DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20041122

 

DoD published the following changes and proposed changes to the DFARS on November 22, 2004. 

 

Final Rules – DFARS Transformation

 

The following changes are a result of DFARS Transformation, which is a major DoD initiative to dramatically change the purpose and content of the DFARS.  Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.  

 

Protection of Privacy and Freedom of Information (DFARS Case 2003-D038)

 

Deletes text pertaining to the applicability of the Privacy Act to certain contractor records.  This subject is adequately addressed in DoD Regulation 5400.11-R, Department of Defense Privacy Program, which is referenced in the DFARS.

 

Affected subparts/sections:  Part 224 Table of Contents; 224.1               

 

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.

 

Contractor Use of Government Supply Sources (DFARS Case 2003-D045)

 

Clarifies contractor requirements for payment of invoices from Government supply sources; and relocates procedures for authorizing contractor use of Government supply sources to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.

 

Affected subparts/sections:  Part 251 Table of Contents; 251.1; 252.251; PGI 251.1              

 

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.

 

A Microsoft Word format document showing the text added to PGI is here.

 

Removal of Obsolete Research and Development Contracting Procedures (DFARS Case 2003-D058) 

 

Deletes a standard format previously used for research and development solicitations and contracts.  The format has become obsolete due to further advances in technology since its creation.

 

Affected subparts/sections:  DFARS Table of Contents; Part 235 Table of Contents; 235.70               

 

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.

 

Small Disadvantaged Businesses and Leader Company Contracting (DFARS Case 2003-D092)

 

Lowers the approval level for subcontracting plans that contain a small disadvantaged business goal of less than five percent, from two levels above the contracting officer to one level above the contracting officer.  Also deletes text addressing the participation of small disadvantaged business concerns in leader company contracting.  DoD rarely uses leader company contracting and, instead, provides incentives for major DoD contractors to assist small disadvantaged business concerns through the DoD Pilot Mentor-Protégé Program.

 

Affected subparts/sections:  DFARS Table of Contents; Part 217 Table of Contents; 217.4; 219.7              

 

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.

 

Final Rules – Legislative

 

Written Assurance of Technical Data Conformity (DFARS Case 2003-D104)

 

Finalizes, without change, an interim rule published on June 8, 2004 (DFARS Change Notice 20040608), to implement Section 844 of the National Defense Authorization Act for Fiscal Year 2004.  Section 844 eliminated the requirement for a contractor to furnish written assurance that delivered technical data is complete and accurate and complies with contract requirements.  The rule reduces paperwork for contractors, but does not diminish the contractor’s obligation to provide technical data that is complete, accurate, and in compliance with contract requirements.

 

Affected subparts/sections:  None.              

 

The Federal Register notice for this rule is available here. 

 

Contracting for Architect-Engineer Services (DFARS Case 2003-D105)

 

Finalizes, without change, an interim rule published on June 8, 2004 (DFARS Change Notice 20040608), to implement Section 1427 of the National Defense Authorization Act for Fiscal Year 2004.  Section 1427 increased, from $85,000 to $300,000, the threshold below which acquisitions for architect-engineer services for military construction or family housing projects are set aside for small business concerns.  The rule increases opportunities for small business concerns to provide architect-engineer services to DoD. 

 

Affected subparts/sections:  None.               

 

The Federal Register notice for this rule is available here.

 

Technical Amendments

 

Updates the Internet address for DoD specifications and standards.

 

Affected subparts/sections:  211.2                      

 

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.

 

Proposed Rules – DFARS Transformation

 

Basic Agreements for Telecommunications Services (DFARS Case 2003-D056)

 

Proposed change relocates procedures for use of basic agreements for telecommunications services to the new DFARS companion resource, Procedures, Guidance, and Information (PGI).  Basic agreements are used in conjunction with communication service authorizations.

 

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.

 

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

 

Update of Clauses for Telecommunications Services (DFARS Case 2003-D053)

 

Proposed change deletes an obsolete clause and revises the applicability of certain clauses used in telecommunications services contracts.  The clauses being revised are presently applicable only to common carriers (those subject to Federal Communications Commission or other governmental regulation).  The proposed change will make the clauses applicable to both common and noncommon carriers, since the differences between common and noncommon carriers have become less distinct. 

 

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.

 

Information Technology Equipment – Screening of Government Inventory (DFARS Case 2003-D054)

 

Proposed change deletes obsolete procedures for screening of Government inventory before authorizing a contractor to purchase information technology equipment.  DoD now manages information technology equipment in the same manner as other Government property, in accordance with FAR Part 45 and DFARS Part 245.

 

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.