Comment on FR Doc # 2026-09067
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Summary: The commenter asks for clarification on the definitions of "commercial products" and "commercial services" and suggests specific technical improvements to the proposed DFAR. They recommend explicitly referencing Standard Form SF 312, clarifying that risk mitigation is contingent on the award, and shortening the timeline for initiating a plan of action.
•IRT “(c) The requirements in paragraphs (a) and (b) of this section do not apply to commercial products and commercial services,” as defined by what? Who, Will DCSA still get these contracts and make that determination? If so, by what definition of a "commercial product" and "commercial service"?
•IRT "Policy (a)(1) Disclose to the Defense Counterintelligence and Security Agency (DCSA) their beneficial ownership and whether they are under foreign ownership, control, or influence (FOCI);", recommend add verbiage "via the Standard Form SF 312 “Certificate Pertaining to Foreign Interests, is used by the Defense Counterintelligence and Security Agency (DCSA).” The form is mentioned later but should be reinforced in the DFAR whenever possible.
•“Agree to the REQUIRED risk mitigation strategies identified in the National Industrial Security System at the time of contract award,”. Recommend to to reinforce that execution of the risk mitigation strategies are CONTINGENT of the award.
•“Within 10 business days of being notified by DCSA that FOCI or beneficial ownership poses a risk or potential risk of compromise to national security, the Contractor shall initiate a plan of action to implement DCSA's recommendations;” Where does 10 business days come from, and it is sufficient? Recommend 5 calendar days, 7?