DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20040625

 

DoD published the following interim, final, and proposed DFARS rules in the Federal Register on June 25, 2004:

 

Interim Rule:

 

Firefighting Services Contracts (DFARS Case 2003-D107) (Comments due August 24, 2004)

 

Permits the award of contracts for firefighting functions at military installations or facilities for periods of one year or less, if the functions would otherwise have to be performed by members of the armed forces who are not readily available due to a deployment. Implements Section 331 of the National Defense Authorization Act for Fiscal Year 2004.

 

Affected subparts/sections: 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.

 

Final Rules:

 

Designated Countries New European Union Members (DFARS Case 2004-D006)

 

Applies to acquisitions subject to the Trade Agreements Act. Adds 10 new European Union member states to the list of countries whose products contracting officers can acquire without application of the Buy American Act evaluation factor. The new member states are Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic, and Slovenia. The change implements a determination of the U.S. Trade Representative that suppliers of eligible products from these countries may participate in U.S. Government procurements without discriminatory treatment.

 

Affected subparts/sections: 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.

 

Information Assurance (DFARS Case 2002-D020)

 

Applies to contracts involving the acquisition or use of information technology. Updates requirements for the protection of information that is entered, processed, stored, displayed, or transmitted through computer systems. Implements policy issued by the National Security Telecommunications and Information Systems Security Committee.

 

Affected subparts/sections: Part 239 Table of Contents; 239.71; 252.239

 

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.

 

Use of FAR Part 12 for Performance-Based Contracting for Services (DFARS Case 2003-D111)

 

Deletes obsolete text on the use of FAR Part 12 (Acquisition of Commercial Items) procedures for performance-based contracting for services. The statutory authority upon which this text was based has been superseded by broader, Governmentwide authority provided in Section 1431 of the National Defense Authorization Act for Fiscal Year 2004. Interim FAR changes implementing Section 1431 were published in Item I of Federal Acquisition Circular 2001-24 on June 18, 2004.

 

Affected subparts/sections: DFARS Table of Contents; Part 212 Table of Contents; 212.1; Part 237 Table of Contents; 237.6

 

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:

 

Polyacrylonitrile (PAN) Carbon Fiber Restriction to Domestic Sources (DFARS Case 2004-D002) (Comments due August 24, 2004)

 

Proposed change applies to acquisitions for major systems that are not yet in development and demonstration (milestone B as defined in DoD Instruction 5000.2). Extends the ending date, from May 31, 2005, to May 31, 2006, for inclusion of PAN carbon fiber domestic source requirements in solicitations and contracts.

 

The Federal Register notice for this proposed rule is available here.

 

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

 

DFARS Transformation

 

The following proposed rules are a result of DFARS Transformation, which is a major DoD initiative to dramatically change the purpose and content of the DFARS. The transformed DFARS will contain requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect on the public. Our objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.

 

Payment and Billing Instructions (DFARS Case 2003-D009) (Comments due August 24, 2004)

 

Proposed change improves contract payment and billing instructions. The changes include: (1) addition of a clause addressing contract line item information needed in financing and interim payment requests; (2) amendment of Material Inspection and Receiving Report instructions to address electronic submissions; and (3) relocation of text addressing distribution of contracts and numbering of contract line items to the new DFARS companion resource, Procedures, Guidance, and Information (PGI). In addition, to eliminate the need for non-standard local payment clauses, PGI will contain a menu of standard payment instructions from which the contracting officer will make a selection for inclusion in Section G of the contract.

A proposed rule describing the purpose and structure of PGI was published on February 23, 2004 (DFARS Change Notice 20040223).

 

The Federal Register notice for this proposed rule is available here.

 

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

 

A Microsoft Word format document showing the text proposed for inclusion in PGI is here.

 

Architect-Engineer Services (DFARS Case 2003-D035) (Comments due August 24, 2004)

 

Proposed change applies to contracts for architect-engineer services. The changes include: (1) deletion of unnecessary text on preselection boards and selection authorities; (2) replacement of references to Standard Form 254, Architect-Engineer and Related Services Questionnaire, with references to the replacement Standard Form 330, Architect-Engineer Qualifications; and (3) relocation of text on the establishment of selection criteria to the new DFARS companion resource, Procedures, Guidance, and Information (PGI).

 

The Federal Register notice for this proposed rule is available here.

 

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

 

A Microsoft Word format document showing the text proposed for inclusion in PGI is here.

 

Small Business Competitiveness Demonstration Program (DFARS Case 2003-D063) (Comments due August 24, 2004)

 

Proposed change applies to contracts awarded under the Small Business Competitiveness Demonstration Program. The FAR presently requires a statement on the face page of contracts to identify awards under the Program. To accommodate the use of automated systems, the proposed DFARS change specifies that, when it is not practical to mark the face page, alternate means may be used to identify a contact as an award under the Program.

 

The Federal Register notice for this proposed rule is available here.

 

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