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2008 Change Notices (Archived)

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20081218

On December 18, 2008, DoD published the following changes to the DFARS:

Interim Rule:

Para-Aramid Fibers and Yarns Manufactured in a Qualifying Country (DFARS Case 2008-D024)

Implements a determination made by the Under Secretary of Defense for Acquisition, Technology, and Logistics, with regard to the acquisition of items containing para-aramid fibers and yarns manufactured in a foreign country. The determination authorizes DoD to acquire articles containing para-aramid fibers and yarns manufactured in foreign countries that have entered into a defense memorandum of understanding with the United States.

Affected subparts/sections: 225.0; 225.70; 252.212; 252.225

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Final Rules:

Payment Protections for Subcontractors and Suppliers – Deletion of Duplicative Text (DFARS Case 2008-D021)

Updates the list of laws inapplicable to contracts and subcontracts for the acquisition of commercial items. The rule removes a law addressing payment protections for subcontractors and suppliers from the DFARS list, since this law has been added to the FAR list of laws inapplicable to contracts and subcontracts for the acquisition of commercial items.

Affected subparts/sections: 212.5

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendments

Updates contact information for the Department of Justice in a DFARS clause.

Affected subparts/sections: 252.203

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20081124

On November 24, 2008, DoD published the following changes to the DFARS:

Final Rules:

Reports of Government Property (DFARS Case 2005-D015)

Revises and finalizes the interim rule published on September 13, 2007 (DFARS Change Notice 20070913) to require reporting of DoD property in the possession of contractors through the DoD Item Unique Identification (IUID) Registry. The changes in the final rule clarify the types of property that must be recorded in the DoD IUID Registry and the procedures for updating the Registry.

Affected subparts/sections: Part 211 Table of Contents; 211.2; Part 252 Table of Contents; 252.211

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Limitations on DoD Non-Commercial Time-and-Materials Contracts (DFARS Case 2007-D021)

Addresses review and documentation requirements with regard to the use of time-and-materials contracts for the acquisition of non-commercial services. The rule provides for the same level of review for both commercial and non-commercial DoD time-and-materials contracts.

Affected subparts/sections: 216.6

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Carriage Vessel Overhaul, Repair, and Maintenance (DFARS Case 2007-D001)

Revises and finalizes the interim rule published on August 28, 2007 (DFARS Change Notice 20070828) to implement Section 1017 of the National Defense Authorization Act for Fiscal Year 2007. Section 1017 requires the use of an evaluation criterion, in obtaining carriage of cargo by vessel, that considers the extent to which an offeror has had vessel overhaul, repair, and maintenance work performed in shipyards located in the United States or Guam. The final rule contains changes that clarify the rule and the procedures for use of the evaluation criterion.

Affected subparts/sections: 247.5; 252.247

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Least Developed Countries that are Designated Countries (DFARS Case 2008-D019)

Updates the list of “least developed” countries that are designated as eligible countries under the Trade Agreements Act, to add Liberia and to remove Cape Verde, in accordance with direction from the United States Trade Representative.

Affected subparts/sections: 252.212; 252.225

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendments

Updates references and the list of Army contracting activities.

Affected subparts/sections: 201.2; 202.1; 213.3; 215.4

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20081112

On November 12, 2008, DoD made the following change to the DFARS companion resource, Procedures, Guidance, and Information:

Briefing Requirement for Protested Acquisitions Valued at $1 Billion or More

Addresses the requirement for a briefing to the Director, Defense Procurement and Acquisition Policy, in the event of a protest of a competitively awarded Major Defense Acquisition Program or of an acquisition of services valued at $1 billion or more.

