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2009 Change Notices (Archived)

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091229

On December 29, 2009, DoD published the following change to the DFARS:

Final rule

Technical Data Rights (DFARS Case 2006-D055)

Adopts as final, with a minor change, the interim rule that implemented Section 802(a) of the National Defense Authorization Act for Fiscal Year 2007 and DoD policy requirements. Section 802(a) contains requirements for DoD to assess long-term technical data needs when acquiring major weapon systems and subsystems. DoD policy requires similar assessment for computer software needs.

Affected subparts: Subpart 207.1

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 20091224

On December 24, 2009, DoD published the following changes to the DFARS:

Final rules

Definition of Component and Domestic Manufacture (DFARS Case 2005-D010)

Clarifies the definitions of “component” and “domestic manufacture” as they relate to policy on foreign acquisition.

Affected subparts: Subparts 225.9, 225.70, 225.71, and 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.

Allowability of Costs to Lease Government Equipment for Display or Demonstration (DFARS Case 2007-D004)

Addresses limitations on the allowability of contractor costs associated with the leasing of Government equipment for display or demonstration. Monies paid to the Government for the leasing of Government equipment are unallowable, except in the case of foreign military sales contracts.

Affected subparts: Subparts 225.73 and 231.2

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.

Statutory Waiver for Commercially Available Off-the-Shelf Items (DFARS Case 2008-D009)

Converts an interim rule to a final rule without change. The interim rule conformed the DFARS to the FAR changes implementing the waiver of the component test of the Buy American Act to contracts and subcontracts.

The Federal Register notice for this rule is available here.

Technical Amendment

Revised Subpart 227.71 on-line version to conform to Code of Federal Regulations as published in the Federal Register on November 23, 2009 (74 FR 61043). Moved paragraph (c) from 227.7100 to 227.7102-1.

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091208

On December 8, 2009, DoD made the following change to the DFARS companion resource, Procedures, Guidance, and Information:

Associated PGI changes for Class Deviation 2009-O0012, Authority to Acquire Products and Services Produced in Countries along a Major Route of Supply to Afghanistan.

Provides determination format at PGI 225.7703-3 and reporting requirements at PGI 225.7703-4.

Affected subpart: PGI 225.77

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091123

On November 23, 2009, DoD published the following changes to the DFARS:

Interim rules

Government Rights in the Design of DoD Vessels (DFARS Case 2008-D039)

Implements section 825 of the National Defense Authorization Act FY 2009 and the Vessel Hull Design Protection Amendments of 2008. Section 825 clarifies the Government's rights in technical data in the designs for DoD vessels, boats, craft and components thereof.

Affected subparts/sections: Subpart 227.71; 252.227

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 Country—Taiwan (DFARS Case 2009-D010)

Adds Taiwan as a designated country, due to the accession of Taiwan to the World Trade Organization Government Procurement Agreement.

Affected subparts: Subpart 52.212; 52.225

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.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091119

On November 19, 2009, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Senior Officials Seeking Employment with Defense Contractors (DFARS Case 2008-D007)

Finalizes, without change, the interim rule published at 74 FR 2408 on January 15, 2009, to implement section 874 of the Nationals Defense Authorization Act (NDAA) for Fiscal Year 2008. Section 874 requires that a DoD official, who has participated personally and substantially in a DoD acquisition exceeding $10 million or who has held a key acquisition position, must request a written opinion from a DoD ethics counselor before accepting compensation from a DoD contractor within two years after leaving DoD service.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Whistleblower Protections for Contractor Employees (DFARS Case 2008-D012)

Finalizes, without change, the interim rule published at 74 FR 2410 on January 15, 2009, to implement section 846 of the NDAA for Fiscal Year 2008 and Section 842 of the NDAA for Fiscal Year 2009. These laws address whistleblower rights and protections for DoD contractor employees.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

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

Finalizes, without change, the interim rule published at 73 FR 46816 on August 12, 2008, to implement section 827 of the NDAA for Fiscal Year 2008. Section 827 provides that Federal Prison Industries shall be treated as having a significant share of the market for a product if DoD, in consultation with the Office of Federal Procurement Policy, determines that the Federal Prison Industries share of the DoD market for the category of products including that product is greater than five percent.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Pilot Program for Transition to Follow-On Contracting After Use of Other Transaction Authority (DFARS Case 2008-D030)

