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2011 Publication Notices (Archived)

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111220

On December 20, 2011, DoD published the following interim rule:

Interim Rule:

Utilization of Domestic Photovoltaic Devices (DFARS Case 2011-D046)

This interim rule implements section 846 of the National Defense Authorization Act for Fiscal Year 2011. The rule addresses photovoltaic devices that DoD acquires through utilization in performance of the contract rather than DoD purchase as end products. A determination has been made to apply the rule to contracts for the acquisition of commercial items, but not to contracts at or below the simplified acquisition threshold.

Affected subparts/sections:  212.3; Table of Contents, part 225; 225.70; Table of Contents, part 252; 252.212-7001; 252.225-7017; 252.225-7018.

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:


DoD also published the following proposed rule:

Title 41 Positive Law Codification—Further Implementation (DFARS Case 2012-D003)

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to conform statutory titles to the new Positive Law Codification of Title 41, United States Code, “Public Contracts.” This case proposes to make further changes to the previous titles of Acts that have changed in titles 40 and 41 and other edits, as necessary.

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:


DoD also made the following changes to the DFARS Procedures, Guidance, and Information:

Reporting Sustainability Attributes to the Federal Procurement Data System (FPDS) (DFARS PGI Case 2012-P002)

Provides guidance at PGI 204.606 on the requirements for reporting sustainability attributes to FPDS for products and services coding for the recovered materials/sustainability data field.

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

Monitoring Contractor Costs (DFARS PGI Case 2011-P020)

Provides guidance at PGI 242.302(a)(S-74) on guidelines for monitoring the policies, procedures, and practices used by contractors to control direct and indirect costs related to Government business.

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

Editorial Changes

A hyperlink has been added at 217.207 directing contracting officers to the Director, Defense Pricing memorandum dated December 15, 2011, for requirements for cost and price analysis of spare parts prior to exercising any option for firm-fixed-price contracts containing spare parts.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111207

Technical Amendments:


This final rule amends the DFARS as follows:

  • Updates the definition of “Contracting activity.”  Affected section:  202.101.


  • Directs contracting officers to additional procedures and guidance by adding references to the DFARS PGI.  Affected sections:  Table of Contents, part 204; 204.402; 204.403; 205.207(a)(i) and (d)(iii); 215.407-2; Table of Contents, part 219; 219.202-1; 219.301-2; 219.301-3; Table of Contents, part 237; 237.102-75; and 237.102-76.


  • Corrects various references.  Affected sections:  206.203(b), 207.471(b), 209.105-1(2), 209.403, 209.406-1(a)(i)(A),211.002, 212.503(a)(x), 212.504(a)(xvi), 213.301(2), 214.404-1, 216.603-4(b)(3), 225.7501(a)(2)(i), 227.304-1, 234.003, 234.201(4), and 243.204-71(b).


  • Adds a paragraph reflecting a statutory threshold for multiyear contracts for services that was inadvertently omitted from a final rule published at 76 FR 58152 on September 20, 2011. This coverage was previously included at DFARS 217.171(a)(6).  Affected section:  217.171(d).


  • Revises the subpart 217.5 heading to align with the Federal Acquisition Regulation (FAR), redesignates 217.500(b) as 217.500(a), and redesignates 217.504 as 217.503 and adds a FAR reference.  Affected subpart/sections:  Table of Contents, part 217; 217.5; 217.500; and 217.503.


  • Makes minor editorial corrections.  Affected sections:  225.403(c) and 227.7203-15(c)(1) through (4).


  • Makes minor corrections to clause dates, format, addresses, and references in several clauses.  Affected subparts/sections:  252.203-7003; 252.211-7003, Alternate I; 252.212-7001; 252.227-7015; 252.229-7006; 252.229-7008; and 252.235-7002.


  • Amended Appendix A, Part 1—Charter, paragraph 1 by removing “(41 U.S.C. Sect 601, et seq.)” and adding in its place “(41 U.S.C. Sections 7101-7109)”.


The Federal Register notice for this technical amendment is available here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111202

On December 2, 2011, DoD published the following proposed rule:

Proposed Rule:

Proposal Adequacy Checklist (DFARS Case 2011-D042)

Proposes to amend the DFARS to provide a proposal adequacy checklist for inclusion in solicitations that require submission of certified cost and pricing data.

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 20111121

On November 21, 2011, DoD published the following proposed rules:

Proposed Rules:

Separation of Combined Provisions and Clauses (DFARS Case 2011-D048)

This rule proposes to separate the provision segments from five existing DFARS clauses to establish stand-alone provisions.

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.

Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047)

This rule clarifies the applicability to commercial items of DoD policies relating to the use of materials containing hexavalent chromium. The rule corrects an oversight in the publication of the final rule, DFARS Case 2009-D004, to separately prescribe the clause at 252.223-7008 in part 212.

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.

Updates to Wide Area WorkFlow (DFARS Case 2011-D027)

Updates DoD policy and procedures on electronic submission of payment requests and receiving reports through Wide Area WorkFlow and TRICARE Encounter Data System.

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 20111118

On November 18, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rules:

Transition to the System for Award Management (DFARS Case 2011-D053)

This final rule revises DFARS webpage references for the Online Representations and Certifications Application database in order to transition Integrated Acquisition systems to the new System for Award Management architecture. The PGI changes provide revised webpage references to the Excluded Parties List System.

