DFARS Change Notice 20020129

DoD published 1 proposed and 5 final DFARS rules in the Federal Register on January 29, 2002. The final rules apply to solicitations issued on or after January 29, 2002, except as otherwise permitted by FAR 1.108(d). The proposed rule solicits public comments, which are due by April 1, 2002. A summary of each rule follows:

Final Rules:

Memorandum of Understanding - Switzerland (DFARS Case 2001-D019)

This final rule implements a December 10, 2001, determination of the Deputy Secretary of Defense that it is inconsistent with the public interest to apply the restrictions of the Buy American Act to the acquisition of defense equipment produced in Switzerland. The rule adds Switzerland to the list of countries for which DoD has made such public interest determinations, and removes Switzerland from the list of countries for which exemption from the Buy American Act is permitted only on a purchase-by-purchase basis.

Affected subparts/sections: 225.8

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 rule finalizes, without change, the interim rule published on September 11, 2001 (Change Notice 20010911), which removed Panama from the definition of "Caribbean Basin country" and clarified which Caribbean Basin country end products are subject to duty-free treatment.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Tax Exemptions (Italy) (DFARS Case 2000-D027)

This final rule revises a clause used in contracts to be performed in Italy. The rule updates the information pertaining to tax exemptions that contractors must include on their invoices.

Affected subparts/sections: 252.229

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.

Veterans Employment Emphasis (DFARS Case 1997-D314)

This final rule removes DFARS requirements pertaining to contractor reporting on employment of veterans. The DFARS text is no longer necessary, because the reporting requirements were added to the FAR in Item IV of Federal Acquisition Circular 2001-01 on October 22, 2001.

Affected subparts/sections: DFARS Table of Contents; 209.1; 212.5; Part 213 Table of Contents; 213.0; Part 217 Table of Contents; 217.2; Part 222 Table of Contents; 222.13; Part 252 Table of Contents; 252.209

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.

Technical Amendments

This final rule updates activity names and addresses; reflects the extension of a memorandum of understanding that permits DoD to award contracts directly to 8(a) concerns; and deletes text pertaining to nonconforming supplies or services that duplicates text found at FAR 46.101 and 46.103(e).

Affected subparts/sections: 202.1; 215.4; 219.8; 242.12; 246.4; Appendix G, Part 3

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 Rule:

Enterprise Software Agreements (DFARS Case 2000-D023)

This proposed rule adds policy pertaining to the acquisition of commercial software and software maintenance in accordance with the DoD Enterprise Software Initiative. This initiative promotes the use of enterprise software agreements with contractors that allow DoD to obtain favorable terms and pricing for commercial software and related services.

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing all additions and deletions proposed by this rule is here.

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