DFARS Change Notice 20010911

The DFARS has been revised by 3 interim rules and 3 final rules published on September 11, 2001, as follows:

Interim Rules

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (DFARS Case 2000-D024)

This interim rule provides for incentive payments to DoD contractors, and subcontractors at any tier, that use Indian organizations and Indian-owned economic enterprises as subcontractors. The rule implements Section 8022 of the DoD Appropriations Act for Fiscal Year 2001 (Public Law 106-259).

Affected subparts/sections: 226.1; Part 252 Table of Contents; 252.226

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 Country End Products (DFARS Case 2000-D302)

This interim rule removes Panama from the definition of "Caribbean Basin country" and clarifies which Caribbean Basin country products are subject to duty-free treatment. The rule implements Section 211 of the United States-Caribbean Basin Trade Partnership Act (Title II of Public Law 106-200) and determinations of the U.S. Trade Representative as to which countries qualify for enhanced trade benefits under that 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.

DoD Pilot Mentor-Protege Program (DFARS Case 2001-D006)

This interim rule adds women-owned small businesses to the types of concerns that may participate as protege firms in the DoD Pilot Mentor-Protege Program. The rule also clarifies that business concerns owned and controlled by an Indian tribe or a Native Hawaiian Organization are eligible to participate as protege firms in the Program. The rule implements Section 807 of the National Defense Authorization Act for Fiscal Year 2001 (Public Law 106-398).

Affected subparts/sections: 219.71; 252.232; Appendix I

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.

Final Rules

Review of Acquisition Plans for Conventional Ammunition
(DFARS Case 2000-D030)

This final rule requires military departments and defense agencies to submit acquisition plans for conventional ammunition to the DoD single manager for conventional ammunition (SCMA). The rule facilitates implementation of Section 806 of the National Defense Authorization Act for Fiscal Year 1999 (Public Law 105-261), which permits the SCMA to restrict the procurement of conventional ammunition to sources within the national technology and industrial base.

Affected subpart: 207.1

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.

Reporting Requirements Update (DFARS Case 2001-D004)

This final rule provides reporting requirements for Fiscal Year 2002 contracting actions. The rule contains reporting changes related to bundled contracts, indefinite-delivery contracts, information technology products, commercial items, and recovered materials.

This rule will become effective on October 1, 2001. Therefore, the changes in this rule will be incorporated into the DFARS on October 1, 2001.

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.

Iceland-Newly Designated Country Under Trade Agreements Act
(DFARS Case 2001-D008)

This final rule adds Iceland to the list of designated countries under the Trade Agreements Act, as directed by the U.S. Trade Representative. Iceland joined the World Trade Organization Government Procurement Agreement in April 2001.

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.

Proposed Rules

Ocean Transportation by U.S.-Flag Vessels (DFARS Case 2000-D014)

This proposed rule specifies that requirements for use of U.S.-flag vessels, in the transportation of supplies by sea, apply to contracts at or below the simplified acquisition threshold as well as those that exceed the simplified acquisition threshold. The rule implements 10 U.S.C. 2631.

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.

Balance of Payments Program (DFARS Case 2000-D020)

This proposed rule adds policy on the Balance of Payments Program to replace Federal Acquisition Regulation policy on this subject that has been proposed for elimination. The Balance of Payments Program provides a preference for domestic supplies and construction materials for use outside the United States. The notice requesting comments on this proposed rule also requests comments on the advisability of discontinuing application of the Balance of Payments Program to DoD construction contracts.

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.

Subcontract Commerciality Determinations (DFARS Case 2000-D028)

This proposed rule specifies that the contractor will determine whether a particular subcontract item meets the definition of "commercial item." The rule also specifies that, when conducting a contractor purchasing system review, the administrative contracting officer will review the adequacy of rationale documenting the contractor's commercial item determinations.

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.

Preference for Local 8(a) Contractors-Base Closure or Realignment
(DFARS Case 2001-D007)

This proposed rule amends policy pertaining to preferences for local businesses in acquisitions that support a base closure or realignment. The rule clarifies that both competitive and noncompetitive acquisitions under the Section 8(a) Program are permitted if an 8(a) contractor is located in the vicinity of the base to be closed or realigned. This rule is consistent with a General Accounting Office decision dated February 21, 2001.

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.

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