2019 Publication Notices (Archived)
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190926
On September 26, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Restrictions on Use of Lowest Price Technically Acceptable Source Selection Process (DFARS Case 2018-D010) EFFECTIVE: October 1, 2019
Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the limitations and prohibitions on use of the lowest price technically acceptable source selection process provided in sections 813, 814, and 892 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328) and sections 822, 832, 882, and 1002 of the NDAA for FY 2018 (Pub. L. 115-91).
Affected parts/subparts/sections: DFARS Table of Contents; 208.405; Table of Contents for part 12, 212.2, 212.203; 213.106-1; Table of Contents for part 215, 215.101-2, 215.101-2-70; 216.505; Table of Contents for part 217, 217.78, 217.7801; Table of contents for part 234, 234.005-2; 237.270. PGI 215.101-2-70.
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:
Market Research and Value Analysis for the Determination of Price Reasonableness (DFARS Case 2019-D027)
Proposes to amend the DFARS to implement sections 871 and 872 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). Section 871 modifies 10 U.S.C. 2377 to address how contracting officers may require the offeror to submit relevant information to support market research for price analysis for the acquisition of commercial items. Section 872 modifies 10 U.S.C. 2379 to allow an offeror to submit information or analyses relating to the value of a commercial item.
Proposed changes to parts/subparts/sections: 210.001; 212.209; 215.403-3; 234.7001, 234.7002. PGI 234.7002.
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 made by this rule is here.
Exception to Competition for Certain Follow-on Production Contracts (DFARS Case 2019-D031)
Proposes to amend the DFARS to implement section 815 of the NDAA for FY 2016 (Pub. L. 114-92). Section 815 repeals and replaces section 845 of the NDAA for FY 1994 (Pub. L. 103-160; 10 U.S.C. 2371 note) with 10 U.S.C. 2371b, which modifies the authority of DoD to carry out certain prototype project transactions, as well as the criteria required to award an associated follow-on production contract to a participant in the transaction without the use of competitive procedures.
Proposed changes to parts/subparts/sections: 206.001.
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 20190913
On September 13, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Modification of DFARS Clause “Cancellation or Termination of Orders” (DFARS Case 2018-D035)
Amends the Defense Federal Acquisition Regulation (DFARS) to modify DFARS clause 252.239-7007, Cancellation or Termination of Orders, in order to: (1) clarify the limitations of the Government's obligation to reimburse a contractor for nonrecoverable costs when the Government cancels an order for telecommunications services; and (2) incorporate the information included in DFARS 252.239-7008, Reuse Arrangements. Combining these clauses results in 252.239-7008 being removed from the DFARS. The modification of these DFARS clauses implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda.”
Affected parts/subparts/sections: 239.7411; Table of Contents for part 252, 252.239-7007, and 252.239-7008. PGI 239.7406.
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.
Modification of DFARS Clause “Orders for Facilities and Services” (DFARS Case 2018-D045)
Amends the DFARS to modify DFARS clause 252.239-7004, Orders for Facilities and Services, to incorporate the information in DFARS clause 252.239-7005, Rates, Charges, and Services, and make minor changes to simplify the clause text. As a result, 252.239-7005 is being removed from the DFARS. The modification of these DFARS clauses implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Affected parts/subparts/sections: 239.7411; Table of Contents for part 252, 252.239-7004, and 252.239-7005.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause “Release of Past Infringement” (DFARS Case 2019-D012)
Amends the DFARS to update the pronouns used in DFARS clause 252.227-7001, Release of Past Infringement, to conform the text to current drafting conventions. Modification of this clause implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.
Affected parts/subparts/sections: 252.227-7001.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause “Trade Agreements” (DFARS Case 2019-D016)
Amends the DFARS to correct an outdated citation in paragraph (e) of DFARS clause 252.225-7021, Trade Agreements, and paragraph (f) of the Alternate II clause. These paragraphs reference the definition of “Caribbean basin end products” at paragraph (a)(2)(ii)(A) of the clause; however, the definitions section of the clause was previously renumbered, and that reference is no longer correct. The modification of this reference in the DFARS clause and its alternate implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Affected parts/subparts/sections: 252.225-7021.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause “Readjustment of Payments” (DFARS Case 2019-D017)
Amends the DFARS to update the Government point of contact in DFARS clause 252.227-7002, Readjustment of Payments. The clause addresses royalty terms, conditions, and payments, and requires the contractor to notify “the Secretary” upon granting more favorable royalty terms to the Government under another agreement. This rule updates the clause to identify the contracting officer, not the Secretary, as the individual to be notified under the clause. The modification of this DFARS clause implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Affected parts/subparts/sections: 252.227-7002.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause “Reporting and Payment of Royalties” (DFARS Case 2019-D018)
Amends the DFARS to modify DFARS clause 252.227-7009, Reporting and Payment of Royalties, to update instructions contained in the clause that provide contracting officers with additional guidance on the information to insert in the fill-in portion of the clause. This rule updates the parenthetical guidance on the fill-in to direct contracting officers to insert the name of the designated agency or “contracting officer” in accordance with agency procedures, rather than the “procuring office.” Modification of this clause implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.
Affected parts/subparts/sections: 252.227-7009.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Provision “Award to Single Offeror” (DFARS Case 2019-D024)
Amends the DFARS to repeal DFARS provision 252.237-7002, Award to Single Offeror, the provision alternate, and the associated prescriptions at DFARS 237.7003(a). The provision advises offerors that award will be made to the responsive, responsible offeror whose total offer is the lowest price to the Government, while the alternate advises offerors that award will be made to the responsive, responsible offeror whose total offer is the best value to the Government. However, the information provided in this solicitation is redundant to information provided elsewhere in a standard solicitation. Repeal on this provision implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.
Affected parts/subparts/sections: 218.170; 237.7003; Table of Contents for part 252, 252.237-7002, 252.227-7003, 252.237-7004, 252.227-7005, 252.237-7006, 252.227-7007, 252.237-7008, 252.227-7009, and 252.237-7011.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause “Returnable Containers Other than Cylinders” (DFARS Case 2019-D025)
Amends the DFARS to repeal DFARS clause 252.247-7021, Returnable Containers Other Than Cylinders, and the associated clause prescription at DFARS 247.305-70. This clause is no longer used in transportation contracts and very rarely used in other DoD contracts. Instead, the processes and procedures addressing the use, return, reimbursement, loss, and damage of returnable shipping containers are included in a performance work statement, when necessary; therefore, this clause is no longer necessary. Repeal of this clause implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.
Affected parts/subparts/sections: Table of Contents for part 247, 247.305-70; Table of Contents for part 252 and 252.247-7021.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Update to Performance Information Systems References (DFARS Case 2019-D033)
Amends the DFARS to implement changes regarding the discontinued use of the Past Performance Information Retrieval System (PPIRS) and update all associated references in the DFARS. PPIRS was merged with the Contractor Performance Assessment Reporting System (CPARS), effective January 15, 2019. In addition, PPIRS-Statistical Reporting has transitioned to the Supplier Performance Risk System.
Affected parts/subparts/sections: 209.105-1; 212.301(f); 213.106-2, 213.106-2-70; and 252.213-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Appendix A, Armed Services Board of Contract Appeals, Part 1—Charter
Amends Appendix A of the DFARS to update the Armed Services Board of Contract Appeals Charter from the most recent prior version, dated April 9, 2018, to its latest version, dated May 23, 2019. The updated Charter revises paragraph 2 to reflect that appointment of ASBCA members and designation of the Chairman and Vice Chairmen of the ASBCA shall now be made by the Secretary of Defense, rather than by the Under Secretary of Defense responsible for acquisition, the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military Departments responsible for acquisition.
Affected parts/subparts/sections: Appendix A, Part 1-Charter.
