DFARS Change Notice 20000413

The DFARS has been revised by 4 final rules published on April 13, 2000, as follows:

 
Foreign Acquisition (DFARS Case 98-D028)
 
This final rule amends DFARS Part 225, Foreign Acquisition, and updates related references, for conformance with the FAR Part 25 rewrite that was published as Item II of Federal Acquisition Circular 97-15 on December 27, 1999.  The rule reorganizes existing DFARS text, but makes no substantive change to policy pertaining to foreign acquisition.
 
Affected subparts/sections:  DFARS Table of Contents; 213.3; Part 225 Table of Contents; 225.0; 225.1; 225.2; 225.3; 225.4; 225.5; 225.6; 225.7; 225.8; 225.9; 225.10; 225.11; 242.3; 252.225

The Federal Register notice for this rule is available here.
A Microsoft Word format document showing all additions and deletions made by this rule is here.
 

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (DFARS Case 99-D300)
 
This final rule revises DFARS Subpart 226.1 to update procedures pertaining to the Indian Incentive Program.  The rule implements Section 8024 of the DoD Appropriations Act for Fiscal Year 1999 (Public Law 105-262) and Section 8024 of the DoD Appropriations Act for Fiscal Year 2000 (Public Law 106-79), which eliminate the requirement for a DoD contractor to submit a subcontracting plan before it may participate in the Indian Incentive Program.  The rule revises the prescription for use of the clause at FAR 52.226-1, Utilization of Indian Organizations and Indian-Owned Economic Enterprises, to require use of the clause in solicitations and contracts that (1) do not use FAR Part 12 procedures; and (2) are for supplies or services expected to exceed the simplified acquisition threshold.
 
Affected subpart:  226.1

The Federal Register notice for this rule is available here.
A Microsoft Word format document showing all additions and deletions made by this rule is here.
 

Caribbean Basin Countries (DFARS Case 2000-D006)
 
This final rule implements the determination of the United States Trade Representative to renew the treatment of Caribbean Basin country end products as eligible products under the Trade Agreements Act, except for end products from the Dominican Republic and Honduras.  The rule amends the clauses at DFARS 252.225-7007, Buy American Act--Trade Agreements--Balance of Payments Program, and 252.225-7021, Trade Agreements, to remove the Dominican Republic and Honduras from the list of Caribbean Basin countries whose products are eligible products under the Trade Agreements Act.
 
Affected section:  252.225
 
The Federal Register notice for this rule is available here.
A Microsoft Word format document showing all additions and deletions made by this rule is here.
 
Manufacturing Technology Program (DFARS Case 99-D302)
 
The interim rule published on January 13, 2000 (Change Notice 20000113), is converted to a final rule without change.  The interim rule revised DFARS 235.006-70 to implement Section 216 of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106-65).  Section 216 amended 10 U.S.C. 2525 to eliminate the mandatory cost-sharing requirements for contracts under the Manufacturing Technology Program, and to require that cost sharing be included as a factor in competitive procedures for evaluating proposals under manufacturing technology projects.
 
Affected subpart:  None
 
The Federal Register notice for this rule is available here.
 
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Forms:

The DFARS has been updated to reflect revisions to three forms.

     DD Form 375, Production Progress Report - Form available at
http://www.acq.osd.mil/dpap/dars/dfars/changenotice/docs/dd0375.pdf
    DD Form 375, Production Progress Report (Continuation) - Form available at
http://www.acq.osd.mil/dpap/dars/dfars/changenotice/docs/dd0375C.pdf
    DD Form 1659, Application for U.S. Government Shipping Documentation/Instructions - Form available at
http://www.acq.osd.mil/dpap/dars/dfars/changenotice/docs/dd1659.pdf

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Proposed Rule:

 
Closeout of Foreign Military Sales Contract Line Items (DFARS Case 2000-D002)
 
This rule proposes amendments to the contract closeout policy at DFARS 204.804 to specify that, if a contract includes Foreign Military Sales (FMS) contract line items and non-FMS contract line items, the FMS contract line items should be closed out as soon as the closeout requirements for those line items are satisfied.  The change is proposed as part of a DoD initiative to improve the FMS process.

The Federal Register notice for this rule is available here.

 
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Withdrawal of Proposed Rule:
 
Disclosure of Information (DFARS Case 99-D015)
 
The proposed rule published on October 21, 1999 (Change Notice 19991021) is withdrawn.  The rule proposed amendments to the DFARS pertaining to contractor release of sensitive, unclassified contract information.  DoD is planning to revise DoD Regulation 5200.1-R, Information Security Program, including the policy pertaining to sensitive information.  The need for DFARS amendments on this subject will be reexamined when the revision of DoD Regulation 5200.1-R is complete.

The Federal Register notice for this rule is available here.

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Class Deviation:

Waiver--General Services Administration (GSA) Utilization Screening for Department of Defense (DoD) Property (DAR Tracking Number 2000-O0004)

This class deviation waives the GSA screening requirements prescribed in FAR 45.608-1(b), 45.608-4, and 45.608-6(b) for special test equipment without standard components.  The class deviation also waives the GSA screening requirement at FAR 45.608-4 for DoD property in poor and salvage condition (items reported in the inventory schedule with conditions codes:  A3, A6, A9, B3, B6, B9, F3, F6, F9, or HX).  The waiver is effective from March 7, 2000 through March 6, 2002.

A copy of the class deviation is available here here.

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