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(Re) Interpreting The Far Commercial Items Definition

Pub K Special Report

Issue 2  ::  June 2022

In November 2021, the FAR Council revised the regulatory definition of “commercial item” by splitting it into two definitions, one for commercial products and another for commercial services. However, this change did not further clarify the relevant definitions for government agencies and contractors, and thus could create more confusion around commerciality determinations.

In this white paper, exclusive to Pub K Law, Ron Falcone breaks down the history of the change and makes recommendations to Congress for addressing this important issue.

About the Author
Ron Falcone is Executive Vice President and co-founder of Distributed Solutions, Inc. (DSI) and oversees its contracts management directorate. Ron is a subject matter expert and consultant with over five decades of federal acquisition lifecycle business process management experience. Since 2004, he has been an Adjunct Professor at the University of Virginia’s Procurement and Contracts Management Certificate Program. His credentials include National Contract Management Association (NCMA) Certified Professional Contract Manager (CPCM), Certified Federal Contract Manager (CFCM), and NCMA Fellow.