The Federal Register notice for this rule is here.
PROPOSED RULES:
Modification of DFARS Clause “Tax Relief” (DFARS Case 2018-D049)
Proposes to amend the DFARS to modify DFARS clause 252.229-7001, Tax Relief, to incorporate the information included in DFARS clause 252.229-7000, Invoices Exclusive of Taxes or Duties. Combining these clauses will result in DFARS clause 252.229-7000 being removed from the DFARS. Both clauses are prescribed for use in solicitations and contracts when a contract will be awarded to a foreign concern and are used to supplement the FAR clauses that provide offerors and contractors with information on the application of foreign taxes and duties, as they relate to Federal contracts. As a result, the text of DFARS 252.229-7000 and 252.229-7001 can be combined, while still conveying the same message and reaching the same community of contractors. The proposed changes to these clauses implement a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.
Proposed changes to parts/subparts/sections: Table of Contents for part 229, 229.402-1; Table of Contents for part 252, 252.229-7000, and 252.229-7001.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Validation of Proprietary and Technical Data (DFARS Case 2018-D069)
DoD is publishing an advanced notice of proposed rulemaking to obtain information from experts and interested parties in Government and the private sector that will assist in the development of a revision to the DFARS to implement section 865 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 865 repeals the amendments to 10 U.S.C. 2321(f) made by the NDAAs for FYs 2007 through 2016, which required that contractors take certain steps to demonstrate that they paid for the development of commercial items if their restrictions on technical data are challenged. Section 865 returns the presumption of development funding for commercial items to its original form, as established in 1994 by the Federal Acquisition Streamlining Act (FASA). More specifically, FASA provided that when challenging asserted restrictions on technical data pertaining to a commercial item, DoD is required to presume that the contractor or subcontractor has justified the asserted restriction on the basis that the item was developed exclusively at private expense, regardless of whether the contractor or subcontractor submits a justification in response to the challenge notice. The challenge may be sustained only if DoD provides information demonstrating that the item was not developed exclusively at private expense. Section 865 restores this paradigm.
Proposed changes to parts/subparts/sections: 227.7103-13 and 252.227-7037.
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:
Novation and Change-of-Name Agreements (PGI Case 2019-P006)
Provides updated email addresses for the military services to use for electronic submission and distribution of novation and change-of-name agreements.
Affected parts/subparts/sections: 242.1203.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Labor Categories for Task Orders (PGI Case 2019-P008)
Provides guidance to contracting officers issuing task orders under multiple-award contracts, when minimum labor category qualifications exist in the underlying contract.
Affected parts/subparts/sections: 216.505-70.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Technical Amendment:
This final rule changes the DFARS as follows:
1. Updates references to “Electronic Document Access” to read “Electronic Data Access”.
2. Revises part 204 heading “Part 204–Administrative Matters” to read “Part 204-Administrative and Information Matters” to align with the FAR. A conforming change is also made to section 212.301 paragraph (f)(ii) heading.
3. Amends section 212.301 to add paragraph (f)(ii)(B) to correct the electronic Code of Federal Regulation.
4. Amends sections 216.605-70 and 237.172 to add a notice to contracting officers to see DFARS PGI 216.505-70 for guidance regarding minimum labor category qualifications for orders issued under multiple award services contracts.
5. Corrects a cross reference in section 217.7402, paragraph (b).
Affected parts/subparts/sections: Table of Contents for part 204, 204.270-1, 204.802, 204.1670; 212.301(f); 216.505-70; 217.7402; 237.172; 252.216-7006; Appendix F-301.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DFARS PGI Administrative changes:
1. Updates DFARS PGI references to “Electronic Document Access” to read “Electronic Data Access” at 204.201, 204.270-2, 204.804-1, 211.7001, 246.710-70, and 253.208-1.
2. Updates section 211.7001, paragraph (d) to remove a reference to DFARS clause 252.204-7011, which was repealed on May 30, 2018.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190809
On August 9, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Undefinitized Contract Actions (DFARS Case 2018-D008)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 811 of the National Defense Authorization Action (NDAA) for Fiscal Year (FY) 2017 and section 815 of the NDAA for FY 2018. Section 811 modifies restrictions on undefinitized contractual actions (UCA) regarding risk-based profit, time for definitization, and Foreign Military Sales. Section 815 establishes limitations on unilateral definitizations of UCAs over $50 million.
Affected parts/subparts/sections: 215.404-71-2 and 215.404-71-3; 217.7401, 217.7402, 217.7404, 217.7404-3, 217.7404-5, and 217.7404-6.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Preference for Certain Commercial Services (DFARS Case 2018-D016)
DoD is issuing a final rule amending the DFARS to partially implement section 876 of the NDAA for FY 2017 (Pub. L. 114-328), which provides a preference for the acquisition of certain commercial services in contracts that exceed the simplified acquisition threshold and establishes a two-tier approval process, depending on value of the acquisition, if no commercial items are suitable. Section 876 requires revision of the guidance issued pursuant to section 855 of the NDAA for FY 2016 (Pub. L. 114-92) (final DFARS rule published in the Federal Register under DFARS Case 2016-D006 on January 31, 2018 (83 FR 4431)).
Affected parts/subparts/sections: Table of contents for 212 and 212.272; 237.102.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clauses Related to the Display of Hotline Posters (DFARS Case 2019-D011)
DoD is amending the DFARS to update the DoD hotline poster online address included in DFARS clause 252.203-7004, Display of Hotline Posters, and to update the DoD Office of Inspector General contact information in DFARS clause 252.203-7003, Agency Office of the Inspector General. This final rule is not required to be published for public comment, because DoD is not issuing a new regulation; rather, this rule is merely updating contact information in existing clauses. Modification of these two DFARS clauses implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Affected parts/subparts/sections: 203.1003; 252.203-7003 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.
New World Trade Organization Government Procurement Agreement Country – Australia (DFARS Case 2019-D032)
DoD is amending the DFARS to add Australia as a new World Trade Organization Government Procurement Agreement country. On October 17, 2018, the World Trade Organization (WTO) Committee on Government Procurement approved the accession of Australia to the WTO Government Procurement Agreement (GPA). The United States, which is also a party to the GPA, has agreed to waive discriminatory purchasing requirements for eligible products and suppliers of Australia beginning on May 5, 2019. This final rule is not required to be published for public comment, because it has no significant cost or administrative impact on contractors or offerors. This final rule is only updating WTO GPA lists in order to reflect that Australia is now a member to conform to the determination by the U.S. Trade Representative.
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.
PROPOSED RULES:
Management of Should-Cost Review Process (DFARS Case 2018-D015)
DoD is proposing to amend the DFARS to implement section 837 of the NDAA for FY 2018 (Pub. L. 115-91). Section 837 requires an amendment to the DFARS to provide for the appropriate use of the should-cost review process of a major weapon system in a manner that is transparent, objective, and provides for the efficiency of the systems acquisition process in the Department of Defense.
Proposed changes to parts/subparts/sections: 215.407-4, 215.408; and 252.215-701X.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019-D008)
DoD is proposing to modify the DFARS to implement section 1811 of the NDAA for FY 2017 (Pub. L. 114-328) and the Small Business Administration (SBA) proposed rule published in the Federal Register on December 4, 2018, at 83 FR 62516. Section 1811 provides limits on the scope of review by SBA’s procurement center representatives, unless DoD requests a review, for certain solicitations awarded by or for DoD.
Proposed changes to parts/subparts/sections: Table of contents for 219, 219.402, and 219.502-1.
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:
Commercial Item Database (PGI Case 2019-P007)
Implements a recommendation in a report from the Government Accountability Office (GAO-18-530) to increase the information available in the Commercial Item Group (CIG) database, by requiring the contracting officer to upload Commercial Item Determinations (CIDs) into the CIG database. Also implements a DoD policy memorandum that makes the DCMA CIG an authority for making Commercial Item Determinations.
