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DPAP Homepage | DARS | DFARS | Changes
DFARS Changes

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070913
(DFARS Replacement Subparts Document in PDF)

On September 13, 2007, DoD published the following change to the DFARS:

Interim Rule:

Reports of Government Property (DFARS Case 2005-D015)

This interim rule revises requirements for reporting of Government property in the possession of DoD contractors. The rule replaces DD Form 1662 reporting requirements with requirements for DoD contractors to electronically submit, to the Item Unique Identification (IUID) Registry, the IUID data applicable to the Government property in the contractor’s possession. This will result in more efficient and accurate reporting of Government property.

Affected subparts/sections: Part 211 Table of Contents; 211.2; Part 245 Table of Contents; 245.5; Part 252 Table of Contents; 252.211; 252.245

The Federal Register notice for this rule is available here.

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070906
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On September 6, 2007, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Security-Guard Functions (DFARS Case 2006-D050)

Extends, through fiscal year 2009, the period during which contractor performance of security-guard functions at military installations or facilities is authorized for the additional requirements resulting from the terrorist attacks on the United States on September 11, 2001. The extension is conditional in that the total number of personnel employed under this authority may not exceed specified thresholds. This rule implements Section 333 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: 237.1; PGI 237.1

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Technical Data Rights (DFARS Case 2006-D055)

Requires that acquisition plans for major weapon systems and subsystems of major weapon systems provide for the technical data deliverables and associated license rights needed to sustain the systems and subsystems over their life cycle. This rule implements Section 802(a) of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: 207.1; 227.71; 227.72; PGI 207.1

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Final Rules:

Limitation on Contracts for the Acquisition of Certain Services (DFARS Case 2006-D054)

Prohibits the use of a service contract to acquire a military flight simulator unless certain waiver criteria apply. This rule implements Section 832 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: Part 237 Table of Contents; 237.1; PGI 237.1

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Taxpayer Identification Numbers (DFARS Case 2006-D037)

Updates a contract clause addressing DoD-unique requirements relating to the Central Contractor Registration database. The DFARS changes are consistent with changes made to the corresponding FAR clause to add requirements for validation of Taxpayer Identification Numbers as part of the registration process.

Affected subparts/sections: 252.204

The Federal Register notice for this rule is available here.

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

Labor Reimbursement on DoD Non-Commercial Time-and-Materials and Labor-Hour Contracts (DFARS Case 2006-D030)

Finalizes, without change, the interim rule published on December 12, 2006 (DFARS Change Notice 20061212) to supplement FAR policy addressing reimbursement of labor costs on competitively awarded non-commercial time-and-materials and labor-hour contracts. The FAR policy prescribes three options for establishing fixed hourly rates on competitively awarded non-commercial time-and-materials and labor-hour contracts. The DFARS rule requires use of the option that provides for separate rates for each category of labor performed by the contractor, its affiliates, and each subcontractor.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Acquisition of Major Weapon Systems as Commercial Items (DFARS Case 2006-D012)

Finalizes, without change, the interim rule published on October 4, 2006 (DFARS Change Notice 20061004) to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006. Section 803 permits the treatment or purchase of a major weapon system as a commercial item only if (1) the Secretary of Defense determines that the major weapon system meets the definition of a commercial item, and that such treatment is necessary to meet national security objectives; and (2) the congressional defense committees are notified at least 30 days before such treatment or purchase occurs.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Emergency Acquisitions (DFARS Case 2006-D036)

Finalizes, without change, the interim rule published on January 22, 2007 (DFARS Change Notice 20070122) to provide a single reference to DoD acquisition flexibilities that may be used to facilitate and expedite acquisitions during emergency situations. The FAR provides a reference to the acquisition flexibilities that are available Governmentwide. The DFARS rule identifies those flexibilities that are DoD-unique.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Congressional Notification of Architect-Engineer Services/Military Family Housing Contracts (DFARS Case 2006-D015)

Finalizes, without change, the interim rule published on October 4, 2006 (DFARS Change Notice 20061004) to implement Section 1031(a)(37) of the National Defense Authorization Act for Fiscal Year 2004. Section 1031(a)(37) amended requirements for submission of a notification to Congress before award of a contract for architect-engineer services or construction design in connection with military construction, military family housing, or restoration or replacement of damaged or destroyed facilities.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Technical Amendments

Updates the listings of Air Force and Navy contracting activities; and removes an obsolete date within a contract clause addressing the partnership agreement between DoD and the Small Business Administration. Also removes a reference to obsolete DoD Class Deviation 99-O0012, Special Tooling, in the on-line DFARS.

