2002 Change Notices (Archived)

DoD published 1 proposed and 3 final DFARS rules in the Federal Register on December 20, 2002. The final rules apply to solicitations issued on or after December 20, 2002, except as otherwise permitted by FAR 1.108(d). The proposed rule solicits public comments, which are due by February 18, 2003. A summary of each rule follows:

Final Rules

Extension of DoD Pilot Mentor-Protégé Program (DFARS Case 2002-D029)

Affected subparts/sections: 219.71; 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.

Trade Agreements Act - Exception for U.S.-Made End Products (DFARS Case 2002-D008)

Affected subparts/sections:  225.0; 225.1; 225.4; 225.5; 225.11; 225.75; Part 252 Table of Contents; 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.

Technical Amendments

Changes the DFARS to update titles, section numbers, and paragraph designations.

Affected subparts/sections:  208.0; 208.70; 252.242; Appendix G, Part 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 Rule:

Purchase Card Internal Controls (DFARS Case 2002-D025)

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.

DFARS Change Notice 20021122

DoD published 2 proposed and 2 final DFARS rules in the Federal Register on November 22, 2002.  The final rules apply to solicitations issued on or after November 22, 2002, except as otherwise permitted by FAR 1.108(d).  The proposed rules solicit public comments, which are due by January 21, 2003.  A summary of each rule follows:

Final Rules:

Foreign Military Sales Customer Involvement (DFARS Case 2002-D005)

Affected subparts/sections:  Part 225 Table of Contents; 225.73    

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.

Technical Amendments

Affected subparts/sections:  216.5; 251.1; 252.212; Appendix G, Parts 2 and 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.

Proposed Rules:

Provisional Award Fee Payments (DFARS Case 2001-D013)

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.

Indian Incentive Clause - Contract Types (DFARS Case 2002-D013)

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.

DFARS Change Notice 20021025

DoD published 1 proposed and 5 final DFARS rules in the Federal Register on October 25, 2002.  The final rules apply to solicitations issued on or after October 25, 2002, except as otherwise permitted by FAR 1.108(d) (but see additional applicability requirements for DFARS Case 2001-D017).  The proposed rule solicits public comments, which are due by December 24, 2002. A summary of each rule follows:

Final Rules:

Competition Requirements for Purchase of Services Under Multiple Award Contracts (DFARS Case 2001-D017)
Changes the DFARS to strengthen procedures for competition when DoD or other Federal agencies place orders exceeding $100,000 for services under Federal Supply Schedules and multiple award contracts to meet DoD requirements.  The final rule implements Section 803 of the National Defense Authorization Act for Fiscal Year 2002.  These procedures apply to orders placed on or after October 25, 2002, regardless of whether the multiple award contracts were awarded before, on, or after that date.  

DoD has developed training tools on the procedures in this rule and will provide training in the Washington, DC, metropolitan area.  DoD and civilian agency personnel that place, or develop requirements for, orders under multiple award contracts using DoD funds, and companies that sell services through multiple award contracts, should seek training on these procedures.  Please visit the Defense Procurement and Acquisition Policy Home Page, "Interest Items" drop-down box, for Section 803 training materials and lists of training opportunities at http://www.acq.osd.mil/dpap.

Affected subparts/sections:  DFARS Table of Contents; Part 208 Table of Contents; 208.4; Part 216 Table of Contents; 216.5    

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.

Enterprise Software Agreements (DFARS Case 2000-D023)
Changes the DFARS to add procedures implementing DoD's Enterprise Software Initiative (ESI) requirements.  ESI, sponsored by the DoD Chief Information Officer requires requiring officials and contracting officers to first review established Enterprise Software Agreements (ESAs) with companies to obtain favorable terms and pricing for commercial software and related services.  ESI does not dictate the products or services to be acquired and provides flexibility to use other vehicles if the ESA doesn't represent best value. 

 Additional information on the Enterprise Software Initiative can be found at http://www.don-imit.navy.mil/esi.

Affected subparts/sections:  DFARS Table of Contents; Part 208 Table of Contents; 208.0; 208.74; Part 239 Table of Contents; 239.1; 251.1; 252.251

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.

Contracting Officer Qualifications (DFARS Case 2002-D021)

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.

Performance-Based Contracting Using FAR Part 12 Procedures (DFARS Case 2000-D306)

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.

