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2012 Publication Notices (Archived)

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120906

On September 6, 2012, DoD made the following administrative changes to the PGI:

PGI changes:

Implementation of Class Deviation 2012-O0009
(Revise Implementation of Temporary Authority to Acquire Products and Services (Including Construction) from Countries along a Major Supply Route to Afghanistan) (DFARS PGI 2012-P011)
  • Revises the PGI to reflect that Class Deviation 2012-O0009, Revise implementation of Temporary Authority to Acquire Products and Services (Including Construction) from Countries Along a Major Supply Route to Afghanistan, has superseded Class Deviation 2009-O0012. The procedures of the deviation, which implement section 801 of the NDAA for FY 2010, now may be limited to the 5 Central Asian states of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.

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

Administrative Changes to PGI:  Corrects email addresses at PGI 204.7005(b); corrects typographical error at PGI 204.7105(a)(7), corrects DPAP address at PGI 216.401, and reinserts PGI 216.403-1, which was inadvertently omitted on 08/29/2012.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120829

On August 29, 2012, DoD made the following changes to the DFARS:

Final Rules:

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

Revises and standardizes reporting requirements for Government-furnished property and provides a single, electronic property management system that eliminates overlapping and parallel accountability systems.

Affected parts/subparts/sections:  Table of Contents, part 211; 211.274-2; 211-274-4; 211.274-6; 212.301; Table of Contents, part 252, 252.211-7007; 252.251-7000; PGI 211.274-2.

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 DFARS PGI changes made by this rule is here.

(S)  Inflation Adjustment of Threshold for Acquisition of Right-Hand Drive Passenger Sedans (DFARS Case 2012-D016)

Adopts as final, without change, an interim DFARS rule to adjust the statutory dollar limitation on the acquisition of right-hand drive passenger sedans from $30,000 per vehicle to $40,000 per vehicle and includes this dollar limitation on the list of statutory acquisition-related dollar thresholds subject to inflation adjustment.

Affected parts/subparts/sections:  None.

The Federal Register notice for this rule is here.

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

DoD Voucher Processing (DFARS Case 2011-D054)

Updates DoD's voucher processing procedures to better accommodate Wide Area WorkFlow (WAWF) used to process vouchers. The rule revises requirements for approving interim vouchers and replaces the direct submission process currently in effect with a risk-based sampling process.

Affected parts/subparts/sections:  242.803.

The Federal Register notice for this rule is here.

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

Technical Amendments:


This final rule amends the DFARS as follows:

  • Clarifies the designation at 209.403(1) for the Department of Army debarring and suspending official.

  • Revises codes of offices designated to receive reports referenced at 215.403-1(c)(3)(B) and 230.201-5.

  • Directs contracting officers to additional DFARS procedures, guidance, and information by adding references at Table of Contents part 210, 210.002, 217.7404, Table of Contents part 237, 237.102-77, and 237.102-78.

  • Corrects a form title at Table of Contents part 245 and 245.7001-6.

  • Corrects a typographical error in clause 252.219-7003, paragraph (f), and revises the clause date.

  • Makes a conforming change to clause 252.225-7017(a) to add Armenia to the definition of “Designated country”.

PGI changes:

Add Links to Market Research Guide and Automated Requirements Roadmap Tool (DFARS PGI 2012-P007)

Incorporates into PGI 210.070, the “Market Research Report Guide for Improving the Tradecraft in Services Acquisition”; PGI 237.102-77, the “Automated Requirements Roadmap Tool (ARRT); and incorporates at 237.102-78 a cross reference to PGI 210.070.

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

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

Acquisitions for Foreign Military Sales (DFARS PGI 2012-P014)

Updates the guidance at PGI 225.7301 concerning acquisitions for foreign military sales.

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

Clarification of Contract Distribution Requirements (DFARS PGI 2012-P016)

Updates information concerning contract distribution procedures at PGI 204.201(3).

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

Uniqueness of Line Items and Use of Attachments to Transmit Exhibits (DFARS PGI 2012-P017)

Updates guidance on use of contract exhibits at PGI 204.7105

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

Administrative Changes to PGI:
Corrects a web site reference at 204.7005(b)(1)(ii), revises the designated office and office codes at PGI 215.404-76 and 216.401-70, respectively. Makes minor revisions in references at PGI 232.7004(b)(2)(ix) and (b)(7).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120828

On August 28, 2012, DoD proposed making the following changes to the DFARS:

Proposed Rule:

Clarification of “F” Orders in the Procurement Instrument Identification Number Structure (DFARS Case 2012-D040)

Proposes to amend the DFARS to update instructions for assigning basic and supplementary procurement instrument identification numbers and would eliminate the requirement to utilize an “F” in the 9th position of the procurement instrument identification number (PIIN) to identify awards to certain vendors.

