Publication Notices

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DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151230

On December 30, 2015, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Taxes—Foreign Contracts in Afghanistan (DFARS Case 2014-D003)


Amends the DFARS to add two clauses to notify DoD contractors of requirements relating to Afghanistan taxes when DoD contracts are being performed in Afghanistan.

Affected parts/subparts/sections: TOC part 229; 212.301; 229.402-70; 252.229-7014 and 252.229-7015.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Trade Agreements Thresholds (DFARS Case 2016-D003)

Effective January 1, 2016

Amends the DFARS to incorporate increased thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

Affected parts/subparts/sections: 225.1101, 225.7017-3, 225.7017-4, 225.7503; 252.225-7017 and 252.225-7018.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

INTERIM RULE:


Network Penetration Reporting and Contracting for Cloud Services (DFARS Case 2013-D018)


Amends the DFARS to provide contractors additional time to implement the security requirements specified by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171, “Protecting Controlled Unclassified Information in Nonfederal Information Systems and Organizations,” pursuant to DFARS clause 252.204-7012 and clarifies subcontractor flowdown requirements.

Affected parts/subparts/sections: 252.204-7008, 252.204-7009, and 252.204-7012.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.

PROPOSED RULES:


Multiyear Contract Requirements (DFARS Case 2015-D009)


Proposes to amend the DFARS to implement section 816 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113-291) and section 8010 of the Department of Defense Appropriations Act for FY 2015 (Division C, Title VII of Public Law 113-235), which address various responsibilities of the head of agency with regard to multiyear contracts.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Defense Contractors Performing Private Security Functions (DFARS Case 2015-D021)


Proposes to amend the DFARS to consolidate requirements for DoD contractors performing private security functions in designated areas outside the United States, make changes regarding applicability, and provide an alternative high-level quality assurance standard.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

PGI Changes:


Monitoring SPOT Compliance (DFARS PGI Case 2016-P002)


Provides guidance and procedures for guidance for providing surveillance of the contractor’s implementation of the Synchronized Predeployment and Operational Tracker (SPOT).

Affected PGI parts/subparts/sections: PGI 242.302(a)(S-72).

A Microsoft Word format document showing the DFARS PGI changes made is here.

CBAR Documentation Requirements (DFARS PGI Case 2016-P004)


Provides clarification regarding uploading pre- and postnegotiation noncompetitive business clearance documents to CBAR. A revised link is provided to the CBAR webpage.

Affected PGI parts/subparts/sections: PGI 215.406-3.

A Microsoft Word format document showing the DFARS PGI changes made is here.

Administrative Changes to DFARS:


1.   Revises DFARS 204.1105 introductory text by replacing the word “clause” with “provision” to conform to the Code of Federal Regulation (CFR).

2.   Revises DFARS 225.401-71 introductory text by removing “Iraq or” and corrects the Part 225 Table of Contents to conform to the CFR.

3.   Revises the DFARS to designate clause 252.225-7022 as “Reserved” to conform to the CFR.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151130

On November 30, 2015, DoD made the following changes to the DFARS:

Small entity compliance guide:


Technical amendment:


Revises the DFARS as follows:
a.   Amends DFARS sections 217.500(b), 217.502-1(a)(1) and 217.502-1(b)(1) to provide pointers to new DFARS PGI at 217.502-1 (PGI Case 2016-P001);
b.   Amends DFARS section 239.7603 to provide a pointer to DFARS PGI 239.7603 (PGI Case 2015-P012); and
c.   Makes conforming changes at DFARS 239.7604, 252.239-7009, and 252.239-7010 (PGI Case 2015-P012).

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made is here.

PGI Changes:


Acquisition Assistance to Deployed Units and Personnel (DFARS PGI Case 2016-P001)


Provides guidance and procedures for when a contracting activity from one DoD Component provides acquisition assistance to deployed DoD units or personnel from another DoD Component. Also, see the related DPAP policy memorandum dated November 30, 2015, entitled “Contracting Support of Deployed DoD Personnel and Units.”

Affected PGI parts/subparts/sections: PGI 217.502 and 217.502-1.

A Microsoft Word format document showing the DFARS PGI changes made is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151120

On November 20, 2015, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Photovoltaic Devices from United States Sources (DFARS 2015-D007)


Amends the DFARS to implement section 858 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015. Section 858 revises restrictions relating to utilization of domestic photovoltaic devices.

Affected parts/subparts/sections:  TOC part 225; 212.301; 225.7017-1, 225.7017-2, 225.7017-3, 225.7017-4, 225.7017-5; 252.225-7017 and 252.225-7018.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.

Eliminate Data Collection Requirement (DFARS Case 2015-D031)


Amends the DFARS to eliminate a requirement for military departments and defense agencies to collect and report relevant data on award and incentive fees paid to contractors. Retention of this statement in the DFARS no longer necessary, because there is no longer a requirement that impacts the contracting officer or other members of the contracting community.