Caribbean Basin Country - Honduras (DFARS Case 2002-D028)

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 Rule:

Transportation of Supplies by Sea - Commercial Items

(DFARS Case 2002-D019)

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.

In addition, DoD published the following proposed rule in the Federal Register on October 7, 2002.  Comments are due by December 6, 2002:

Foreign Acquisition (DFARS Case 2002-D009)

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.

DFARS Change Notice 20021001

The DFARS has been updated to incorporate new DD Form 350 reporting requirements and technical amendments. These changes are effective on October 1, 2002, and are summarized below:

Reporting Requirements Update (DFARS Case 2002-D010)

This final rule provides DD Form 350 reporting requirements for Fiscal Year 2003 contracting actions. The new reporting requirements include changes related to indefinite-delivery contracts, performance-based service contracts, the SBA/OFPP pilot program for acquisition of services from small business concerns, purchases made using the Governmentwide purchase card, and purchases made by a DoD agency on behalf of another DoD or non-DoD agency.

Affected subparts/sections: 204.6; 253.204; DD Form 350

The Federal Register notice for this rule is available here . A correction to this notice is here .

A Microsoft Word format document showing all additions and deletions made by this rule is here.

Technical Amendments

This final rule updates activity names and addresses and references to DoD publications.

Affected subparts/sections: 206.3; 207.1; 217.76; 223.71; 237.1; 242.11; 245.4; 245.6; 247.3; Appendix G, Part 6

See the Federal Register notice

A Microsoft Word format document showing all additions and deletions made by this rule is here.

Change Notice 20020730

DoD published 1 proposed and 5 final DFARS rules in the Federal Register on July 30, 2002. The final rules apply to solicitations issued on or after July 30, 2002, except as otherwise permitted by FAR 1.108(d). The proposed rule solicits public comments, which are due by September 30, 2002. A summary of each rule follows:

Proposed Rule:

Trade Agreements Act - Exception for U.S.-Made End Products (DFARS Case 2002-D008)
See the Federal Register notice and line-in/line-out.

Final Rules:

Weighted Guidelines Form (DFARS Case 2002-D012)
See the Federal Register notice and line-in/line-out.

Institutions of Higher Education (DFARS Case 1999-D303)
See the Federal Register notice and line-in/line-out.

Partnership Agreement Between DoD and the Small Business Administration (DFARS Case 2001-D016)
See the Federal Register notice and line-in/line-out.

Trade Agreements Thresholds - Construction (DFARS Case 2002-D011)
See the Federal Register notice and line-in/line-out.

Technical Amendments
See the Federal Register notice and line-in/line-out.

In addition, the following DFARS rule was published in the Federal Register on July 12, 2002, and will become effective on October 1, 2002:

Reporting Requirements Update (DFARS Case 2002-D010)
See the Federal Register notice and line-in/line-out.

DFARS Change Notice 20020531

DoD published 1 proposed and 3 final DFARS rules in the Federal Register on May 31, 2002. The final rules apply to solicitations issued on or after May 31, 2002, except as otherwise permitted by FAR 1.108(d). The proposed rule solicits public comments, which are due by July 30, 2002. A summary of each rule follows:

Proposed Rule:

Electronic Submission and Processing of Payment Requests (DFARS Case 2002-D001)
This rule proposes to add requirements for contractors to submit requests for payment in electronic form, and for DoD to process requests for payment and supporting documentation in electronic form. The rule implements 10 U.S.C. 2227, which requires electronic submission and processing of requests for payment under all DoD contracts by October 1, 2002, unless an exception applies.

See the Federal Register notice and line-in/line-out.

Final Rules:

Ocean Transportation by U.S.-Flag Vessels (DFARS Case 2000-D014)
This final rule specifies that requirements for use of U.S.-flag vessels, in the transportation of supplies by sea, apply to contracts at or below the simplified acquisition threshold as well as those that exceed the simplified acquisition threshold. The rule adds a new Alternate III to the clause at DFARS 252.247-7023, Transportation of Supplies by Sea, for use in contracts at or below the simplified acquisition threshold.

Affected subparts/sections: 213.3; 247.5; 252.212; 252.247

See the Federal Register notice and line-in/line-out.

