DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20040917

 

DoD published the following interim and final DFARS rules in the Federal Register on September 17, 2004:

 

Interim Rules:

 

Consolidation of Contract Requirements (DFARS Case 2003-D109)

 

Places restrictions on consolidating two or more separate requirements into a single solicitation and contract.  Requires agencies to include the following in acquisition strategies that involve consolidation of requirements with a total value exceeding $5,000,000: (1) the results of market research; (2) any alternatives that would involve a lesser degree of consolidation; and (3) a determination by the senior procurement executive that the consolidation is necessary and justified.  This change implements Section 801 of the National Defense Authorization Act for Fiscal Year 2004, and is intended to ensure that decisions regarding consolidation of contract requirements are made with a view toward providing maximum practicable opportunity for small business concerns to participate in DoD procurements.

 

Affected subparts/sections:  Part 207 Table of Contents; 207.1; 219.2        

 

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.

 

Personal Services Contracts (DFARS Case 2003-D103) 

 

Provides authority for DoD to enter into personal services contracts for health care at locations outside of medical treatment facilities (such as military entrance processing stations), and for services to be provided by individuals outside the United States that directly support the mission of a DoD intelligence or counter-intelligence organization or the special operations command.  This change implements Sections 721 and 841 of the National Defense Authorization Act for Fiscal Year 2004, and enables the award of contracts for specialized services that would be impractical for DoD to obtain by other means.

 

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.

 

Quality Control of Aviation Critical Safety Items and Related Services (DFARS Case 2003-D101)

 

Establishes requirements for quality control in the procurement of aviation critical safety items and the modification, repair, and overhaul of those items.  Specifies that the design control activity is responsible for qualifying and identifying aviation critical safety item  suppliers and products.  This change implements Section 802 of the National Defense Authorization Act for Fiscal Year 2004 and is intended to ensure flight safety.

 

Affected subparts/sections:  DFARS Table of Contents; Part 209 Table of Contents; 209.2; 217.75; Part 246 Table of Contents; 246.4; 246.5

 

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:

 

Acquisition Plans – Corrosion Prevention and Mitigation (DFARS Case 2004-D004)

 

Adds corrosion prevention and mitigation to the areas that agencies must address in acquisition plans.  This change implements Section 1067 of the National Defense Authorization Act for Fiscal Year 2003, which requires DoD to prevent and mitigate corrosion during the design, acquisition, and maintenance of military equipment.

 

Affected subparts/sections:  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.

 

Definition of Terrorist Country (DFARS Case 2003-D098)

 

Removes Iraq from the list of terrorist countries subject to a prohibition on DoD contract awards.  This change is a result of the President’s May 7, 2003, determination to suspend all sanctions against Iraq that apply to countries that have supported terrorism.

 

Affected subparts/sections:  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.

 

Indian Incentive Program (DFARS Case 2002-D033)

 

Finalizes, with changes, the interim rule published on October 1, 2003 (DFARS Change Notice 20031001), regarding the Indian Incentive Program.  The Program permits incentive payments to contractors, and subcontractors at any tier, that use Indian organizations as subcontractors.  The interim rule expanded the Program to include contracts for commercial items and to permit incentive payments for subcontracts awarded to Native Hawaiian small business concerns.  The final rule revises the incentive clause prescription to require inclusion of the clause in all contracts and subcontracts exceeding $500,000.  The rule implements DoD Appropriations Act provisions, and is intended to provide maximum practicable opportunity for Indian organizations and Native Hawaiian small business concerns to perform under DoD contracts.

 

Affected subparts/sections:  226.1; 252.212; 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.

 

Berry Amendment Changes (DFARS Case 2003-D099)

 

Finalizes, without change, an interim rule published on May 13, 2004 (DFARS Change Notice 20040513), to implement statutory provisions that permit exceptions to domestic source requirements in limited situations.  The exceptions apply to the acquisition of (1) food, specialty metals, and hand or measuring tools needed to support contingency operations or to fulfill other urgent requirements; and (2) waste and byproducts of cotton or wool fiber for use in the production of propellants and explosives. 

 

Affected subparts/sections:  None.

 

The Federal Register notice for this rule is available here.