Affected parts/subparts:  212.301; 252.204-7007; PGI 209.105-1.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Administering Trafficking in Persons Regulations (DFARS Case 2011-D051)

This final rule adds to the list of contract administration functions a requirement to maintain surveillance over contractor compliance with duties and responsibilities pertaining to trafficking in persons when they are incorporated in contracts. The PGI changes update websites for obtaining additional DoD guidance and procedures on trafficking in persons.

Affected parts/subparts:  242.302; PGI 207.105; PGI 222.1703.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Extension of Department of Defense Mentor-Protégé Pilot Program (DFARS Case 2011-D050)

This final rule amends the DFARS to extend the date for submittal of applications under the DoD Mentor-Protégé Pilot Program for new mentor-protégé agreements and the date mentors may incur costs and/or receive credit towards fulfilling their small business subcontracting goals through an approved mentor-protégé agreement.

Affected parts/subparts:  219.7104 and Appendix I.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032)

Adopts as final, without change, an interim rule amending the DFARS to implement the statutory authority to invoke a simplified acquisition threshold that is two times the normal amount to support a humanitarian or peacekeeping operation.

Affected parts/subparts:  None.

The Federal Register notice for this rule is available here.

Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031)

Adopts as final, without change, an interim rule to implement section 812 of the NDAA for Fiscal Year 2011 requiring appropriate consideration of the manufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors as a part of the source selection process for major defense acquisition programs.

Affected parts/subparts:  None.

The Federal Register notice for this rule is available here.

Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011-D021)

Adopts as final, with changes, an interim rule amending the DFARS to implement section 821 of the National Defense Authorization Act for Fiscal Year 2011 that prohibits requiring the use of fire-resistant rayon fiber in solicitations issued before January 1, 2015. Clarifying language that there is nothing that prohibits offerors from proposing the use of fire-resistant rayon fiber is provided in the final rule.

Affected parts/subparts:  Table of Contents, part 211; 211.170; 225.7016.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Accelerate Payments to Small Business (DFARS Case 2011-D008)

Adopts as final, without change, an interim rule to accelerate payments for all DoD small business contractors.

Affected parts/subparts:  None.

The Federal Register notice for this rule is available here.

Representation Relating to Compensation of Former DoD Officials (DFARS Case 2010-D020)

This final rule requires offerors to represent whether former DoD officials who are employees of the offeror are in compliance with post-employment restrictions. It implements a recommendation by the GAO by adding a new representation for offerors to complete and provide as part of each proposal, including proposals for commercial items.

Affected parts/subparts:  Table of Contents, part 203; 203.171-4; Table of Contents, part 252; 252.203-7005.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Responsibility and Liability for Government Property DFARS Case 2010-D018)

Extends the Government self-insurance policy to Government property provided under negotiated fixed-price contracts that are awarded on a basis other than submission of certified cost or pricing data.

This final rule supersedes Class Deviation 2010-O0003, Responsibility and Liability for Government Property, dated February 12, 2010.

Affected subparts/sections:  Table of Contents, part 245; 245.104; 245.107.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

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

Adopts as final, with minor changes, an interim rule to implement section 814 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010 regarding the notification requirements to Congress when awarding a single-award task- or delivery-order contract in excess of $103 million.

Affected subparts/sections:  216.504; PGI 216.504.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111102

On November 2, 2011, DoD made the following changes to the DFARS Procedures, Guidance, and Information:

PGI changes:

Checking the EPLS (DFARS Case 2011-P022)

Provides guidance at PGI 209.405 on the requirements for reviewing the Excluded Parties List System and for documenting the contract file with the results of the review.

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

Cost Estimates for Program Baselines and Contract Negotiations (DFARS Case 2011-P014)

Provides guidance at PGI 215.406-1 on preparing cost estimates for program baselines and contract negotiations for Major Defense Acquisition and Major Automated Information System Programs.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111028

On October 28, 2011, DoD made the following changes to the DFARS Procedures, Guidance, and Information.

PGI changes:


PGI 201.170:  Provides new guidance on the criteria to consider when conducting preaward and postaward peer reviews and provides a link to PGI 237.102-76, Review criteria for the acquisition of services.

PGI 237.102-76:  Provides the tenets of the DoD-wide architecture for the acquisition of services along with the associated review criteria provided in the form of matrices. These matrices are to be used when conducting reviews in the preaward phase, such as review/approval of acquisition strategies or preaward peer reviews, and in the postaward phase, including peer reviews.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111021

On October 21, 2011, DoD made the following changes to the DFARS Procedures, Guidance, and Information.

PGI changes:


PGI 215.407-2(d) and (f):  Provides new guidance on the factors to consider when deciding whether to request a make-or-buy plan, and factors to consider when evaluating make-or-buy plan submissions.

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

PGI 237.102-75:  Provides a new “Guidebook for the Acquisition of Services.” This document provides acquisition teams with a step-by-step guide explaining the process of acquiring services.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111019

DoD published the following proposed rule:

Proposed Rule:

Reporting of Government-Furnished Property (DFARS Case 2012-D001)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to revise and expand reporting requirements for Government-furnished property to include items uniquely and non-uniquely identified and 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.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20111004

On October 4, 2011, DoD made the following changes to the DFARS and the DFARS Procedures, Guidance, and Information:

Final Rules:

Defense Cargo Riding Gang Member (DFARS Case 2007-D002)

DoD is adopting as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 3504 of the National Defense Authorization Act for Fiscal Year 2009. Section 3504 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.

Affected parts/subparts:  212.3; 247.5; 252.212; 252.247; PGI 247.5.

