Publication Notices

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DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20161222

On December 22, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Contract Financing (DFARS Case 2015-D026)


Amends the DFARS by providing that contracting officers are not required to further justify a decision to provide customary contract financing for certain fixed-price contracts, for other than loan guarantees and advance payments identified in FAR part 32. The rule states that DoD has determined that the use of such customary contract financing provides improved cash flow as an incentive for commercial companies to do business with DoD, is in DoD's best interest, and requires no further justification of its use.

Affected parts/subparts/sections:  232.104.

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 Qualifying Country-Estonia (DFARS Case 2017-D001)


Amends the DFARS to add Estonia as a qualifying country. The Secretary of Defense signed a reciprocal defense procurement agreement with Estonia, which removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. These agreements do not cover construction or construction material.

Affected parts/subparts/sections:  225.003, 225.872-1; 252.225-7001, 252.225-7002, 252.225-7012, 252.225-7017, 252.225-7021, and 252.225-7036. PGI: 204.606.

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 is here.

PROPOSED RULE:


Competition for Religious-Related Services Contracts (DFARS Case 2016-D015)


Proposes to revise the DFARS to implement section 898 of the NDAA for FY 2016. Section 898 requires that DoD not preclude a nonprofit organization from competing for a contract for religious-related services on a United States military installation. The rule directs contracting officers not to use the sole source authorities at FAR 6.302-5(b)(4) through (7). The rule also creates a new solicitation provision for use in solicitations that are set aside for small business to notify prospective offerors that nonprofit organizations will not be precluded from competing for the contract.

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:


Procedures for Debt Deferment (DFARS PGI Case 2013-P007)


Removes from DFARS PGI the requirement for contracting offices to forward deferment requests to the Director of Defense Procurement and Acquisition Policy for a decision on granting the deferment.

Affected PGI parts/subparts/sections:  PGI 232.604.

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

Appointment of Small Business Specialists (DFARS PGI Case 2016-P020)


Updates the DFARS PGI to clarify that small business specialists are appointed and perform functions in accordance with DoD Instruction 4205.01, DoD Small Business Programs (SBP).

Affected PGI parts/subparts/sections:  PGI 219.201.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20161104

On November 4, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


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


Amends 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).

Affected parts/subparts/sections:  231.205-18 and 242.771-3.

The Federal Register notice for this rule is here.

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

Contiguous United States (DFARS Case 2016-D005)


Amends the DFARS to remove the acronym for contiguous United States. While the term “contiguous United States (CONUS)” is defined in FAR 2.101, the acronym is sometimes misinterpreted as “continental United States.”

Affected parts/subparts/sections:  242.730 and 247.301-71. PGI: 207.105; 247.271-2; 247.301; and Appendix F.

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 is here.

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


Adopts as final, with changes, an interim rule amending the DFARS to implement section 892 of the National Defense Authorization Action (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114-92). 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:  212.7103 and 252.212-7002.

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:


Offset Costs (DFARS Case 2015-D028)


Proposes to amend the DFARS to implement section 812 of the National Defense Authorization Act of Fiscal Year 2016, which amended 10 U.S.C. 2306a(b)(1) to clarify that the submission of certified cost or pricing data shall not be required in the case of a contract, subcontract, or modification of a subcontract or contract to the extent such data relates to a foreign military sale (FMS) indirect offset agreement.

The Federal Register notice for this rule is here.

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

Independent Research and Development Expenses (DFARS Case 2016-D017)


Proposes to amend the DFARS to require contracting officers to adjust the total evaluated price of major defense acquisition programs and major automated information systems proposals, for evaluation purposes only, to include the amount by which the offerors propose that future IR&D investments reduce the price of the proposals.

The Federal Register notice for this rule is here.

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

DFARS PGI Administrative changes:


Republishes the DFARS PGI subpart 201.1 to correct spacing and conform the Microsoft Word and Adobe PDF versions with the HTML version.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20161021

On October 21, 2016, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


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


Adopts as final with changes, two interim rules amending the DFARS to implement section 941 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 and section 1632 of the NDAA for FY 2015, both of which require contractor reporting on network penetrations. Additionally, the rule implements DoD policy on the purchase of cloud computing services.

Affected parts/subparts/sections:  202.101; 204.7300, 204.7301, 204.7302, 204.7304; 239.7601, 239.7602-1, 239.7602-2; 252.204-7000, 252.204-7008, 252.204-7009, 252.204-7012, and 252.239-7010.

The Federal Register notice for this rule is here.

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

Display of Hotline Posters (DFARS Case 2016-D018)


Amends the DFARS to consolidate the multiple hotline posters into one poster that delineates multiple reportable offenses.

Affected parts/subparts/sections:  203.1003 and 252.203-7004.

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:


Undefinitized Contract Action Definition (DFARS Case 2015-D024)


Proposes to amend the DFARS to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit.

The Federal Register notice for this rule is here.

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

Use of the Government Property Clause (DFARS Case 2015-D035)


Proposes to amend the DFARS to expand the prescription for use of the Federal Acquisition Regulation clause 52.245-1, Government Property, for use in all DoD purchase orders involving repair, maintenance, overhaul, or modification of Government property, regardless of the unit acquisition cost of the Government property to be repaired.

The Federal Register notice for this rule is here.

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

PGI Changes:


Contract Deficiency Reports (DFARS PGI Case 2016-P010)


Establishes DFARS PGI procedures for creating and processing contract deficiency reports, which are used to correct problems with contracts distributed in Electronic Document Access.

Affected PGI parts/subparts/sections:  PGI 204.270-2.

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

Preaward Validation of Purchase Requests (DFARS PGI Case 2016-P016)


Expands DFARS PGI procedures to require contracting officers to perform a preaward validation of purchase requests in order to facilitate line item traceability between commitments and obligations.

Affected PGI parts/subparts/sections:  PGI 211.7001.

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

Technical Amendment:


1.   Updates DFARS 204.270-2 to provide a pointer to PGI regarding contract deficiency reports.

2.   Updates DFARS 246.870-2(a)(2) to correct a reference.

3.   Updates DFARS 252.246-7008(b)(3)(i) to correct a reference.

The Federal Register notice for this rule is here.

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

DFARS Administrative Change:


Corrects the prescription reference for DFARS clause 252.237-7023 by changing “237.7603(b)” to “237.7603(a)”.

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

October 13, 2017