Affected subparts/sections: PGI 233.1

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


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20081027

On October 27, 2008, DoD published the following proposed DFARS rule:

Protection of Human Subjects in Research Projects (DFARS Case 2007-D008)

Addresses requirements for the protection of human subjects involved in research projects. The proposed rule contains a clause for use in contracts that include or may include research involving human subjects.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20081020

On October 20, 2008, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rule:

Evaluation Factor for Use of Members of the Selected Reserve (DFARS Case 2006-D014)

Authorizes the use of a source selection evaluation factor that considers whether an offeror intends to perform a contract using employees or individual subcontractors who are members of the Selected Reserve, and requires offerors to submit documentation supporting any stated intent to use such employees or subcontractors. The rule contains a solicitation provision and a contract clause addressing the evaluation factor and the obligations of a contractor awarded a contract based on the evaluation factor.

Affected subparts/sections: Part 215 Table of Contents; 215.3; Part 252 Table of Contents; 252.215; PGI 215.3

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

Proposed Rule:

Clarification of Central Contractor Registration and Procurement Instrument Identification Data Requirements (DFARS Case 2008-D010)

Addresses requirements for ensuring that contract documents contain contractor information that is accurate and consistent with the information in the Central Contractor Registration (CCR) database; for confirming the accuracy of a contractor’s CCR information before exercising a contract option; and for proper assignment of procurement instrument identification numbers.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

A Microsoft Word format document showing the text proposed for addition to PGI is here.

Technical Amendments

Updates have been made to the DFARS Table of Contents and the Table of Contents for Part 213.

Affected subparts/sections: DFARS Table of Contents; Part 213 Table of Contents

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080924

On September 24, 2008, DoD published the following proposed DFARS rule:

Government Property (DFARS Case 2007-D020)

Updates DFARS text addressing management of Government property in the possession of contractors, for consistency with changes made to the Federal Acquisition Regulation.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080915

On September 15, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Acquisitions in Support of Operations in Iraq or Afghanistan (DFARS Case 2008-D002)

Provides special procedures for use in the acquisition of products or services in support of operations in Iraq or Afghanistan. Implements Sections 886 and 892 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: DFARS Table of Contents; Part 206 Table of Contents; 206.3; Part 225 Table of Contents; 225.4; 225.5; 225.11; 225.75; 225.77; Part 252 Table of Contents; 252.225; PGI 225.77

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

Security-Guard Functions (DFARS Case 2006-D050)

Extends, with certain limitations, the period during which contractor performance of security-guard functions at military installations or facilities is authorized to fulfill additional requirements resulting from the terrorist attacks on the United States on September 11, 2001. Implements Section 333 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: 237.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Final Rules:

Limitation on Service Contracts for Military Flight Simulators (DFARS Case 2008-D013)

Amends the conditions under which DoD may waive the prohibition on entering into a service contract to acquire a military flight simulator. Implements Section 883(b) of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: 237.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendments

Adds the U.S. Transportation Command to the list of DoD contracting activities at DFARS 202.101; and updates a clause date in the list of clauses at DFARS 252.212-7001.

In addition, references to DoD Class Deviation 2008-O0006, Contract Actions Supporting Contingency Operations or Facilitating Defense Against or Recovery from Nuclear, Biological, Chemical, or Radiological Attack, have been added in the applicable subparts. DoD Class Deviation 2008-O0006 was issued on September 3, 2008, and is available at http://www.acq.osd.mil/dpap/dars/class_deviations.html.

Affected subparts/sections: 202.1; 212.1; 213.2; 213.5; 218.2; 252.212

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080818

On August 18, 2008, DoD published the following proposed DFARS rule for public comment:

U.S.-International Atomic Energy Agency Additional Protocol (DFARS Case 2004-D003)

The proposed rule contains a contract clause requiring contractors to notify DoD if their activities are subject to reporting under the U.S.-International Atomic Energy Agency Additional Protocol. The clause would be included in contracts for research and development or major defense acquisition programs involving fissionable materials, other radiological source materials, or technologies directly related to nuclear power production.

The Federal Register notice for this proposed rule is here.