The Federal Register notice for the DFARS technical amendments is here.

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

Affected subparts/sections: 202.1; Part 245 Table of Contents; 245.3; 252.219

Proposed Rule:

Evaluation Factor for Use of Members of the Selected Reserve (DFARS Case 2006-D014)

Proposes the use of a source selection evaluation factor for entities that intend to use members of the Selected Reserve in contract performance, as permitted by Section 819 of the National Defense Authorization Act for Fiscal Year 2006. The proposed changes include a solicitation provision addressing documentation requirements for entities stating an intent to use such personnel, and a contract clause addressing a contractor’s obligation to use such personnel as stated.

The Federal Register notice for this proposed 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 text proposed for addition to PGI is here.

Order Code Assignments:

Updates have been made to the lists of Navy and Marine Corps order code assignments at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070828
(DFARS Replacement Subparts Document in PDF)

On August 28, 2007, DoD published the following change to the DFARS:

Interim Rule:

Carriage Vessel Overhaul, Repair, and Maintenance (DFARS Case 2007-D001)

This interim rule contains requirements applicable to solicitations for carriage of cargo by vessel. Such solicitations must include an evaluation factor that considers the extent to which offerors have had vessel overhaul, repair, and maintenance work performed in shipyards located in the United States or Guam. The rule includes a solicitation provision requiring offerors to provide information regarding the work performed on vessels during the previous 5 years. DoD must submit an annual report to Congress addressing the information received from offerors in response to the solicitation provision.

Affected subparts/sections: 212.3; 212.6; 215.3; Part 247 Table of Contents; 247.5; Part 252 Table of Contents; 252.247

The Federal Register notice for this rule is available here.

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070814

On August 14, 2007, DoD published the following proposed change to the DFARS:

Proposed Rule:

Mandatory Use of Wide Area WorkFlow (DFARS Case 2006-D049)

This proposed rule requires use of the Wide Area WorkFlow–Receipt and Acceptance (WAWF-RA) electronic system for submitting and processing payment requests under DoD contracts. DoD-wide use of WAWF-RA will improve data accuracy and will permit more timely payments to contractors.

The Federal Register notice for this proposed rule is here.

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070802
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On August 2, 2007, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Limitations on Tiered Evaluation of Offers (DFARS Case 2006-D009)

Finalizes, with changes, the interim rule published on September 8, 2006 (DFARS Change Notice 20060908) to implement Section 816 of the National Defense Authorization Act for Fiscal Year 2006. Section 816 requires DoD to prescribe guidance on the use of tiered evaluation of offers. The changes in the final rule eliminate unnecessary duplication of DFARS text and clarify that the use of tiered evaluation of offers is prohibited unless certain procedures are followed.

Affected subparts/sections: 213.1; Part 215 Table of Contents; 215.2

The Federal Register notice for this rule is available here.

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

Berry Amendment Notification Requirement (DFARS Case 2006-D006)

Finalizes, without change, the interim rule published on October 4, 2006 (DFARS Change Notice 20061004) to implement Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006. Section 833(a) requires FedBizOpps synopsis of contract awards exceeding the simplified acquisition threshold, for the acquisition of (1) certain clothing, fiber, yarn, or fabric items, when the Secretary concerned determines that adequate domestic items are not available; or (2) chemical warfare protective clothing, when the contracting officer determines that an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Berry Amendment Restrictions – Clothing Materials and Components Covered (DFARS Case 2006-D031)

Finalizes, without change, the interim rule published on January 22, 2007 (DFARS Change Notice 20070122) to implement Section 833(b) of the National Defense Authorization Act for Fiscal Year 2006. Section 833(b) expands the foreign source restrictions applicable to the acquisition of clothing to also include clothing materials and components, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

DFARS Technical Amendments:

Updates the listings of Army and Defense Logistics Agency contracting activities; updates the Internet address for DoD order code assignments; and updates the office symbol for the Air Force order code monitor. In the on-line DFARS only: adds a reference to PGI guidance on DoD Class Deviation 2006-O0004, Restriction on Procurement of Specialty Metals; removes references to DoD Class Deviation 98-O0008, Low Dollar Value Property, which has been cancelled; and adds a cross-reference, from the former location of the DoD Spare Parts Breakout Program (Appendix E), to the new location at PGI 217.7506.

