DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20050412

DoD published the following final and proposed DFARS changes on April 12, 2005:

Final Rule:

Personal Services Contracts (DFARS Case 2003-D103)

Adopts as final, without change, the interim rule published on September 17, 2004 (DFARS Change Notice 20040917). The rule provides authority for DoD to enter into personal services contracts for health care at locations outside of medical treatment facilities, and for urgent or unique services that are to be performed outside the United States or that directly support the mission of a DoD intelligence or counter-intelligence organization or the special operations command. The rule 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: None.

The Federal Register notice for this rule is available here.

Proposed Rules:

Administrative Matters (DFARS Case 2003-D084)

Relocates administrative procedures for signature of contract documents to PGI; deletes unnecessary cross-references; and deletes text on security requirements and IRS reporting requirements that are adequately addressed in the FAR.

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.

Uniform Contract Line Item Numbering (DFARS Case 2003-D082)

Eliminates certain exceptions to requirements for uniform contract line item numbering, to promote standardization in contract writing; and relocates to PGI, procedures for use and numbering of contract exhibits and attachments.

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.

Simplified Acquisition Procedures (DFARS Case 2003-D075)

Updates and consolidates text on the use of imprest funds and third-party drafts; deletes unnecessary cross-references; and relocates to PGI, guidance on the use of unilateral contract modifications and procedures for use of forms for purchases made using simplified acquisition procedures.

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.

Use of the Governmentwide Commercial Purchase Card for Micro-Purchases (DFARS Case 2003-D059)

Lowers the approval level for exceptions to DoD policy for use of the Governmentwide commercial purchase card for actions at or below the micro-purchase threshold, from a general or flag officer or a member of the Senior Executive Service, to the chief of the contracting office. Also adds a new blanket exception that applies if an authorized official renders the agency’s or activity’s purchase card program inactive.

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.

Socioeconomic Programs (DFARS Case 2003-D029)

Relocates policy for contracting with historically black colleges and universities and minority institutions (HBCU/MIs) to a new location within the DFARS, for consistency with the location of FAR policy on this subject; updates the relocated text to exclude information on HBCU/MI contract percentage goals and infrastructure assistance that is unnecessary for inclusion in the DFARS; deletes text on base closures and realignments that duplicates policy found elsewhere in the DFARS; and relocates to PGI, procedures for obtaining funds for incentive payments to contractors that award subcontracts to Indian organizations and enterprises.

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.

Environment, Occupational Safety, and Drug-Free Workplace (DFARS Case 2003-D039)

Deletes unnecessary cross-references and general statements regarding hazard warning labels and a drug-free workplace; relocates text on ozone-depleting substances to a more appropriate location within the DFARS; and relocates to PGI, internal DoD procedures on safety precautions for ammunitions and explosives and use of recovered materials.

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.

Contract Administration (DFARS Case 2003-D023)

Deletes text that is unnecessary or duplicative of FAR policy in the areas of: visits to contractor facilities; conduct of postaward conferences; review and negotiation of contractor costs and billing rates; use of contractor past performance information; and contractor internal controls. Relocates procedures to PGI in the areas of: providing contract administration services to foreign governments and international organizations; coordination between corporate and individual administrative contracting officers; processing of contractor novation and change-of-name agreements; processing of voluntary refunds from contractors; and providing technical representatives at contractor facilities. Updates the clause on contractor material management and accounting systems for consistency with policy found in the prescriptive DFARS text.

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.

Subcontracting Policies and Procedures (DFARS Case 2003-D025)

Clarifies Government responsibilities for conducting reviews of contractor purchasing systems; updates a reference to a FAR clause on contracts for commercial items; and relocates to PGI, examples of weaknesses in a contractor’s purchasing system that may indicate the need for a review.

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.