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2010 Publication Notices (Archived)

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101229

On December 29, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Foreign Participation in Acquisitions in Support of Operations in Afghanistan (2009-D012)

Implements Deputy Secretary of Defense waiver of section 302(a) of the Trade Agreements Act of 1979, in order to allow acquisitions from the nine South Caucasus/Central and South Asian states; and the determination of inapplicability of the Balance of Payments Program evaluation factor to offers of products (other than arms, ammunition, or war materials) from the South Caucasus/Central and South Asian states to support operations in Afghanistan.

Affected subparts/sections: Table of Contents, Part 225; 225.0; 225.4; 225.5; 225.11; 225.75; 225.77; 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.

Organizational Conflicts of Interest in Major Defense Acquisition Programs (2009-D015)

Implements section 207 of the Weapon Systems Acquisition Reform Act of 2009. Section 207 addresses organizational conflicts of interest in major defense acquisition programs.

Affected subparts/sections: Table of Contents, Part 209; 209.5; Table of Contents, Part 252; 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 PGI changes made by this rule is here

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101222

On December 22, 2010, DoD published the following proposed changes to the DFARS:

Proposed Rule:

Reporting of Government-Furnished Property (DFARS Case 2009-D043)

Proposes to revise and expand reporting requirements for Government-furnished property to include items uniquely and non-uniquely identified, and to clarify policy for contractor access to Government supply sources.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101216

On December 16, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Technical Amendment – Final Rule:

Sets forth references to supplementary information and procedures in DFARS Procedures, Guidance, and Information, pertaining to specific categories of DoD acquisitions.

Affected subparts/sections: Table of Contents, Part 216; 216.4; Table of Contents, Part 237; 237.1.

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS subpart 216.4 changes made by this rule is here.

A Microsoft Word format document showing the DFARS subpart 237.1 changes made by this rule is here.

PGI Change:

Corrects the name of the OUSD(AT&L) DPAP memorandum referenced at PGI 237.102-74.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101210

On December 10, 2010, DoD published the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI Changes:

Removes obsolete language from PGI 201.1

Adds a new subpart at PGI 237.102-74 to supplement OUSD(AT&L) DPAP memorandum, Subject: Taxonomy for the Acquisition of Services, dated November 23, 2010.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101208

On December 8, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)

Converts the interim rule to a final rule with changes to implement section 8116 of the DoD Appropriations Act for Fiscal Year 2010 which restricts the use of mandatory arbitration agreements when awarding contracts that exceed $1 million when using Fiscal Year 2010 funds appropriated or otherwise made available by the DoD Appropriations Act. This final rule allows the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.

Affected subparts/sections: TOC, Part 222; 222.74; 252.222; PGI 222.74

The Federal Register notice for this 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 DFARS PGI changes proposed by this rule is here.

Restriction on Ball and Roller Bearings (DFARS Case 2006-D029)

Implements the DoD annual appropriations act domestic source restrictions, and requires that each ball or roller bearing be manufactured in the United States, its outlying areas, or Canada, and that the cost of the bearing components manufactured in the United States, its outlying areas, or Canada, shall exceed 50 percent of the total cost of the bearing components of that ball or roller bearing.

The Federal Register notice for this rule is available here.

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

On December 8, 2010, DoD also published the following waiver to the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom.

Waiver of 10 USC 2534 for Certain Defense Items Produced in the United Kingdom.

Waives the limitation of 10 U.S.C. 2534 for certain defense items produced in the United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain items to sources in the national technology and industrial base. The waiver will permit procurement of enumerated items from sources in the UK, unless otherwise restricted by statute.

The Federal Register notice for this rule is available here.

PGI Changes:

Provides procedures to follow at PGI 216.401 when planning award-fee contracts and for collection and evaluation of data on award and incentive fees paid to contractors.

Technical Amendment (DFARS only):

Revises the Table of Contents, DFARS part 231, to include subpart 231.205-1, Public relations and advertising costs.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101203

On December 3, 2010, DoD published the following proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rules:

Business Systems—Definition and Administration (DFARS Case 2009-D038)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems.

NOTE: DoD published a proposed rule for Business Systems—Definition and Administration (DFARS Case 2009-D038) in the Federal Register on January 15, 2010 (75 FR 2457). The public comment period closed March 16, 2010. Based on the comments received and subsequent revisions to the proposed rule, DoD is publishing this rule again as a proposed rule with a public comment period of 30 days.

The Federal Register notice for this 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 DFARS PGI changes proposed by this rule is here.

Government Property (DFARS Case 2009-D008)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise DFARS part 245, Government Property, to reflect the recent revisions to FAR part 45, Government Property.

The Federal Register notice for this 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 DFARS PGI changes proposed by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101130

On November 30, 2010, DoD published the following proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rule:

Definition of Sexual Assault (DFARS Case 2010-D023)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure contractor employees are aware of the DoD definition of “sexual assault” as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response Program

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101124

On November 24, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Contractor Insurance/Pension Review (DFARS Case 2009-D025)

Removes and relocates the requirements for conducting a Contractor Insurance/Pension Review from Procedures, Guidance, and Information (PGI) to the Defense Federal Acquisition Regulation Supplement (DFARS).

Affected subparts/sections: 242.73; PGI 242.73.

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 DFARS PGI changes made by this rule is here.

Cost and Software Data Reporting System (DFARS Case 2008-D027)

Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address DoD cost and software data reporting system requirements for major defense acquisition programs and major automated information systems.

Affected subparts/sections: TOC Part 215; 215.4; TOC Part 234; 234.71; 242.5; TOC Part 252; 252.234; PGI 215.4; PGI 234.71.

