Publication Notices
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20241115
On November 15, 2024, DoD published the following changes to the DFARS:
Note: The final rule for DFARS Case 2018-D074 is effective November 25, 2024. The changes made to the DFARS will be available on this website on November 25, 2024.
FINAL RULES:
Inapplicability of Additional Defense-Unique Laws and Certain Non-statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074)
EFFECTIVE: November 25, 2024
DoD is issuing a final rule amending the DFARS to implement section 849 paragraphs (b) and (c) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 and section 837 paragraph (a) of the NDAA for FY 2019. Section 849 paragraphs (b) and (c) require that DoD review the DFARS and propose revisions to eliminate certain contract clause requirements applicable to FAR part 12 commercial acquisitions and certain contract clause requirements applicable to subcontracts for commercially available off-the-shelf (COTS) items, with certain exceptions. Section 837 paragraph (a) amends 10 U.S.C. 2375 (redesignated as 10 U.S.C. 3452) by removing the date of “January 1, 2015” and replacing it with “October 13, 1994.” This final rule includes changes in the applicability of one solicitation provision and one contract clause to commercial products, commercial services, and COTS items, as well as changes in the applicability of two provisions and four clauses to COTS items.
Affected parts/subparts/sections: 203.1004; 204.7403; 205.470; TOC 212, 212.205, 212.301, 212.370, 212.371, 212.504, and 212.505; 215.371-4, 215.371-6; and 225.1103.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Past Performance of Affiliate Companies of Small Business Concerns (DFARS Case 2024-D016)
DoD is issuing a final rule amending the DFARS to implement section 865 of the NDAA for FY 2024. Section 865 requires DoD contracting officers to consider relevant past performance of affiliate companies of small business concerns during the evaluation of past performance in response to a competitive solicitation. This final rule directs contracting officers to consider relevant past performance information provided for affiliates of an offeror that is a small business concern. This final rule does not have a significant effect beyond the internal operating procedures of the Government and does not have a significant cost or administrative impact on contractors or offerors. Therefore, 41 U.S.C. 1707 does not require the rule to be published for public comment.
Affected parts/subparts/sections: 215.305.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)
DoD is issuing a final rule amending the DFARS to update the definition of “departments and agencies.” This final rule revises the definition at DFARS 202.101 to add recently established defense agencies as part of a periodic review to ensure the accuracy of the regulation. The last update to the definition was made on January 30, 2013 (77 FR 76938). This final rule does not have a significant effect beyond the internal operating procedures of the Government and does not have a significant cost or administrative impact on contractors or offerors. Therefore, 41 U.S.C. 1707 does not require the rule to be published for public comment.
Affected parts/subparts/sections: 202.101. PGI 202.101.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes is here.
PROPOSED RULE:
Disclosure of Information Regarding Foreign Obligations (DFARS Case 2018-D064)
DoD is proposing to amend the DFARS to implement section 1655 paragraphs (a) and (c) of the NDAA for FY 2019. Section 1655 paragraph (a) prohibits DoD from acquiring products, services, or systems relating to information or operational technology, cybersecurity, industrial control systems, or weapon systems through a contract unless the offeror or contractor provides disclosures related to sharing source code and computer code with foreign governments. Section 1655 paragraph (c) requires contracts for those products, services, or systems to include a clause requiring the disclosures during the contract period of performance if an entity becomes aware of information requiring disclosure. This proposed rule implements these requirements.
Proposed changes to parts/subparts/sections: 212.301; 213.201; 217.207; 239.7X, 239.7X00, 239.7X01, 239.7X02, 239.7X03, 239.7X04, and 239.7X05; 252.239-70YY and 252.239-70ZZ.
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 TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to add a new pointer to DFARS Procedures, Guidance, and Information.
Affected parts/subparts/sections: TOC 225 and 225.270.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI CHANGES:
Buy American Statute Requirement for Energy Savings Service Contracts (PGI Case 2024-P012)
DFARS PGI is updated to add guidance regarding use of construction materials clauses that implement the Buy American statute in energy savings service contracts that may include construction and use construction materials during the performance of the contract.
Affected parts/subparts/sections: PGI 225.270.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20241010
On October 10, 2024, DoD published the following changes to the DFARS:
Note: The final rule for DFARS Case 2024-D004 is effective November 25, 2024. The changes made to the DFARS and DFARS PGI will be available on this website on November 25, 2024.