Affected parts/subparts/sections:  204.7003; 204.7004.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120724

On July 24, 2012, DoD made the following changes to the DFARS:

Final Rule:

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

Clarifies the specific circumstances under which the U.S. Government needs to obtain data other than certified cost or pricing data from Canadian contractors via the Canadian Commercial Corporation.

Affected parts/sections:  Table of Contents, part 215; 215.403-1; 215.408; 225.802-70; 225.870-1; 225.870-4; Table of Contents, part 252; 252.215.

The Federal Register notice for this rule is here.

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

Technical Amendments:


This final rule amends the DFARS as follows:

Adds paragraph (d)(1)(vii) to clause 252.204-7007, Alternate A, Annual Representations and Certifications, which was inadvertently removed from the Code of Federal Regulations with the publication of DFARS Case 2011-D048 (77 FR 19128), and makes a conforming change to the clause date.

Conforms statutory titles to the new Positive Law Codification of Title 41, United Sates Code, “Public Contracts,” in Alternates IV and V of clause 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program, which were inadvertently omitted from publication of the final rule under DFARS Case 2012-D003 (77 FR 35879), and makes conforming changes to the dates of the Alternates.

The Federal Register notice for this rule is here.

DoD also published the following proposed rules:

Proposed Rules:

Specialty Metals—Definition of “Produce” (DFARS Case 2012-D041)

Proposes to revise the definition of “produce” as it applies to specialty metals. The National Defense Authorization Act for Fiscal Year 2011 directed DoD to review the definition of “produce” to ensure its compliance with statutory restrictions on specialty metals. The proposed rule affects primarily producers of specialty metal steel armor plate, and manufacturers that supply steel armor plate that will be incorporated into end items to be acquired by DoD.

The Federal Register notice for this rule is here.

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

Ownership of Offeror (DFARS Case 2011-D044)

Proposes to amend the DFARS to provide a provision for offerors, if owned or controlled by another business entity, to identify the Commercial and Government Entity (CAGE) code and legal name of that business entity. The ability to consistently, uniquely, and easily identify owners of offerors for DoD contractors supports the implementation of business tools that will provide insight into spending patterns for entire corporations.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120629

On June 29, 2012, DoD made the following changes to the DFARS:

Final Rules:

New Qualifying Country—Czech Republic (DFARS Case 2012-D043)

Adds the Czech Republic as a “qualifying country” based on a new reciprocal defense procurement agreement between the Secretary of Defense and the Czech Minister of Defense that removes discriminatory barriers to procurements of supplies and services produced by the Czech Republic.

Affected parts/subparts/sections:  225.003; 225.872-1; 252.212; 252.225; PGI 204.606.

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 DFARS PGI changes made by this rule is here.

Shipping Instructions (DFARS Case 2011-D052)

Updates the form used by contractors to request shipping instructions and the associated contract clause and clause prescription to cover both commercial and Government bills of lading, and to relocate the coverage within the DFARS to align with changes to the Federal Acquisition Regulation.

Affected parts/subparts/sections:  Table of Contents, DFARS; 212.301; Table of Contents, part 242; 242.14; Table of Contents, part 247; 247.1; 247.101; 247.207; Table of Contents, part 252; 252.242; 252.247.

The Federal Register notice for this rule is here.

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

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

Clarifies the applicability to commercial items of DoD policies relating to the use of material containing hexavalent chromium.

Affected parts/subparts/sections:  Sections 212.301; 244.403; and 252.244-7000.

The Federal Register notice for this rule is here.

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

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

Updates the policies on the submission of payment requests and receiving reports in electronic format and provides new Wide Area WorkFlow payment instructions in a new clause.

Affected parts/subparts/sections:  Sections 218.170; 232.7002; 232.7003; 232.7004; Table of Contents, part 252; 252.232-7003; and 252.232-7006; PGI 232.70.

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 DFARS PGI changes made by this rule is here.

Only One Offer (DFARS Case 2011-D013)

Implements the initiative on promoting real competition that was presented by the Under Secretary of Defense for Acquisition, Technology & Logistics in a memorandum dated November 3, 2010. The objective of the rule is to promote competition and ensure fair and reasonable prices by implementing DoD policy with regard to acquisitions when only one offer is received.