Affected parts/subparts/sections:  TOC part 216 and remove 216.401-70.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

PROPOSED RULES:


Extension and Modification of Contract Authority for Advanced Component Development and Prototype Units (DFARS Case 2015-D008)


Proposes to amend the DFARS to implement section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113-291, enacted December 19, 2014). Section 811 entitled “Extension and Modification of Contract Authority for Advanced Component Development and Prototype Units” amends paragraphs (a) and (b) of section 819 of the NDAA for FY 2010 (10 U.S.C. 2302 note). The rule extends and modifies contract authority for advanced component development and prototype units.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Contract Term Limit for Shared Energy Savings Contract Services (DFARS Case 2015-D018)


Proposes to amend the DFARS to clarify the contract term for contracts awarded under the statutory authority of 10 U.S.C. 2913. Section 2913 requires DoD to develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of such contracts.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Long-Haul Telecommunications (DFARS Case 2015-D023)


Proposes to amend the DFARS to add a definition of “long-haul telecommunications.” The rule also amends DFARS 239.7402 to provide a pointer to internal Government procedures in DFARS Procedures, Guidance, and Information (PGI) to identify the Defense Information Systems Agency as the sole procurement activity for long-haul telecommunications requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

A Microsoft Word format document showing the DFARS PGI changes proposed by this rule is here.

Promoting Voluntary Post-Award Disclosure of Defective Pricing (DFARS Case 2015-D030)


Proposes to amend the DFARS to indicate that DoD contracting officers shall request a limited-scope audit when a contractor voluntarily discloses defective pricing after contract award, unless a full-scope audit is appropriate for the circumstances.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Duty-Free Entry Threshold (DFARS Case 2015-D036)


Proposes to amend DFARS 225.9, Customs and Duties, and the clause at DFARS 252.225-7013, Duty-Free Entry, by increasing the duty-free entry threshold on nonqualifying country supplies and ineligible foreign supplies from $200 to $300.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Buy American and Balance of Payments Program—Clause Prescription (DFARS Case 2015-D037)


Proposes to amend the DFARS to clarify when it is appropriate to not include DFARS clause 252.225-7001, Buy American and Balance of Payments Program, with regard to exceptions to the Buy American statute and Balance of Payment Program.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

PGI Changes:


Prohibition on Providing Funds to the Enemy (DFARS PGI Case 2015-P013)


Removes instructions on checking the System for Award Management to award a contract to prohibited or restricted persons or entities and an outdated reference to Class Deviation 2014-O0020.

Affected PGI parts/subparts/sections: PGI 225.7703-3.

A Microsoft Word format document showing the DFARS PGI changes made is here.

Technical amendment:


Revises the DFARS as follows:

a.   Updates point of contact information at DFARS section 217.7402(b); and

b.   Amends DFARS section 225.7703-3(d) to remove a pointer to DFARS PGI (PGI Case 2015-P013).

The Federal Register notice for this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151118

On November 18, 2015, DoD made the following changes to the DFARS PGI:

PGI Changes:


Network Penetration Reporting and Contracting for Cloud Services (DFARS PGI Case 2015-P012)


Provides guidance to contracting officers on network penetration reporting and contracting for cloud services.

Affected PGI parts/subparts/sections:  PGI 204.7303, 204.7303-1, 204.7303-2, 204.7303-3, 204.7303-4; 239.7602, 239.7602-1, 239.7602-2; 239.7603, 239.7603-1, 239.7603-2, 239.7603-3, 239.7603-4.

A Microsoft Word format document showing the DFARS PGI changes made is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151030

On October 30, 2015, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Requirements Relating to Supply Chain Risk (DFARS Case 2012-D050)


Adopts as final, with changes, an interim rule amending the DFARS to implement section 806 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2011, as amended by section 806 of the NDAA for FY 2013. This final rule allows DoD to consider the impact of supply chain risk in specified types of procurements related to national security systems.

Affected parts/subparts/sections:  202.101; 208.405, 208.7402; 212.301; TOC 213, 213.106-1; TOC 214, DFARS TOC, 214.201-5; 214.503, 214.503-1; 215.304; TOC 239, 239.001, 239.7301, 239.7302, 239.7304, 239.7305, 239.7306; 244.201-1; and 252.239-7018.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.

Removal of Cuba from the List of State Sponsors of Terrorism (DFARS Case 2015-D032)


Amends the DFARS to remove Cuba from the list of state sponsors of terrorism in DFARS clause 252.225-7049, Prohibition on Acquisition of Commercial Satellite Services from Certain Foreign Entities—Representations, and 252.225-7050, Disclosure of Ownership or Control by the Government of a Country that is a State Sponsor of Terrorism.

