This new rule represents a significant departure from the previous policy, which discouraged but did not outright prohibit the inclusion of non-mandatory clauses in subcontracts.
The aim of this new rule is to streamline and simplify the acquisition process, particularly for commercial item contracts. By prohibiting the flow-down of many FAR and DFARS clauses, the DoD seeks to reduce the regulatory burden on both prime contractors and their subcontractors. This change is intended to promote efficiency, flexibility, and cost-effectiveness in the acquisition of commercial items.
The restriction on flow-down applies to non-mandatory clauses, which are typically included in contracts to address specific requirements or regulations that may not be applicable to all subcontractors. By limiting the inclusion of these clauses in commercial item subcontracts, the DoD aims to ensure that subcontractors are not burdened with unnecessary and potentially costly obligations that are not directly relevant to their work.