Affected parts/subparts/sections:  205.203; 208.404; 208.405-70; 212.205; 212.301; Table of Contents, part 214; 214.201-6; 214.209; 214.404-1; 214.408; 214.408-1; Table of Contents, part 215; 215.371; 215.371-1; 215.371-2; 215.371-3; 215.371-4; 215.371-5; 215.403; 215.403-1; 215.408; 216.505-70; 216.506; Table of Contents, part 252; 252.215.

The Federal Register notice for this rule is here.

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

Interim Rule:

Acquisition of Tents and Other Temporary Structures (DFARS Case 2012-D015)

Implements sections 368 and 821 of the NDAA for FY 2012 (Pub. L. 112-81). Section 368 requires that contracts for tents or other temporary structures awarded by or on behalf of DoD shall provide best value to the Government. Section 821 modifies 10 U.S.C. 2533a (the “Berry Amendment”) to extend the restriction requiring acquisition of domestic tents to include the structural components of tents, applicable to acquisitions that exceed the simplified acquisition threshold.

Affected parts/subparts/sections:  225.7001; 252.212; 252.225; PGI 207.105.

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 DFARS PGI changes made by this rule is here.

Technical Amendment (DFARS only):

Amends section 252.225-7035 to delete “Act” from the clause title.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120615

On June 15, 2012, DoD made the following changes to the DFARS:

Final Rules:

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

Conforms statutory titles and terminology to the new Positive Law Codification of Title 41, United States Code, "Public Contracts." There were no substantive changes to the meaning of the statutes.

Affected parts/subparts/sections:  Table of Contents, DFARS; 201.107; 201.304; 203.070; 203.502-2; 204.1202; 204.7003; 212.301; 212.7102-1; 213.301; 213.302-5; 217.7000; 219.703;; Table of Contents, part 222; 222.3; 222.302; 222.402-70; 222.404; 222.406-1; 222.406-8; 222.406-9; 222.406-13; 222.10; 222.1008-1; 222.14; Table of Contents, part 225; 225.003; 225.1; 225.103; 225.2; 225.502; 225.872-1; 225.872-4; 225.1101; 225.7000; 225.7017-3; 233.204-70; 243.204-71; Table of Contents, part 252; 252.204; 252.212; 252.217; 252.219; 252.225; 252.227; 252.244; Appendix I-101.4; PGI 222.404; PGI 222.406-8; PGI 222.10; PGI 222.1008-1; PGI 225.001; PGI 225.004; PGI 225.872-4; PGI 225.7002-1; PGI 225.7002-2; PGI 225.7502.

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 DFARS PGI changes made by this rule is here.

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

Adopts as final, with changes, the interim rule implementing section 862 of the NDAA for FY 2008 (Pub. L. 110-181), as amended by section 853 of the NDAA for FY 2009 (Pub. L. 110-417) and sections 831 and 832 of the NDAA for FY 2011 (Pub. L. 111-383) to provide regulations addressing selection, training, equipping, and conduct of personnel performing private security functions outside the United States in areas of combat and other significant military operations designated by the Secretary of Defense, contingency operations, humanitarian or peacekeeping operations, or other military operations or exercises designated by the combatant commander. The applicability of the rule has been updated to conform to the revised DoDI 3020.50, entitled "Private Security Contractors (PSCs) Operating in Contingency Operations, Humanitarian or Peace Operations, or Other Military Operations or Exercises."

Affected parts/subparts/sections:  225.370-2; 225.370-3; 225.370-4; 225.370-5; 225.370-6; 252.225.

The Federal Register notice for this rule is here.

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

Proposed Rule:
Item Unique Identifier Update (DFARS Case 2011-D055)

This rule proposes to amend the DFARS to update and clarify requirements for unique identification and valuation of items delivered under DoD Contracts. The proposed rule would revise the prescription and the clause at DFARS 252.211-7003 to update and clarify instructions for the identification and valuation processes.

Affected parts/subparts/sections:  Table of Contents, part 211; 211.274; 212.301; 218.201; 246.710; Table of contents, part 252; 252.211-7003; 252.225-7039; Appendix F, F-103 and F-301.

The Federal Register notice for this rule is here.

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

PGI changes:
Management of Undefinitized Contract Actions (DFARS PGI Case 2012-P005)

Incorporates into DFARS PGI 217.7404-1 additional guidance on obtaining approval to authorize use of an undefinitized contact action, documentation requirements, and other limitations on their use.