Affected parts/subparts/sections:  252.225-7049 and 252.225-7050.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

New Designated Countries—Montenegro and New Zealand (DFARS Case 2015-D033)


Amends the DFARS to add Montenegro and New Zealand as newly designated countries under the World Trade Organization Government Procurement Agreement.

Affected parts/subparts/sections:  252.225-7017, 252.225-7021, and 252.225-7045.

The Federal Register notice for this rule is here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendment

a.   Adds a pointer at DFARS 201.106 to the list at DFARS PGI 201.106 of DFARS information collections approved by OMB;
b.   Adds a pointer at DFARS 206.305 to PGI 206.305 to provide additional guidance concerning justification and approval documents;
c.   Updates cross references at DFARS 208.404(a)(ii), 216.505(1), and 237.170-2(b);
d.   Removes references at DFARS 215.404-76 and 222.101-3-70 to obsolete internal DoD reporting requirements;
e.   Conforms the DFARS subpart 222.13 heading to the FAR heading;
f.   Updates, at DFARS 222.1310, the title of FAR clause 52.222-35.
g.   Corrects a typographical error at DFARS 225.7002-3; and
h.   Updates hyperlinks at 225.301-4 and 252.225-7040.

The Federal Register notice for this rule is here.

PGI Changes:


Reporting Profit and Fee Statistics (DFARS PGI Case 2015-P009)


Removes outdated information concerning reporting of profit and fee statistics within DoD.

Affected PGI parts/subparts/sections:  PGI 215.404-70 is revised and 215.404-76 is removed.

A Microsoft Word format document showing the DFARS PGI changes made is here.

Noncompetitive Contracts Awarded Based on Urgency (DFARS PGI Case 2015-P014)


Provides a link to OUSD(AT&L) DPAP memorandum, “Noncompetitive Contracts Awarded Based on Urgency,” for further guidance concerning the justification and approval documents required for contracts awarded using the unusual and compelling urgency exception in accordance with FAR 6.3.

Affected PGI parts/subparts/sections:  PGI 206.305.

A Microsoft Word format document showing the DFARS PGI changes made is here.

Update to Outdated Policy References at DFARS PGI 201.6 (DFARS PGI Case 2016-P003)


Provides updates to Contracting Officer Representative standards and policies to include a link to the new DoD Instruction 5000.72, DoD Standard for Contracting Officer Representative’s Certification, dated March 26, 2015.

Affected PGI parts/subparts/sections:  PGI 201.602-2(d)(ii) and (iv).

A Microsoft Word format document showing the DFARS PGI changes made is here.

Other PGI changes—

a.   PGI 207.103(B)(20)(C)(9): updates a hyperlink;
b.   PGI 222.13 and 222.14: updates the subpart headings;
c.   PGI 222.1305(c): updates the title of FAR clause 52.222-35;
d.   PGI 225.371-3(e)(iii): updates a hyperlink;
e.   PGI 229.101(a): removes reference to DPAP/DARS webpage.
f.   PGI 242.302(a)(S-72): updates a hyperlink;
g.   PGI 249.105-1: removes a reference in the introductory text to an obsolete DoD reporting requirement; and
h.   PGI 249.7001: removes paragraph (5), which addressed an obsolete DoD reporting requirement.

ADMINISTRATIVE CHANGES to DFARS:

a.   DFARS 204.7107: updates a heading and text to conform to the Code of Federal Regulation (CFR);
b.   DFARS 225.7002-2: revises paragraph (n) to update a cross reference to conform to the CFR;
c.   DFARS 225.7702: adds a heading to conform to the CFR; and
d.   DFARS 241.103(1): updates a cross reference to conform to the CFR.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20151001

On October 1, 2015, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULE:


Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2014-D025) – becomes effective

On June 26, 2015, DoD published a final rule in the Federal Register (80 FR 36903) to amend the DFARS to adjust acquisition-related thresholds, effective October 1, 2015, to further implement 41 U.S.C. 1908, entitled “Inflation adjustment of acquisition-related dollar thresholds.” On August 3, 2015, a Federal Register notice (80 FR 45899) was published to withdraw the amendatory language to escalate DFARS 207.170-3. This notice is to provide the DFARS replacement pages and the DFARS change pages, which are effective October 1, 2015.

Affected parts/subparts/sections:  202.101 (definition only); 203.1004; 205.303; 211.503; 212.7102-1; 215.403-1; 217.170; 217.171; 217.172; 219.502-1; 219.502-2; 225.7204; 225.7703-2; 228.102-1; 234.7001; 236.601; 237.170-2; 250.102-1; 250.102-1-70; 252.203-7004, 252.209-7004, 252.209-7009, 252.225-7003, 252.225-7004; 252.225-7017, 252.225-7018, and 252.249-7002.

A Microsoft Word format document showing the DFARS changes to be made by this rule, effective October 1, 2015, is here.