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 DFARS PGI changes made by this rule is here.

Services of Senior Mentors (DFARS Case 2010-D025)

Implementing the DoD policy on the services of senior mentors as set forth in two memoranda -Secretary of Defense Memorandum entitled “Policy on Senior Mentors,” dated April 1, 2010; and Deputy Secretary of Defense Memorandum entitled “Implementation Guidance on Senior Mentor Policy,” dated July 8, 2010.

Affected subparts/sections: TOC Part 237; 237.101, 237.102-73.

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.

Contract Authority for Advanced Component Development or Prototype Units (DFARS Case 2009-D034)

Adopts as final, with a minor change, an interim rule amending the DFARS to implement section 819 of the National Defense Authorization Act for Fiscal Year 2010. Section 819 places limitations on certain types of line items and contract options that may be included in contracts initially awarded pursuant to competitive solicitations.

Affected subparts/sections: TOC Part 235, 235.006-71.

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.

Proposed Rules:

Discussions Prior to Award (DFARS Case 2010-D013)

Proposes to amend the Defense Federal Acquisition Regulation Supplement to strongly encourage discussions prior to award for source selections of procurements estimated at $100 million or more. The proposed change was recommended by the DoD Source Selection Joint Analysis Team.

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.

Annual Representations and Certifications (DFARS Case 2009-D011)

Proposes to amend the Defense Federal Acquisition Regulation Supplement to conform it to changes in the Federal Acquisition Regulation (FAR) relating to annual representations and certifications.

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 Amendment (DFARS only):

Corrects a clause date at paragraph 11(i) of clause 252.212-7001, Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items.

Corrects Table of Contents for Subpart 237.1.

Corrects Subpart 237.76 page numbering.

PGI changes:

Adds language at PGI 204.7006 to clarify that the guidance provided also includes a matrix.

Adds OUSD(AT&L) DPAP memorandum entitled “Taxonomy for the Acquisition of Services,” dated November 23, 2010 link at PGI 201.1 and an additional link at the “Policy” button at PGI 237.

Revises language at PGI 225.7401 to replace “Iraq and Afghanistan” with “specified countries in the USCENTCOM area of responsibility.”

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101112

On November 12, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Award-Fee Reductions for Health and Safety Issues (DFARS Case 2009-D039)

Implements section 823 of the National Defense Authorization Act for Fiscal Year 2010. Section 823 requires contracting officers to consider reduction or denial of award fee if contractor or subcontractor actions jeopardize the health or safety of Government personnel.

This interim rule supersedes Class Deviation 2010-O0011 Class Deviation Award Fee Reduction or Denial for Jeopardizing the Health and Safety of Government Personnel (29 April 2010).

Affected subparts/sections: Table of Contents, Part 216; 216.405-270; 216.406; Table of Contents, Part 252; 252.216-7004.

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:

Adds the Room Number to the mailing address posted at PGI 217.7506, Spare Parts Breakout Program, for requesting a copy of the Full Screening Decision Process Summary Flow Chart. Correct address is Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101103

On November 03, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Prohibition on Interrogation of Detainees by Contractor Personnel (DFARS Case 2010-D027)

Implements section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84). Section 1038 prohibits contractor personnel from interrogating detainees under the control of the Department of Defense. It also allows the Secretary of Defense to waive the prohibition for a limited period of time, if determined necessary to the national security interests of the United States.

Affected subparts/sections: Table of Contents, Part 237; 237.1; 237.173; Table of Contents, Part 252; 252.212-7001; 252.244-7000.

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:

Corrects the mailing address posted at PGI 217.7506, Spare Parts Breakout Program, for requesting a copy of the Full Screening Decision Process Summary Flow Chart. Correct address is Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Washington, DC 20301-3060.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101029

On October 29, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Safety of Facilities, Infrastructure, and Equipment for Military Operations (DFARS Case 2009-D029)

Implements section 807 of the National Defense Authorization Act for Fiscal Year 2010, to require that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of DoD, in current or future military operations, should be inspected for safety and habitability prior to use, and that such facilities should be brought into compliance with generally accepted standards for the safety and health of personnel to the maximum extent practicable, consistent with the requirements of military operations and the best interests of DoD, to minimize the safety and health risk posed to such personnel.

Affected subparts/sections: Table of Contents, Part 246; 246.1; 246.2; Table of Contents, Part 252; 252.212; 252.246.

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:

Continuation of Current Contracts—Deletion of Redundant Text (DFARS Case 2010-D016)

Deletes redundant text relating to the continuation of current contracts with a contractor that has been suspended, debarred, or proposed for debarment.

Affected subparts/sections: Table of Contents, Part 209; 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.

Balance of Payments Program Exemption for Commercial Information Technology—Construction Material (DFARS Case 2009-D041)

Implements the exemption from the Balance of Payments Program for construction material that is commercial information technology.

Affected subparts/sections: 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.

Trade Agreements–New Thresholds (DFARS Case 2009-D040)

Adopts as final, without change, the interim rule that incorporates increased 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.

Continuation of Essential Contractor Services (DFARS Case 2009-D017)

Adopts as final, with changes, an interim rule that adds policy and a contract clause requiring that contractors providing essential contractor services, as determined by the requiring activity, shall be prepared to continue such services during periods of crisis.

Affected subparts/sections: 237.76; Table of Contents, Part 252; 252.237; PGI 207.105.

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 DFARS PGI changes made by this rule is here.