Affected parts/subparts/sections: PGI 212.1.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190731
On July 31, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Only One Offer (DFARS Case 2017-D009)
On June 28, 2019, DoD published a final rule in the Federal Register (84 FR 30947) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement section 822 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). This notice is to provide the DFARS replacement pages associated with the final rule, which are effective July 31, 2019.
Affected parts/subparts/sections: Table of Contents for 215, 215.371-3, 215.408; 252.215-7008, and 252.215-7010.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190628
On June 28, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Only One Offer (DFARS Case 2017-D009) EFFECTIVE: July 31, 2019
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to partially implement section 822 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328) to: (1) address the potential requirement for additional cost or pricing data when only one offer is received in response to a competitive solicitation; and (2) make prime contractors responsible for determining whether a subcontract qualifies for an exception from the requirement for submission of certified cost based on adequate price competition. Section 822 excludes from the standard for adequate price competition the situation in which there was an expectation of competition, but only one offer is received.
Affected parts/subparts/sections: Table of Contents for 215, 215.371-3, 215.408; 252.215-7008, and 252.215-7010.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause "Price Adjustment" (DFARS Case 2018-D048)
DoD is issuing a final rule amending the DFARS to remove DFARS clause 252.247-7001, Price Adjustment, prescribed for solicitations and contracts for stevedoring services when using sealed bidding. The clause is not necessary, because sealed bidding is not used to procure such services. Repeal of this DFARS clause implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda.”
Affected parts/subparts/sections: 247.270-4; DFARS part 252 Table of Contents, 252.247-7001, 252.247-7002, and 252.247-7007.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of Transportation Related DFARS Provisions and Clauses (DFARS Case 2019-D020)
DoD is issuing a final rule amending the DFARS to remove eight transportation-related provisions and clauses, as well as a clause reference. These provisions and clauses were prescribed for solicitations and contracts for services to prepare personal property for movement or storage, or perform intra-city of intra-area movement of personal property. The information contained in these provisions and clauses is specific to the performance requirement and/or within the contracting officer’s discretion and therefore not necessary. Repeal of these DFARS provisions and clauses implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Affected parts/subparts/sections: 247.271-3; Table of Contents 252, 252.247-7008, 252.247-7009, 252.247-7010, 252.247-7011, 252.247-7014, 252.247-7016, 252.247-7017, 252.247-7018, 252.247-7019, 252.247-7022.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Annual Representations and Certifications—Alternate A (DFARS Case 2019-D030)
DoD is issuing a final rule amending the DFARS to correct paragraph references in DFARS provision 252.204-7007, Annual Representation and Certifications-Alternate A, and also correct the structure of the prescription for that provision. Paragraph (b) of FAR provision 52.204-8 includes a reference to paragraph (d) of the FAR provision. When the DFARS alternate is used, this reference to paragraph (d) creates an inconsistency. To correct the inconsistency, this final rule amends DFARS 252.204-7007 to include an alternate to paragraph (b) of FAR 52.204-8 that references paragraph (e) of the DFARS alternate, instead of paragraph (d) of FAR 52.204-8. The prescription at DFARS 204.1202(1) is restructured so that the lead-in tying the prescription to the use of FAR 52.204-8 applies to both paragraphs (1) and (2).
Affected parts/subparts/sections: 204.1202 and 252.204-7007.
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:
Modification of DFARS Clause, “Obligation of the Government” (DFARS Case 2018-D046)
DoD is proposing to amend the DFARS to: modify and rename DFARS clause 252.239-7013, Obligation of the Government, and create an alternate that is used in certain circumstances in lieu of the basic clause; include the information in DFARS clauses 252.239-7013, -7014, and -7015; and, amend the clause text to align with the termination notification requirement in the FAR. Combining these clauses will result in removing DFARS clauses 252.239-7014 and 252.239-7015 from the DFARS. This rule implements a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777.
Proposed changes to parts/subparts/sections: 239.7411; 252.239-7013, 252.239-7014, and 252.239-7015.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Modification of DFARS Clause “Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles” (DFARS Case 2018-D047)
DoD is proposing to modify the clause prescription at DFARS 228.370 to require that DFARS clause 252.228-7005, Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles, be included in all solicitations and contracts that involve the manufacture, modification, overhaul, or repair of aircraft, missiles, and space launch vehicles. The rule also updates the text of the clause to follow current DFARS convention regarding the use of the word “shall” to indicate a mandatory requirement or action.
Proposed changes to parts/subparts/sections: 228.370 and 252.228-7005.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Reliability and Maintainability in Weapon System Design (DFARS Case 2019-D003)
DoD is proposing to amend the DFARS to implement section 834 of the NDAA for FY 2018. Section 834 amends title 10, United States Code (U.S.C.), to add section 2443, sustainment factors in weapon system design, which requires program managers, or comparable requiring activity officials exercising program management responsibilities, to ensure that reliability and maintainability are included in the performance attributes of the key performance parameters on sustainment during the development of capabilities requirements for major weapon systems design. The requirements of 10 U.S.C. 2443 apply specifically to the engineering and manufacturing development of a weapon system, including embedded software; and production of a weapon system, including embedded software. As a matter policy, the Under Secretary of Defense for Acquisition and Sustainment directed application of the requirements of 10 U.S.C. 2443 to the technical maturation risk reduction phase.
Proposed changes to parts/subparts/sections: 207.106; 215.304; 216.402-2; and 234.004.
PGI Changes: 207.105 and 216.402-2.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes proposed by this rule is here.
PGI Changes:
Termination Pricing (PGI Case 2019-P002)
Provides guidance to contracting officers on limitations on pricing of terminations for convenience (partial or whole) or a change that reduces scope. The price of the terminated or reduced effort shall not be more than the original amount placed on contract for that effort.
Affected parts/subparts/sections: 249.109-70.
A Microsoft Word format document showing the DFARS PGI changes is here.
Technical Amendment:
This final rule amends the DFARS as follows:
1. Provides direction to contracting officers at DFARS 249.109-70 to see DFARS Procedures, Guidance, and Information (PGI) 249.109-70 for additional information and guidance on pricing of terminations for convenience (partial or whole) or a change that reduces scope. See PGI case 2019-P002.
Affected parts/subparts/sections: 249.109-70.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190531
On May 31, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Brand Name or Equal (DFARS Case 2017-D040)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 888(a) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017, which requires that competition on DoD contracts not be limited through the use of brand name or equal descriptions, or proprietary specifications or standards, in solicitations, unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f).
Affected parts/subparts/sections: 206.302-1; 211.104, 211.170; 213.501.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Foreign Commercial Satellite Services and Certain Items on the Commerce Control List (DFARS Case 2018-D020)
DoD is adopting as final, without change, an interim rule that amended DFARS to implement section 1603 of the NDAA for FY 2018 (Pub. L.115-91) and section 1296 of the NDAA for FY 2017 (Pub. L. 114-328). Section 1603 amends 10 U.S.C. 2279 to impose additional prohibitions with regard to acquisition of certain foreign commercial satellite services, such as cybersecurity risk and source of satellites and launch vehicles used to provide the foreign commercial satellite services, and expands the definition of "covered foreign country" is expanded to include Russia. Section 1296 prohibits purchase of items originating in the People's Republic of China that meet the definition of goods and services controlled as munitions items when moved to the Commerce Control List of the Export Administration Regulations of the Department of Commerce.
Affected parts/subparts/sections: 204.1202; 212.301; Table of Contents 225, 225.003; 227.770, 225.770-1, 225.770-2, 225.770-3, 225.770-4, 225.770-5; 225.772, 225.772-1, 225.772-2, 225.772-3, 225.772-4, 225.772-5; 225.1103; 252.204-7007; Table of Contents 252; 252.225-7007; 252.225-7049; 252.225-7050; 252.225-7051.
