DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20050726

 

DoD published the following changes and proposed changes to the DFARS on July 26, 2005:

 

Interim Rules:

 

Sole Source 8(a) Awards to Small Business Concerns Owned by Native Hawaiian Organizations (DFARS Case 2004-D031)

 

Permits sole source awards to small business concerns owned by Native Hawaiian organizations, for manufacturing contracts exceeding $5,000,000 and non-manufacturing contracts exceeding $3,000,000 under the 8(a) Program.Competition normally is required for 8(a) awards of these dollar values, except for awards to Indian tribes or Alaska Native Corporations.This change provides small business concerns owned by Native Hawaiian organizations the same status that is provided to Indian tribes and Alaska Native Corporations under the 8(a) Program.The change implements provisions of the DoD appropriations acts for fiscal years 2004 and 2005.

 

Affected subparts/sections:Part 219 Table of Contents; 219.8

 

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.

 

Business Restructuring CostsóDelegation of Authority to Make Determinations Relating to Payment (DFARS Case 2004-D026)

 

Authorizes the Director of the Defense Contract Management Agency to make determinations of savings related to contractor restructuring costs that are expected to be less than $25 million over a 5-year period; removes unnecessary references to requirements for certifications for business combinations that occurred before November 1997; and clarifies requirements for projected restructuring costs and savings to be computed on a present value basis.Implements 10 U.S.C. 2325 as amended by Section 819 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375).

 

Affected subparts/sections:231.2; PGI 231.2

 

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 additions and deletions to PGI is here.

 

Final Rule:

 

Berry Amendment Memoranda (DFARS Case 2004-D035)

 

Specifies the DoD officials that are authorized to make determinations regarding the nonavailability of domestic items to fulfill DoD requirements; addresses the documentation needed to support such determinations; and requires congressional notification of such determinations that are related to the acquisition of titanium or products containing titanium.Implements policy memoranda issued by the Deputy Secretary of Defense and the Under Secretary of Defense (Acquisition, Technology, and Logistics) on DoD implementation of the domestic source requirements of 10 U.S.C. 2533a (The Berry Amendment).

 

Affected subparts/sections:225.70; PGI 225.70

 

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.

 

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

 

Proposed Rule:

 

Transportation(DFARS Case 2003-D028)

 

Proposed change deletes text on transportation matters that are sufficiently addressed in the FAR or in DoD transportation regulations; clarifies requirements for inclusion of shipping instructions in solicitations and contracts; and relocates to PGI, procedures for contracting for the preparation of property for storage or shipment and for the preparation of consignment instructions.

 

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 addition to PGI is here.