PGI changes:

Removes the language at PGI 212.403 and PGI 249.470 pursuant to publication of FAR case 2008-016, Termination for Default Reporting, which revised the FAR, effective October 29, 2010, to require all termination for cause or default reporting to be accomplished via the Federal Awardee Performance and Integrity Information System.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101025

On October 25, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Electronic Subcontracting Reporting System (eSRS) (DFARS Case 2009-D002)

Provides DoD-specific policy and procedures related to the Electronic Subcontracting Reporting System (eSRS) to conform to FAR revisions reflecting use of the eSRS.

This interim rule supersedes Class Deviation 2008-O0008: Class Deviation-Electronic Subcontracting Reporting System (12 Feb 2009); and Class Deviation 2009-O0006: Class Deviation-Modification of Class Deviation 2008-O0008-Electronic Subcontracting Reporting System (6 May 2009).

Affected subparts/sections: 219.708; 252.212; 252.219; Appendix I.

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 Cargo Riding Gang Members (DFARS Case 2007-D002)

Addresses requirements that apply to riding gang members and DoD-exempted individuals who perform work on U.S.-flag vessels under DoD contracts for transportation services pursuant to section 3504 of the National Defense Authorization Act for Fiscal Year 2009.

Affected subparts/sections: 212.301; 247.570; 247.572; 247.574; Table of Contents, Part 252; 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.

Technical Amendment (DFARS only):

Adjusts the dollar threshold at 219.502-2 for total set-asides for dredging from $1 million to $1.5 million, pursuant to the requirement for periodic adjustment for inflation of statutory acquisition-related dollar thresholds contained in the National Defense Authorization Act for Fiscal Year 2005.

PGI changes:

Amends PGI 201.170 to provide a web address for the DPAP database of Peer Review recommendations and to add requirements pertaining to the administration of Peer Reviews.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101007

On October 7, 2010, DoD made the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Technical Amendments (DFARS only):

Adjusts the dollar threshold at 219.502-2 for total set-asides for architect-engineer services for military construction or family housing projects from $300,000 to $350,000, pursuant to the requirement for periodic adjustment for inflation of statutory acquisition-related dollar thresholds contained in the National Defense Authorization Act for Fiscal Year 2005.

Deletes a typographical error at 216.504(c)(1)(ii)(D)(1).

PGI changes:

Adjusts the dollar threshold at PGI 216.504(c)(1)(ii)(D)(2)(iii), sample congressional notification for single-award task-order or delivery-order contracts, from $100 million to $103 million, pursuant to the requirement for periodic adjustment for inflation of statutory acquisition-related dollar thresholds contained in the National Defense Authorization Act for Fiscal Year 2005.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20101001

On August 2, 2010, DoD published the following change to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI), with an effective date of October 1, 2010:

Final Rule:

Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2009-D003)

Adjusts acquisition-related dollar thresholds for inflation. Section 807 of the National Defense Authorization Act for Fiscal Year 2005 requires periodic adjustment of statutory acquisition-related dollar thresholds for inflation, except those established by the Davis-Bacon Act, the Service Contract Act, or trade agreements. This rule also adjusts other acquisition-related thresholds that are based on policy rather than statute.

Affected subparts/sections: 205.3; 207.1; 208.4; 209.1; 209.4; 211.5; 215.4; 216.5; 217.1; 219.2; 219.5; 219.10; 225.1; 225.72; 225.77; 228.1; 232.4; 232.5; 237.1; 246.4; 250.1; 252.211; 252.225; 252.249; PGI 236.2;

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.

On October 1, 2010, DoD published the following proposed changes to the DFARS:

Proposed Rule:

Electronic Ordering Procedures (DFARS Case 2009-D037)

Proposes to amend the Defense Federal Acquisition Regulation Supplement to address electronic business procedures for placing orders.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100927

On September 27, 2010, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

DoD Office of the Inspector General Address (DFARS Case 2010-D015)

Provides the address for the agency Office of the Inspector General as referenced in FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.

Affected subparts/sections: 203.10; Table of Contents, Part 252; 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.

Government-Assigned Serial Number Marking (DFARS Case 2008-D047)

Requires contractors to apply Government-assigned serial numbers in human-readable format on major end items when required by law, regulation, or military operational necessity.

Affected subparts/sections: 211.274; Table of Contents, Part 252; 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.

Motor Carrier Fuel Surcharge (DFARS Case 2008-D040)

Adopts as final, with changes, an interim rule that requires DoD to ensure that, to the maximum extent practicable, in all carriage contracts in which a fuel-related adjustment is provided for, any fuel-related adjustment is passed through to the person who bears the cost of the fuel to which the adjustment relates, pursuant to section 884 of the National Defense Authorization Act for Fiscal Year 2009. Affected subparts/sections: 247.2; 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.

Proposed Rule:

Patents, Data, and Copyrights (DFARS Case 2010-D001)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update text on patents, data, and copyrights

The Federal Register notice for this 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 DFARS PGI changes proposed by this rule is here.

Technical Amendment(DFARS only):

Adds language at 204.270 that directs contracting officers to the location of procedures relating to obtaining an account in the Electronic Document Access system.

Adds language at 204.70 that provides the location of guidance on a uniform contract indexing methodology across DoD.

The Federal Register notice for this rule is available here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100917

On September 17, 2010, DoD published the following proposed changes to the DFARS and changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rule:

DFARS Appendix F, Material Inspection and Receiving Report (DFARS Case 2009-D023)

Updates the Defense Federal Acquisition Regulation Supplement (DFARS), Appendix F, Material Inspection and Receiving Report, to incorporate procedures for using the electronic Wide Area Workflow Receiving Report required for use in most contracts in lieu of the DD Form 250, Material Inspection and Receiving Report, which is now used mostly on an exception basis.