The Federal Register notice for the DFARS technical amendments is here.

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

Affected subparts/sections: 202.1; 204.70; 225.70; Part 245 Table of Contents; 245.1; 245.3; 245.5; Appendix E

Proposed Rules:

Payments on Cost-Reimbursement Contracts for Services (DFARS Case 2006-D066)

Revises policy on interim payments under cost-reimbursement contracts for services, to provide for payment within 30 days, instead of the current DoD policy of making payments within 14 days. The change will permit better cash management of payments, but will not apply to small business concerns. DoD will continue to make interim payments to small business concerns within 14 days after receipt of a proper payment request.

The Federal Register notice for this proposed rule is here.

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

Item Identification and Valuation Clause Update (DFARS Case 2007-D007)

Updates and clarifies existing requirements for unique identification and valuation of items delivered under DoD contracts. The proposed changes include: updating of references to standards and other documents; clarification of the definition of unique item identifier; specifically addressing the DoD recognized unique identification equivalent, where applicable; clarification of data submission requirements for end items and embedded items; and clarification of subcontract requirements.

The Federal Register notice for this proposed rule is here.

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

PGI Changes:

Restriction on Acquisition of Specialty Metals (PGI Case 0000-P073)

Adds guidance on the use of DoD Class Deviation 2006-O0004, Restriction on Procurement of Specialty Metals.

Affected subparts/sections: PGI 225.70

A Microsoft Word format document showing the text added to PGI is here.

PGI Technical Amendments

Updates guidance on reporting of acquisition of end products manufactured outside the United States, for consistency with the sequence of the options on the Federal Procurement Data System screen; adds a reference to the Defense Procurement and Acquisition Policy and Acquisition Policy website listing of current domestic nonavailability determinations; and adds a reference to a website providing directives and regulations applicable to contracting in Korea.

Affected subparts/sections: PGI 225.0; PGI 225.70; PGI 225.74

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070702

On July 2, 2007, DoD published the following proposed change to the DFARS:

Proposed Rule:

Waiver of Specialty Metals Restriction for Acquisition of Commercially Available Off-the-Shelf Items (DFARS Case 2007-D013)
This proposed rule would waive statutory restrictions on the acquisition of specialty metals not melted or produced in the United States, for acquisitions of commercially available off-the-shelf items containing specialty metals. Such a waiver would facilitate DoD access to the commercial marketplace.

The Federal Register notice for this proposed rule is here.

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

Order Code Assignments:

An update has been made to the Air Force order code assignments at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070531
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On May 31, 2007, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI Changes:

Improved Pricing Techniques (PGI Case 0000-P069)
Adds procedures and guidance to clarify existing FAR and DFARS requirements relating to contract pricing.

Affected subparts/sections: PGI 215.4

A Microsoft Word format document showing the changes to the PGI text is here.

Revisions to Payment Instructions (PGI Case 0000-P072)
Updates contract payment instructions to clarify that (1) the instructions also apply to separately priced orders, (2) modifications cannot make retroactive changes to payment instructions, and (3) a combination of contract-wide and line-item specific instructions may not be used.

Affected subparts/sections: PGI 204.71

A Microsoft Word format document showing the changes to the PGI text is here.

PGI Technical Amendments
Updates organization names and office symbols to reflect organizational changes within the Office of the Director of Defense Procurement and Acquisition Policy and Acquisition Policy. Also makes editorial corrections and updates references to websites.

Affected subparts/sections: PGI 204.71; PGI 225.8; PGI 225.70; PGI 225.72; PGI 225.74; PGI 225.76; PGI 229.1

A Microsoft Word format document showing the changes to the PGI text is here.