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.

Definition of “Qualifying Country End Product” (DFARS Case 2011-D028)

This final rule revises the definition of “qualifying country end product.” The rule eliminates the component test for qualifying country end products that are commercially available off-the-shelf (COTS) items.

Affected parts/subparts:  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.

DoD also published the following proposed rule:

Proposed Rule:

Contracting with the Canadian Commercial Corporation—Cost or Pricing Data (DFARS Case 2011-D049)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the requirements for the Canadian Commercial Corporation to submit data other than certified cost or pricing data.

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.

PGI change:

Makes an editorial change to PGI 242.1203(9) to reflect the correct references to PGI 204.606(4).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110920

On September 20, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rules:

Designation of a Contracting Officer’s Representative (DFARS Case 2011-D037)

Clarifies that a contracting officer’s representative must be an employee, military or civilian, of the U.S. Government, a foreign government, or a North Atlantic Treaty Organization/coalition partner, and that contractor personnel shall not serve as a contracting officer’s representative.

This final rule supercedes Class Deviation 2011-O0008, Designation of Contracting Officer’s Representative, dated March 21, 2011.  The PGI change provides a related DPAP memorandum.

Affected subparts/sections:  DFARS 201.602-2 and PGI 201.602-2.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Positive Law Codification of Title 41 U.S.C. (DFARS Case 2011-D036)

Conforms references throughout the DFARS to the new Codification of Title 41, United States Code, “Public Contracts,” which was enacted by Public Law 111-350 on January 4, 2011. The PGI change provides reference updates.

Affected subparts/sections:  DFARS 201.107; 201.304; 209.406-2; 212.207; 215.403-1; 219.703; 232.803; 237.102-71; 243.204-71; 252.203-7000, 252.212-7001, 252.219-7003, 252.225-7001, 252.227-7037; Appendix I-101.4; PGI 215.402 and 215.403.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010-D024)

Removes the requirement to use DoD-specific forms to prepare contractor performance evaluations for construction and architect-engineer services, since performance reports are completed electronically in CPARS. The PGI change removes the process instructions for manual submission of the forms.

Affected subparts/sections:  DFARS Table of Contents, part 236; 236.102; 236.201; 236.602, 236.604; 236.606-70, 236.609-70; PGI 236.201; and 236.602-1.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Alternative Line Item Structure (DFARS Case 2010-D017)

Establishes a standard procedure for offerors to propose an alternative line item structure that reflects the offeror’s business practices for selling and billing commercial items and initial provisioning spares for weapon systems.

Affected subparts/sections:  DFARS Table of Contents, part 204; 204.7103-1; 204.7109; 212.301; Table of Contents, part 252; 252.204-7011.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Passive Radio Frequency Identification (DFARS Case 2010-D014)

Updates requirements for the use of passive radio frequency identification (RFID).

Affected subparts/sections:  DFARS Table of Contents, part 211; 211.275-1; 211.275-2; 211.275-3; Table of contents, part 252; and 252.211-7006.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Discussions Prior to Contract Award (DFARS Case 2010-D013)

Implements the DoD Source Selection Joint Analysis Team recommendation to strongly encourage the use of discussions in all competitive negotiated procurements over $100 million.

Affected subparts/sections:  DFARS Table of Contents, part 215; 215.209; and 215.306.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

Multiyear Contracting (DFARS Case 2009-D026)

Updates and clarifies the requirements for multiyear contracting.

Affected subparts/sections:  DFARS Table of Contents, part 217; 217.170; 217.171; 217.172; 217.173; 217.174; 241.103; and PGI 217.174.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

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

Revises DFARS Appendix F to include new coverage on the use, preparation, and distribution of the electronic Wide Area WorkFlow Receiving Report.  PGI revises a section number.

Affected subparts/sections:  DFARS Table of Contents, Appendix F; Appendix F; and PGI Appendix F.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019)

Authorizes use of U.S. Government fuel cards in lieu of an SF 44, Purchase-Order-Invoice-Voucher, for fuel, oil, and refueling-related items for purchases not exceeding the simplified acquisition threshold.  PGI addresses use of the fuel cards.

Affected subparts/sections:  DFARS 213.306 and PGI 213.306.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

DFARS PGI changes made by this rule are shown in a Microsoft Word format document here.

Annual Representations and Certifications (DFARS Case 2009-D011)

Conforms DFARS to changes in the FAR relating to annual representations and certifications.

Affected subparts/sections:  DFARS Table of Contents, part 204; 204.1202; and 252.204-7007.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

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

Implements section 815 of the Fiscal Year (FY) 2008 National Defense Authorization Act (NDAA) and section 802(b) of the FY 2007 NDAA to provide special requirements and procedures related to the validation of a contractor’s or subcontractor’s asserted restrictions on technical data and computer software.

Affected subparts/sections:  DFARS 212.504; Table of contents, part 227; 227.7102; 227.7102-3; 227.7102-4; 227.7103-6; 227.7103-13; 227.7203-13; 252.212-7001; 252.227-7013; 252.227-7015; 252.227-7019; 252.227-7037; 252.244-7000.

The Federal Register notice for this rule is available here.

DFARS changes made by this rule are shown in a Microsoft Word format document here.

PGI changes:

PGI 204.6, 205.2, and 242.12:  Revises guidance on reporting contract actions to FPDS.

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

PGI 204.4:   Provides new guidance on safeguarding classified information within industry.