The Federal Register notice for this 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 DFARS PGI changes proposed by this rule is here.

PGI Changes:

Contract Indexing Standard (2010-P007)

Provides guidance on a uniform contract indexing methodology at PGI 204.70 and a hyperlink to DPAP letter dated July 8, 2010, subject: Contract Indexing Standard.

Audit Thresholds (2010-P009)

Provides guidance on obtaining field pricing or audit assistance at PGI 215.404-2.

PGI 225.77

Makes an editorial change at PGI 225.7703-2(c)(iii).

Technical Amendment(DFARS only):

Eliminates redundant text in the interim rule language at 216.504(c)(1)(ii)(D)(2) published for DFARS Case 2009-D036 on July 13, 2010 (75 FR 40716).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100908

On September 8, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Payment of Costs Prior to Definitization—Definition of Contract Action (DFARS Case 2009-D035)

Adopts as final without change an interim rule that implemented section 812 of the National Defense Authorization Act for Fiscal Year 2010 that amends the definition of “contract action” to include task orders and delivery orders.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Acquisition Strategies to Ensure Competition throughout the Life Cycle of Major Defense Acquisition Programs (DFARS Case 2009-D014)

Adopts as final without change an interim rule that implemented section 202 of the Weapon Systems Acquisition Reform Act of 2009, to improve the organization and procedures of DoD for the acquisition of major weapon systems.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

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

Adopts as final without change an interim rule that implemented section 825 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 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: None.

The Federal Register notice for this rule is available here.

Additional Requirements Applicable to Multiyear Contracts (DFARS Case 2008-D023)

Adopts as final with minor editorial corrections the interim rule that implemented the National Defense Authorization Act for Fiscal Year 2008, section 811, to add six new requirements to which the Secretary of Defense must certify in writing when requesting congressional authorization to enter into a multiyear contract for a major defense acquisition program.

Affected subparts/sections: 217.1

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.

Interim Rule:

Guidance on Personal Services (DFARS Case 2009-D028)

Requires that statements of work or performance work statements clearly distinguish between Government employees and contractor employees, and ensures that procedures are adopted to prevent contracts from being awarded or administered as unauthorized personal services contracts, pursuant to section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009.

Affected subparts/sections: Table of Contents, Part 211; 211.1; Table of Contents, Part 237; 237.5; PGI 201.1; PGI 237.5

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 DFARS PGI changes made by this rule is here.

PGI changes:

Services of Senior Mentors (DFARS Case 2010-D025)

Adds language and hyperlinks at PGI 237.102-73 to DoD policies on senior mentors, namely, Secretary of Defense memorandum, subject: Policy on Senior Mentors (April 1, 2010), and Deputy Secretary of Defense memorandum, subject: Implementation Guidance on Senior Mentors Policy (July 8, 2010).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100830

On August 30, 2010, DoD published the following proposed changes to the DFARS:

Proposed Rule:

Warranty Tracking of Serialized Items (DFARS Case 2009-D018)

Implements a policy memorandum of the Undersecretary of Defense for Acquisition, Technology, and Logistics dated February 6, 2007, that required definition of the requirements to track warranties for Item Unique Identification-required items in the Item Unique Identification registry.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100827

On August 27, 2010, DoD published the following change to the DFARS:

Interim Rule:

Acquisition of Commercial Items (DFARS Case 2008-D011)

Delays confirmation of the final rule published at 75 FR 51416 on August 20, 2010. The interim rule, specifying when time-and-materials or labor-hour contracts may be used for the acquisition of commercial items, remains unconfirmed as final until further notice.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100820

On August 20, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Acquisition of Commercial Items (DFARS Case 2008-D011)

Finalizes*, without change, the interim rule published at 74 FR 34263 on July 15, 2009, as corrected at 75 FR 35825 on July 21, 2009, specifying when time-and-materials or labor-hour contracts may be used for the acquisition of commercial items, and revising the language to address the conditions under which major weapon systems or subsystems may be treated as commercial items.

Affected subparts/sections in DFARS: None

The Federal Register notice for this rule is available here

*Note: DoD has submitted to the Federal Register a request for correction to the final rule, to allow time for analyses of public comments that were discovered after publication of the final rule.

Transportation (DFARS Case 2003-D028)

Updates text on transportation matters relating to DoD contracts, including clarifying certain shipping procedures and offering additional guidance on their use.

Affected subparts/sections: Table of Contents, Part 247; 247.0; 247.1; 247.2; 247.3; 247.5; 252.247; PGI 247.0; PGI 247.2; PGI 247.3

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 DFARS PGI changes made by this rule is here

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100816

On August 16, 2010, DoD published the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI:

Makes conforming changes at PGI 204.6, PGI 245.201, and PGI 245.401.

Technical Amendment to CFR

Amends 48 CFR 252 by removing and reserving 252.215-7003 and 252.215-7004 and adding back in 252.217-7003 and 252.217-7004.

Affected subparts/sections in DFARS: None (Correction to the CFR only)

The Federal Register notice for this rule is available here

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100810

On August 10, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rule:

Reporting of COTS Items that Contain Specialty Metals (DFARS Case 2009-D024)

Deletes the obsolete requirement for contractors to report commercially available off-the-shelf items that contain foreign specialty metals and are incorporated into noncommercial end items.

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

Management of Unpriced Change Orders (DFARS Case 2008 D034)

Aligns requirements for management and oversight of unpriced change orders with those applicable to other undefinitized contract actions pursuant to section 812 of the National Defense Authorization Act for Fiscal Year 2010.

Affected subparts/sections: 215.4; 217.74; 243.2; PGI 243.2.

