Publication Notices

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DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20160630

On June 30, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


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


Amends the DFARS to consolidate requirements for contractors performing private security functions outside the United States applicable to DoD contracts in the DFARS and make changes regarding applicability and high-level quality assurance standards.

Affected parts/subparts/sections:  216.405-2-71, 225.302-6, and 252.225-7039.

The Federal Register notice for this rule is here.

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

Deletion of Supplemental Coverage for the Definition of “Simplified Acquisition Threshold” (DFARS Case 2016-D007)


Amends the DFARS to delete the supplemental coverage for the definition “simplified acquisition threshold.” Federal Acquisition Regulation (FAR) final rule 2015-020 added to the FAR the simplified acquisition threshold for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a humanitarian or peacekeeping operation.

Affected parts/subparts/sections:  202.101.

The Federal Register notice for this rule is here.

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

Treatment of Interagency and State and Local Purchases (DFARS Case 2016-D009)


Amends the DFARS to implement section 897 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 that is entitled “Treatment of Interagency and State and Local Purchases.” Section 897 provides that contracts executed by DoD as a result of the transfer of contracts from the General Services Administration (GSA) or for which DoD serves as an item manager for products on behalf of GSA shall not be subject to certain domestic source restrictions, to the extent that such contracts are for the purchase of products by other Federal agencies or State or local governments.

Affected parts/subparts/sections:  225.7002-2.

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 Country-Ukraine (DFARS Case 2016-D026)


Amends the DFARS to add Ukraine as a new designated country 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.

INTERIM RULE:


Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2016-D014)


Amends the DFARS to implement section 892 of the NDAA for FY 2016 that changes the criteria for the pilot program. Section 892 removes the requirements under the program for the use of competitive procedures and for awards to be made to nontraditional defense contractors, and it increases the threshold for use of the pilot program to contracts up to $100 million.

Affected parts/subparts/sections:  212.7100, 212-7101, 212.7102-1, 212.7103; and 252.212-7002.  PGI: 212.7102 and 212.7102-3.

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:


Contract Financing (DFARS Case 2015-D026)


Proposes to amend the DFARS regarding the use of customary contract financing, other than loan guarantees and advance payments identified in FAR part 32, on fixed-price contracts with a period of performance in excess of one year that meet the dollar thresholds established in FAR 32.104(d).

The Federal Register notice for this rule is here.

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

Administrative Cost to Issue and Administer a Contract (DFARS Case 2016-D020)


Proposes to amend the DFARS to revise the estimated administrative cost to award and administer a contract from $500 to $1,000, for the purpose of evaluating bids for multiple awards.

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 FAR SUPPLEMENT (DFARS) Publication Notice 20160616

On June 16, 2016, DoD proposed the following changes to the DFARS:

Small entity compliance guide:


PROPOSED RULE:


Rights in Technical Data and Validation of Proprietary Data Restrictions (DFARS Case 2012-D022)


Proposes to revise the DFARS to implement section 815 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012 to—

  • Add special provisions for handling technical data that are necessary for segregation and reintegration activities;
  • Codify and revise the policies and procedures regarding deferred ordering of technical data;
  • Expand the period in which DoD can challenge an asserted restriction on technical data from three years to six years;
  • Rescind changes to 10 U.S.C. 2320 from the NDAA for FY 2011; and
  • Codify Government purpose rights as the default rights for technical data related to technology developed with mixed funding.

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 FAR SUPPLEMENT (DFARS) Publication Notice 20160607

On June 7, 2016, DoD proposed the following changes to the DFARS:

Small entity compliance guide:


PROPOSED RULE:


Food Services for Dining Facilities on Military Installations (DFARS Case 2015-D012)


Proposes to amend the DFARS to provide policy and procedures for soliciting and awarding contracts for the operation of a military dining facility pursuant to—

  • The Randolph-Sheppard Act RSA;
  • Section 856 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2007;
  • Joint Report and Policy Statement issued pursuant to the NDAA for FY 2006; and
  • The Committee for Purchase from People Who Are Blind or Severely Disabled statute.