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

CORS for Service Contracts Clarification (DFARS PGI 2012-P012)

Incorporates into DFARS PGI 201.602-2 additional guidance to clarify use of CORS for Service Contracts.

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

Suspension and Debarment Referral Procedures (DFARS PGI 2012-P013)

Revises procedures at PGI 209.406-3 required for referrals to agency debarring and suspending officials.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120529

On May 29, 2012, DoD made the following changes to the DFARS:

Technical Amendment:


Makes editorial changes to the interim rule published in the Federal Register on May 22, 2012 (77 FR 30359), under DFARS Case 2012-D032, New Free Trade Agreement with Colombia, to correct the spelling of Colombia in several places and to add Colombia to the definition of "Free Trade Agreement country" in DFARS clause 252.225-7036. The date for receipt of comments in response to the interim rule is unchanged by this amendment.

Affected parts/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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120522

On May 22, 2012, DoD made the following changes to the DFARS:

Final Rules:

Report on Waiver of Prohibition on Acquisition from Communist Chinese Military Companies (DFARS Case 2012-D023)

Implements the requirement in the National Defense Authorization Act for Fiscal Year 2012 to report to the congressional defense committees 15 days before issuing a waiver of the prohibition on acquisition of United States Munitions List items from Communist Chinese military companies. The rule also adds the requirement to send a copy of the report to Defense Procurement and Acquisition Policy.

Affected parts/subparts/sections:  225.770; PGI 225.770.

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 DFARS PGI changes made by this rule is here.

Contingency Contract Closeout (DFARS Case 2012-D014)

Requires additional planning, monitoring, and executing activities for contract closeouts when contracts are awarded for performance in contingency areas.

Affected parts/subparts/sections:  204.804; PGI 207.105; PGI 225.7404.

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 DFARS PGI changes made by this rule is here.

Order of Application for Modifications (DFARS Case 2012-D002)

Establishes an order of application of contract modifications to resolve any potential conflicts that may arise from multiple modifications with the same effective date.

Affected parts/subparts/sections:  Table of Contents, part 204; 204.7007; Table of Contents, part 243; 243.172.

The Federal Register notice for this rule is here.

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

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

Adopts as final, with change, an interim rule implementing a section of the National Defense Authorization Act for Fiscal Year 2011 providing that photovoltaic devices to be utilized in performance of any covered contract shall comply with the Buy American statute, subject to the exceptions provided in the Trade Agreements Act of 1979 or otherwise provided by law.

Affected parts/subparts/sections:  225.7017-3.

The Federal Register notice for this rule is here.

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

Interim Rules:

United States—Korea Free Trade Agreement (DFARS Case 2012-D025)

Implements the United States—Korea Free Trade Agreement, enacted into U.S. law on October 21, 2011 (Pub. L. 112-041), entered into force on March 15, 2012. The rule opens up Government procurement to the goods and services of Korea at or above the threshold of $100,000.

Affected parts/subparts/sections:  225.1101; 252.204-7007; 252.212-7001; 252.225-7017; 252.225-7018; 252.225-7021; 252.225-7035, Alternates IV and V; 252.225-7036 and Alternates IV and V; 252.225-7045.

The Federal Register notice for this rule is here.

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

New Free Trade Agreement with Colombia (DFARS Case 2012-D032)

Implements the United States–Colombia Trade Promotion Agreement Implementation Act (Pub. L. 112-42), entered into force on May 15, 2012. This Trade Promotion Agreement provides for mutually non-discriminatory treatment of eligible products and services from Columbia.

Affected parts/subparts/sections:  252.225-7017; 252.225-7021; 252.225-7045.

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 Trade Cooperation Treaty with the United Kingdom (DFARS Case 2012-D034)

Implements requirements of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation (the Treaty) and the Security Cooperation Act of 2010 regarding export control regulations between the United States and the United Kingdom. This rule streamlines the export control regulations between the United States and the United Kingdom under specified circumstances.

Affected parts/subparts/sections:  Table of Contents, DFARS; Table of Contents, part 225; 225.79; Table of Contents, part 252; 252.225-7046; 252.225-7047; PGI 225.79.

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 DFARS PGI changes made by this rule is here.