DFARS Technical Amendments:

Adds references to PGI text, and updates organization names and office symbols to reflect organizational changes within the Office of the Director of Defense Procurement and Acquisition Policy and Acquisition Policy.

Affected subparts/sections: 209.1; Part 215 Table of Contents; 215.4; 225.8; 249.70; 252.225

The Federal Register notice for the DFARS technical amendments is here.

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070522

On May 22, 2007, DoD published the following proposed change to the DFARS:

Proposed Rule:

Lease of Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013)
This proposed rule addresses statutory provisions relating to leasing. The proposed rule permits the award of a contract for the lease of a vessel, aircraft, or combat vehicle only if the contract will be long-term or will provide for a substantial termination liability.

The Federal Register notice for this proposed rule is here.

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070426
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On April 26, 2007, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Excessive Pass-Through Charges (DFARS Case 2006-D057)
Implements Section 852 of the National Defense Authorization Act for Fiscal Year 2007 (Public Law 109-364). Section 852 requires DoD to prescribe regulations to ensure that pass-through charges on contracts or subcontracts that are entered into for or on behalf of DoD are not excessive in relation to the cost of work performed by the relevant contractor or subcontractor. The DFARS rule adds a solicitation provision and a contract clause requiring offerors and contractors to identify the percentage of work that will be subcontracted and, when subcontract costs will exceed 70 percent of the total cost of work to be performed, to provide information on indirect costs and profit and value added with regard to the subcontract work.

Affected subparts/sections: 215.4; Part 231 Table of Contents; 231.2; Part 252 Table of Contents; 252.215

The Federal Register notice for this rule is available here.

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

Final Rules:

Acquisition Integrity (DFARS Case 2006-D044)
Addresses requirements for the separation of Government functions for oversight, source selection, contract negotiation, and contract award. The rule contains best practice policies for use by the military departments and defense agencies.

Affected subparts/sections: Part 203 Table of Contents; 203.1

The Federal Register notice for this rule is available here.

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

Deletion of Obsolete Acquisition Procedures (DFARS Case 2006-D046)
Removes text relating to obsolete requirements for submission of certain documents to the United States Trade Representative; and removes text relating to requirements for use of paper-based solicitation mailing lists, which have been replaced by electronic tools such as the Central Contractor Registration database and the Federal Business Opportunities website.

Affected subparts/sections: Part 206 Table of Contents; 206.3; 225.8

The Federal Register notice for this rule is available here.

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

Small Business Programs (DFARS Case 2003-D047)
Updates and clarifies policy for contracting with small business and small disadvantaged business concerns; and relocates to PGI, procedures for referring matters to the Small Business Administration, information on the DoD test program for negotiation of comprehensive small business subcontracting plans, and procedures for processing contract awards under the 8(a) Program.

Affected subparts/sections: DFARS Table of Contents; Part 219 Table of Contents; 219.0; 219.2; 219.6; 219.7; 219.8; 219.11; Part 252 Table of Contents; 252.212; 252.219; PGI 219.6; PGI 219.7; PGI 219.8

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Wage Determinations (DFARS Case 2006-D043)
Updates procedures for obtaining Department of Labor wage determinations under construction and service contracts, for consistency with changes made to Department of Labor policy and the Federal Acquisition Regulation.

Affected subparts/sections: Part 222 Table of Contents; 222.0; 222.4; 222.10

The Federal Register notice for this rule is available here.

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

Military Construction on Guam (DFARS Case 2006-D065)
Removes obsolete text addressing a prohibition on the use of nonimmigrant aliens to perform work under contracts for military construction on Guam. The statute containing the prohibition was repealed by Section 2810 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: Part 222 Table of Contents; 222.73; 252.222

The Federal Register notice for this rule is available here.

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

Technical Amendments
Updates references within the DFARS and PGI text. Also amends the Code of Federal Regulations to reinstate text that was inadvertently omitted from a previous Federal Register publication.

Affected subparts/sections: 225.70; 232.0; 252.212; PGI 204.6.

The Federal Register notice for the DFARS technical amendments is here.

