Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20201123


On November 23, 2020, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Repeal of DFARS Provision and Clause on Reserve Officer Training Corps and Military Recruiting on Campus (DFARS Case 2020-D002)


Amends the DFARS to remove DFARS provision 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation, and DFARS clause 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus, which implemented 10 U.S.C. 983(d)(1). Since the statute applies to several Federal agencies, a FAR clause has been implemented to create a single standard for all agencies that are subject to the statute. A final rule (85 FR 67619) issued under FAR case 2018-021 amended the FAR to implement the requirements of 10 U.S.C. 983 for all affected Federal agencies. This rule implements a recommendation from the DoD Regulatory Reform Task Force.

Affected parts/subparts/sections:  204.1202; TOC 209, 209.470, 209.470-1 through 209.470-4; TOC 252, 252.204-7007, 252.209-7003, and 252.209-7005.

The Federal Register notice for this rule is here.

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

Repeal of DFARS Clauses Related to Taxes Applied to Foreign Contracts in Afghanistan (DFARS Case 2020-D025)


Amends the DFARS to remove DFARS clauses 252.229-7014, Taxes–Foreign Contracts in Afghanistan, and 252.229-7015, Taxes-Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement). Since several Federal agencies award contracts that are subject to the terms of the Agreement or SOFA, a final rule issued under FAR case 2018-023 (85 FR 67623) implemented two new clauses in the FAR that notify applicable contractors of the same information included in DFARS clauses. As the text of the DFARS clauses have been implemented in the FAR, the DFARS clauses are no longer necessary and can be removed from the DFARS. This rule implements a recommendation from the DoD Regulatory Reform Task Force.

Affected parts/subparts/sections:  212.301; 229.402-70; TOC 252, and 252.229-7014 and 252.229-7015.

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:


Authorities for Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2020-D031)


DoD is proposing to amend the DFARS to remove references to Executive Order (E.O.) 13423, Strengthening Federal Environmental, Energy, and Transportation Management, and E.O. 13514, Federal Leadership in Environmental, Energy, and Economic Performance, as the authorities for the policy at DFARS subpart 223.73, Minimizing the Use of Materials Containing Hexavalent Chromium. Both E.O. 13423 and E.O. 13514 were revoked by E.O. 13693, Planning for Federal Sustainability in the Next Decade, which was later revoked by E.O. 13834, Efficient Federal Operations (83 FR 23771, May 22, 2018). However, the removal of these references will not impact DoD’s policies and procedures for minimizing the use of hexavalent chromium.

Proposed changes to parts/subparts/sections:  223.7301 and 223.7302.

The Federal Register notice for this rule is here.

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

Commercial Item Determinations (DFARS Case 2020-D033)


DoD is proposing to amend the DFARS by publishing a second proposed rule under DFARS Case 2020-D033 to further implement section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91), because of substantial changes from the first proposed rule. Section 848 modifies 10 U.S.C. 2380(b) to provide that a contract for an item using FAR part 12 procedures shall serve as a prior commercial item determination, unless the appropriate official determines in writing that the use of such procedures was improper or that it is no longer appropriate to acquire the item using commercial item acquisition procedures. This rule also proposes to remove the procedures at DFARS subpart 212.70, established pursuant to section 856 of the NDAA for FY 2016 (Pub. L. 114-92), which apply to procurements of more than $1 million previously procured under a prime contract using FAR part 12 procedures. The authority for these procedures expires on November 25, 2020.

Proposed changes to parts/subparts/sections:  TOC 212, 212.102 and 212.70, 212.7000 and 212.7001.

The Federal Register notice for this rule is here.

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