A Microsoft Word format document showing the proposed changes to the DFARS is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080812

On August 12, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Competition Requirements for Purchases from Federal Prison Industries (DFARS Case 2008-D015)

Adds requirements for the use of competitive procedures in the acquisition of items for which Federal Prison Industries has a significant share of the DoD market. Implements Section 827 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: DFARS Table of Contents; Part 208 Table of Contents; 208.6

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Final Rules:

Item Identification and Valuation Clause Update (DFARS Case 2007-D007)

Revises the clause at DFARS 252.211-7003, Item Identification and Valuation, to update and clarify requirements for unique identification and valuation of items delivered under DoD contracts.

Affected subparts/sections: 252.211

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Small Business Program Name Change (DFARS Case 2008-D001)

Reflects the redesignation of the "Office of Small and Disadvantaged Business Utilization" to the "Office of Small Business Programs" within DoD. The redesignation resulted from Section 904 of the National Defense Authorization Act for Fiscal Year 2006.

Affected subparts/sections: 219.2; 219.10; 219.71; 252.219; Appendix I; PGI 219.6; PGI 226.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS and PGI changes resulting from this rule is here.

Conforming Changes - Standards of Conduct and Extraordinary Contractual Actions (DFARS Case 2008-D004)

Updates DFARS and PGI text addressing contractor standards of conduct and the handling of extraordinary contractual actions, for consistency with changes made to the FAR.

Affected subparts/sections: DFARS Table of Contents; Part 203 Table of Contents; 203.10; 203.70; Part 250 Table of Contents; 250.0; 250.1; 250.2; 250.3; 250.4; Part 252 Table of Contents; 252.203; PGI 250.1; PGI 250.3

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS and PGI changes resulting from this rule is here.

Ship Critical Safety Items (DFARS Case 2007-D016)

Finalizes, without change, an interim rule published on January 10, 2008, to establish requirements for quality control in the procurement, modification, repair, and overhaul of ship critical safety items. The rule implements Section 130 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Trade Agreements - New Thresholds (DFARS Case 2007-D023)

Finalizes, without change, an interim rule published on January 24, 2008, to incorporate increased dollar thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

DFARS Technical Amendments

Updates headings, reference numbers, and a form title.

Affected subparts/sections: DFARS Table of Contents; Part 208 Table of Contents; 208.7; 236.5; 252.235

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

PGI Technical Amendments:

Updates headings, reference numbers, and Internet addresses.

Affected subparts/sections: PGI 208.7; PGI 209.2; PGI 237.1; PGI 246.4

A Microsoft Word format document showing the PGI changes is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080722

On July 22, 2008, DoD published changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI) to add a requirement for submission of a report to the Director, Defense Procurement and Acquisition Policy, if it is necessary to terminate a contract for cause or default.

Affected subparts/sections: PGI 212.4; PGI 249.4

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080721

On July 21, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Export-Controlled Items (DFARS Case 2004-D010)

Addresses requirements for contractor compliance with export control laws and regulations. Adds two new clauses to be used when export-controlled items, including information or technology, may be involved during contract performance. Implements Section 890(a) of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: DFARS Table of Contents; Part 204 Table of Contents; 204.73; Part 235 Table of Contents; 235.0; Part 252 Table of Contents; 252.204; 252.235; PGI 204.73

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

PGI Technical Amendments:

Updates an office symbol in the listing of DLA Integrated Materiel Management points of contact at PGI 208.7003-1; and reinstates text at 225.7403 that was inadvertently deleted during a prior update.

Affected subparts/sections: 208.70; 225.74

Proposed Rule:

Restriction on Acquisition of Specialty Metals (DFARS Case 2008-D003)

Addresses statutory restrictions on the acquisition of specialty metals not melted or produced in the United States. Implements Section 842 of the National Defense Authorization Act for Fiscal Year 2007 and Sections 804 and 884 of the National Defense Authorization Act for Fiscal Year 2008.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

A Microsoft Word format document showing the text proposed for addition to PGI is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080513

On May 13, 2008, DoD published the following DFARS changes:

Interim Rule:

Excessive Pass-Through Charges (DFARS Case 2006-D057)

Implements statutory provisions that prohibit the payment of excessive pass-through charges on DoD contracts and subcontracts. As a result of public comments received on a previous interim rule, this second interim rule contains changes that clarify the requirements of the rule and establish a threshold for applicability of the rule that is consistent with the cost or pricing data threshold.