Finalizes, without change, the interim rule published at 74 FR 2415 on January 15, 2009, to implement section 824 of the NDAA for Fiscal Year 2009. Section 824 amended the DoD pilot program for transition to follow-on contracting after use of other transaction authority, to establish a new program expiration date and to include items developed under research projects within the scope of the program.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Steel for Military Construction Projects (DFARS Case 2008-D038)

Finalizes, without change, the interim rule published at 74 FR 2417 on January 15, 2009, to implement section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009. Section 108 prohibits the use of funds appropriated in Title I of that Act for the procurement of steel for any military construction project or activity for which American steel producers, fabricators, or manufacturers have been denied the opportunity to compete.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

Technical Amendment to CFR

Amends 48 CFR 205.301 to correct a cross-reference.

Affected subpart in DFARS Looseleaf: None. (Correction to the CFR only)

The Federal Register notice for this rule is available here.

Technical Amendment to DFARS Looseleaf

Updates change date and removes a prior change line in margin of Part 205 Table of Contents that was amended on October 15, 2009.

PGI Change

Revises change date and header for PGI 217.74.

Affected subparts/sections: PGI 217.74

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091019

On October 19, 2009, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

DoD Inspector General Address (DFARS Case 2009-D001)

Adds the address of the DoD Inspector General office designated for receipt of information relating to a possible contractor violation of Federal criminal law or the civil False Claims Act.

Affected subparts/sections: Part 203 Table of Contents; 203.10

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.

Restriction on Research and Development—Deletion of Obsolete Text (DFARS Case 2009-D005)

Deletes obsolete text addressing a restriction on awards to foreign entities for DoD research and development.

Affected subparts/sections: Part 225 Table of contents; 225.70; 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.

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091015

DoD published the following DFARS changes on October 15, 2009:

Technical Amendments

Amends 209.403 to specify the debarring and suspending official for the Defense Intelligence Agency and updates other references within the DFARS text.

Affected subparts/sections: 204.7107, 205.301, 209.403, 225.7002-2, 241.103, 244.403, 204 table of contents.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20091002

On October 2, 2009, DoD made the following change to the DFARS companion resource, Procedures, Guidance, and Information:

Requirement to designate a contracting officer’s representative.

Requires contracting officers to designate a contracting officer’s representative (COR) for contract actions for services before award, but provides exceptions for less complex contract actions awarded using simplified acquisition procedures.

Affected subparts: PGI 201.6

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

Contract Distribution

Expands the list of locations to which a paper copy must be provided if electronic distribution is not available..

Affected subparts: PGI 204.2

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20090904

On September 4, 2009, DoD made the following change to the DFARS companion resource, Procedures, Guidance, and Information:

Contract Distribution (PGI Case 2009-P004)

Addresses the electronic distribution of contracts and modifications and electronic notice of award.

Affected subparts/sections: PGI 204.2

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

 

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20090825

Technical Amendments:

On August 25, 2009, DoD published technical amendments to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI). The amendments update the list of DoD contracting activities and update other references within the DFARS/PGI text.

Affected subparts/sections: 202.1; 209.4; 214.4; 227.70; 237.72; 252.244; PGI 217.74; PGI 249.70

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

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20090729

On July 29, 2009, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Motor Carrier Fuel Surcharge (DFARS Case 2008-D040)

Addresses statutory requirements for ensuring that fuel-related price adjustments in contracts for carriage are passed through to the entity bearing the cost of the fuel.

Affected subparts/sections: Part 247 Table of Contents; 247.2; Part 252 Table of Contents; 252.212; 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.

Trade Agreements – Costa Rica and Peru (DFARS Case 2008-D046)

Amends solicitation provisions and contract clauses to implement the Dominican Republic–Central America–United States Free Trade Agreement, with respect to Costa Rica, and the United States-Peru Trade Promotion Agreement. The trade agreements waive the applicability of the Buy American Act for the acquisition of some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness.

Affected subparts/sections: 225.0; 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:

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.