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

PGI 204.70:   Provides new guidance and a matrix on cross referencing terms in the DFARS and FPDS.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110916

On September 16, 2011, DoD made the following changes to the DFARS and the DFARS Procedures, Guidance, and Information:

Interim Rule:

Award Fee Reduction or Denial for Health or Safety Issues (DFARS Case 2011-D033)

Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 834 and 823 of the National Defense Authorization Acts (NDAA) for Fiscal Years (FY) 2011 and 2010, respectively, providing increased statutory authorities to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel and adding a mechanism to decrease or eliminate a contractor’s award fee for a specific performance period. In addition, this rule modifies section 872 of the NDAA for FY 2009 that requires that information on the final determination of award fee be entered into the Federal Awardee Performance and Integrity Information System (FAPIIS).

Affected parts/subparts:  Table of Contents, part 209; 209.1; 216.4; 252.216.

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:

Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010)

This final rule amends the DFARS to increase the use of fixed-price incentive (firm target) contracts, with particular attention to share lines and ceiling prices.

Affected parts/subparts:  Table of Contents, part 216; 216.4; PGI 216.4.

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 DFARS PGI changes made by this rule is here.

Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026)

This final rule amends the DFARS to require contractors to display the DoD fraud hotline poster in common work areas.

Affected parts/subparts:  203.10; Table of Contents, part 252; 252.203-7004.

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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110819

On August 19, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rules:

Nonavailablity Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)

Adopts as final, with minor changes, an interim rule implementing section 847 of the National Defense Authorization Act for Fiscal Year 2011. Section 847 provides a domestic nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools. The final rule includes a conforming change to 225.7002-2(c), which provides an exception to the restrictions of the Berry Amendment for acquisitions of items listed in FAR 25.104(a), Nonavailable articles.

Affected subparts/sections:  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.

Identification of Critical Safety Items (DFARS Case 2010-D022)

Adds a contract clause that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be performed.

Affected subparts/sections:  Table of Contents, DFARS part 209; 209.270; Table of Contents, DFARS part 252; 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.

Government Property (DFARS Case 2009-D008)

Revises DFARS part 245 to conform with changes to the Federal Acquisition Regulation.

Affected subparts/sections:  Table of Contents, DFARS; Table of Contents, DFARS part 201; 201.6; Table of Contents, DFARS part 245; 245.107; 245.5; 245.6; 245.70; 245.71; 245.72; 245.73; Table of Contents, DFARS part 252; 252.245; PGI 245.6

The Federal Register notice for this rule is available here.

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

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

Interim Rule:

Contractors Performing Private Security Functions (DFARS Case 2011-D023)

Implements section 862 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008, as amended by section 853 of the NDAA for FY 2009 and sections 831 and 832 of the NDAA for FY 2011. Section 862, as amended, establishes minimum processes and requirements for the selection, accountability, training, equipping, and conduct of personnel performing private security functions. Provides implementing contractual language and a contract clause applicable to DoD contracts only.

Affected subparts/sections:  Table of Contents; DFARS part 216; 216.405; Table of Contents, DFARS part 225; 225.3; Table of Contents, DFARS part 252; 252.212; 252.225; 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110725

On July 25, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rule:

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

Adopts as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 1038 of the National Defense Authorization Act (NDAA) for Fiscal Year 2010. Section 1038 prohibits contractor personnel from interrogating detainees under the control of DoD.

Affected subparts/sections:  None.

The Federal Register notice for this rule is available here.

Interim Rule:

Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations (DFARS Case 2011-D032)

Implements the authority provided by 10 U.S.C. 2302(7) to invoke a simplified acquisition threshold that is two times the amount specified at 41 U.S.C. 134 (formerly 41 U.S.C. 403(11)), as amended by section 807 of the National Defense Authorization Act for Fiscal Year 2005, to support a humanitarian or peacekeeping operation.

This interim rule supercedes Class Deviation 2011-O0009, Simplified Acquisition Threshold for Humanitarian or Peacekeeping Operations, dated March 28, 2011.

Affected subparts/sections:  202.101; Table of Contents, DFARS part 218; 218.270.

The Federal Register notice for this rule is available here.

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

DoD also published the following proposed rule:

Proposed Rule:

Only One Offer (DFARS Case 2011-D013)

Proposes to add a new section at 215.371 and two new solicitation provisions to address acquisitions using competitive procedures in which only one offer is received. With some exceptions, the contracting officer must resolicit for an additional period of at least 30 days, if the solicitation allowed fewer than 30 days for receipt of proposals and only one offer is received. If a period of at least 30 days was allowed for receipt of proposals, the contracting officer must determine prices to be fair and reasonable through price or cost analysis or enter negotiations with the offeror.

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:

On July 14, 2011, DoD made the following change to the DFARS PGI:

Adds significant information at PGI 225.7002-1 on interpretation of the Berry Amendment restriction on foreign acquisition of hand or measuring tools.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110629

On June 29, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rules:

Extension of Restrictions on the Use of Mandatory Arbitration Agreements (DFARS Case 2011-D035)

Implements the statutory requirements of section 8102 of the DoD and Full-Year Continuing Appropriations Act, 2011 and similar sections in subsequent appropriations acts, to extend the restriction on the use of mandatory arbitration agreements, when awarding contracts that exceed $1 million, to use of 2011 and subsequent fiscal year funds appropriated or otherwise made available by this Act or any subsequent DoD appropriations act.

This final rule supercedes DoD Class Deviation 2011-O0011, Extension of Restrictions on the Use of Mandatory Arbitration Agreements, dated May 6, 2011.