Affected subparts/sections: 215.4; 231.2; 252.215

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendments:

Updates the Internet address for DoD order code assignments and updates a cross-reference in a clause prescription.

Affected subparts/sections: 204.70; 252.211

The Federal Register notice for the technical amendments is available here.

A Microsoft Word format document showing the DFARS changes made by the technical amendments is here.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080423

On April 23, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rule:

Earned Value Management Systems (DFARS Case 2005-D006)

Addresses requirements for DoD contractors to establish and maintain earned value management systems for cost or incentive contracts valued at $20,000,000 or more.

Affected subparts/sections: DFARS Table of Contents; Part 234 Table of Contents; 234.0; 234.2; Part 242 Table of Contents; 242.11; Part 252 Table of Contents; 252.234; 252.242; PGI 234.2; PGI 242.11

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

Extension of Authority to Carry Out Certain Prototype Projects (DFARS Case 2008-D008)

Extends, from September 30, 2008, to September 30, 2013, the expiration date of the pilot program for transition to follow-on contracting after use of other transaction authority. Items that do not otherwise meet the definition of "commercial item" may be treated as commercial items in the award of contracts and subcontracts under the pilot program.

Affected subparts/sections: 212.70

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Deletion of Obsolete Restriction on Acquisition of Vessel Propellers (DFARS Case 2007-D027)

Removes text addressing an obsolete restriction on the acquisition of vessel propellers from foreign sources. The statute upon which the restriction was based applied only to acquisitions using fiscal year 2000 or 2001 funds.

Affected subparts/sections: Part 225 Table of Contents; 225.70; Part 252 Table of Contents; 252.225

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Technical Amendments

Amends DFARS Subpart 201.6 to update the subpart heading and to update references to a DoD publication addressing career development.

Affected subparts/sections: DFARS Table of Contents; Part 201 Table of Contents; 201.6; PGI 201.6

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Proposed Rules:

Quality Assurance Authorization of Shipments of Supplies (DFARS Case 2005-D024)

Revises the criteria under which a contract administration office may permit a contractor to release supplies for shipment without Government authorization of the shipping documents. The revised criteria focus on product complexity and criticality and the contractor's record of quality control.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

Limitations on DoD Non-Commercial Time-and-Materials Contracts (DFARS Case 2007-D021)

Addresses review and documentation requirements with regard to the use of time-and-materials contracts for the acquisition of non-commercial services. The proposed rule provides for the same level of review for both commercial and non-commercial DoD time-and-materials contracts.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

PGI Changes:

Electronic Document Access (PGI Case 0000-P076)

Adds the DoD Electronic Document Access system to the distribution list for contracts and modifications.

Affected subparts/sections: PGI 204.2

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080331

On March 31, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rule:

Contractor Personnel Authorized to Accompany U.S. Armed Forces (DFARS Case 2005-D013)

This rule revises and finalizes the interim rule published on June 16, 2006 (DFARS Change Notice 20060616) regarding contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. The final rule addresses requirements for use of the Synchronized Predeployment and Operational Tracker (SPOT) system for maintaining data on contractor personnel accompanying the Armed Forces. In addition, the final rule contains a new DFARS Subpart 225.3 to supplement the FAR rule published as Item I of Federal Acquisition Circular 2005-24 on February 28, 2008, relating to contracts performed outside the United States.

Affected subparts/sections: DFARS Table of Contents; Part 225 Table of Contents; 225.3; 225.74; 252.225; PGI 225.74

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

PGI Technical Amendments:

PGI 242.1203 is amended to update the list of offices that must be notified in the event of a contractor novation or change-of-name agreement.

