DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to simplify prescriptions for provisions and clauses that are applicable to the acquisition of commercial items and to specify flowdown of clauses to commercial subcontracts.
As posted on www.regulations.gov, it is being proposed that the clause at 252.212-7001 is not compatible with contract writing software and therefore must be changed. Potentially most importantly is the fact that this same clause includes flowdown requirements. As I have discussed before, there is definitely a larger push and more oversight on flowdowns. Thankfully, there have been tools developed to begin to help prime contractors in identifying and complying with the flowdowns (as well as FAR clauses in general).
Technology shapes the way we do business everyday. I think it is great that “automated contract writing software” is to blame for changing regulations. Common sense dictates that the software would allow for a more automated approach to writing the contract, rather than a more automated approach to writing the regulation, right?
Even better is that I sat down just yesterday and attended a webinar on “Voice of the Customer” that drilled on this idea of knowing the customer and what their needs are when developing a new product. Perhaps someone should point the DOD in the direction of “The Voice of the Customer” by Abbie Griffin and John Hauser.