Affected subparts/sections: 202.1; 212.3; 212.5; Part 225 Table of Contents; 225.70; Part 252 Table of Contents; 252.212; 252.225; PGI 225.70

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.

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

Requirements Applicable to Undefinitized Contract Actions (DFARS Case 2008-D029)

Addresses requirements for DoD management and oversight of undefinitized contract actions. The rule requires semi-annual reporting of undefinitized contract actions exceeding $5 million, to the Office of the Director, Defense Procurement and Acquisition Policy, and emphasizes limitations on obligation of funds and profit considerations that apply to undefinitized contract actions.

Affected subparts/sections: Part 217 Table of Contents; 217.74; 252.217; PGI 217.74

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 text added to PGI is here.

Peer Reviews of Contracts (DFARS Case 2008-D035)

Addresses requirements for peer reviews of solicitations and contracts, to promote quality and consistency in DoD contracting. The rule specifies that the Office of the Director, Defense Procurement and Acquisition Policy, will organize teams of reviewers and will facilitate peer reviews for all solicitations valued at $1 billion or more and for all contracts for services valued at $1 billion or more. In addition, the rule requires the military departments, defense agencies, and DoD field activities to establish procedures for pre-award peer review of solicitations valued at less than $1 billion, and post-award peer reviews of contracts for services valued at less than $1 billion.

Affected subparts/sections: Part 201 Table of Contents; 201.1; Part 207 Table of Contents; 207.1; Part 215 Table of Contents; 215.2; 237.1; PGI 201.1

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.

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.

Affected subparts/sections: DFARS Table of Contents; 204.70; Part 236 Table of Contents; 236.2; Part 237 Table of Contents; 237.70; 237.75; 239.74; Part 245 Table of Contents; 245.1; 245.3; 245.4; 245.5; 252.217; 252.242; 252.245

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.

Contract Reporting (DFARS Case 2007-D006)

Addresses DoD procedures for reporting of contract actions in the Federal Procurement Data System.

Affected subparts/sections: Part 204 Table of Contents; 204.6; 204.9; 204.72; 219.0; 219.2; Part 253 Table of Contents; 253.204; PGI 204.6; PGI 223.4; PGI 236.6; PGI 253.204

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.

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

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

Addresses requirements for ensuring the accuracy of contractor information in the Central Contractor Registration database and in contract documents. Also clarifies requirements for proper assignment of procurement instrument identification numbers.

Affected subparts/sections: 204.11; 204.70; Part 217 Table of Contents; 217.2; PGI 204.11

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 text added to PGI is here.

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

Addresses requirements for the protection of human subjects involved in research projects. The rule contains a contract clause to inform contractors of their responsibilities for compliance with statutory and regulatory requirements regarding the ethical treatment of human subjects.

Affected subparts/sections: Part 207 Table of Contents; 207.1; 235.0; Part 252 Table of Contents; 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.

Technical Amendments

Updates the list of Air Force contracting activities. Also corrects paragraph numbering in a contract clause.

Affected subparts/sections: 202.1; 252.225

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

A Microsoft Word format document showing the DFARS amendments is here.

Proposed Rule:

Management of Unpriced Change Orders (DFARS Case 2008-D034)

Addresses requirements for DoD management and oversight of unpriced change orders in a manner consistent with the management and oversight requirements that apply to other undefinitized contract actions.

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 proposed change to PGI is here.


DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20090715 and 20090721

On July 15, 2009, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI)). A correction was published on July 21, 2009.

Interim Rule:

Acquisition of Commercial Items (DFARS Case 2008-D011)

Implements statutory provisions addressing the conditions under which time-and-materials and labor-hour contracts may be used for the acquisition of commercial items, and the conditions under which major weapon systems and subsystems may be treated as commercial items.

Affected subparts/sections: 202.1; Part 212 Table of Contents; 212.2; 234.70

The Federal Register notice for this rule is available here.

A correction to the Federal Register notice is here.

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

Limitation on Procurements on Behalf of DoD (DFARS Case 2008-D005)

Addresses statutory limitations on acquisitions made by non-DoD agencies on behalf of DoD. Such acquisitions exceeding the simplified acquisition threshold may be made only if the head of the non-DoD agency has certified that the non-DoD agency will comply with defense procurement requirements for the fiscal year.