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

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

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

Deletes obsolete language regarding excessive pass-through charges on contracts or subcontracts that are entered into for or on behalf of DoD. The interim DFARS rule language, which implements the requirements of section 852 of the National Defense Authorization Act for Fiscal Year 2007, was made obsolete with the publication of the FAR interim rule at 74 FR 52853 on October 14, 2009.

Affected subparts/sections: 215.4; 231.2; Table of Contents, Part 252; 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

PGI changes:

Posts at the Supplemental Information Tab in PGI 206.0, the memorandum dated August 10, 2010, Subject: Contracting Action Areas of Concern, “Purchases Made With Earmarks (Project No. D2008-DOOOCF-0013.000),” signed by the Director, Defense Procurement and Acquisition Policy.

Updates contact information for the AF POC at PGI 204.6.

Updates websites at PGI 222.17 for information on Combatting Trafficking in Persons.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100802

On August 2, 2010, DoD published the following DFARS rule and changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rule:

Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2009-D003)

NOTE: The effective date of this rule is October 1, 2010.

Will adjust acquisition-related dollar thresholds for inflation. Section 807 of the National Defense Authorization Act for Fiscal Year 2005 requires periodic adjustment of statutory acquisition-related dollar thresholds for inflation, except those established by the Davis-Bacon Act, the Service Contract Act, or trade agreements. This rule will also adjust other acquisition-related thresholds that are based on policy rather than statute.

The Federal Register notice for this rule is available here

A Microsoft Word format document showing the DFARS changes that will be made by this rule is here

A Microsoft Word format document showing the changes that will be made to PGI is here

A matrix showing the thresholds reviewed in preparation of this rule is here

PGI:

PGI Case 2010-P004 Contract Reporting

Updates information on the Federal Procurement Data System (FPDS), resolving technical or policy issues relating to FPDS, and reporting data to FPDS.

Affected subparts/sections: PGI 204.6

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100723

On July 23, 2010, DoD published the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI:

PGI Case 2010-P001 Government-Furnished Property

Provides policy guidance and procedures for Government property under solicitations and contracts.

Affected subparts/sections: PGI 245.1; PGI 245.2; PGI 245.4

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

PGI 219.3, Policy Tab

Director, Defense Procurement and Acquisition Policy’s memo, subject: Correctly Identifying Size Status of Contractors, dated July 21, 2010, has been posted to the Policy tab at PGI 219.3, to reiterate the process for correctly determining the size status of contractors for contract awards.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100713

On July 13, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Notification Requirements for Awards of Single-Source Task or Delivery Orders (DFARS Case 2009-D036)

Implements section 814 of the National Defense Authorization Act for Fiscal Year 2010 to specify notification requirements for awards of single-source task or delivery orders.

Affected subparts/sections: 216.504; PGI 216.504

This interim rule supersedes Class Deviation 2010-DO0007, Class Deviation for Notification Requirements for Awards of Single-Source Task- or Delivery-Order Contracts, dated March 24, 2010.

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 DFARS PGI changes made by this rule is here

Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009-D033)

Implements section 820 of the National Defense Authorization Act for Fiscal Year 2010 that requires DoD contracting officers to publish a notification on FedBizOpps.gov, or any successor site, at least 30 days prior to the release of a solicitation for a bundled acquisition.

Affected subparts/sections: Table of Contents, Part 205; 205.2; 210.001.

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

Payments in Support of Emergencies and Contingency Operations (DFARS Case 2009-D020)

Implements the full authority granted by 5 CFR 1315.1 for payments covered by 5 CFR 1315.1(b)(2) that are either certified for payment in an operational area, or are contingent upon the receipt of necessary supporting documentation (i.e., contract, invoice, receiving report) emanating from an operational area.

This interim rule supersedes Class Deviation 2009-DO0011, Class Deviation – Federal Acquisition Regulation (FAR) 32.9 Prompt Payment for Emergencies and Contingency Operations, dated August 19, 2009.

Affected subparts/sections: 212.301; Table of Contents, Part 232; 232.9; 252.232-70

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

Technical Amendment to CFR:

This final rule cites the date of MAY 2010 for DFARS clause 252.222-7006, Restrictions on the Use of Mandatory Arbitration Agreements. DoD published an interim rule at 75 FR 27946 on May 19, 2010, for DFARS Case 2010-D004, in which it failed to cite a date for this clause. The clause date is cited correctly in the DFARS.

The Federal Register notice for this rule is available here

PGI

Contracts Requiring Performance or Delivery in a Foreign Country (PGI 2010-P003)

Clarifies requirements that should be addressed in solicitations and contracts.associated with performance in or delivery to a foreign country.

Listing of Reciprocal Domestic Nonavailability Deterninations (PGI 2010-P006)

Deletes obsolete text and renumbers remaining paragraphs.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100625

On June 25, 2010, DoD published the following changes to the PGI:

PGI:

Requirement for Accounts in the Electronic Document Access System (DFARS Case 2010-P005)

Affected PGI subparts: PGI 204.2

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100623

On June 23, 2010, DoD published the following changes to the DFARS:

Interim Rule:

Ownership or Control by a Foreign Government (DFARS Case 2010-D010)

Implements revisions to DoD Directive-Type Memorandum (DTM) 09-019, “Policy Guidance for Foreign Ownership, Control, or Influence (FOCI),” including the description of communications security material that is “proscribed information.”

Affected subparts/sections: 209.104; 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100621

On June 21, 2010, DoD published the following changes to the DFARS:

Final Rule:

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

Adopts as final an interim rule that 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 proposed DFARS changes made by this rule is here.