FINAL RULES:
Pilot Program to Incentivize Contracting with Employee-Owned Businesses (DFARS Case 2024-D004)
EFFECTIVE: November 25, 2024
DoD is issuing a final rule amending the DFARS to implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 as amended by section 872 of the NDAA for FY 2024. Sections 874 and 872 authorize DoD to establish a pilot program that allows for the noncompetitive award of certain follow-on contracts to certain employee-owned businesses. The authority to award contracts under the pilot program expires on December 27, 2029. This final rule implements the pilot program, which is expected to incentivize and expedite the award of follow-on contracts to certain employee-owned businesses.
Affected parts/subparts/sections: 206.302-5; 212.301, 212.371; TOC 252, 252.270-7000, 252.270-7001, and 252.270-7002; TOC 270, 270.000, 270.100, 270.101, 270.102, 270.103, 270.104, and 270.105; TOC DFARS. PGI 201.106; 270.104.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes is here.
Procurement Technical Assistance Program (DFARS Case 2024-D006)
DoD is issuing a final rule amending the DFARS to implement section 853 of the NDAA for FY 2024. Section 853 amends the definitions of “nonprofit organization” and “business entities” at 10 U.S.C. 4951 for the Procurement Technical Assistance Program. This final rule implements these changes in the clause at DFARS 252.205-7000, Provision of Information to Cooperative Agreement Holders.
Affected parts/subparts/sections: 252.205-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
PROPOSED RULES:
Cost and Software Data Reporting for Major Weapons Systems (DFARS Case 2021-D028)
DoD is proposing to amend the DFARS to implement statutory and other policy updates to the cost and software data reporting requirements for major systems. Specifically, 10 U.S.C. 3227(b) and (c) require, unless waived, submission of cost data for contracts expected to exceed $20 million or $50 million in support of acquisition and sustainment programs expected to exceed $100 million. The data collected will facilitate cost estimation and comparison across acquisition programs. Updates to the cost and software data reporting requirements were made in DoD Instruction (DoDI) 5000.73, Cost Analysis Guidance and Procedures, and DoD Manual (DoDM) 5000.04, Cost and Software Data Reporting (CSDR), to implement DoDI 5000.02, Operation of the Adaptive Acquisition Framework. This rule proposes to implement these statutory and policy updates in the DFARS.
Proposed changes to parts/subparts/sections: 234.7100, 234.7101, 234.7102, 234.7103, 234.7104, and 234.7105; 242.503-2; 252.234-7003 and 252.234-7004. PGI 207.105; 234.7103.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
8(a) Program (DFARS Case 2024-D025)
DoD is proposing to amend the DFARS to revise joint venture eligibility requirements and remove the nonmanufacturer rule in the clause at DFARS 252.219-7010, Notification of Competition Limited to Eligible 8(a) Participants—Partnership Agreement. This clause is used in contracts awarded pursuant to the 8(a) Partnership Agreement between DoD and the Small Business Administration. These changes are necessary to align the DFARS with changes made to the Federal Acquisition Regulation (FAR) in the final rules for FAR Case 2016-011, Revision of Limitations on Subcontracting (86 FR 44233, August 11, 2021), and FAR Case 2017-019, Policy on Joint Ventures (87 FR 58219, September 23, 2022). FAR Case 2016-011 created a clause to implement the nonmanufacturer rule for all small businesses; therefore, the nonmanufacturer rule is no longer needed in the clause at DFARS 252.219-7010. FAR Case 2017-019 clarified the eligibility of joint ventures under the 8(a) Program; this proposed rule includes those clarifications.
Proposed changes to parts/subparts/sections: 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.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to add new pointers and remove an outdated pointer to DFARS Procedures, Guidance, and Information.
Affected parts/subparts/sections: TOC 205, 205.102, 205.102-70; 212.203; TOC 214, 214.203; TOC 215, 215.205; TOC 237, 237.102-77; TOC DFARS.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI CHANGES:
Procurement Integrated Enterprise Environment Solicitation Module (PGI Case 2024-P008)
DFARS PGI is updated to add a requirement for contracting officers to use the Solicitation Module in the Procurement Integrated Enterprise Environment.
Affected parts/subparts/sections: PGI 205.102, 205.102-70.
A Microsoft Word format document showing the DFARS PGI changes is here.
Removal of the Acquisition Requirements Roadmap Tool (PGI Case 2024-P009)
DFARS PGI is updated to remove information, which is no longer needed, on the Acquisition Requirements Roadmap Tool.
Affected parts/subparts/sections: PGI 237.102-77.
A Microsoft Word format document showing the DFARS PGI changes is here.