Affected subparts/sections: 217.78; PGI 217.78

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 change to PGI is here.

Lead System Integrators (DFARS Case 2006-D051)

Addresses statutory limitations on the award of contracts for lead system integrator functions in the acquisition of major DoD systems. DoD may award a new contract for lead system integrator functions only if the major system has not yet proceeded beyond low-rate initial production or the Secretary of Defense determines that it would not be practicable to carry out the acquisition without contractor performance of lead system integrator functions.

Affected subparts/sections: 209.5; Part 237 Table of Contents; 237.1; 252.209

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:

Use of Commercial Software (DFARS Case 2008-D044)

Implements statutory provisions requiring DoD to identify and evaluate, at all stages of the acquisition process, opportunities for the use of commercial computer software and other non-developmental software.

Affected subparts/sections: 212.2; 239.1; PGI 207.1

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.

Lease of Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013)

Implements statutory provisions that permit a military department to award a long-term lease or charter, or a contract with a substantial termination liability, for a vessel, aircraft, or combat vehicle, only if the Secretary of the military department is specifically authorized by law to award the contract and the Secretary provides the appropriate notifications to the congressional defense committees.

Affected subparts/sections: 207.4; PGI 207.4

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 text added to PGI is here.

Technical Amendments

Updates references and cross-references.

Affected subparts/sections: 204.72; 212.3; 219.7; 219.12; 225.3; 225.11; Part 231 Table of Contents; 231.2; 252.225; PGI 212.70

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

A Microsoft Word format document showing the DFARS and PGI amendments is here.

PGI Changes:

Predeployment and Operational Tracker (SPOT) Business Rules (PGI Case 2009-P001)

Adds a reference to a DoD web site providing business rules for use of the SPOT system.

Affected subparts/sections: PGI 225.74

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

Payment Information on DD Form 1155, Order for Supplies or Services (PGI Case 2009-P002)

Updates instructions for completion of DD Form 1155 to address coding information applicable to payments made using a Government purchase card.

Affected subparts/sections: PGI 253.213

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

Proposed Rule:

Letter Contract Definitization Schedule (DFARS Case 2007-D011)

Clarifies requirements for definitization of letter contracts. Specifies that letter contracts will be definitized using the DFARS procedures applicable to all other undefinitized contract actions.

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 20090115

On January 15, 2009, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Whistleblower Protections for Contractor Employees (DFARS Case 2008-D012)

Addresses protections for contractor employees who disclose information to Government officials with regard to waste or mismanagement, danger to public health or safety, or violation of law related to a DoD contract. Implements Section 846 of the National Defense Authorization Act for Fiscal Year 2008 and Section 842 of the National Defense Authorization Act for Fiscal Year 2009.

Affected subparts/sections: DFARS Table of Contents; Part 203 Table of Contents; 203.9; Part 252 Table of Contents; 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.

Senior DoD Officials Seeking Employment with Defense Contractors (DFARS Case 2008-D007)

Addresses requirements for senior DoD officials to obtain a post-employment ethics opinion before accepting a position from a DoD contractor within two years after leaving DoD service. Implements Section 847 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: Part 203 Table of Contents; 203.1; 209.4; Part 252 Table of Contents; 252.203; 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.

Steel for Military Construction Projects (DFARS Case 2008-D038)

Addresses requirements for American steel producers, fabricators, and manufacturers to be given the opportunity to compete for contracts and subcontracts for the acquisition of steel for use in military construction projects or activities. Implements Section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009.

Affected subparts/sections: Part 225 Table of Contents; 225.70; Part 236 Table of Contents; 236.2; 236.5; Part 252 Table of Contents; 252.236; 252.244

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.

Statutory Waiver for Commercially Available Off-the-Shelf Items (DFARS Case 2008-D009)

Implements a determination made by the Administrator for Federal Procurement Policy, that the Buy American Act domestic “component test” is inapplicable to acquisitions of commercially available off-the-shelf (COTS) items. The rule permits a COTS item to be treated as a domestic end product if it is manufactured in the United States, without the need to track the origin of the item’s components.