Interim Rules:

Multiyear Contract Authority for Electricity from Renewable Energy Sources (DFARS Case 2008-D006)

Authorizes the Secretary of Defense to enter into a contract for a period not to exceed 10 years for the purchase of electricity from sources of renewable energy, pursuant to section 828 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: Table of Contents Part 217; 217.175; 241.103

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 business case analysis sample template and guidance that accompanies this rule is here.

To locate this template online, see DFARS PGI 217.1 Supplemental Information TAB.

Technical Amendment:

Revises the DFARS to change a DoD Directive number in Part 239 that was certified as being current as of April 23, 2007.

Affected subparts/sections: 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100611

On June 11, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rule:

Contractor Insurance/Pension Review (DFARS Case 2009-D025)

Removes and relocates the requirements for conducting a Contractor Insurance/Pension Review from Procedures, Guidance, and Information to the Defense Acquisition Regulation Supplement.

The Federal Register notice for this rule is available here.

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

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

Final Rule:

New Designated Country—Taiwan (DFARS Case 2009-D010)

Adopts as final without change the interim rule published at 74 FR 61045 on November 23, 2009, adding Taiwan as a designated country, due to the accession of Taiwan to membership in the World Trade Organization Government Procurement Agreement.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the interim rule converted to a final rule without change with the current baseline of April 8, 2010 is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100608

(DFARS Replacement Subparts Document in PDF)

(PGI Replacement Subparts Document in PDF)

On June 8, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rule:

Balance of Payments Program Exemption for Commercial IT–Construction Material (DFARS Case 2009-D041)

Implements the exemption from the Balance of Payments Program for construction material that is commercial information technology.

The Federal Register notice for this rule is available here.

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

Interim Rules:

Trade Agreement Thresholds (DFARS Case 2009-D040)

Incorporates increased 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: 225.1101; 225.7503

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 Authority for Advanced Component Development or Prototype Units (DFARS Case 2009-D034)

Places limitations on certain types of line items and contract options that may be included in contracts initially awarded pursuant to competitive solicitations in accordance with section 819 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84).

Affected subparts/sections: 217.202; Part 234 Table of Contents; 234.005

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 Procurements with Non-Defense Agencies (DFARS Case 2009-D027)

Authorizes the placing of contracts for property and services in excess of the simplified acquisition threshold by certain non-DoD agencies for the performance of a joint program conducted to meet the needs of DoD and the non-DoD agency, pursuant to section 806 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84).

Affected subparts/sections: 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.

Final Rules:

Finland—Public Interest Exception to the Buy American Act (DFARS Case 2009-D022)

Reflects a determination of the Secretary of Defense that it is inconsistent with the public interest to apply the restrictions of the Buy American Act to the acquisition of articles, materials, and supplies produced or manufactured in Finland.

Affected subparts/sections: 225.872

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.

Letter Contract Definitization Schedule (DFARS Case 2007-D011)

Clarifies requirements regarding definitization of letter contracts by specifying that DoD letter contracts will be definitized using the DFARS procedures applicable to all other undefinitized contract actions.

Affected subparts/sections: Table of Contents Part 216; 216.603

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.

Ground and Flight Risk Clause (DFARS Case 2007-D009)

Revises and consolidates contract clauses addressing assumption of risk of loss to apply consistently to all contract types that furnish aircraft to the Government.

Affected subparts/sections: 228.370; Table of Contents Part 231; 231.205; Part 252 Table of Contents; 252.228; PGI 228.3

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 DFARS PGI changes made by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100519

(DFARS Replacement Subparts Document in PDF)

(PGI Replacement Subparts Document in PDF)

On May 19, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rule:

Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2010-D004)

Restricts the use of mandatory arbitration agreements when using funds appropriated or otherwise made available by the DoD Appropriations Act for Fiscal Year 2010 to award contracts that exceed $1 million. It allows the Secretary of Defense to waive applicability to a particular contractor or subcontractor, if determined necessary to avoid harm to national security.

This interim rule supersedes Class Deviation 2010-DO0004 to the Defense Federal Acquisition Regulation Supplement (DFARS) to Implement Additional Contractor Requirements and Responsibilities Restricting the Use of Mandatory Arbitration Agreements dated February 17, 2010.

Affected subparts/sections: 212.503; 212.504; Part 222 Table of Contents; 222.74; Part 252 Table of Contents; 252.222-7006; PGI 222.74.

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:

AbilityOne (DFARS Case 2010-P002)

Provides a link to the AbilityOne Program Procurement List to help acquisition officials determine if acquisitions for supplies or services are covered by DFARS 208.7.

Affected subparts/sections: PGI 207.105

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100507

(DFARS Replacement Subparts Document in PDF)

On May 7, 2010, DoD published the following changes and proposed changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Proposed Rules:

Restriction on Ball and Roller Bearings (DFARS Case 2006-D029)

Revises the domestic source restriction on acquisition of ball and roller bearings in a way that will allow more flexibility with regard to the source of bearing components.

The Federal Register notice for this rule is available here.

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

Presumption of Development at Private Expense (DFARS Case 2007-D003)

Implements special requirements and procedures related to the validation of a contractor's or subcontractor's asserted restrictions on technical data and computer software.

The Federal Register notice for this rule is available here.

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

Cost and Software Data Reporting System (DFARS Case 2008-D027)

Establishes contractor requirements for cost and software data reporting systems for major defense acquisition programs and major automated information system programs.

The Federal Register notice for this rule is available here.

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

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

Preservation of Tooling for Major Defense Acquisition Programs (DFARS Case 2008-D042)

Requires acquisition plans for major weapons systems to include a plan for the preservation and storage of special tooling associated with the production of hardware for major defense acquisition programs through the end of the service life of the related weapons system, pursuant to section 815 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009.