Affected subparts/sections:  212.5 and 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.

Successor Entities to the Netherlands Antilles (DFARS Case 2011-D029)

Revises the definitions of “Caribbean Basin country” and “designated country” due to the change in the political status of the islands that comprised the Netherlands Antilles.

Affected parts/subparts:  252.212 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.

Assignment of Order Codes (DFARS Case 2011-D004)

Specifies Defense Procurement and Acquisition Policy, Program Development and Implementation, as the office responsible for maintaining order code assignments. The order code procedures are moved from the DFARS to its companion resource, DFARS Procedures, Guidance, and Information.

Affected subparts/sections:  204.70; PGI 204.70.

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 DFARS PGI changes made by this rule is here.

Definition of Sexual Assault (DFARS Case 2010-D023)

Ensures contractor employees accompanying U.S. Armed Forces are made aware of the DoD definition of sexual assault as defined in DoD Directive 6495.01, Sexual Assault Prevention and Response Program, and that many of the offenses addressed in the definition are covered under the Uniform Code of Military Justice. Further, sexual assault offenses in the definition that are not covered by the Uniform Code of Military Justice may nevertheless have consequences to contractor employees under DFARS clause 252.225-7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States.

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.

Interim Rules:

Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2011-D034)

Implements the statutory requirements of section 866 of the National Defense Authorization Act for Fiscal Year 2011. Section 866 authorized the Secretary of Defense to establish a pilot program to assess the feasibility and advisability of acquiring military-purpose nondevelopmental items in accordance with the streamlined procedures of the pilot program.

Affected subparts/sections:  DFARS Table of Contents; Table of Contents, part 212; 212.71; Table of Contents, part 252; 252.212; PGI 212.71.

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.

Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031)

Implements the statutory requirements of section 812 of the National Defense Authorization Act for Fiscal Year 2011. Section 812(b)(5), instructs DoD to issue guidance that, at a minimum, shall require appropriate consideration of the manufacturing readiness and manufacturing-readiness processes of potential contractors and subcontractors as a part of the source selection process for major defense acquisition programs.

Affected subparts/sections:  215.304.

The Federal Register notice for this rule is available here.

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

DoD also published the following proposed rule:

Proposed Rule:

Safeguarding Unclassified DoD Information (DFARS Case 2011-D039)

Proposes to add new subpart 204.74 and associated contract clauses to address requirements for safeguarding unclassified DoD information.

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 20110623

On June 23, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information:

Final Rule:

Synchronized Predeployment and Operational Tracker (SPOT) (DFARS Case 2011-D030)

Revises terminology and addresses internal contract administration requirements associated with the Synchronized Predeployment and Operational Tracker (SPOT) system.

Affected subparts/sections:  225.74; 242.3; 252.225; PGI 207.1; PGI 225.74.

The Federal Register notice for this rule is available here.

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

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110617

On June 17, 2011, DoD made the following change to the DFARS Procedures, Guidance, and Information.

PGI Change:

PGI 216.405-2:  Adds new language at paragraph (1) to require the contracting officer to separately address and document the reduced cost risk on cost-plus-award-fee contracts for the period up do the date of definitization as well as for the remaining period of performance.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110608

On June 8, 2011, DoD made the following changes to the DFARS:

Final Rules:

Inclusion of Option Amounts in Limitations on Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2011-D024)

Implements section 826 of the National Defense Authorization Act for Fiscal Year 2011. Section 826 clarifies that the threshold limitation for contracts and subcontracts under the pilot program of $50 million includes the dollar value of all options.

Affected parts/subparts:  Table of Contents, part 212; 212.7002-3.

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.

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

DoD is amending the DFARS to implement a policy memorandum of the Undersecretary of Defense for Acquisition, Technology and Logistics to define the requirements to track warranties for Item Unique Identification-required items in the DoD Item Unique Identification Registry.

Affected parts/subparts:  211.274; Table of Contents, part 246; 246.7; Table of Contents, part 252; 252.211; and 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110606

On June 6, 2011, DoD made the following changes to the DFARS:

Final Rules:

Foreign Acquisition Amendments (DFARS Case 2011-D017)

Corrects several anomalies resulting from recent changes relating to source of ball and roller bearing components, eligibility of Peruvian end products under trade agreements, and participation of foreign contractors in acquisitions in support of operations in Afghanistan.

Affected parts/subparts:  225.70; 252.212; 252.225.

The Federal Register notice for this rule is available here.

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

Agency Office of the Inspector General (DFARS Case 2011-D006)

Makes administrative corrections relating to DFARS clause 252.203-7003, Agency Office of the Inspector General.

Affected parts/subparts:  203.10; 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.

Interim Rule:

Fire-Resistant Fiber for Production of Military Uniforms (DFARS Case 2011-D021)

Implements section 821 of the National Defense Authorization Act for Fiscal Year 2011. Section 821 prohibits specification of the use of fire-resistant rayon fiber in solicitations issued before January 1, 2015.

Affected parts/subparts:  Table of Contents, part 225; 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.

DoD also published the following two proposed rules:

Proposed Rules:

Definition of “Qualifying Country End Product” (DFARS Case 2011-D028)

Proposes to amend the definition of “qualifying country end product” by eliminating the component test for qualifying country end products that are commercially available off-the-shelf items.

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.

Representation Relating to Compensation of Former DoD Officials (DFARS Case 2010-D020)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require that offerors represent whether former DoD officials employed by the offeror are in compliance with post-employment restrictions.