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.
Applicability of Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2018-D023)
DoD is issuing a final rule amending the DFARS to implement section 821 of the NDAA for FY 2018 (Pub. L. 115-91) to require that inflation adjustments of statutory acquisition-related thresholds under 41 U.S.C. 1908 apply to existing contracts and subcontracts in effect on the date of the adjustment.
Affected parts/subparts/sections: 201.109, 209.571-1; Table of Contents 211, 211.7000; 252.203-7004; 252.209-7004; 252.209-7009; 252.219-7003; 252.219-7004; 252.225-7004; 252.249-7002.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Provision Regarding Availability of Specifications and Standards Not Listed in the Acquisition Streamlining and Standardization Information System (DFARS Case 2019-D007)
DoD is issuing a final rule amending the DFARS to remove DFARS provision 252.211-7001, Availability of Specifications, Standards, and Data Item Descriptions Not Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), and Plans, Drawings, and Other Pertinent Documents, and the associated clause prescription at DFARS 211.204(c)(i). This provision is included in solicitations to provide offerors with the name and address of the activity from which the offeror could obtain any specifications, standards, and data item descriptions that are not listed in the ASSIST database. However, DoD determined this provision is not necessary, because contracting officers normally use DFARS provision 252.211-7002, Availability for Examination of Specifications, Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent Documents, to provide offerors with a location (be it a physical address or web address) to view specifications, standards, and data item descriptions not in the ASSIST database. As such, DFARS provision 252.211-7001 may be removed. Repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: 211.204; Table of Contents 252; 252.211-7001.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause "Ordering Limitation" (DFARS Case 2019-D026)
DoD is issuing a final rule amending the DFARS to remove DFARS clause 252.247-7012, Ordering Limitation, and the associated clause prescription at DFARS 247.271-3(g). This clause is prescribed for use when an indefinite-delivery contract for the preparation of personal property for movement or storage, or for performance of intra-city or intra-area movement, is contemplated. The clause advises a contractor of the manner in which the Government will place orders for requisite supplies and services in consideration of the contractor's guaranteed maximum daily capacity. However, Federal Acquisition Regulation clause 52.216-19, Ordering Limitations, is also included in solicitations and contracts for indefinite-delivery contracts and adequately addresses the necessary terms and conditions on minimum and maximum ordering limitations. In the event that supplemental information on ordering in excess of a contractor's guaranteed maximum capability is necessary in a solicitation or contract, the information can be included in the ordering procedures of the contract. As such, this DFARS clause is no longer necessary and can be removed. Repeal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: 247.271-3; Table of Contents 252; 252.247-7012; 252.247-7013; 252.247-7014; 252.247-7016; 252.247-7017; 252.247-7018; 252.247-7019.
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:
Contractor Purchasing System Review Threshold (DFARS Case 2017-D038)
DoD is proposing to amend the DFARS to raise the contractor purchasing system review (CPSR) dollar threshold from $25 million to $50 million. Currently, Federal Acquisition Regulation (FAR) 44.302(a) requires the administrative contracting officer to determine whether a contractor's sales to the Government are expected to exceed $25 million during the next 12 months and, if so, perform a review to determine if a CPSR is needed. FAR 44.302(a) permits the head of the agency responsible for contract administration to "raise or lower the $25 million review level if it is considered to be in the Government's best interest." The dollar threshold of $25 million cited at FAR 44.302(a) has been unchanged since 1996. Adjusting the threshold upward to $50 million would appropriately account for inflation, reduce burden on small contractors, and allow a more efficient and effective use of CSPR resources to review larger contractors where more taxpayer dollars are at risk.
Proposed changes to parts/subparts/sections: 244.302.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Prompt Payments of Small Business Contractors (DFARS Case 2018-D068)
DoD is proposing to amend the DFARS to implement section 852 of the NDAA for FY 2019 (Pub. L. 115-232) that provides for accelerated payments to small business contractors and subcontractors. Current DoD policy, as stated in DFARS 232.903, is to pay small business contractors as quickly as possible after receipt of invoices and proper documentation. To implement section 852, this rule proposes to specify that DoD will provide payment as quickly as possible, to the fullest extent permitted by law, with a goal of 15 days after receipt of proper invoices and documentation, and before normal payment due dates. In addition, DoD will continue to provide accelerated payments to prime contractors that agree to provide accelerated payments to their small business subcontractors; however, this rule implements the section 852 prohibition on primes charging fees or requiring consideration from their small business subcontractors in order to receive the accelerated payments.
Proposed changes to parts/subparts/sections: 212.301; 232.009, 232.009-1, 232.009-2; 232.903; 252.232-7XXX.
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:
Certificate of Current Cost or Pricing Data (PGI Case 2018-P002)
Instructs contracting officers that they shall not accept a Certificate of Current Cost or Pricing Data that deviates from the language specified in FAR 15.406-2, or has been amended to include certification of data submitted after the date of price agreement.
Proposed changes to parts/subparts/sections: 215.406-2.
A Microsoft Word format document showing the DFARS PGI changes proposed by this rule is here.
Contracting Dispute Matters (PGI Case 2019-P003)
Implements section 822 of the NDAA for fiscal year 2019 (Pub. L. 115-232). Section 822 requires DoD to establish and continuously maintain a data repository to collect bid protest data on the number of bid protests involving the same contract award or proposed award that have been filed at both the Government Accountability Office (GAO) and U.S. Court of Federal Claims (COFC).
Proposed changes to parts/subparts/sections: 233.170; 233.171.
A Microsoft Word format document showing the DFARS PGI changes proposed by this rule is here.
Contractor Denial of Requests for Data Other than Certified Cost or Pricing Data (PGI Case 2019-P004)
Implements the Defense Pricing and Contracting memorandum, dated March 22, 2019, “Process and Reporting Requirements Pertaining to Contractor Denials of Contracting Officer Requests for Data Other than Certified Cost or Pricing Data.”
Proposed changes to parts/subparts/sections: 215.403-3.
A Microsoft Word format document showing the DFARS PGI changes proposed by this rule is here.
Technical Amendment:
This final rule amends the DFARS as follows:
1. Provides direction to contracting officers at DFARS 215.406-2 to see DFARS PGI 215.406-2 for additional information and guidance on Certificates of Current Cost or Pricing Data.
2. Provides direction to contracting officers at DFARS 233.171 to follow the procedures at DFARS PGI 233.171 for reporting information on protests involving the same contract award or proposed award that have been filed at both the GAO and the U.S. COFC.
Proposed changes to parts/subparts/sections: 215.406-2; 233.171.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190430
On April 30, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Use of the Government Property Clause (DFARS Case 2015-D035)
Amends the DFARS to require the use of FAR clause 52.245-1, Government Property, in all purchase orders for repair, maintenance, overhaul, or modification of Government property, regardless of the unit acquisition cost of the items to be repaired. The purpose of this revision is to ensure contractors are accountable for Government-furnished property provided to contractors under purchase orders for repair.
Affected parts/subparts/sections: 245.107.
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 Closeout Authority (DFARS Case 2018-D012)
Amends the DFARS to implement section 836 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017, as modified by section 824 of the NDAA for FY 2018, which authorizes expedited closeout of certain contracts entered into on a date that is at least 17 fiscal years before the current fiscal year, that have no further supplies or services due, and for which a determination has been made that the contract records are not otherwise reconcilable.
Affected parts/subparts/sections: 204.804.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Small Business Set-Aside for Architect-Engineer and Construction Design Contracts (DFARS Case 2018-D057)
Amends the DFARS to implement section 2804 of the NDAA for FY 2019. Section 2804 amends the thresholds at 10 U.S.C. 2855 for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects. These acquisitions are now required to be set aside for small business if valued at less than $1,000,000.