The Federal Register notice for this rule is available here.

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

Marking of Government-Furnished Property (DFARS Case 2008-D050)

Requires contractors to tag, label, or mark items of Government-furnished property identified in the contract when the Government-furnished material and Government-furnished property are subject to serialized item management.

The Federal Register notice for this rule is available here.

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

Technical Amendment

Revises the paragraph designation of the FAR provision in a contract clause.

Affected subparts/sections: 252.204.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100430

(DFARS Replacement Subparts Document in PDF)

On April 30, 2010, DoD published the following changes and proposed changes to the DFARS:

Final Rule:

Service Contract Surveillance (DFARS Case 2008-D032)

Adds policy to ensure that, for solicitations and contracts for services in excess of the simplified acquisition threshold, quality assurance surveillance plans are prepared in conjunction with the preparation of the statement of work or statement of objectives, and that these plans are retained in the official contract file.

Affected subparts/sections: 201.602; Part 237 Table of Contents; 237.172; Part 246 Table of Contents; 246.401.

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:

Award Fee Contracts (DFARS Case 2006-D021)

Proposes to revise the guidance for award-fee evaluations and payments and to eliminate the use of provisional award-fee payments.

The Federal Register notice for this rule is available here.

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

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

Government-Assigned Serial Number Marking (DFARS Case 2008-D047)

Will require contractors to use a standardized method of applying Government-assigned serial numbers in human-readable format on major end items, when required by law, regulation, or military operational necessity.

The Federal Register notice for this rule is available here.

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

Reporting of Government Property Lost, Stolen, Damaged, or Destroyed (DFARS Case 2008-D049)

Will require contractors to report loss, theft, damage, and destruction (LTDD) of Government property to the DCMA “eTools” software application.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100422

On April 22, 2010, DoD published the following proposed changes to the DFARS:

Proposed Rule:

Organizational Conflicts of Interest in Major Defense Acquisition Programs (DFARS Case 2009-D015)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 207 of the Weapons System Acquisition Reform Act of 2009 to provide uniform guidance and tighten existing requirements for organizational conflicts of interest by contractors in major defense acquisition programs.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100408

(DFARS Replacement Subparts Document in PDF)

(PGI Replacement Subpart Document in PDF)

On April 8, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

Export-Controlled Items (DFARS Case 2004-D010)

Adopts as final, with changes, the interim rule published on July 21, 2008, requiring contractors to comply with export control laws and regulations when performing DoD contracts. The rule recognizes contractor responsibilities to comply with existing Department of Commerce and Department of State regulations and prescribes a contract clause to address those responsibilities. This final rule does not address any export control regulations imposed by the Department of Energy, the Nuclear Regulatory Commission, or the Department of the Treasury.

Affected subparts/sections: Part 204 Table of Contents; 204.73; Part 252 Table of Contents; 252.204; 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 changes to PGI is here.

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

Adopts as final, without change, the interim rule published on January 24, 2008, that requires the Milestone Decision Authority (MDA) for a major defense acquisition program (MDAP) to select the contract type for a development program that is consistent with the level of program risk, in accordance with section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year 2007.

Affected subparts/sections: None

The Federal Register notice for this rule is available here.

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

Adopts as final, with minor changes, the interim rule published on September 15, 2008, amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 886 and 892 of the National Defense Authorization Act for Fiscal Year 2008. Section 886 provides authority for DoD to limit competition when acquiring products or services in support of operations in Iraq or Afghanistan. Section 892 addresses competition requirements for the procurement of small arms for assistance to Iraq or Afghanistan.

This final rule supersedes Class Deviation 2009-AO001, Authority to Make Determinations with Regard to Acquisition of Products and Services, other than Small Arms, Produced in Iraq and Afghanistan (DFARS 225.7703-2((b)(2)(ii))dated February 12, 2009.

Affected subparts/sections: 225.401; 225.77; 252.212; 252.225.

The Federal Register notice for this rule is available here.

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

Proposed Rule:

Minimizing the Use of Hexavalent Chromium (DFARS Case 2009-D004)

Proposes to amend the DFARS by adding a new subpart and a corresponding contract clause, to prohibit delivery of items containing hexavalent chromium under DoD contracts unless an exception applies.

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) Publication Notice 20100324

(DFARS Replacement Subparts Document in PDF)

On March 24, 2010, DoD published the following changes to the DFARS:

Final Rule:

Appendix A, Armed Services Board of Contract Appeals, Part 1- Charter

Updates the Charter of the Armed Services Board of Contract Appeals (ASBCA) from the most recent prior version, dated June 27, 2000,to its latest version, dated May 14, 2007. The updated Charter implements changes to ASBCA internal administration to better support the Board’s mission of hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities on disputed questions. In addition to minor administrative changes, the two-year term limits for the Chairman and Vice-Chairmen are removed at paragraph 2. Additionally, the Board is granted, at paragraph 5, all powers necessary for proper performance of its duties, including authority to issue methods of procedures and rules and regulations for its conduct and for the preparation and presentation of appeals and issuance of opinions.

Affected subparts/sections: Appendix A, Part 1

The Federal Register notice for this rule is available here.

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

PGI Change:

Updates contact information provided in the list of Department/Agency FPDS representatives.

Affected subpart/section: PGI 204.602

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100315

(DFARS Replacement Subparts Document in PDF)

On February 11, 2010, DoD published the following change to the DFARS with an effective date of March 15, 2010.

