A good article authored by Phillip Seckman, Partner, Dentons US LLP, on DoD’s attempt again to rewrite the rules on commercial items.
After its failed attempt to change the definition of “commercial item” from “of a type” to “market-based” pricing, DoD has dropped the “market-based” pricing but has retained “a solicitation provision and price analysis guidance for its contracting officers that would lead to demands for significant pricing data, as well as increased demand for uncertified cost information to support price analysis determinations.”
These provision and guidance will can place significant resource requirements on contractors resulting in increase cost associated with obtaining produce determination as a “commercial item”.
I have highlighted other sections in the article that will require your attention and preparation if you plan on introducing commercial items in your proposals.
Dentons Government Contracts – Redux – DoD again proposes new rule on commercial item procurement