DFARS PART 212—ACQUISITION OF COMMERCIAL ITEMS, Nontraditional Defense Contractors

Question: Can DFARS 212 nontraditional defense contractor authority to use FAR 12 commercial procedures apply to nontraditional subcontractors? Background: Defense Federal Acquisition Regulation Supplement: Commercial Item Determinations (DFARS Case 2020-D033), posted on 04/28/2022 provides that FAR Part 12 Commercial procedures can be used by "non-traditional defense contractors" even if the item is not commercial. PART 212—ACQUISITION OF COMMERCIAL ITEMS Authority: 41 U.

Thanks Don. I remember reading that several months ago but had forgotten about it when responding to this thread. We had looked into it when this question came up in my company. Our conclusion was that it was for primes only. We were looking to take advantage of it, but decided we couldn't. For WifWaf: read DFARS 212.102(a)(iii). "contracting officers ... (A) ... may treat supplies and services provided by nontraditional defense contractors as commercial items." "The decision to apply comme