Publication Notices
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20130516
On May 16, 2013, DoD made the following changes to the DFARS:
Final Rule:
System for Award Management Name Changes, Phase 1 Implementation (DFARS Case 2012-D053)
Amends the DFARS to reflect the joining of the Central Contractor Registration (CCR), Online Representations and Certification Application (ORCA), and Excluded Parties Listing System (EPLS) databases into the System for Award Management (SAM) database.
Affected parts/subparts/sections: Part 204; 209; 217; 252.204-7004; 252.204-7007; 252.232-7006; 252.232-7011; 252.245-7004; and Appendix F; PGI 204.602; 204.606; 204.11; 209.105-1; 209.405(3); and 245.602.70.
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.
Proposed Rules:
Only One Offer—Further Implementation (DFARS Case 2013-D001)
Proposes to amend the DFARS to address only one offer. This proposed rule further implements DoD policy relating to competitive acquisitions in which only one offer is received, providing additional exceptions, and further addressing request for data other than certified cost or pricing data from the Canadian Commercial Corporation.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Detection and Avoidance of Counterfeit Electronic Parts (DFARS Case 2012-D055)
Proposes to amend the DFARS to partially implement section 818 (paragraphs (c) and (f)) of the NDAA for FY 2012. Section 818(c) requires the issuance of DFARS regulations addressing contractor responsibilities for detecting and avoiding the use or inclusion of counterfeit electronic parts or suspect counterfeit electronic parts, the use of trusted suppliers, and requirements for contractors to report counterfeit electronic parts and suspect counterfeit electronic parts. Paragraph (f) of section 818 contains the definitions of “covered contractor” and “electronic part.”
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048)
Proposes to amend the DFARS at 225.7302 to revise and move the text at PGI 225.7302(1) into the DFARS, because of potential impact on contractors. The proposed rule provides direction to the contracting officer in preparing the letter of offer and acceptance for a foreign military sales program that will require an acquisition.
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.
Forward Pricing Rate Proposal Adequacy Checklist (DFARS Case 2012-D035)
Proposes to amend the DFARS to address the forward pricing rate proposal adequacy checklist. This proposed rule provides guidance to contractors for the submittal of forward pricing rate proposals. The rule adds instructions at DFARS 215.403-5 for contracting officers to request contractors to submit the proposed forward pricing rate proposal adequacy checklist.
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:
Authorization to Use Government Supply Sources-DLA (2013-P011)
Provides contact point for additional instruction for ordering from DLA Supply Sources.
Affected PGI parts/subparts/sections: PGI 251.102(b)
A Microsoft Word format document showing the DFARS PGI changes made is here.
Combating Trafficking in Persons (2013-P003)
Provides revisions that enhance combating trafficking in persons in DoD contracts and subcontracts.
Affected PGI parts/subparts/sections: PGI 222.1703; 222.1704; 225.7401; and 237.172
A Microsoft Word format document showing the DFARS PGI changes made is here.
Electronic Distribution of Military Interdepartmental Purchase Requests (2013-P002)
Creates distribution instructions for the Military Interdepartmental Purchase Request.
Affected PGI parts/subparts/sections: PGI 253.208-1
A Microsoft Word format document showing the DFARS PGI changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20130419
On April 19, 2013, DoD made the following changes to the PGI:
Pre-Award Coordination for FAA Certification (DFARS PGI 2013-P009)
Provides procedures for pre-award coordination with the Federal Aviation Administration (FAA).
Affected PGI parts, subparts/sections: PGI 246.408
A Microsoft Word format document showing the DFARS PGI changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20130412
On April 12, 2013, DoD made the following changes to the DFARS:
Final Rules:
Technical Amendments:
This final rule amends the DFARS as follows:
- Revises 215.406-3 to call attention to procedures in the PGI for uploading business clearance documentation in the Contract Business Analysis Repository (CBAR).
- Corrects typographical error at 235.070-2.
- Adds 237.102-79 to call attention to guidance at PGI 237.102-79 on private sector notification requirements in support of in-sourcing actions.
The Federal Register notice for this rule is here.
PGI Changes:
Revises PGI 215.406-3 to direct contracting officers to upload sole source business clearance documentation into the Contract Business Analysis Repository (CBAR).
Affected PGI parts/subparts/sections: PGI 215.406-3
A Microsoft Word format document showing the DFARS PGI changes made is here.
Adds PGI 237.102-79 to provide guidance to contracting officers on private sector notification requirements in support of in-sourcing actions.
Affected PGI parts/subparts/sections: PGI 237.102-79
A Microsoft Word format document showing the DFARS PGI changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20130328
On March 28, 2013, DoD made the following changes to the DFARS:
Final Rules:
Proposal Adequacy Checklist (DFARS Case 2011-D042)
Amends the DFARS to address the proposal adequacy checklist. This rule incorporates a proposal adequacy checklist at DFARS 215.408 for proposals in response to solicitations that require submission of certified cost or pricing data, and supports DoD’s Better Buying Power initiatives. The objective of the rule is to ensure that offerors submit thorough, accurate, and complete proposals.