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.

Pilot Program for Transition to Follow-On Contracting After Use of Other Transaction Authority (DFARS Case 2008-D030)

Amends the DoD pilot program for transition to follow-on contracting after use of other transaction authority, to establish a new program expiration date and to include items developed under research projects within the scope of the program. Implements Section 824 of the National Defense Authorization Act for Fiscal Year 2009.

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.

Final Rules:

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

Addresses requirements for DoD contractors to institute effective programs to prevent violations of the law of war by contractor personnel authorized to accompany U.S. Armed Forces deployed outside the United States.

Affected subparts/sections: Part 225 Table of Contents; 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 and PGI changes made by this rule is here.

Contract Actions Supporting Contingency Operations or Facilitating Defense Against or Recovery from Nuclear, Biological, Chemical, or Radiological Attack (DFARS Case 2008-D026)

Addresses determination requirements with regard to the use of emergency acquisition flexibilities for contract actions supporting contingency operations or facilitating defense against or recovery from nuclear, biological, chemical, or radiological attack. The rule lowers the DoD level of approval for such determinations.

This final rule supersedes DoD Class Deviation 2008-O0006. Therefore, references to Deviation 2008-O0006 have been removed from the applicable DFARS subparts.

Affected subparts/sections: DFARS Table of Contents; 202.1; 212.1; Part 213 Table of Contents; 213.2; 213.5; Part 218 Table of Contents; 218.2

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.

Separation of Senior Roles in Source Selection (DFARS Case 2008-D037)

Addresses requirements for the separation of functions in source selection. The rule requires the military departments and defense agencies to certify every two years that no senior leader has performed multiple roles in the acquisition of a major weapon system or major service.

Affected subparts/sections: 203.1; PGI 203.1

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.

Delegation of Authority for Single Award Task or Delivery Order Contracts (DFARS Case 2008-D017)

Addresses FAR provisions that permit the award of a single source task or delivery order contract exceeding $100 million, if the head of the agency determines it is necessary in the public interest. The DFARS rule specifies that the authority to make such a determination may not be delegated below the level of the senior procurement executive.

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

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.

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

Addresses requirements for a contractor to notify DoD if the contractor is involved in nuclear-related activities that could be subject to inspection under the U.S.-International Atomic Energy Agency Additional Protocol. The notification will enable DoD to determine if an exception to inspection requirements is needed in the interest of national security.

Affected subparts/sections: Part 204 Table of Contents; 204.4; 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.

Responsible Prospective Contractors (DFARS Case 2008-D022)

Addresses use of the Past Performance Information Retrieval System (PPIRS) in determining contractor responsibility. The rule emphasizes that use of PPIRS information regarding contract termination for cause or default is just one consideration in making a responsibility determination.

Affected subparts/sections: 209.1

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.

List of Firms Owned or Controlled by the Government of a Terrorist Country (DFARS Case 2008-D025)

Addresses procedures for notifying the appropriate DoD office of any information indicating that a firm or a subsidiary of a firm may be owned or controlled by the Government of a terrorist country. The notifications will facilitate maintenance of a list of such firms, as required by statute.

Affected subparts/sections: 209.1

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.

Removal of North Korea from the List of Terrorist Countries (DFARS Case 2008-D036)

Removes North Korea from the list of terrorist countries subject to a prohibition on DoD contract awards, consistent with the list of terrorist countries maintained by the State Department.

Affected subparts/sections: 252.209

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.

Clean Air Act and Clean Water Act Exemptions (DFARS Case 2007-D022)

Updates the procedures that apply when it is necessary to award to a contractor that is otherwise excluded from Federal procurement programs due to a violation of the Clean Air Act or the Clean Water Act.

Affected subparts/sections: 209.4; PGI 209.4

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 text added to PGI is here.

Security-Guard Functions (DFARS Case 2006-D050)

Finalizes, without change, the interim rule published on September 15, 2008 (DFARS Change Notice 20080915) to implement Section 343 of the National Defense Authorization Act for Fiscal Year 2008. Section 343 extended, through September 30, 2012, 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.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.