Affected parts/subparts/sections: 219.502-1, 219.502-2.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
INTERIM RULE:
Restriction on Acquisition of Certain Magnets and Tungsten (DFARS Case 2018-D054)
Amends the DFARS to implement section 871 of the NDAA for FY 2018 (Pub. L. 115-232). Section 871 prohibits acquisition of samarium-cobalt magnets, neodymium-iron-boron magnets, tungsten metal powder, and tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy allow alloy from North Korea, China, Russia, and Iran.
Affected parts/subparts/sections: 212.301; 225.7018, 225.7018-1, 225.7018-2, 225.7018-2, 225.7018-3, 225.7018-4, 225.7018-5; 252.225-7052.
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:
Modification of DFARS Clause "Cancellation or Termination of Orders" (DFARS Case 2018-D035)
Proposes to amend the DFARS to consolidate DFARS clauses 252.239-7007, Cancellation or Termination of Orders, and 252.239-7008, Reuse Arrangements, both of which are included in solicitations, contracts, and basic agreements for telecommunications services. The clause at 252.239-7007 provides contractors with terms and conditions that apply in the event the Government cancels any of the services ordered under the agreement or contract, while the clause at 252.239-7008 is provides contractors with terms and conditions for the reuse of equipment and facilities purchased under a telecommunications order that is cancelled or terminated by the Government. Since both clauses are included in the same contracts and both clauses establish terms and conditions for the cancellation or termination of telecommunications orders, the text of the two clauses can be combined, without changing the intent. Consolidation of these DFARS clauses supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."
Proposed changes to parts/subparts/sections: 239.7411; 252.239-7007; 252.239-7008.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Modification of DFARS Clause "Orders for Facilities and Services" (DFARS Case 2018-D045)
Proposes to amend the DFARS to consolidate 252.239-7004, Orders for Facilities and Services, and 252.239-7005, Rates, Charges, and Services, both of which are included in solicitations, contracts, and basic agreements for telecommunications services. The clause at 252.239-7004 specifies how contractors shall acknowledge the receipt orders under the contract or agreement, while the clause at 252.239-7005 provides contractors with terms and conditions regarding charges for facilities and services being provided in accordance with the contract or agreement. Since both clauses are included in all of the same contracts as DFARS clause 252.239-7004 and both clauses provide terms and conditions pertaining to telecommunications services, the text of the two clauses can be combined, without changing the intent of either one of the clauses. Consolidation of these DFARS clauses supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."
Proposed changes to parts/subparts/sections: 239.7411; 252.239-7004; 252.239-7005.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Performance-Based Payments (DFARS Case 2019-D002)
Proposes to amend the DFARS to implement section 831 of the NDAA for FY 2017 (Pub. L. 114-328), which amends 10 U.S.C. 2307 to promote the use of performance-based payments. The primary objective of this rule is to remove restrictions within the DFARS that limit performance-based payments to amounts not greater than costs incurred up to the time of payment. This rule is expected to benefit contractors who receive contract financing from DoD in the form of performance-based payments.
Proposed changes to parts/subparts/sections: 204.1202; 232.1001, 232.1003-70, 232.1005-70; 252.204-7007; 252.204-7012; 252.204-7013; 252.232-70XX.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Technical Amendment:
Amends the DFARS to add at section 209.403 the officials who have been delegated the authority to serve as the debarring and suspending official for their respective agencies. The Staff Judge Advocate has been delegated authority to serve as the debarring and suspending official for the United States Cyber Command. The General Counsel has been delegated authority to serve as the debarring and suspending official for the Defense Health Agency.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made is here.
DFARS PGI Administrative Changes:
Updates DFARS PGI 242.1203(1) to correct the address for the Air Force.
A Microsoft Word format document showing the DFARS PGI changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190401
On April 1, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Modification of DFARS Clause "Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns" (DFARS Case 2018-D051)
Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add phone numbers and websites to the DFARS clause, 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns. This clause is included in solicitations and contracts for supplies and services exceeding $500,000 in value and encourages contractors to give Indian organizations, Indian-owned economic enterprises, and Native Hawaiian small business concerns the maximum practicable opportunity to participate in subcontracts. To make information more accessible to the public, this rule adds the web addresses and phone numbers for the two Government departments listed in the clause that may be contacted in the event of a challenge to a subcontractor's representation regarding its eligibility. Modification of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: 252.226-7001(d)(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.
Repeal of Certain Defense Acquisition Laws (DFARS Case 2018-D059)
Amends the DFARS to to implement section 812 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 812 repeals more than 60 obsolete Defense acquisition laws, only one of which was implemented in the DFARS. Section 815(b) of the NDAA for FY 2008 (Pub. L. 110-181) required modification of the DFARS to clarify that the terms "general public" and "nongovernmental entities", with regard to sales of commercial items, do not include the Federal Government or a State, local, or foreign government. Section 815(b) has been repealed; therefore, DoD is modifying DFARS 202.101 to remove the clarification regarding the terms. No other changes are required to implement section 812 of the NDAA for FY 2019 in the DFARS.
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.
Consent to Subcontract (DFARS Case 2018-D065)
Amends the DFARS to implement section 824 of the NDAA for FY 2019 (Pub. L. 115-232). Section 824 amends section 893 of the NDAA for FY 2011 (Pub. L. 111-383) to require contracting officers to have written approval from the program manager prior to withholding consent to subcontract for DoD contracts with contractors that have approved purchasing systems.
Affected parts/subparts/sections: 244.201-1.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of Congressional Notification for Certain Task- and Delivery-Order Contracts (DFARS Case 2018-D076)
Amends the DFARS to clarify that the requirement to notify Congress of determinations that it is in the public interest to award a task- or delivery-order contract in an amount exceeding $112 million to a single source due to exceptional circumstances does not apply to DoD acquisitions.
Affected parts/subparts/sections: 216.504.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause "Oral Attestation of Security Responsibilities" (DFARS Case 2019-D006)
Amends the DFARS to remove DFARS clause 252.204-7005, Oral Attestation of Security Responsibilities, and the associated clause prescription at DFARS 204.404-70. This clause is included in solicitations and contracts when the contractor may require access to classified information and requires certain cleared contractor employees to attest orally that they will conform to requisite security responsibilities by reading aloud the first paragraph of Standard Form 312, Classified Information Nondisclosure Agreement. It has been determined that the clause is not necessary to safeguard classified information in industry. The Industrial Security Regulation and National Industrial Security Program Operating Manual contain the requisite policies and procedures to safeguard Government classified information released to contractors, licensees, and grantees of the Government. Removal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: 204.404-70; 252.204-7005.
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:
Use of Fixed Price Contracts (DFARS Case 2017-D024)
Proposes to amend the DFARS to implement sections 829 and 830 of the NDAA for FY 2017 (Pub. L. 114-328). Section 829 requires contracting officers to first consider fixed-price contracts, including fixed-price incentive contracts, when determining contract type and to obtain approval from the head of the contracting activity for certain cost-reimbursement contracts. Section 830 requires contracting officers to use firm-fixed-price contracts, unless a specific exception or waiver applies.
Proposed changes to parts/subparts/sections: 201.101; 216.102, 216.104-70, 216.301-3; 217.202; 225.7301-1; 234.004; and 235.006. PGI: 216.403-1; 217.202; AND 225.7301.
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.