Final Rule:

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

Finalizes, with changes, the interim rule published on July 15, 2009 (DFARS Change Notice 20090715), addressing the 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. The final rule clarifies that non-DoD agencies will also comply with applicable DoD financial management regulations when making purchases for a DoD component and expands existing DFARS definitions.

Affected subparts/sections: 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100305

(DFARS Replacement Subparts Document in PDF)

(PGI Replacement Subparts Document in PDF)

On March 5, 2010, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Interim Rules:

Continuation of Essential Contractor Services (DFARS Case 2009-D017)

Adds policy and a contract clause requiring that contractors providing essential contractor services shall be prepared to continue such services during periods of crisis. As a general rule, the designation of services as essential contractor services will not apply to an entire contract, but will apply only to those service functions that have been specifically identified as essential contractor services by the functional commander or equivalent.

This interim rule supersedes Class Deviation 2009-O0010 to the Defense Federal Acquisition Regulation Supplement (DFARS) for Continuation of Essential Contractor Services dated August 27, 2009.

Affected subparts/sections: PGI 207.105; Part 237 Table of Contents; 237.76; Part 252 Table of Contents; 252.237

The Federal Register notice for this rule is 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.

Payment of Costs Prior to Definitization-Definition of Contract Action (DFARS Case 2009-D035)

Implements section 812 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111-84, enacted October 28, 2009), which makes the limitations on payment of costs prior to definitization of unpriced change orders applicable to all categories of undefinitized contractual actions, “including undefinitized task orders and delivery orders.” The interim rule specifically includes the category of “task orders and delivery orders” in the definition of “contract action” at DFARS 217.7401.

Affected subparts/sections: 217.7401

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100303

On March 03, 2010, DoD published the following advance notice of proposed rulemaking and notice of public meeting:

Advance notice of proposed rulemaking and notice of public meeting

Safeguarding Unclassified Information (DFARS Case 2008-D028)

This advance notice of proposed rulemaking (ANPR) seeks comments from Government and industry on potential changes to the Defense Federal Acquisition Regulation Supplement (DFARS) to address requirements for the safeguarding of unclassified information. The proposed changes would add a new subpart and associated contract clauses for the safeguarding, proper handling, and cyber intrusion reporting of unclassified DoD information within industry. A public meeting will be held on April 22, 2010, from 8:00 a.m. to 4:00 p.m. Details on the public meeting can be found in the Federal Register notice.

The Federal Register notice for this proposed rule is here.

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

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

PGI

Business Systems—Definition and Administration (DFARS Case 2009-D038)

On January 15, 2010, DoD published a proposed rule to improve the effectiveness of DoD oversight of contractor business systems. We are now providing for information purposes a copy of the proposed changes to PGI.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20100301

On March 1, 2010, DoD published the following changes to the DFARS.

Interim Rule:

Additional Requirements Applicable to Multiyear Contracts (DFARS Case 2008-D023)

Implements Section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year 2008. Section 811 is applicable to multiyear contracts for the procurement of major systems for DoD. This interim rule also implements Section 8008 of the Fiscal Year 2007 Defense Appropriations Act, and the same language in subsequent DoD appropriations acts. Section 8008 specifically addresses multiyear procurement of aircraft.

Affected subpart: 217.1.

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) Publication Notice 20100224

On February 24, 2010, DoD published the following change to the DFARS.

Interim Rule:

Acquisition Strategies to Ensure Competition throughout the Life Cycle of Major Defense Acquisition Programs (DFARS Case 2009-D014)

Implements the Weapon Systems Acquisition Reform Act of 2009, section 202, Acquisition Strategies to Ensure Competition throughout the Lifecycle of Major Defense Acquisition Programs.

Affected 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) Publication Notice 20100120

On January 20, 2010, DoD published the following rules:

Final Rules:

2006-D051, Lead Systems Integrators (DFARS Case 2006-D051)

Finalizes, without change, the interim rule published at 74 FR 34266 on July 15, 2009, to implement Section 807 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364) and section 802 of the National Defense Authorization Act for Fiscal Year 2008. Section 807 placed limits on the performance of lead system integrator functions by DoD contractors. Section 802 places limitations on the award of new contracts for lead system integrator functions in the acquisition of major DoD systems.

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

Trade Agreements—Costa Rica, Oman, and Peru (DFARS Case 2008-D046)

Finalizes, without change, the interim rule published at (74 FR 37650) on July 29, 2009, 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 some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness.

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

Proposed Rule:

Inflation Adjustments (DFARS Case 2009-D003)

Proposes adjustment in October 2010 of statutory and non-statutory acquisition-related thresholds, except for Davis-Bacon Act, Service Contract Act, and trade agreements thresholds.

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

DEFENSE FAR SUPPLEMENT (DFARS) Change Notice 20100115

PGI

Plans and reports for undefinitized contract actions.

On December 23, 2009, DoD published a change to the DFARS companion resource, Procedures, Guidance, and Information (PGI) to requires departments and agencies to provide a copy of the record of weighted guidelines for UCAs with a value of $100 million or more, or alternative documentation if there is no record of weighted guidelines.

Affected subparts: PGI 217.74

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

Proposed Rules:

Foreign Participation in Acquisitions in Support of Operations in Afghanistan (DFARS Case 2009-D012)

On January 6, 2010, DoD published a proposed rule to implement a waiver of the section 302(a) of the Trade Agreements Act of 1979, as amended, which prohibits acquisitions from non-designated countries, in order to allow acquisitions from nine South Caucasus/Central and South Asian states.

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.

Business Systems—Definition and Administration (DFARS Case 2009-D038)

On January 15, 2010, DoD published a proposed rule to improve the effectiveness of DoD oversight of contractor business systems.

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 proposed DFARS PGI changes is here.


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