PGI changes:

Incorporation of ANSI/ASIS PSC.1-2012 Standard in Requirements Package (DFARS PGI Case 2012-P010)

Incorporates into DFARS PGI 225.7401(a) a performance standard mandated by section 833 of the National Defense Authorization Act for FY 2011. While the standard was mandated by law, it is not a procurement standard. The contractual requirements for contractor personnel performing private security functions are already included in DFARS 252.225-7039. The determination on whether to incorporate the standard in a requirements package is up to requirements personnel.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120420

Technical Amendments:


This final rule amends the DFARS as follows:

  • Updates the definitions of “Contracting activity” and “Debarring and suspending official.”
    Affected sections:  202.101, and 209.403(1).


  • Adds a provision required in all solicitations, 252.203-7005, to the list of solicitation provisions and contract clauses for the acquisition of commercial items.
    Affected section:  212.301(f)(iv).

  • Reinstates a notification requirement that was inadvertently deleted in publication of DFARS Case 2012-D020.
    Affected section:  216.504.

  • Directs contracting officers to additional procedures and guidance by adding a reference to the DFARS PGI.
    Affected section:  242.302(a)(S-75).

  • Makes minor editorial corrections to references and clause dates.
    Affected sections:  213.301; 216.506(a); 217.7001; 217.7002(b); 217, 7003(b); 242.202; 245.201-71; 252.203-7003; 252.212-7001; and 252.223-7006.
  • Updates references within clauses and prescription references.
    Affected sections:  252.227-7037; 252.229-7013; 252.245-7000; 252.245-7001; 252.245-7002; 252.245-7003; and 252.245-7004.

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

PGI Changes:


  • Editorial change made to renumber PGI 242.302(a)(S-74) to read 242.302(a)(S-75) to align with the DFARS section number.
Update to Place of Performance Section (PGI Case 2012-P009)

Revises language at PGI 204.606(3)(xi) to clarify reporting of the FPDS entry for the “Principal Place of Performance Section.”

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120405

On April 5, 2012, DoD published the following proposed rule:

Proposed Rule:

Solicitation Provisions and Contract Clauses for Acquisitions of Commercial Items (DFARS Case 2011-D056)

Proposes to amend the DFARS to simplify prescriptions and the selection of provisions and clauses applicable to the acquisition of commercial items and specify flow down of clauses to commercial subcontracts. This rule facilitates use of clause logic, which is used by automated contract writing systems.

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 20120330

On March 30, 2012, DoD made the following changes to the DFARS:

Final Rules:

Repeal of Case-by-Case Reporting (DFARS Case 2012-D020)

Implements section 809(b) of the NDAA for FY 2012 (Pub. L. 112-81), to remove the requirement to notify congressional defense committees for each single source task- or delivery-order contract award over $103 million. The corresponding PGI coverage on submitting the congressional notice is also removed.

Affected parts/subparts/sections:  216.504.

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 DFARS PGI changes proposed by this rule is here.

New Threshold for Peer Reviews of Noncompetitive Contracts (DFARS Case 2012-D018)

Reduces the threshold for preaward noncompetitive contract peer reviews from the current level of $1 billion to $500 million and further clarifies peer review phases. Requires military departments and defense agencies to establish procedures for preaward peer reviews for noncompetitive procurements valued at less than $500 million and adds an email address for the submission of rolling annual forecasts of acquisitions.

Affected parts/subparts/sections:  Table of Contents part 201; 201.170.

The Federal Register notice for this rule is here.

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

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

Separates DFARS provisions and clauses that are currently combined, in order to comply with the DFARS drafting conventions.

Affected parts/subparts/sections:  204.1202; Table of Contents, part 209; 209.470-4; 216.203-4-70; 229.402-70; Table of Contents, part 252; 252.204-7007; 252.209-7003; 252.209-7005; 252.216-7000; 252.216-7003; 252.216-7007; 252.216-7008; 252.229-7003; 252.229-7005; 252.229-7012; 252.229-7013.

The Federal Register notice for this rule is here.

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

Interim Rule:

Inflation Adjustment of Threshold for Acquisition of Right-Hand Drive Passenger Sedans (DFARS Case 2012-D016)

Implements section 814(b) of the NDAA for FY 2012 (Pub. L. 112-81), to escalate the current purchase limitation for acquisition of right-hand drive passenger sedans from $30,000 to $40,000 per vehicle.

Affected parts/subparts/sections:  201.109; Table of Contents, part 212; 212.271; Table of Contents, DFARS.

The Federal Register notice for this rule is here.

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

Technical Amendment:

Report of Suspected Lobbying Disclosure Act Violations

Adds text pointing to corresponding PGI language to provide guidance to explain how and where to report violations of the Lobbying Disclosure Act (31 U.S.C. 1352).

