DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20041215 

 

DoD published the following changes to the DFARS on December 15, 2004. 

 

Interim Rule

 

Contract Period for Task and Delivery Order Contracts (DFARS Case 2003-D097/2004-D023)

 

Limits the ordering period of a task or delivery order contract awarded under the authority of 10 U.S.C. 2304a to not more than 10 years, unless the head of the agency determines that exceptional circumstances require a longer ordering period.  This rule revises the interim rule published on March 23, 2004 (DFARS Change Notice 20040323), which contained a 5-year limit on task or delivery order contracts.  The rule implements Section 843 of the National Defense Authorization Act for Fiscal Year 2004 and Section 813 of the National Defense Authorization Act for Fiscal Year 2005.

 

Affected subparts/sections:  217.2; PGI 217.2           

 

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.

 

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

 

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/dars/dfars/transformation/index.htm.  Three of the following changes relocate text to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.  

 

Improper Business Practices and Contractor Qualifications Relating to Debarment, Suspension, and Business Ethics (DFARS Case 2003-D012) 

 

Consolidates text on reporting of improper business practices to the appropriate authorities; updates a contract clause addressing prohibitions on persons convicted of fraud or other defense-contract-related felonies; and relocates to PGI, procedures for referring matters to the agency debarring and suspending official.

 

Affected subparts/sections:  DFARS Table of Contents; Part 203 Table of Contents; 203.0; 203.1; 203.2; 203.3; 203.4; 203.5; 209.1; 209.4; 252.203; PGI 203.5; PGI 209.1; PGI 209.4 

 

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.

 

DoD Pilot Mentor-Protégé Program (DFARS Case 2003-D013)

 

Changes the DoD Pilot Mentor-Protégé Program to authorize the Director, Small and Disadvantaged Business Utilization (SADBU), of each military department or defense agency to approve contractors as mentor firms and to approve mentor-protégé agreements.  The Director, Office of the Secretary of Defense, SADBU, will retain policy and oversight responsibility and will remain the principal budget authority for the Program.  This rule also revises the structure of DFARS Appendix I for clarity and to reflect current Program requirements.

 

Affected subparts/sections:  219.71; Appendix I Table of Contents; Appendix I               

 

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.

 

Competition Requirements (DFARS Case 2003-D017)  

 

Deletes text that is obsolete or duplicative of FAR policy; and relocates procedures for documenting reasons for use of other than full and open competition to PGI.

 

Affected subparts/sections:  Part 206 Table of Contents; 206.0; 206.2; 206.3; PGI 206.2; PGI 206.3      

 

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.

 

Construction and Architect-Engineer Services (DFARS Case 2003-D035)

 

Relocates to PGI, procedures for establishment of evaluation criteria in the selection of firms for architect-engineer contracts; deletes unnecessary text on preselection boards and selection authorities; and replaces a reference to Standard Form 254, Architect-Engineer and Related Services Questionnaire, with a reference to its replacement, Standard Form 330, Architect-Engineer Qualifications. 

 

Affected subparts/sections:  Part 236 Table of Contents; 236.6; PGI 236.6                

 

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.

 

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

 

Final Rules – Legislative

 

Free Trade Agreements – Chile and Singapore (DFARS Case 2003-D088)

 

Finalizes, with changes, the interim rule published on January 13, 2004 (DFARS Change Notice 20040113), to implement new Free Trade Agreements with Chile and Singapore.  The new Free Trade Agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials from Chile and Singapore, and specify procurement procedures designed to ensure fairness.  The changes in the final rule delete text on the applicability of U.S. law to resolve any breach of contract, since this issue is now addressed in the clause at FAR 52.233-4, Applicable Law for Breach of Contract Claim.  The final rule also contains a minor change to clarify procedures for application of the Free Trade Agreements when evaluating foreign offers for supplies.

 

Affected subparts/sections:  225.5; 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.

 

Firefighting Services Contracts (DFARS Case 2003-D107)

 

Finalizes, without change, the interim rule published on June 25, 2004 (DFARS Change Notice 20040625), to implement Section 331 of the National Defense Authorization Act for Fiscal Year 2004.  Section 331 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. 

 

Affected subparts/sections:  None. 

 

The Federal Register notice for this rule is available here.