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:


Guidebook Name and Link Change (DFARS PGI Case 2016-P011)


Provides reference and link to the Defense Acquisition Guidebook, Chapter 14, regarding the acquisition of services, and corrects the title of the Acquisition Requirements Roadmap Tool.

Affected PGI parts/subparts/sections:  PGI 237.102-75 and 237.102-77.

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

OMB Circular A-76 Public-Private Competition Prohibitions (DFARS PGI Case 2016-P012)


Provides information regarding the ongoing Governmentwide moratorium and restrictions on public-private competitions under Office of Management and Budget (OMB) Circular A-76.

Affected PGI parts/subparts/sections:  PGI 207.302.

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

Technical Amendment:


Revises the DFARS as follows:

a.   Directs contracting officers to DFARS Procedures, Guidance, and Information (PGI) for information on the Governmentwide moratorium on public-private competitions by adding a cross reference at DFARS 207.302 and 237.102(b);

b.   Corrects a typographical error at DFARS 209.505-4(b)(ii);

c.   Updates hyperlinks to information on passive radio frequency identification at DFARS 211.275-2(a)(2) and paragraphs (b)(1)(ii) and (d)(2) of DFARS clause 252.211-7006;

d.   Corrects the threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect $700,000 instead of $750,000;

e.   Updates DFARS 237.102-75 to reference the “Defense Acquisition Guidebook, Chapter 14, Acquisition of Services;”

f.   Updates DFARS 237.102-77 to reference the “Acquisition Requirements Roadmap Tool;”

g.   Corrects a cross reference at DFARS 242.7202(a) by changing paragraph (e) to paragraph (d) of the clause at 252.242.7004; and

h.   Corrects a cross reference at DFARS 245.102(4)(i) by changing PGI 245.201-71 to PGI 245.103-72.

The Federal Register notice for this rule is here.

Administrative Changes to DFARS:


Corrects the threshold at DFARS 215.408(3)(i)(A)(1)(i) to reflect $700,000 instead of $750,000 to conform to the Code of Federal Regulations.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20160510

On May 10, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Disclosure to Litigation Support Contractors (DFARS Case 2012-D029)


Amends the DFARS to implement section 802 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012 that provides DoD the express authority to allow its litigation support contractors access to “sensitive information,” provided that the litigation support contractor is subject to certain restrictions on using and disclosing such information.

Affected parts/subparts/sections:  204.7401, 204.7402; 209.505-4; 212.301; TOC part 252, 252.204-7013, 252.204-7014, and 252.204-7015.

The Federal Register notice for this rule is here.

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

Multiyear Contract Requirements (DFARS Case 2015-D009)


Amends the DFARS to implement section 816 of the National Defense Authorization Act (NDAA) for FY 2015 (Pub. L. 113-291) and section 8010 of the Department of Defense Appropriations Act for FY 2015 (Division C, Title VII of Pub. L. 113-235), which address various requirements for multiyear contracts.

Affected parts/subparts/sections:  217.170 and 217.172.

The Federal Register notice for this rule is here.

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

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


Amends the DFARS to clarify the contract term for energy savings contracts awarded under 10 U.S.C. 2913.

Affected parts/subparts/sections:  241.103.

The Federal Register notice for this rule is here.

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

DoD Long-Haul Telecommunications (DFARS Case 2015-D023)


Amends the DFARS to add a definition of long-haul telecommunications and identify Defense Information Systems Agency as the procurer of long-haul telecommunications services for DoD.

Affected parts/subparts/sections:  239.7401, 239.7402; and PGI 239.7402.

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.

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


Amends the DFARS to update the threshold for duty-free entry on foreign supplies that are not from qualifying country suppliers or eligible products under a trade agreement.

Affected parts/subparts/sections:  225.901 and 252.225-7013.