Subcontract Commerciality Determinations (DFARS Case 2000-D028)
This final rule specifies that the contractor is responsible for determining whether a subcontract item meets the definition of "commercial item", and that the administrative contracting officer will review the contractor's commercial item determinations when conducting a Contractor Purchasing System Review.

Affected subparts/sections: Part 244 Table of Contents; 244.3; 244.4

See the Federal Register notice and line-in/line-out.

Utilization of Indian Organizations and Indian-Owned Economic Enterprises (DFARS Case 2000-D024)
The interim rule issued in Change Notice 20010911 is converted to a final rule without change. The rule added a new clause at DFARS 252.226-7001 to permit incentive payments to DoD contractors, and subcontractors at any tier, that use Indian organizations and Indian-owned economic enterprises as subcontractors.

Affected subparts/sections: None

See the Federal Register notice and line-in/line-out is not applicable.

Change Notice 20020426

DoD published 1 proposed, 2 interim, and 4 final DFARS rules in the Federal Register on April 26, 2002. The interim and final rules apply to solicitations issued on or after April 26, 2002, except as otherwise permitted by FAR 1.108(d). The proposed and interim rules solicit public comments, which are due by June 25, 2002. A summary of each rule follows:

Proposed Rule:

Foreign Military Sales Customer Involvement (DFARS Case 2002-D005)
See the Federal Register notice and line-in/line-out.

Interim Rules:

Competition Requirements for Purchases from a Required Source (DFARS Case 2002-D003)
See the Federal Register notice and line-in/line-out.

Codification and Modification of Berry Amendment (DFARS Case 2002-D002)
See the Federal Register notice and line-in/line-out.

Final Rules:

Changes to Profit Policy (DFARS Case 2000-D018)
See the Federal Register notice and line-in/line-out.

Balance of Payments Program (DFARS Case 2000-D020)
See the Federal Register notice and line-in/line-out.

NAFTA Procurement Threshold (DFARS Case 2002-D007)
See the Federal Register notice and line-in/line-out.

Research and Development Streamlined Contracting Procedures (DFARS Case 2001-D002)
See the Federal Register notice and line-in/line-out.

Change Notice 20020314

DoD published 1 proposed, 2 interim, and 3 final DFARS rules in the Federal Register on March 14, 2002, as listed below. The interim and final rules apply to solicitations issued on or after March 14, 2002, except as otherwise permitted by FAR 1.108(d). The proposed and intrim rules solicit public comments, which are due by May 13, 2002.

Interim Rules:

Partnership Agreements Between DoD and The Small Business Administration (DFARS Case 2001-D016)
See the Federal Register notice and line-in/line-out.

Performance of Security Functions (DFARS Case 2001-D018)
See the Federal Register notice and line-in/line-out.

Final Rules:

Restrictions on Acquisition of Vessel Propellers (DFARS Case 2002-D006)
See the Federal Register notice and line-in/line-out.

Preference for Local 8(a) Contractors-Base Closure or Realignment (DFARS Case 2001-D007)
See the Federal Register notice and line-in/line-out.

DoD Pilot Mentor-Protege Program (DFARS Case 2001-D006)
See the Federal Register notice.

Proposed Rule:

Restriction on Contingent Fees for Foreign Military Sales-Commercial Items (DFARS Case 2000-D029)
See the Federal Register notice and line-in/line-out.

Change Notice 20020129

DoD published 1 proposed and 5 final DFARS rules in the Federal Register on January 29, 2002, as listed below. The final rules apply to solicitations issued on or after January 29, 2002, except as otherwise permitted by FAR 1.108(d). The proposed rule solicit public comments, which are due by Apil 1, 2002.

Final Rules:

Memorandum of Understanding - Switzerland (DFARS Case 2001-D019)
See the Federal Register notice and line-in/line-out.

Caribbean Basin Counry End Products (DFARS Case 2000-D302)
See the Federal Register notice.

Tax Exemptions (Italy) (DFARS Case 2000-D027)
See the Federal Register notice and line-in/line-out.

Veterans Employment Emphasis (DFARS Case 2000-D314)
See the Federal Register notice and line-in/line-out.

Technical Amendments

This final rule makes administrative changes to the DFARS.
See the Federal Register notice and line-in/line-out.

Proposed Rule:

Enterprise Software Agreements (DFARS Case 2000-D023)
See the Federal Register notice and line-in/line-out.