Demonstration Project for Contractors Employing Persons with Disabilities (DFARS Case 2018-D058)
Proposes to amend the DFARS to implement section 888 of the NDAA for FY 2019 (Pub. L. 115-232). Section 888 requires that the DFARS be updated to include an instruction on the demonstration project authorized by section 853 of the NDAA for FY 2004 (Pub. L. 108-136, 10 U.S.C. 2302 Note), as amended by division H, section 110 of the Consolidated Appropriations Act, 2004 (Pub. L. 108-199). Section 853 of the NDAA for FY 2004 authorized a Demonstration Project for Contractors Employing Persons with Disabilities in order to provide defense contracting opportunities for entities employing individuals who are severely disabled.
Proposed changes to parts/subparts/sections: 204.1202; 215.304; Table of Contents 226; DFARS Table of Contents, 226.7X, 226.7X00, 226.7X01, 226.7X02, 226.7X03; 252.204-7007, 252.219-7003, and 252.226-7XXX.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Nonmanufacturer Rule for 8(a) Participants (DFARS Case 2019-D004)
Proposes to amend the DFARS to implement regulatory changes made by the Small Business Administration (SBA) in its final rule published in the Federal Register at 81 FR 34243 on May 31, 2016. SBA's final rule implemented the requirements of section 1651 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239, 15 U.S.C. 657s). Section 1651 revised and standardized the limitations on subcontracting, including the nonmanufacturer rule, that apply to small business concerns, including 8(a) Program participants, under procurements conducted pursuant to Federal Acquisition Regulation (FAR) part 19, Small Business Programs. Under the nonmanufacturer rule, small business concerns must meet certain requirements when they offer to the Government an end item they did not manufacture, process, or produce. This rule proposes to update DFARS 252.219-7010 to include the revised nonmanufacturer rule provided by section 1651 and implemented in SBA's final rule.
Proposed changes to parts/subparts/sections: 219.811-3 and 252.219-7010.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Technical Amendment:
This final rule amends the DFARS to make the following administrative changes to the regulations:
1. Corrects titles to four clauses at 225.7703-4 to remove the word “Act”.
2. Corrects DFARS clause 252.204-7007, Alternate A, Annual Representations and Certifications, to remove the representation at paragraph (d)(1)(iii) for DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons. DFARS final rule 2018-D003 (83 FR 24887) on May 30, 2018, removed representation 252.222-7007 from the DFARS; however, the cross-reference in DFARS 252.204-7007 to the representation was inadvertently omitted.
3. Corrects DFARS provision 252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate, Alternate V, in paragraph (a), by revising the reference to the “Buy American Act” by removing the word “Act”.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20190215
On February 15, 2019, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Use of Commercial or Non-Government Standards (DFARS Case 2017-D014)
Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 875(c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. This rule revises the DFARS to encourage offerors to propose commercial or non-Government standards and industry-wide practices that meet the intent of military or Government-unique specifications and standards.
Affected parts/subparts/sections: 211.107 and 211.201. PGI: 211.201.
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.
Antiterrorism Training Requirements for Contractors (DFARS Case 2017-D034)
Amends the DFARS to implement the antiterrorism training requirements for contractors provided in DoD Instruction O-2000.16, Volume 1, DoD Antiterrorism (AT) Program Implementation: DoD AT Standards. The rule will ensure contractors are aware of the requirement for contractor personnel, who as a condition of contract performance require routine physical access to a Federally-controlled facility or military installation, to complete Level I DoD antiterrorism awareness training. The training is required within 30 days of requiring access and annually thereafter, and must be completed either through DoD-sponsored and certified computer or web-based distance learning instruction, or under the instruction of a qualified Level I antiterrorism awareness instructor.
Affected parts/subparts/sections: Part 204 Table of Contents (TOC), 204.72, 204.7200, 204.7201, 204.7202, 204.7203; 212.301; Part 252 TOC, 252.204-7004; DFARS TOC. PGI: 207.105; 225.372-1, 225.7801.
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.
Exemption from Design-Build Selection Procedures (DFARS Case 2018-D011)
Amends the DFARS to implement section 823 of the NDAA for FY 2018. Section 823 modifies 10 U.S.C. 2305a to provide an exemption from the phase two design-build maximum of five offerors that are selected to submit competitive proposals for contracts exceeding $4 million. The exemption provides that if the contract value exceeds $4 million and the solicitation is issued pursuant to an indefinite-delivery indefinite-quantity (IDIQ) contract for design-build construction, the maximum number of offerors to be selected may exceed five. In addition, for other than IDIQ contracts, the rule provides authority to exceed the five offeror maximum when the contracting officer’s decision is approved by the head of the contracting activity, delegable to a level no lower than the senior contracting official within the contracting activity, when the solicitation is for a contract that exceeds $4 million.
Affected parts/subparts/sections: Part 236 TOC, 236.303-1, and DFARS TOC.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Amendments Related to General Solicitations (DFARS Case 2018-D021)
Amends the DFARS to implement sections 221 and 861 of the NDAA for FY 2018 (Pub. L. 115-91). Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded application of other competitive procedures by replacing the words “basic research” with “science and technology”. Changing the words “basic research” to “science and technology” expands the meaning of other competitive procedures to apply to “advanced technology development” and “advanced component development and prototypes” research proposals, in addition to “basic research” and “applied research” proposals. Section 861 amends 10 U.S.C. 2302e to allow for an extended term limit and increased dollar threshold under the contract authority for advanced development of initial or additional prototype units awarded from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The statutory term limit extends from 12 months to 2 years and the dollar threshold increases from $20 million to $100 million in fiscal year 2017 constant dollars (10 U.S.C. 2302e).
Affected parts/subparts/sections: Part 206 TOC, 206.1, 206.102; 215.371-4; 234.005-1; Part 235 TOC, 235.006-71, 235.016; and DFARS TOC.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause “Transportation of Supplies By Sea” (DFARS Case 2018-D028)
Amends the DFARS to remove the clause at DFARS 252.247-7024, Notification of Supplies By Sea, and incorporate those instructions in DFARS clause 252.247-7023, Transportation of Supplies By Sea. Combining these clauses will streamline instructions to contractors regarding notifications of transportation of supplies by sea. The modification and repeal of these DFARS clauses supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: 212.301; 247.574; Part 252 TOC, 252.247-7023, 252.247-7024, 252.247.7025, 252.247-7026, and 252.247-7027. PGI: 201.106.
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 of Supply Chain Risk Management Authority (DFARS Case 2018-D072)
Amends the DFARS to implement section 881 of the NDAA for FY 2019 (Pub. L. 115-232). Section 881 codifies the authority for information relating to supply chain risk at 10 U.S.C. 2339a and repeals the sunset date at sections 806(g) of the NDAA for FY 2011 (Pub. L. 111-383), as modified by section 806(a) of the NDAA for FY 2013 (Pub. L. 112-239), making the authority permanent.
Affected parts/subparts/sections: 212.301; 215.503, 215.506; 252.7300, 239.7301, 239.7302, 239.7303, 239.7304; 252.239-7017, 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.
PROPOSED RULES:
Undefinitized Contract Actions (DFARS Case 2018-D008)
Proposes to amend the DFARS to implement section 811 of the NDAA for FY 2017 (Pub. L. 114-328) and section 815 of the NDAA for FY 2018 (Pub. L. 115-91). Section 811 modifies restrictions on undefinitized contractual actions (UCA) regarding risk based profit, time for definitization, and foreign military sales. Section 815 establishes limitations on unilateral definitizations of UCAs over $50 million.
Proposed changes to parts/subparts/sections: 215.404-71-3; 217.7401, 217.7402, 217.7404, 217.7404-3, 217.7404-5, and 217.7404-6.
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 20181221
On December 21, 2018, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032)
Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify and, where necessary, update policies and procedures for providing electronic payment-related documents and for processing payment requests and receiving reports in Wide Area WorkFlow (WAWF). Title 10 of the United States Code (U.S.C.), section 2227, Electronic Submission and Processing of Claims for Contract Payments, requires that any claim for payment under a DoD contract be in electronic format. If electronic submission is unduly burdensome, 10 U.S.C. 2227 allows an exemption.