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:


Rights in Technical Data (DFARS Case 2016-D008)


Proposes to amend the DFARS to implement section 813(a) of the NDAA for FY 2016, which modifies 10 U.S.C. 2321(f) to address rights in technical data relating to major weapon systems. The rule reduces the requirement to respond to Government challenges of restricted rights, by expanding the applicability of the presumption regarding development exclusively at private expense with regard to a major weapon system, or a subsystem or component thereof.

The Federal Register notice for this rule is here.

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

Display of Hotline Posters (DFARS Case 2016-D018)


Proposes to amend the DFARS to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses. The DFARS clause 252.203-7004, Display of Hotline Posters, requires the display of a DoD fraud hotline poster, a separate Combating Trafficking in Persons poster, and a Whistleblower Protection poster. DoD has consolidated the posters into one poster to reduce the number of required posters.

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:


Acquisition in Support of Operations in Afghanistan (DFARS PGI Case 2016-P008)


Updates guidance and procedures for acquisitions in support of Operations in Afghanistan.

Affected PGI parts/subparts/sections:  PGI 225.7703-2.

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

Additional PGI Administrative Changes:


1.   Updates a reference at PGI 215.300 and an internet link.

2.   Updates the table at PGI 215.403-3(5)(iv) by removing “$700,000” and adding “$750,000” in two places to reflect inflation adjustments pursuant to DFARS Case 2014-D025, which became effective October 1, 2015.

3.   Adds section 216.104 to provide the Director, Defense Procurement and Acquisition Policy memorandum dated April 1, 2016, entitled “Guidance on Using Incentive and Other Contract Types.”

4.   Updates an internet link at PGI 225.7901-2(1)(ii).

Technical Amendment:


1.   Corrects cross references at DFARS 212.301(f)(xvi), paragraphs (A) and (B).

2.   Adds a cross reference at DFARS 215.300 and updates the date of the Director, Defense Procurement and Acquisition Policy memorandum entitled “Department of Defense Source Selection Procedures”.

3.   Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect $750,000 in lieu of $700,000.

4.   Adds DFARS section 216.104 to provide guidance concerning selection and negotiation of the most appropriate contract type and also directs contracting officers to additional PGI coverage.

5.   Adds a link at DFARS 225.7003-2(b) to provide more information on specialty metals restrictions and reporting of noncompliances.

The Federal Register notice for this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20160325

On March 25, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Warranty Tracking of Serialized Items (DFARS Case 2014-D026)


Amends the DFARS to require use of the electronic contract attachments accessible via the Product Data Reporting and Evaluation Program to record and track warranty data and source of repair information for serialized items.

Affected parts/subparts/sections:  TOC part 246; 246.701, 246.710, 246.710-70; 252.211-7003, 252.246-7005, and 252.246-7006. PGI: 246.7, 246.701, and 246.710-70.

The Federal Register notice for this rule is here.

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

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

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


Amends the DFARS to implement section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 to extend and modify contract authority for advanced component development and prototype units.

Affected parts/subparts/sections:  217.202 and 234.005-1.

The Federal Register notice for this rule is here.

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

Clauses with Alternates—Small Business Programs (DFARS Case 2015-D017)


Amends the DFARS to clarify clauses and their prescriptions for small business programs and to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems.

Affected parts/subparts/sections:  212.301; 219.708, 219.811-3; TOC 252, 252.219-7003, and 252.219-7010.

The Federal Register notice for this rule is here.

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

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


Amends the DFARS to clarify how the clause prescription addresses applicability when an exception to the Buy American statute or Balance of Payments Program applies.

Affected parts/subparts/sections:  225.1100 and 225.1101.

The Federal Register notice for this rule is here.

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

Prohibition on Requiring the Use of Fire-resistant Rayon Fiber (DFARS Case 2016-D012)


Amends the DFARS to delete obsolete text requiring the use of fire-resistant rayon fiber since the effective period imposed by the statute has passed.

Affected parts/subparts/sections:  TOC 211; remove 211.170; TOC 225; remove 225.7016.

