DEFENSE FAR SUPPLEMENT (DFARS) CHANGE NOTICE 20030331

DoD published the following final DFARS rules in the Federal Register on March 31, 2003:

Foreign Acquisition (DFARS Case 2002-D009)

Changes the DFARS to revise Part 225, Foreign Acquisition, and associated provisions and clauses. The rule-
" Provides streamlined procedures for evaluating foreign offers when acquiring supplies, and adds procedures for evaluating foreign offers in acquisitions in which price is not the determining factor.
" Changes the definition of "qualifying country end product" to permit the qualifying country manufacturing the product to use components from any other qualifying country.
" Lowers the required approval levels for determinations of nonavailability under the Buy American Act.
" Lowers the required approval levels for individual public interest determinations for acquisition of end products from qualifying countries.
" Provides that the Government will evaluate duty only if it is to be paid. Except for qualifying country supplies or eligible end products, the contractor will request duty-free entry only on foreign supplies for which the contractor estimates that duty will exceed $200 per shipment into the customs territory of the United States. One duty-free entry clause replaces five existing clauses.
" Eliminates the requirement for a contractor to represent that it will comply with all laws, decrees, labor standards, and regulations of the foreign country in which the contract will be performed.
" Deletes obsolete text and clauses relating to outdated appropriations act restrictions, resulting in the elimination of four clauses.

This rule will become effective on April 30, 2003. Therefore, the changes in this rule will be incorporated into the DFARS on April 30, 2003. The changes apply to solicitations issued on or after April 30, 2003, except as otherwise permitted by FAR 1.108(d).

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.

Extension of Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Education (DFARS Case 2002-D038)

Changes the DFARS to extend, through fiscal year 2006, the goal for DoD to award 5 percent of contract and subcontract dollars to small disadvantaged businesses, historically black colleges and universities, and minority institutions. This change implements Section 816 of the National Defense Authorization Act for Fiscal Year 2003.

Affected subparts/sections: 219.0; 226.70

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 activity names and addresses, references, and administrative information.

Affected subparts/sections: 202.1; 204.72; 207.1; 239.73; 250.1; Appendix G, Parts 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.