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.
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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