Affected subparts/sections: PGI 242.12

Order Code Assignments:

Updates have been made to the Navy order code assignment list at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080303

On March 3, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Mandatory Use of Wide Area WorkFlow (DFARS Case 2006-D049)

Requires use of the Wide Area WorkFlow (WAWF) electronic system for submitting and processing payment requests and receiving reports under DoD contracts. WAWF, when fully implemented, will eliminate paper documents, eliminate redundant data entry, improve data accuracy, reduce the number of lost or misplaced documents, and result in more timely payments to contractors.

Affected subparts/sections: DFARS Table of Contents; Part 232 Table of Contents; 232.70; Part 252 Table of Contents; 252.212; 252.232; 252.246; Appendix F

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Codification and Modification of Berry Amendment (DFARS Case 2002-D002)

Finalizes, with changes, an interim rule published on April 26, 2002 (DFARS Change Notice 20020426) addressing domestic source requirements. The changes in the final rule clarify an exception to domestic source requirements that applies to incidental amounts of cotton, other natural fibers, or wool incorporated in an end product.

Affected subparts/sections: 225.70; 252.212; 252.225

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

PGI Changes

PGI 225.7002-3 has been updated to provide guidance on Class Deviation 2008-O0002, Implementation of New Specialty Metals Restriction, issued on January 29, 2008.

Links to documents addressing energy savings performance contracting have been added to the Policy and Information tabs in PGI Subpart 223.2.

The document "DoD Policy and Guidelines for Acquisitions Involving Environmental Sampling or Testing" has been added to the Policy tab in PGI Subpart 223.7.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080124

On January 24, 2008, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Research and Development Contract Type Determination (DFARS Case 2006-D053)

Adds policy regarding selection of contract type for major development programs. Requires assessment of program risk and documentation of the basis for selection of contract type. Implements Section 818 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: 234.0; 235.0

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Trade Agreements - New Thresholds (DFARS Case 2007-D023)

Incorporates increased dollar thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

Affected subparts/sections: 225.11; 225.75

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Final Rules:

Commercial Item Determinations (DFARS Case 2007-D005)

Addresses documentation requirements with regard to decisions to use FAR Part 12, Acquisition of Commercial Items. Requires contracting officers to prepare a written determination that the definition of "commercial item" has been met, when using FAR Part 12 for acquisitions exceeding $1 million in value.

Affected subparts/sections: Part 207 Table of Contents; 207.1; 212.1; PGI 212.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

Closeout of Contract Files (DFARS Case 2006-D045)

Relocates text, addressing internal DoD procedures for closeout of contract files, to the DFARS companion resource, Procedures, Guidance, and Information.

Affected subparts/sections: Part 204 Table of Contents; 204.8; 244.3; PGI 204.8

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

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

Payment Withholding - Deletion of Duplicative Text (DFARS Case 2007-D010)

Removes text addressing withholding of payments under time-and-materials and labor-hour contracts. The DFARS text is no longer necessary, since similar policy has been added to the FAR.

Affected subparts/sections: Part 232 Table of Contents; 232.1; Part 252 Table of Contents; 252.232

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Combating Trafficking in Persons (DFARS Case 2004-D017)

Removes text addressing prohibitions on contractor activities involving trafficking in persons. The DFARS text is no longer necessary, since policy on this subject has been added to the FAR.

Affected subparts/sections: 212.3; Part 222 Table of Contents; 222.17; Part 252 Table of Contents; 252.222; PGI 222.17

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the changes made to PGI is here.

Technical Amendments

Updates the office symbol for the Defense Logistics Agency order code assignment monitor; and updates a cross-reference.