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 20110518

On May 18, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Interim Rule:

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

Implements the statutory requirements of section 893 of the FY 2011 National Defense Authorization Act and improves the effectiveness of DoD oversight of contractor business systems. Section 893 set forth statutory requirements for the improvement of contractor business systems to ensure that such systems provide timely, reliable information for the management of DoD programs.

Affected subparts/sections:  DFARS Table of Contents; 215.4; Table of Contents, part 234; 234.0; 234.2; Table of Contents, part 242; 242.70; 242.72; 242.75; Table of Contents, part 244; 244.1; 244.3; 245.1; Table of Contents, part 252; 252.215; 252.234; 252.242; 252.244; 252.245; PGI 215.4; PGI 242.70; PGI 242.72; PGI 242.75; PGI 244.3; PGI 245.1.

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 DFARS PGI changes made by this rule is here.

PGI Changes:

PGI 225.7402-5:  Deletes obsolete language at paragraph (a) that does not apply to use of Class Deviation 2011-O0004, Contractor Personnel Performing in the United States Central Command Area of Responsibility, dated April 25. 2011, and renumbers the subparagraphs accordingly.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110511

On May 11, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rule:

Rules of the Armed Services Board of Contract Appeals (No Case Number)

Updates the Rules of the Armed Services Board of Contract Appeals (ASBCA). The final rule implements statutory increases in the thresholds relating to the submission and processing of contract appeals and updates statutory references and other administrative information.

Affected subparts/sections: Appendix A.

The Federal Register notice for this rule is available here.

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

Technical Amendments:

Adds language at 209.405 providing the mailing address for the GSA Suspension and Debarment Official

Affected subparts/sections: 209.405

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.

Adds language at 225.7404 to direct contracting officers to additional guidance available on contract administration considerations when supporting contingency operations.

Adds language and a new subpart at 225.78 directing contracting officers to guidance on theater security cooperation efforts conducted in support of the geographic combatant commander, which may include support such as military exercises/training, base operations, and weapons procurement.

Affected subparts/sections: Table of Contents, part 225; 225.74; 225.78.

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.

PGI Changes:

Contingency Contract Administration Services (PGI Case 2011-P013)

Adds language at PGI 207.1 on acquisition planning considerations for crisis situations.

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

Theater Security Cooperation Efforts (PGI Case 2011-P015)

Adds language in PGI 207.1 on acquisition planning considerations for procurement support for in-theater security cooperation efforts.

Adds language and a new subpart at PGI 225.78 that provides guidance on theater security cooperation efforts conducted in support of the geographic combatant commander, which may include support such as military exercises/training, base operations, and weapons procurement.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110505

On May 5, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information (PGI).

Final Rules:

Electronic Ordering Procedures (DFARS Case 2009-D037)

DoD is amending the DFARS to address electronic business procedures for placing orders under indefinite-delivery contracts. This final rule adds a new DFARS clause to clarify this process.

Affected subparts/sections: 216.506; Table of Contents, part 252; 252.216.

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.

Guidance on Personal Services (DFARS Case 2009-D028)

DoD is adopting as a final rule, with changes, the interim rule amending the DFARS to implement section 831 of the National Defense Authorization Act for Fiscal Year 2009, which required DoD to develop guidance on personal services contracts.

Affected subparts/sections: 211.106; 237.104; 237.503; and PGI 237.503.

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 is here.

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

DoD is issuing a final rule amending the DFARS to implement the requirements for minimizing the use of materials containing hexavalent chromium in items acquired by DoD. This rule codifies a DoD policy for addressing the serious human health and environmental risks related to the use of hexavalent chromium.

Affected subparts/sections: DFARS Table of Contents, part 223; subpart 223.73; Table of Contents, part 252; 252.223; and PGI 223.73.

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 is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110427

On April 27, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rule:

Definition of Multiple-Award Contract (DFARS Case 2011-D016)

DoD issued a final rule to amend the DFARS to revise the definition of multiple-award contract to correct previous imprecision in the definition.

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.

Interim Rule:

Accelerate Small Business Payments (DFARS Case 2011-D008)

DoD issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to accelerate payments to all small business concerns.

Affected subpart: 232.9.

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:

Makes administrative changes in DFARS PGI 225.7402-5(a) to make conforming changes to reflect class deviation 2011-O0004 issued on April 25, 2011, which superseded class deviation 2007-O0010.

Additionally, a new DFARS PGI 225.7404 is added for contract administration in support of contingency operations.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110419

On April 19, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information.

Final Rules:

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

DoD is adopting as a final rule, without change, an interim rule amending the DFARS to implement revisions to DoD Directive-Type Memorandum (DTM) 09-019, “Policy Guidance for Foreign Ownership, Control, or Influence (FOCI).”

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Acquisition of Commercial Items (DFARS Case 2008-D011)

DoD is adopting as final, with minor editorial changes, an interim rule amending the DFARS to implement sections 805 and 815 of the National Defense Authorization Act for Fiscal Year 2008.

Affected subparts/sections: 202.101 and 212.207.

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:

Makes administrative changes in DFARS PGI 204, 208, 229, and PGI Appendix F to reflect a single-agency environment within the Defense Logistics Agency.

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

Technical Amendments:

Makes administrative changes in DFARS parts 202 and 204 to reflect a single-agency environment within the Defense Logistics Agency.

