DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20030214

DoD published 2 interim, 2 final, and 2 proposed DFARS rules in the Federal Register on February 14, 2003. The interim and final rules apply to solicitations issued on or after February 14, 2003, except as otherwise permitted by FAR 1.108(d). The proposed and interim rules solicit public comments, which are due by April 15, 2003. A summary of each rule follows:

Interim Rules:

Contractor Performance of Security-Guard Functions (DFARS Case 2002-D042)

Changes the DFARS to provide temporary authority for contractor performance of security-guard functions at military installations or facilities to meet the increased need for such services since September 11, 2001. The rule implements Section 332 of the National Defense Authorization Act for Fiscal Year 2003.

Affected subparts/sections: Part 237 Table of Contents; 237.1

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.

Fish, Shellfish, and Seafood Products (DFARS Case 2002-D034)

Changes the DFARS to require the acquisition of domestic fish, shellfish, and seafood, to include fish, shellfish, and seafood manufactured or processed, or contained in foods manufactured or processed, in the United States. The rule implements Section 8136 of the Defense Appropriations Act for Fiscal Year 2003.

Affected subparts/sections: 225.70; 252.212; 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.

Final Rules:

Emergency Acquisitions in Regions Subject to Economic Sanctions (DFARS Case 2002-D031)

Changes the DFARS to authorize DoD personnel to make emergency acquisitions in direct support of U.S. or allied forces deployed in military contingency, humanitarian, or peacekeeping operations in countries or regions subject to economic sanctions. The Department of the Treasury, Office of Foreign Assets Control, has issued DoD a license permitting these emergency acquisitions.

Affected subparts/sections: Part 225 Table of Contents; 225.7

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

Changes the DFARS to update organizational names and addresses and cross-references.

Affected subparts/sections: 201.2; 201.3; 201.4; 202.1; 204.70; 206.3; Part 208 Table of Contents; 209.1; 209.4; 212.3; 214.4; 217.1; 219.10; 230.2; 231.2; 232.0; 232.5; 232.6; 236.5; 239.73; 242.6; 242.7; 242.12; 249.70; 250.3; 252.211; 253.204; Appendix G, Parts 1, 2, and 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.

Proposed Rules:

Payment Bonds on Cost-Reimbursement Contracts (DFARS Case 2002-D030)

Proposes changes to DFARS policy on performance and payment bonds for construction contracts. The DFARS presently waives the requirement for performance and payment bonds for cost-reimbursement contracts, but requires the prime contractor to obtain bonds for its fixed-price subcontracts exceeding $25,000. The proposed changes would permit the use of alternate payment protections for subcontracts between $25,000 and $100,000, for consistency with the corresponding FAR policy for prime contracts.

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.

Liability for Loss Under Vessel Repair and Alteration Contracts (DFARS Case 2002-D016)

Proposes DFARS changes to increase a contractor's liability for loss or damage under vessel repair and alteration contracts, from $5,000 to $50,000 per incident. The increased dollar ceiling is based on adjustments for inflation and the need to provide a financial incentive for contractors to minimize loss or damage.

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.