference states that commercial item means "any item ... that is of a type customarily used by the general public or by non-governmental entities  for purposes other than governmental purposes...". One would think that the phrase "non-governmental entities" is self-evident and would not require a DFARS clarification. But for some reason, Congress felt the need for such clarification ten years ago when it passed the 2008 NDAA.

With the passage of the 2019 National Defense Authorization Act, Congress removed more than 60 obsolete Defense acquisition laws, most of  which have been completed, have expired, or do not impact procurement regulations. Only one of the more than 60 rescinded laws impacted procurement regulations - the definition of "general public and non-governmental entities" and that has now been removed.

Getting rid of 60 DoD procurement laws is a pretty good start.

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