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

Makes editorial corrections to the clause number in the heading of the section and in the introductory text at 252.216-7004; and

Adds the provision title and makes an editorial correction in the introductory text of the provision at 252.234-7003.

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

DoD also published the following four proposed rules:

Proposed Rules:

Responsibility and Liability for Government Property (DFARS Case 2010-D018)

Proposes to amend the DFARS to extend the Government self-insurance policy to Government property provided under negotiated fixed-price contracts that are awarded on a basis other than submission of certified cost or pricing data.

The Federal Register notice for this rule is available here.

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

Construction and Architect-Engineer Services Performance Evaluation (DFARS Case 2010-D024)

Proposes to amend the DFARS to remove the requirement to use DoD-unique forms to prepare contractor performance evaluations for construction and architect-engineer services.

The Federal Register notice for this rule is available here.

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

Alternative Line-Item Structure (DFARS Case 2010-D017)

Proposes to amend the DFARS to establish a standard procedure for offerors to propose an alternative line-item structure that reflects the offeror’s business practices for selling and billing commercial items and initial provisioning spares for weapon systems.

The Federal Register notice for this rule is available here.

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

Ships Bunkers Easy Acquisition (SEA) Card® and Aircraft Ground Services (DFARS Case 2009-D019)

Proposes to amend the DFARS to allow the use of U.S. Government fuel cards in lieu of a Purchase Order-Invoice-Voucher for fuel, oil, and refueling-related items for purchases not exceeding the simplified acquisition threshold.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110331

On March 31, 2011, DoD made the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI).

PGI Changes:

PGI 215.303, Responsibilities

Deletes subparagraph (b)(2)(C) in its entirety.

Affected subparts/sections: PGI 215.303.

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

PGI 215.406-1, Prenegotiation Objectives.

Revises paragraph (b) to add new subparagraphs.

Affected subparts/sections: PGI 215.406.

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

PGI 219.702, Statutory requirements

Revises the date at subparagraph (i)(A)(1) by removing “September 30, 2010” and replacing it with “December 31, 2011.”

Affected subparts/sections: PGI 219.702.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110317

On March 17, 2011, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information:

Final Rules:

Repeal of Restriction on Ballistic Missile Defense Research, Development, Test, and Evaluation (DFARS Case 2011-D026)

Implements section 222 of the National Defense Authorization Act for Fiscal Year 2011 by repealing the restriction on purchase of Ballistic Missile Defense research, development, test, and evaluation from foreign sources.

Affected subparts/sections: Table of Contents, Part 225; 225.70; Table of Contents, Part 252; 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 DFARS PGI changes made by this rule is here.

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

Adopts as final, without change, the interim rule implementing section 807 of the National Defense Authorization Act for Fiscal Year 2010, which requires that facilities, infrastructure, and equipment that are intended for use by military or civilian personnel of the Department of Defense, 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.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

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

Adopts as final, without change, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 828 of the National Defense Authorization Act for Fiscal Year 2008 authorizing the Department 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 based on a written determination by the cognizant head of the contracting activity.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Interim Rule:

Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)

Implements section 847 of the National Defense Authorization Act for Fiscal Year 2011 by providing a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools.

Affected subparts/sections: 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.

Proposed Rule:

Identification of Critical Safety Items (DFARS Case 2010-D022)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a contract clause that clearly identifies any items being purchased that are critical safety items so that the proper risk-based surveillance can be performed.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110311

On March 11, 2011, DoD made the following changes to the DFARS:

Proposed Rule:

Display of DoD Inspector General Fraud Hotline Posters (DFARS Case 2010-D026)

Proposes to amend the DFARS to require contractors to display the DoD fraud hotline poster in common work areas.

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.

Technical Amendment:

Directs contracting officers to follow the principles and procedures in the Director, Defense Procurement and Acquisition Policy memorandum dated March 4, 2011, Department of Defense Source Selection Procedures, when conducting negotiated, competitive acquisitions utilizing FAR part 15 procedures.

Affected parts/subparts: Table of Contents, part 215; 215.3.

The Federal Register notice for this rule is available here.

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

On March 7, 2011, DoD made the following change to the DFARS companion resource, Procedures, Guidance, and Information:

PGI Change:

Addresses at PGI 232.610 the disposition of deferment requests for a decision on granting the deferment.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110307

On March 7, 2011, DoD published the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI:

Adds a reference and a hyperlink at PGI 215.300 to the Department of Defense Source Selection Procedures dated March 4, 2011.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110302

On March 2, 2011, DoD made the following changes to the DFARS:

Final Rules:

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

Implements section 815 of the National Defense Authorization Act for Fiscal Year 2009 requiring the preservation and storage of unique tooling associated with the production of hardware for a major defense acquisition program through the end of the service life of the end item associated with such a program.

Affected subparts/sections: 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

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

Finalizes, with minor change, the interim rule published at 75 FR 40712, on July 13, 2010, to comply with the Office of Management and Budget implementation of the Prompt Payment Act by exempting military contingencies, and certain payments related to emergencies and the release or threatened release of hazardous substances.

Affected subparts/sections: 232.9.

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:

Government Support Contractor Access to Technical Data (DFARS Case 2009-D031

Implements section 821 of the National Defense Authorization Act for Fiscal Year 2010. Section 821 provides authority for certain types of Government support contractors to have access to proprietary technical data belonging to prime contractors and other third parties, provided that the technical data owner may require the support contractor to execute a non-disclosure agreement having certain restrictions and remedies.