Affected parts/subparts/sections: 212.301; 232.7001, 232.7002, 232.7003, 232.7004; 246.370, 246.371, 246.471; Table of Contents 252; 252.232-7003; 252.232-7006; 252.246-7000; 252.246-7003; Appendix F-102, F-301, F-305, F-306.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Submission of Summary Subcontract Reports (DFARS Case 2017-D005)
Amends the DFARS to change the entity to which contractors submit Summary Subcontract Reports in the Electronic Subcontracting Reporting System (eSRS) and to change the entity that acknowledges receipt of, or rejects, the reports in eSRS. The rule implements a policy that streamlines the submission and review of Summary Subcontract Reports (SSRs) for DoD contractors and brings the DFARS into compliance with changes to the Federal Acquisition Regulation.
Affected parts/subparts/sections: 252.219-7003.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Restrictions on Acquisitions from Foreign Sources (DFARS Case 2017-D011)
Amends the DFARS to implement sections 817 and 881(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 817 extends the domestic source requirements of 10 U.S.C. 2533a (the Berry Amendment) below the simplified acquisition threshold, when acquiring athletic footwear to be furnished to the members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the Armed Forces. Section 881(b) amends 10 U.S.C. 2500(1) by adding Australia and the United Kingdom of Great Britain and Northern Ireland to the United States and Canada as the countries within which the activities of the national technology and industrial base are conducted. 10 U.S.C. 2534, Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods, requires that DoD only procure certain items if the manufacturer of the items is part of the national technology and industrial base.
Affected parts/subparts/sections: 225.7002-2, 225.7002-3, 2225.7004-1, 225.7004-3, 225.7006-1, 225.7006-3, 225.7006-4; 252.225-7037, and 252.225-7038.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of the Limitations on Single-Source Task or Delivery Order Contracts (DFARS Case 2018-D060)
Amends the DFARS to implement section 816 of the NDAA for FY 2019. Section 816 amends 10 U.S.C. 2304a(d)(3)(A) by modifying the limitations on single-source task or delivery order contracts. Currently, FAR 16.504(c)(1)(ii)(D)(1)(i) prohibits the award of a task or delivery order contract in an amount exceeding $112 million to a single source unless the head of the agency determines that the orders expected under the contract are so integrally related that only a single source can reasonably perform the work. Section 816 amends this limitation in 10 U.S.C. 2304a to require the head of the agency to determine that only a single source can “efficiently perform the work,” instead of “reasonably perform the work” as required by 41 U.S.C. 4103. This rule adds text to DFARS 216.504 to require agency heads to make the determination required by section 816, in lieu of the determination at FAR 16.504(c)(1)(ii)(D)(1)(i).
Affected parts/subparts/sections: 216.504.
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:
Foreign Commercial Satellite Services and Certain Items on the Commerce Control List (DFARS Case 2018-D020)
Amends the DFARS to implement section1603 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L.115-91) and section 1296 of the NDAA for FY 2017 (Pub. L. 114-328). Section 1603 amends 10 U.S.C. 2279 to impose additional prohibitions with regard to acquisition of certain foreign commercial satellite services, such as cybersecurity risk and source of satellites and launch vehicles used to provide the foreign commercial satellite services. Section 1603 also expands the definition of "covered foreign country" to include Russia. Section 1296 prohibits purchase of items originating in the People's Republic of China that meet the definition of goods and services controlled as munitions items when moved to the Commerce Control List of the Export Administration Regulations of the Department of Commerce.
Affected parts/subparts/sections: 204.1202; 212.301; Table of Contents 225, 225.003; 227.770, 225.770-1, 225.770-2, 225.770-3, 225.770-4, 225.770-5; 225.772, 225.772-1, 225.772-2, 225.772-3, 225.772-4, 225.772-5; 225.1103; 252.204-7007; Table of Contents 252; 252.225-7007; 252.225-7049; 252.225-7050; and 252.225-7051.
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 is rule is here.
PROPOSED RULE:
Applicability of Inflation Adjustment of Acquisition Related Thresholds (DFARS Case 2018-D023)
Proposes to amend the DFARS to implement section 821 of the NDAA for FY 2018 (Pub. L. 115-91). Section 821 amends 41 U.S.C. 1908(d) to require that the inflation adjustments of statutory acquisition-related thresholds under 41 U.S.C. 1908 apply to existing contracts and subcontracts in effect on the date of the adjustment.
Proposed changes to parts/subparts/sections: 201.109, 209.571-1; Table of Contents 211, 211.7000; 252.203-7004; 252.209-7004, 252.209-7009, 252.219-7003, 252.219-7004, 252.225-7004, and 252.249-7002.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20181204
On December 4, 2018, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Sunset of Provision Relating to the Procurement of Certain Goods (DFARS Case 2018-D007)
Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 813(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 813(b) repeals the restrictions on the source of photovoltaic devices in contracts awarded by DoD that result in DoD ownership of photovoltaic devices by means other than DoD purchase of the photovoltaic devices as end products provided in section 858 of the NDAA for FY 2015 (Pub. L. 113-291).
Affected parts/subparts/sections: 212.301; Table of Contents 225, 225.7017; 252.225-7017 and 252.225-7018. PGI changes: 225.7017.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of DFARS Clause "Surge Option" (DFARS Case 2018-D025)
Amends the DFARS to modify the clause at DFARS 252.217-7001, Surge Option, to replace the term "Production Surge Plan (DI-MGMT-80969)" with "Capabilities Analysis Plan (CAP)" and add text to permit the option increase of supplies of services called for under the clause to be expressed as a specific number. The associated clause prescription at DFARS 217.208-70(b) is also being amended to reflect that the option increase of supplies or services may also be expressed as a specific number. The modification of this DFARS clause and prescription supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda." DoD published a proposed rule in the Federal Register at 83 FR 30659 on June 29, 2018.
Affected parts/subparts/sections: 217.208-70 and 252.217-7001.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Documentation for Interagency Contracts (DFARS Case 2018-D073)
Amends the DFARS to implement section 875 of the NDAA for FY 2019 (Pub. L. 115-232). Section 875 amends section 865 of the NDAA for FY 2009 (Pub. L. 110-417) to remove the requirement for agencies, prior to requesting another agency to conduct an acquisition on its behalf, to make a determination that the use of an interagency acquisition represents the best procurement approach. In accordance with section 875, this requirement is being removed from Federal Acquisition Regulations (FAR) 17.502-1(a) under FAR case 2018-015. This rule removes supplemental text from DFARS 217.502-1 that instructs contracting officers, when providing acquisition assistance to deployed DoD units or personnel from another DoD Component, to obtain the determination from the requiring DoD unit or personnel.
Affected parts/subparts/sections: 217.502-1. PGI changes: 217.502-1.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
PROPOSED RULES:
Restrictions on Use of Lowest Priced Technically Acceptable Source Selection Process (DFARS Case 2018-D010)
Proposes to amend the DFARS to implement the limitations and prohibitions on use of the lowest prices technical acceptable (LPTA) source selection process provided in sections 813, 814, and 892 of the NDAA for FY 2017 (Pub. L. 114-328) and sections 822, 832, 882, and 1002 of the NDAA for FY 2018 (Pub. L. 115-91). The various statutes establish the minimum criteria for use of the LPTA source selection process and identifies specific types of acquisitions where use of the LPTA source selection process should be avoided or is prohibited. The rule applies the restrictions in the statutes to DoD contracts, as well as task and delivery orders.