Affected parts/subparts/sections: Table of Contents; 215.408; and 252.215-7009.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
United States—Korea Free Trade Agreement (DFARS Case 2012-D025)
Adopts the interim rule, without change, to implement the United States-Korea Free Trade Agreement.
Affected parts/subparts/sections: 225.1101; 252.204-7007; 252.212-7001; 252.225-7017; 252.225-7018; 252.225-7021; 252.225-7035; 252.225-7036; 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.
New Free Trade Agreement with Columbia (DFARS Case 2012-D032)
Adopts the interim rule, without change, to implement the United States-Columbia Trade Promotion Agreement.
Affected parts/subparts/sections: 252.225-7017; 252.225-7021; 252.225-7036; 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.
Specialty Metals—Definition of “Produce” (DFARS Case 2012-D041)
Amends the DFARS to amend the definition of “produce” as it applies to specialty metals.
Affected parts/subparts/sections: 252.212-7001; 252.225-7008; 252.225-7009; and 252.244-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20130228
On February 28, 2013, DoD made the following changes to the DFARS:
Final Rules:
Acquisition of Tents and Other Temporary Structures (DFARS Case 2012-D015)
Adopts the interim rule, with changes, to implement sections of the NDAA for FY 2012 that address the acquisition of tents and other temporary structures.
Affected parts/subparts/sections: Table of Contents, part 215; 215; 225.7002-1; 252.212-7001; and 252.225-7012; PGI 207.105.
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.
Alleged Crimes By or Against Contractor Personnel (DFARS Case 2012-D006)
Amends the DFARS to implement section 854 of the NDAA for FY 2009 and expand coverage on contractor requirements and responsibilities relating to alleged crimes by or against contractor personnel. The rule revises paragraph (d) of the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States, to require contractors to provide information to their employees on how and where to report alleged crimes and where to seek assistance or whistleblower protection.
Affected parts/subparts/sections: 252.225-7040.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Electronic Subcontracting Reporting System (DFARS Case 2009-D002)
Adopts the interim rule, with changes, to conform to the FAR regarding policy and procedures related to the Electronic Subcontracting Reporting System (eSRS). DoD published an interim rule in the Federal Register on October 25, 2010, to amend section 219.708, clauses 252.212-7001, 252.219-7003, and 252.219-7004, and sections I-105 and I-112 of Appendix I, to provide DoD-specific procedures and policies related to the eSRS.
Affected parts/subparts/sections: 219.708 and 252.219-7003 (corrects typo).
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:
Unallowable Fringe Benefit Costs (DFARS Case 2012-D038)
Proposes to explicitly state that fringe benefit costs incurred or estimated that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable.
Affected parts/subparts/sections: Table of Contents, part 215; 215; 225.7002-1; 252.212-7001; and 252.225-7012; PGI 207.105.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here here.
Encouragement of Science, Technology, Engineering, and Mathematics (STEM) Programs (DFARS Case 2012-D027)
Proposes to amend the DFARS to implement section 862 of the NDAA for FY 2012, which requires DoD to take steps to encourage contractors to develop science, technology, engineering, and mathematics (STEM) programs.
Affected parts/subparts/sections: Table of Contents, part 215; 215; 225.7002-1; 252.212-7001; and 252.225-7012; PGI 207.105.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here here.
Technical Amendments:
This final rule amends the DFARS as follows:
- Corrects address of the Director, DAR Council at 201.201-1(d)(i);
- Corrects 204.203(b)for consistency with FAR terminology;
- Updates DFARS text at 215.404-71-2(e)(l)(i) by adding the word “data” for consistency with the FAR;
- Removes obsolete language from 225.7006-3(b) and 225.7008(b);
- Revises 242.302(a)(S-72);
- Corrects clause date and link at 252.204-7004;
- Corrects links at 252.211-7007(a), 252.211-7007(d)(6), and 252.211-7007(g)(1); and
- Corrects clause dates at 252.212-7001(b)(2), 252.212-7001(b)(4), and at 252.212-7001(b)(26).
The Federal Register notice for this technical amendment is available here.
PGI changes:
Contracting Activity Updates (DFARS PGI 2013-P008)
Corrects the list of the Department of Army contracting activities.
Affected PGI parts/subparts/sections: PGI 202.101
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Property in Contracts for Performance-based Logistics and Contractor Logistics Services (DFARS PGI 2013-P006)
Clarifies the proper use and accountability of contractor acquired property, specifically logistics services contracts with no end item deliverables.
Affected PGI parts/subparts/sections: PGI 245.402-71
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Administrative Changes to PGI: Provides link at PGI 215.406-1 to frequently asked questions and answers relating to section 808 of NDAA for FY 2012 and DFARS Class Deviation 2012-O0012. Adds PGI 242.302(a)(S-72) and link to suggested criteria to assess contractor’s implementation of SPOT. Makes minor revisions to PGI 242.302(a)(S-75).