Affected subparts/sections: Table of Contents, Part 209; 209.4; 209.5; 227.71; 252.212; 252.227.

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 Rules:

Increase the Use of Fixed-Price Incentive (Firm Target) Contracts (DFARS Case 2011-D010)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to increase the use of fixed-price incentive (firm target) contracts, with particular attention to share lines and ceiling prices with a 120 percent ceiling and a 50/50 share ratio as the default arrangement.

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

Independent Research and Development Technical Descriptions (DFARS Case 2010-D011)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to require contractors to report independent research and development projects generating annual costs in excess of $50,000.

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

Multiyear Contracting (DFARS Case 2009-D026)

Proposes to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to update and clarify the requirements for multiyear contracting.

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 20110222

On February 22, 2011, DoD made the following changes to the DFARS:

Final Rules:

Repeal of the Small Business Competitiveness Demonstration Program (DFARS Case 2011-D001)

Implements section 1335 of the Small Business Jobs Act of 2010, which repealed the Small Business Competitiveness Demonstration Program. Accordingly, DFARS 219.10, Small Business Competitiveness Demonstration Program, is removed in its entirety.

Affected subparts/sections: DFARS Table of Contents; Table of Contents, part 219; 219.10.

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

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

Finalizes, without change, an interim rule published on July 13, 2010 (75 FR 40714), to implement section 820 of the National Defense Authorization Act for Fiscal Year 2010 to add a requirement to publish a notification of the intention to bundle a DoD procurement at least 30 days prior to (1) the release of a solicitation or (2) placing an order without a solicitation.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

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

Finalizes, without change, an interim rule published on June 8, 2010 (75 FR 32639), to implement section 806 of the National Defense Authorization Act for Fiscal Year 2010 to authorize an agency that is an element of the intelligence community to award a contract for supplies or services in excess of the simplified acquisition threshold for the performance of a joint program conducted to meet the needs of DoD and the non-DoD agency.

Affected subparts/sections: None.

The Federal Register notice for this rule is available here.

Proposed Rule:

Passive Radio Frequency Identification (DFARS Case 2010-D014)

Proposes to amend the DFARS to update requirements relating to the use of passive Radio Frequency Identification (RFID). The rule clarifies that the DoD RFID requirement relates solely to passive RFID.

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

Technical Amendment (DFARS only):

Updates the Defense Federal Acquisition Regulation Supplement (DFARS) Table of Contents.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110214

On February 14, 2011, DoD made the following changes to the DFARS:

Final Rule:

Award-Fee Contracts (DFARS Case 2006-D021)

Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to address award-fee contracts, including eliminating the use of provisional award-fee payments.

Affected subparts/sections: Table of Contents, Part 216; 216.4; Table of Contents, Part 252; 252.216.

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 20110211

On February 11, 2011, DoD published the following proposed changes to the DFARS:

Proposed Rule:

Rules of the Armed Services Board of Contract Appeals (No Case Number)

Proposes to update the Rules of the Armed Services Board of Contract Appeals (ASBCA). The rule is being issued on behalf of the ASBCA. The proposed rule implements statutory increases in the thresholds relating to the submission and processing of contract appeals and updates statutory references and other administrative information.

Affected subparts/sections: DFARS Appendix A.

The Federal Register notice for this rule is available here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110202

On February 2, 2011, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Final Rules:

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

Requires contractors to tag, label, or mark Government-furnished property items identified in the contract as subject to serialized item management.

Affected subparts/sections: Table of Contents, Part 245; 245.1; Table of Contents, Part 252; 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.

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

Requires contractors to report loss of Government property to the Defense Contract Management Agency (DCMA) eTools application.

Affected subparts/sections: 245.1; Table of Contents, Part 252; 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.

PGI Change:

Deletes section PGI 217.204 Contracts in its entirety.

Affected subparts/sections: PGI 217.204.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110120

On January 20, 2011, DoD published the following changes to the DFARS:

Technical Amendment—Final Rule

Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes and guidance to contracting officers.

Affected subparts/sections: 216.5; Table of Contents, part 219; 219.3; 225.75; Table of Contents, part 227; 227.70; 227.72; Table of Contents, part 233; 233.1; Table of Contents, part 245; 245.1; 245.2; 245.4; 249.70; 252.212; 252.219; 252.225; 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110112

On January 12, 2011, DoD published the following changes to the DFARS and the DFARS companion resource, Procedures, Guidance, and Information (PGI):

Technical Amendments – DFARS Only:

1. Revises the Table of Contents for part 216 and reinserts text at 216.406 that was inadvertently omitted from the DFARS in the publication on December 16, 2010.

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

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

2. Revises the section numbers in the Table of Contents for part 209.

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

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

PGI Change:

Revises the section numbers at PGI 245.4.

Affected subparts/sections: PGI 245.4.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110105

(PGI Replacement Subparts Document in PDF)

On January 5, 2011, DoD published the following changes to the DFARS companion resource, Procedures, Guidance, and Information (PGI):

PGI Change:

Adds a new paragraph at PGI 222.1703(v). Quality assurance surveillance plans (QASPs) that are developed in accordance with DFARS 237.172 should appropriately describe how the contracting officer’s representative will monitor the contractor’s performance regarding trafficking in persons.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20110103

On January 3, 2011, DoD published the following changes to the CFR:

Technical Amendment to CFR

Amends 48 CFR 252 by correcting clause dates and Alternates listed in 252.212-7001 paragraphs (b)(11) and (14).

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

The Federal Register notice for this rule is available here

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