Proposed changes to parts/subparts/sections: 208.405; 212.203; 213.106-1; Table of Contents 215, 215.101-2, 215.101-2-70; 216.505; Table of Contents 217, 217.7X, 217.7XXX; Table of Contents 234, 234.005-2; and 237.270.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Small Business Set-Aside for Architect-Engineer and Construction Design Contracts (DFARS Case 2018-D057)
Proposes to amend the DFARS to implement section 2804 of the NDAA for FY 2019. Section 2804 amends the thresholds at 10 U.S.C. 2855 for small business set-asides of acquisitions for architect-engineer services, including construction design, in connection with military construction projects or military family housing projects. These acquisitions are now required to be set aside for small businesses if valued at less than $1,000,000. This rule proposes to implement section 2804 by removing from DFARS 219.502-1(2) the prohibition on small business set-asides of acquisitions for architect-engineer services for military construction or family housing projects valued at $400,000 or more. In addition, this rule will increase the threshold at DFARS 219.502-2(a)(iii) to $1,000,000.
Proposed changes to parts/subparts/sections: 219.502-1 and 219.502-2.
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 20181031
On October 31, 2018, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Mentor-Protege Program Modifications (DFARS Case 2017-D016)
Amends the Defense Federal Acquisition Regulation (DFARS) to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). Sections 1823 and 1813 provide modifications to the DoD Pilot Mentor-Protégé Program. Section 1823 revises the definition and requirements associated with affiliation between mentor firms and their protégé firms. Both sections add new types of assistance for mentor firms to provide to their protégé firms. One respondent submitted a comment on the proposed rule; no changes were made in the final rule as a result of the comment received.
Affected parts/subparts/sections: 219.7100; I-101.1 through I-101.7, I-102, I-106, I-107, and I-111.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause "Acquisition Streamlining" (DFARS Case 2018-D033)
Amends the DFARS to remove DFARS clause 252.211-7000, Acquisition Streamlining, and the associated clause prescription at DFARS 211.002-70. This clause was added to the DFARS to implement a requirement of DoD Directive 5000.43, Acquisition Streamlining, which has been cancelled and replaced by DoD Instruction 5000.02, Operation of the Defense Acquisition System. In addition, the Federal Acquisition Regulation (FAR) already requires acquisition streamlining and industry engagement as part of acquisition planning; therefore, this clause is no longer necessary. The repeal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: Table of Contents for part 211, 211.002-70; Table of Contents for part 252, and 252.211-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Provision "Bonds or Other Security" (DFARS Case 2018-D036)
Amends the DFARS to remove DFARS provision 252.228-7004, Bonds or Other Security, and the associated clause prescription at DFARS 228.170. FAR clause 52.228-16, Performance and Payment Bonds-Other than Construction, and FAR provision 52.228-1, Bid Guarantee, provide the information contained in the DFARS provision; therefore, this provision is duplicative and no longer necessary. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: Table of contents for part 228, 228.170; Table of Contents for part 252, and 252.228-7004.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Repeal of DFARS Clause "Option for Supervision and Inspection Services" (DFARS Case 2018-D041)
Amends the DFARS to remove the DFARS clause 252.236-7009, Option for Supervision and Inspection Services, remove the associated clause prescription at DFARS 236.609-70(a)(1), and revise a cross reference in the introductory text to DFARS clause 252.236-7011. The clause is used in fixed-price solicitations and contracts for architect-engineering services when the architect may also be required to provide supervision and inspection services during construction; however, the need for architect-engineers to perform these services during construction is uncommon and, if necessary, should be included in the contract as an option that accurately describes the scope of services. As such, this DFARS clause is unnecessary and can be removed. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."
Affected parts/subparts/sections: Table of Contents for part 236, 236.609-70; Table of Contents for part 252, 252.236-7009, and 252.236-7011.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Update of Clause on Section 8(a) Direct Award (DFARS Case 2018-D052)
Amends the DFARS to remove an obsolete requirement from the clause at DFARS 252.219-7009, Section 8(a) Direct Award. The clause currently requires 8(a) contractors to obtain written approval from the Small Business Administration and the contracting officer prior to subcontracting the performance of any contract requirements. This requirement no longer exists in SBA's regulations on the 8(a) Business Development Program at 13 CFR part 124. As such, this requirement can be removed. The total estimated annualized value of the cost savings for 8(a) firms and the Government is $832,590.
Affected parts/subparts/sections: 252.219-7009.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
PROPOSED RULES:
Brand Name or Equal (DFARS Case 2017-D040)
Proposes to amend the DFARS to implement section 888(a) of the NDAA for FY 2017 (Pub. L. 114-328). Section 888(a) requires that competition on DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f). The objective of this proposed rule is to ensure that contracting officers execute a justification under the authority of FAR 6.302-1 when including brand name or equal descriptions, or proprietary specifications or standards, in a solicitation.
Proposed changes to parts/subparts/sections: 206.302.1; 211.104, 211.170; and 213.501.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Amendments Related to General Solicitations (DFARS Case 2018-D021)
Proposes to amend the DFARS to implement sections 221 and 861 of the NDAA for FY 2018 (Pub. L. 115-91). Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded application of other competitive procedures by replacing the words "basic research" with "science and technology." Section 861 amends 10 U.S.C. 2302e to allow for an extended term limit and increased dollar threshold under the contract authority for advanced development of initial or additional prototype units awarded from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The statutory term limit extends from 12 months to 2 years and dollar threshold increases from $20 million to $100 million. Section 861 also amends 10 U.S.C. 2302e to make the authority permanent.
Proposed changes to parts/subparts/sections: Table of Contents for new subpart 206.1, 206.102; 215.371-4; 234.005-1; Table of Contents for part 235, 235.006-71, and 235.016.
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:
1. Updates DFARS PGI 202.101(2) to add to the list of DoD contracting activities, the Department of the Army, Rapid Capabilities Office.
2. Redesignates DFARS PGI 207.105(b)(13) as PGI 207.105(b)(14) to align with higher-level regulations.
3. Redesignates PGI 207.105(b)(16) as PGI 207.105(b)(17) to align with higher-level regulations; and in the newly redesignated PGI 207.105(b)(17), updates paragraph (ii) to reference DoDI 4715.23, Integrated Recycling and Solid Waste Management, in lieu of DoDI 4715.4, Pollution Prevention. DoDI 4715.23, which was issued on October 24, 2016, cancelled DoDI 4715.4.
DFARS ADMINISTRATIVE CHANGES TO TABLES OF CONTENTS (TOC):
1. Removes DFARS 204.1104, Solicitation Provision and Contract Clauses, from the DFARS part 204 TOC.
2. Updates the title of DFARS subpart 213.5 in the DFARS TOC to read “Simplified Procedures for Certain Commercial Items.”
3. Removes DFARS subpart 223.7, Contracting for Environmentally Preferable Products and Services, from the DFARS TOC, as there is no DFARS content.
4. Updates the title of DFARS 225.7902 in the online DFARS part 225 TOC to read “Defense Trade Cooperation Treaty.”
5. Adds DFARS subpart 237.77, Competition for Religious-Related Services, to the DFARS TOC.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20181001
On October 1, 2018, DoD made the following changes to the DFARS:
Small entity compliance guide:
FINAL RULES:
Repeal of Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006)
On May 30, 2018, DoD published a final rule in the Federal Register (83 FR 24890) to amend the DFARS to implement section 813(a) of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), which amended 10 U.S.C. 2534(c) to establish a sunset date of October 1, 2018, for the limitation on procurement of chemical weapons antidote contained in automatic injectors (and components for such injectors). The final rule deleted DFARS 225.7005 in its entirety to remove the limitation as implemented in the DFARS. This notice is to provide the DFARS replacement pages associated with the final rule, which are effective October 1, 2018.
Affected parts/subparts/sections: Table of Contents for part 225, 225.7005, 225.7005-1, 225.7005-2, and 225.7005-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.