A Microsoft Word format document showing the changes to the DFARS and PGI text is here.

PGI Changes:

Domestic Nonavailability Determinations (PGI Case 0000-P071)
Updates procedures for reciprocal use of domestic nonavailability determinations, to add a requirement for a military department issuing such a determination to provide a copy of the determination and related information to the Director, Defense Procurement and Acquisition Policy and Acquisition Policy. Also updates the list of nonavailability determinations that are presently available for reciprocal use.

Affected subparts/sections: PGI 225.70

A Microsoft Word format document showing the changes to the PGI text is here.

Application of Labor Laws to Government Acquisitions (PGI Case 0000-P016)
Updates procedures for dealing with labor relations matters and for requesting wage determinations on DoD contracts.

Affected subparts/sections: PGI 222.1; PGI 222.4; PGI 222.8; PGI 222.10; PGI 222.13

A Microsoft Word format document showing the changes to the PGI text is here.

Order Code Assignments:

Updates have been made to the Air Force and Defense Contract Management Agency order code assignments at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070327
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On March 27, 2007, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

New Designated Countries (DFARS Case 2006-D062)
Implements the Dominican Republic-Central America-United States Free Trade Agreement with respect to the Dominican Republic. Also adds Bulgaria and Romania to the list of countries covered by the World Trade Organization Government Procurement Agreement, in accordance with direction from the United States Trade Representative.

Affected subparts/sections: 252.212; 252.225

The Federal Register notice for this rule is available here.

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

Final Rules:

Electronic Submission and Processing of Payment Requests (DFARS Case 2005-D009)
Amends the exceptions to the general requirement for contractors to submit payment requests in electronic form. Specifies that exceptions may be granted when DoD is unable to receive payment requests in electronic form or when the contracting officer determines that electronic submission would be unduly burdensome to the contractor.

Affected subparts/sections: 232.70; 252.232

The Federal Register notice for this rule is available here.

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

Prohibition on Acquisition from Communist Chinese Military Companies (DFARS Case 2006-D007)
Finalizes, without change, the interim rule published in DFARS Change Notice 20060908 to implement statutory requirements prohibiting the award of a contract to a Communist Chinese Military Company, if the items being acquired appear on the U.S. Munitions List (USML) maintained by the Department of State. The corresponding PGI text has been amended to update information regarding the USML.

Affected subparts/sections: PGI 225.7

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the changes to the PGI text is here.

Free Trade Agreements - Guatemala and Bahrain (DFARS Case 2006-D028)
Finalizes, without change, the interim rule published in DFARS Change Notice 20061004 to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to Guatemala, and the United States-Bahrain Free Trade Agreement. The Free Trade Agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Technical Amendments
Updates references within the DFARS text; adds a reference to the DoD Forms Management Program website; and updates a paragraph designation in PGI for consistency with the numbering of the corresponding FAR text.

Affected subparts/sections: DFARS Table of Contents; 215.4; Part 225 Table of Contents; 225.70; 225.74; Part 253 Table of Contents; 253.3; PGI 207.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the changes to the DFARS and PGI text is here.

PGI Changes:

Contract Performance or Delivery in a Foreign Country (PGI Case 0000-P066)
Adds procedures and a checklist for use when an acquisition requires performance of work in a foreign country by contractor personnel, other than host country personnel, or delivery of items to a Unified Combatant Command designated operational area.

Affected subparts/sections: PGI 225.74

A Microsoft Word format document showing the changes to the PGI text is here.

Reciprocity of Domestic Nonavailability Determinations (PGI Case 0000-P070)
Adds procedures for reciprocal use of domestic nonavailability determinations among the military departments; and provides a list of domestic nonavailability determinations that are currently available for reciprocal use.

Affected subparts/sections: PGI 225.70

A Microsoft Word format document showing the changes to the PGI text is here.

Proposed Rule:

Closeout of Contract Files (DFARS Case 2006-D045)
Proposes to relocate text, addressing internal DoD procedures for closeout of contract files, to PGI.

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text proposed for addition to PGI is here.