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:


Prohibition on Use of any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects (DFARS Case 2015-D040)


Proposes to amend the DFARS to implement section 2801 of the NDAA FY 2012. Section 2801 entitled “Prohibition on Use of any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects” amends section 2306 of title 10, United States Code (U.S.C.), by prohibiting any form of cost-plus contracting for military construction projects or military family housing projects.

The Federal Register notice for this rule is here.

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

Instructions for the Wide Area WorkFlow Reparable Receiving Report (DFARS Case 2016-D004)


Proposes to amend the DFARS to add instructions for the use, preparation, and distribution of the Wide Area WorkFlow (WAWF) Reparable Receiving Report (RRR). The WAWF RRR has been created to differentiate between deliveries of new Government assets (new procurements) and the return of Government property that has been repaired or overhauled.

The Federal Register notice for this rule is here.

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

Treatment of Interagency and State and Local Purchases (DFARS Case 2016-D009)


Proposes to amend the DFARS to implement section 897 of the NDAA for FY 2016 to provide that contracts executed by DoD as a result of the transfer of contracts from the General Services Administration or for which DoD serves as an item manager for products on behalf of the General Services Administration shall not be subject to certain domestic source restrictions, to the extent that such contracts are for the purchase of products by other Federal agencies or State or local governments.

The Federal Register notice for this rule is here.

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

Costs Related to Counterfeit Electronic Parts (DFARS Case 2016-D010)


Proposes to amend the DFARS to implement section 885(a) of the NDAA for FY 2016 that amends the allowability of costs of counterfeit electronic parts or suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts.

The Federal Register notice for this rule is here.

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

Administrative Changes to DFARS PGI:


1.   Revises DFARS PGI 228.370 to update addresses and phone numbers for Government Flight Representatives.

2.   Updates an internet link at DFARS PGI 211.201(3).

3.   Provides the full text of internet links at DFARS PGI 217.7404-1(2), 217.7404-6, and 217.7405(ii).

4.   Updates the Consolidated Undefinitized Contract Action Management Report format and frequently asked questions document at DFARS PGI 217.7405(2)(ii).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20160226

On February 26, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULE:


Uniform Procurement Identification (DFARS Case 2015-D011)


Amends the DFARS to conform with the uniform procurement identification procedures implemented in the Federal Acquisition Regulation (FAR). DFARS coverage of uniform procurement instrument identification is being synchronized with the FAR coverage so that the identification numbers of DoD-issued contracts, orders, and other procurement instruments will comply with FAR subpart 4.16 as amended by final FAR rule 2012-023.

Affected parts/subparts/sections:  TOC part 204; DFARS TOC; 204.16, 204.1601, 204.1603, 204.1670, 204.1671; 232.905; 243.172; and Appendix F, Part F-301. PGI: 204.201; 204.16, 204.1601, 204.1603, 204.1670; 204.7107; 253.213-70, 253.215-70, and 253.219-70.
Remove: DFARS subpart 204.70, including 204.7000 through 204.7007.
Remove: PGI 204.7001, 204.7005, and 204.7006.

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.

Administrative Changes to DFARS and DFARS PGI:


1.   Revises the DFARS 204 Table of Contents to update the 204.11 heading to read “System for Award Management” to conform to the eCFR.

2.   Updates DFARS PGI 204.1870-2(c)(1)(i)(B) to reflect an updated link for CAGE codes: https://cage.dla.mil.

3.   Corrects a typographical error in the DFARS PGI 244.2 heading.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20160216

On February 16, 2016, DoD proposed the following changes to the DFARS:

Small entity compliance guide:


PROPOSED RULES:


Enhancing the Effectiveness of Independent Research and Development (DFARS Case 2016-D002)


Proposes to amend the DFARS to improve the effectiveness of independent research and development (IR&D) investments by the defense industrial base that are reimbursed as allowable costs by requiring that proposed new IR&D efforts be communicated to appropriate DoD personnel prior to the initiation of these investments. The rule supports the Better Buying Power 3.0 IR&D initiative (Task # 3.3.7.2).

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 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.