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.