Class Deviations:

The on-line DFARS has been amended to include references and links to the following DoD-wide class deviations:

2007-O0003, New 8(a) Partnership Agreement Between the U.S. Small Business Administration and the Department of Defense, issued on February 28, 2007. This deviation extends, through September 30, 2009, the authority for DoD contracting officers to award 8(a) contracts directly to 8(a) Program participants, in accordance with DFARS 219.800(a).

2007-O0004, Synchronized Predeployment and Operational Tracker, issued on March 19, 2007. This deviation provides a new paragraph for use with the clause at DFARS 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. The deviation implements the designation of the Synchronized Predeployment and Operational Tracker (SPOT) as the central repository for information on contractors deploying with U.S. Armed Forces.

A complete listing of DoD class deviations is available at http://www.acq.osd.mil/dpap/dars/classdev/index.htm.

Affected subparts/sections: 219.8; 225.74


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070212
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On February 12, 2007, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information:

Final Rules:

Radio Frequency Identification (DFARS Case 2006-D002)
Revises and finalizes the interim rule published in DFARS Change Notice 20060519 to address requirements for package marking with passive radio frequency identification (RFID) tags. As a result of public comments received on the interim rule, the final rule contains changes that clarify the applicability of RFID requirements.

Affected subparts/sections: 211.2; 252.211

The Federal Register notice for this rule is available here.

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

Aviation Into-Plane Reimbursement (AIR) Card (DFARS Case 2006-D017)
Addresses use of the AIR card as an alternative to Standard Form 44, Purchase Order-Invoice-Voucher, for purchases of aviation fuel and oil.

Affected subparts/sections: 213.3

The Federal Register notice for this rule is available here.

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

Protests, Disputes, and Appeals (DFARS Case 2003-D010)
Relocates text, relating to contracting officer review of claims submitted by contractors, to the DFARS companion resource, Procedures, Guidance, and Information (PGI). Also removes an obsolete cross-reference.

Affected subparts/sections: Part 233 Table of Contents; 233.2; PGI 233.2

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Berry Amendment Exceptions - Acquisition of Perishable Food and Fish, Shellfish, or Seafood (DFARS Case 2006-D005)
Finalizes, without change, the interim rule published in DFARS Change Notice 20060616 to implement Section 831 of the National Defense Authorization Act for Fiscal Year 2006 and Section 8118 of the DoD Appropriations Act for Fiscal Year 2005. The rule expands the exception that permits the acquisition of non-domestic perishable foods by activities located outside the United States, to also permit acquisition of such foods by activities that are making purchases on behalf of activities located outside the United States; and reflects the permanent statutory requirement for the acquisition of domestic fish, shellfish, and seafood.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Security-Guard Services Contracts (DFARS Case 2006-D011)
Finalizes, without change, the interim rule published in DFARS Change Notice 20060616 to implement Section 344 of the National Defense Authorization Act for Fiscal Year 2006. Section 344 extends, through September 30, 2007, the period during which contractor performance of security-guard functions at military installations or facilities is authorized for the additional requirements resulting from the terrorist attacks on the United States on September 11, 2001.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Free Trade Agreement - El Salvador, Honduras, and Nicaragua (DFARS Case 2006-D019)
Finalizes, without change, the interim rule published in DFARS Change Notice 20060616 to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to El Salvador, Honduras, and Nicaragua. The Free Trade Agreement waives the applicability of the Buy American Act for some foreign supplies and construction materials and specifies procurement procedures designed to ensure fairness.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Labor Reimbursement on DoD Non-Commercial Time-and-Materials and Labor-Hour Contracts (DFARS Case 2006-D030)
This interim DFARS rule was published in the Federal Register on December 12, 2006, and in DFARS Change Notice 20061212, with an effective date of February 12, 2007. The rule supplements the FAR changes published as Item I of Federal Acquisition Circular 2005-15 on December 12, 2006. The FAR rule clarifies payment procedures for non-commercial time-and-materials and labor-hour contracts, and prescribes three options for establishing fixed hourly rates on competitively awarded non-commercial time-and-materials and labor-hour contracts. The DFARS rule requires use of the option that provides for separate rates for each category of labor performed by the contractor, its affiliates, and each subcontractor.