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20121231
On December 31, 2012, DoD made the following changes to the DFARS:
Final Rules:
Definition of Cost or Pricing Data (DFARS Case 2011-D040)
Updates the DFARS text to reflect the distinction between “certified cost or pricing data” and “data other than certified cost or pricing data.” The DFARS changes ensure consistency with the Federal Acquisition Regulation (FAR) which had been amended to clarify the distinction between those terms, as well as the requirements for the submission of cost or pricing data.
Affected parts/subparts/sections: 204.805; 215.403-1; 215.403-3; 215.404-1; 215.404-2; 215.404-4; 215.404-71-2; 215.407-5-70; 215.408; 217.7401; 217.7406; 219.806; 225.7303; 225.7304; 239.7406; 241.201; 242.7203; 242.7301; 242.7302; 252.209-7009; 252.215-7000; 252.215-7002; 252.217-7027; and 252.243-7002.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Contracting Activity Updates (DFARS Case 2012-D045)
Updates the list of contracting activities and moves the list to the DFARS Procedures, Guidance, and Instruction (PGI) at 202.101.
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.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
New Qualifying Country—Poland (DFARS Case 2012-D049)
Adds the Republic of Poland as a qualifying country he U.S. Secretary of Defense signed a new reciprocal defense procurement agreement with the Polish Minister of National Defense, 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. The agreement does not cover construction or construction material.
Affected parts/subparts/sections: 225.003; 225.872; 252.212-7001; 252.225-7001; 252.225-7002; 252.225-7012; 252.225-7017; 252.225-7021; and 252.225-7036.
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.
Technical Amendment (DFARS only):
This final rule amends the DFARS as follows:
- Corrects fax number at 201.201-1(d)(i)
- Corrects DODOIG address at 203.1003.
- Corrects typographical error at 204.1104. Redesignates 204.1104 as 204.1105 to correctly align with FAR 4.1105;
- Clarifies terminology at 204.7102 and 204.7106 relating to contract line items.
- Updates DPAP directorate office symbol at 215.403-1(c)(4)(B).
- Corrects cross-reference at 219.202-1.
- Redesignates 245.103(1) as 245.103-70, redesignates 245.103(2) as 245.103-71, adds new 245.103-72 and 103-73 to direct contracting officers to additional DFARS procedures, guidance, and information at PGI 245.103-72 and PGI 245.103-73 respectively.
- Removes 245.201-71 and 245.201.72, and redesignates 245.201-73 as 245.201-71 Security Classification.
- Corrects address of the DoD Office of Inspector General (DODIG) at 252.203-7003;
- Removes DODIG address at 252.203.7004 and adds a hyperlink to obtain Hotline posters; and
- Corrects typographical error at 252.247-7023;
The Federal Register notice for this technical amendment is available here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20121212
On December 12, 2012, DoD made the following changes to the PGI:
Contracting with the Canadian Commercial Corporation--Cost or Pricing Data (DFARS PGI 2012-P015)
Provides guidance and examples at PGI 215.403-3 relating to the requirement for data other than certified cost or pricing data from the Canadian Commercial Corporation.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Line Item Content. (DFARS PGI 2012-P018)
Provides guidance at PGI 204.7103 regarding the content of contract line items.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Contractor Orders from the GSA Central Asia and South Caucasus Supply Catalog (DFARS PGI 2013-P001)
Provides guidance and procedures at PGI 251.102 for contractors authorized to order from the GSA Central Asia and South Caucasus Supply Catalog under DFARS Class Deviation 2013-O0001, Authorization for Contractors to Use Government Supply Sources in Support of Operation Enduring Freedom.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Government-Furnished Property Attachments to Solicitations and Awards (DFARS PGI 2013-P004)
Enables the use of electronic formats when Government-furnished property is anticipated. Affects PGI 245.103.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Add memorandum entitled, Theater Business Clearance/Contract Administration Delegation Update (DFARS PGI 2013-P005)
Adds a hyperlink at PGI 225.7401(a)(ii) to the Director, DPAP memorandum, dated July 27, 2012, reminding contracting officers to use the JCCS Platform’s TBC module to submit TBC requests for proposed contract efforts in designated TBC countries.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Administrative Changes to PGI: Adds a link to the Procurement Data Standard at PGI 204.201(3); conforms numbering at PGI 209.406-3 to the FAR; removes outdated DFARS reference at 236.201 and adds correct reference to CPARS; corrects title at PGI 237.102-74; and updates example at PGI 243.204-71.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20121116
On November 16, 2012, DoD made the following changes to the DFARS:
Interim Rule:
New Free Trade Agreement—Panama (DFARS Case 2012-D044)
Implements the United States—Panama Trade Promotion Agreement, Implementation Act (Pub. L. 112-43)(19 U.S.C. 3805 note) enacted into U.S. law on October 31, 2011, and entered into force on October 22, 2012. This interim rule adds Panama to the definition of “Free Trade Agreement country” in multiple locations in the DFARS. The Panama FTA covers acquisitions of supplies and services equal to or exceeding $202,000.
Affected parts/subparts/sections: 252.212-7001; 252.225-7017; 252.225-7018; 252.225-7021; 252.225-7035, Alternates I, II, IV and V; 252.225-7036 and Alternates II, IV and V; 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.