Affected subparts/sections: 204.70; 225.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

 

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20080110

On January 10, 2008, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Lead System Integrators (DFARS Case 2006-D051)

Places limitations on contractors acting as lead system integrators in the acquisition of major systems. Such contractors may have no direct financial interest in the development or construction of any individual system or element of any system of systems unless an exception applies. Implements Section 807 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: DFARS Table of Contents; 207.1; Part 209 Table of Contents; 209.5; Part 234 Table of Contents; 234.0; Part 235 Table of Contents; 235.0; Part 252 Table of Contents; 252.209; PGI 209.5

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the changes made to PGI is here.

Ship Critical Safety Items (DFARS Case 2007-D016)

Establishes requirements for quality control in the procurement, modification, repair, and overhaul of ship critical safety items, consistent with existing requirements applicable to aviation critical safety items. Implements Section 130 of the National Defense Authorization Act for Fiscal Year 2007.

Affected subparts/sections: Part 209 Table of Contents; 209.2; 217.75; 246.4; 246.5; PGI 209.2; PGI 246.4

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the changes made to PGI is here.

Final Rules:

Information Assurance Contractor Training and Certification (DFARS Case 2006-D023)

Addresses requirements for contractors to ensure that personnel accessing information systems have proper information assurance certifications, as required by DoD Manual 8570.01-M, Information Assurance Workforce Improvement Program.

Affected subparts/sections: Part 239 Table of Contents; 239.71; Part 252 Table of Contents; 252.239; PGI 239.71

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

A Microsoft Word format document showing the changes made to PGI is here.

Functions Exempt from Private Sector Performance (DFARS Case 2007-D019)

Addresses requirements for a written determination that none of the functions to be performed by contract are inherently governmental or exempt from private sector performance. The rule is consistent with the policy in DoD Instruction 1100.22, Guidance for Determining Workforce Mix.

Affected subparts/sections: 207.5; Part 237 Table of Contents; 237.1

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

DoD Representations and Certifications in ORCA (DFARS Case 2006-D032)

Supplements FAR policy addressing annual representations and certifications completed by offerors via the Online Representations and Certifications Application (ORCA) website. Use of ORCA eliminates the need for offerors to repetitively submit the same information in response to Government solicitations. This DFARS rule addresses the DFARS representations and certifications found in ORCA.

Affected subparts/sections: DFARS Table of Contents; Part 204 Table of Contents; 204.12; 212.3; Part 252 Table of Contents; 252.204

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

Receiving Reports for Shipments (DFARS Case 2006-D024)

Clarifies that copies of material inspection and receiving reports must be distributed with contract shipments, including those reports produced using the Wide Area WorkFlow-Receipt and Acceptance electronic system.

Affected subparts/sections: 252.246; Appendix F

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS changes made by this rule is here.

New Designated Countries (DFARS Case 2006-D062)

Finalizes, without change, the interim rule published on March 27, 2007 (DFARS Change Notice 20070327), to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to the Dominican Republic, and to add Bulgaria and Romania to the list of countries covered by the World Trade Organization Government Procurement Agreement.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Proposed Rule:

DoD Law of War Program (DFARS Case 2006-D035)

Addresses requirements for DoD contractors to institute effective programs to prevent violations of law of war by contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States. Requires that deploying contractor personnel receive appropriate law of war training, and that contractor personnel report any violations of the law of war to the appropriate authorities. The proposed rule is consistent with the policy in DoD Directive 2311.01E, DoD Law of War Program.

The Federal Register notice for this proposed rule is available here.

A Microsoft Word format document showing the DFARS changes proposed by this rule is here.

PGI Changes:

Economic Price Adjustment Provisions (PGI Case 0000-P074)

Updates guidance on the use of economic price adjustment provisions in DoD contracts.

Affected subparts/sections: PGI 216.2

PGI Technical Amendment

Updates PGI 225.7002-2(b)(5)(B) to provide more specific information regarding the web site that lists the domestic nonavailability determinations currently available for reciprocal use.

Affected subparts/sections: PGI 225.70

Order Code Assignments:

Updates have been made to the Navy order code assignment list at http://www.acq.osd.mil/dpap/dars/ordercodes/index.htm.