Affected subparts/sections: Part 216 Table of Contents; 216.6; Part 252 Table of Contents; 252.216

The Federal Register notice for this rule is available here.

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

An overview of the new time-and-materials and labor-hour policy is here.

A comparison of the regulations for time-and-materials and labor-hour contracts is here.

Proposed Rule:

DoD Representations and Certifications in ORCA (DFARS Case 2006-D032)
Supplements FAR policy addressing annual representations and certifications completed by offerors via the Online Representations and Certifications Application (ORCA) website. ORCA presently includes only FAR representations and certifications, but is being revised to also include those required by the DFARS. This proposed rule addresses the DFARS representations and certifications that will be included in ORCA.

The Federal Register notice for this rule is available here.

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

Class Deviations:

The on-line DFARS has been amended to include references and links to the following DoD-wide class deviations:

2006-O0004, Restriction on Procurement of Specialty Metals, issued on December 6, 2006. This deviation contains a clause for use instead of the clause at DFARS 252.225-7014, Preference for Domestic Specialty Metals.

2007-O0001, Extension of 8(a) Partnership Agreement Between the U.S. Small Business Administration and the Department of Defense, issued on January 29, 2007. This deviation extends, through February 28, 2007, the partnership agreement that permits DoD contracting officers to award 8(a) contracts directly to 8(a) Program participants in accordance with DFARS 219.800(a).

A complete listing of class deviations is available at http://www.acq.osd.mil/dpap/dars/classdev/index.htm.

Affected subparts/sections: 219.8; 225.70

Order Code Assignments:

An update has been made to the list of Navy order code assignments at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20070122
(DFARS Replacement Subparts Document in PDF)
(PGI Replacement Subparts Document in PDF)

On January 22, 2007, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information:

Interim Rules:

Emergency Acquisitions (DFARS Case 2006-D036)
Provides a single reference to DoD acquisition flexibilities that may be used to facilitate and expedite acquisitions during emergency situations. FAR Part 18 provides a reference to the acquisition flexibilities that are available Governmentwide. This DFARS rule identifies those flexibilities that are DoD-unique.

Affected subparts/sections: DFARS Table of Contents; Part 218 Table of Contents; 218.1; 218.2

The Federal Register notice for this rule is available here.

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

Berry Amendment Restrictions - Clothing Materials and Components Covered (DFARS Case 2006-D031)
Revises the foreign source restrictions applicable to the acquisition of clothing, as required by Section 833(b) of the National Defense Authorization Act for Fiscal Year 2006. The revisions expand the foreign source restrictions to also include clothing materials and components, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof.

Affected subparts/sections: 225.70; 252.212; 252.225; PGI 225.70

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Final Rule:

Notification Requirements for Critical Safety Items (DFARS Case 2004-D008)
Adds a contract clause requiring contractors to promptly notify the Government of any nonconformance or deficiency that could impact item safety. The clause must be used in contracts for the acquisition of (1) parts identified as critical safety items; (2) systems and subsystems, assemblies, and subassemblies integral to a system; or (3) repair, maintenance, logistics support, or overhaul services for systems and subsystems, assemblies, subassemblies, and parts integral to a system.

Affected subparts/sections: 212.3; 244.4; Part 246 Table of Contents; 246.3; Part 252 Table of Contents; 252.244; 252.246; PGI 246.3

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text added to PGI is here.

Proposed Rules:

Taxpayer Identification Numbers (DFARS Case 2006-D037)
Proposes to update a contract clause addressing DoD-unique requirements relating to the Central Contractor Registration database. The proposed changes are consistent with changes made to the corresponding FAR clause to add requirements for validation of Taxpayer Identification Numbers as part of the registration process.

The Federal Register notice for this rule is available here.

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

Information Assurance Contractor Training and Certification (DFARS Case 2006-D023)
Proposes to add policy addressing requirements for DoD contractors to ensure that personnel accessing information systems have proper information assurance certifications, as required by DoD Manual 8570.01-M, Information Assurance Workforce Improvement Program.

The Federal Register notice for this rule is available here.

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

A Microsoft Word format document showing the text proposed for addition to PGI is here.


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This Page was last updated on: Thursday, September 13, 2007