Affected parts/subparts/sections:  203.806.

The Federal Register notice for this rule is here.

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

PGI changes:

Report of Suspected Lobbying Disclosure Act Violations (PGI Case 2012-P008)

Provides guidance and information on how and where to report Lobbying Disclosure Act violations.

Affected parts/subparts/sections:  PGI 203.8.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120312

On March 12, 2012, DoD made the following changes to the DFARS:

Final Rule:

Commercial Determination Approval (DFARS Case 2011-D041)

This final rule amends the DFARS to require higher-level approval for commercial item determinations for acquisitions exceeding $1 million when the determination is based on “of a type” or “offered for sale” language contained in the definition of commercial item. The rule also clarifies approval requirements for determinations for acquisitions of services exceeding $1 million using part 12 procedures but which do not meet the definition of commercial item.

The Federal Register notice for this proposed rule is here.

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

DoD also published the following proposed rule:

Proposed Rule:

Alleged Crimes By or Against Contractor Personnel (DFARS Case 2012-D006)

Proposes to expand existing DFARS coverage currently applicable only to DoD contracts performed in Iraq and Afghanistan and make it applicable worldwide for contractors supporting contingency operations, humanitarian or peacekeeping operations, or other military operations or military exercises, when designated by the Combatant Commander. Expanding the coverage worldwide will provide contractors the guidance they need to take actions should alleged offenses by or against contractor personnel occur.

The Federal Register notice for this proposed rule is here.

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

PGI changes:

Medical Billings in Theater (DFARS PGI Case 2012-P006)

Provides information useful for contracting officers regarding DFAS' billings of contractors for non-emergency medical services received by contractor employees at Government medical facilities in theater.

Affected parts/subparts/sections:  PGI 225.7402-3.

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

Transportation Documentation for Foreign Military Sales (DFARS PGI Case 2012-P004)

Implements changes to the PGI to improve the contract documentation process with a goal to limit the number of delays in shipping foreign military sales (FMS) material to the foreign customer based on either a lack of transportation documentation or incorrect transportation documentation, based on Security Cooperation Reform Task Force efforts and a DSCA FMS transportation study.

Affected parts/subparts/sections:  PGI 225.7402-3.

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

Environmental Points of Contact (DFARS PGI Case 2012-P003)

Identifies the DoD Component points of contact for biobased procurements.

Affected parts/subparts/sections:  PGI 223.406.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120305

On March 5, 2012, DoD made the following changes to the DFARS:

Technical Amendment:


Incorporates additional adjustments to trade agreements thresholds in DFARS clauses 252.225-7017 and -7018 related to photovoltaic devices and makes conforming changes to clause dates, as applicable.

Affected parts/subparts/sections:  225.7017-3; 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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120228


On February 28, 2012, DoD made the following changes to the DFARS:

Final Rule:

Technical Amendment:

This final rule amends the DFARS to correct 252.215-7002 to add, for clarity, the words “compliance with” at paragraph (d) (4) (xii).

The Federal Register notice for this rule is available here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120224

On February 24, 2012, DoD made the following changes to the DFARS:

Final Rules:

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

Adopts as final, with changes, an interim rule published in the Federal Register on May 18, 2011 (76 FR 28856), implementing section 893 of the NDAA for FY 2011 (Pub. L. 111-383). Section 893, Contractor business systems, 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 parts/subparts/sections:  215.407-5; 232.503-15; 242.302; 242.7000; 242.7001; 242.7502; 242.7503; 244.305-70; 252.215-7002; 252.242-7005; 252.242-7006; 252.245-7003.

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.

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

Adopts as final, without change, an interim rule published in the Federal Register on September 16, 2011 (76 FR 57674), to implement sections 834, 823, and 872 of the NDAA for Fiscal Years 2011, 2010, and 2009, respectively, providing increased statutory authorities to reduce or deny award fees to companies found to jeopardize the health or safety of Government personnel, adding a mechanism to decrease or eliminate a contractor’s award fee for a specific performance period, and requiring that information on the final determination of award fee be entered into the Federal Awardee Performance and Integrity Information System (FAPIIS).

Affected parts/subparts/sections:  None.

The Federal Register notice for this rule is available here.

Extension of the Department of Defense Mentor-Protégé Pilot Program (DFARS Case 2012-D024)

Implements section 866 of the NDAA for Fiscal Year 2012 (Pub. L. 112-81), by extending the duration of the test program for three years from December 31, 2011, through December 31, 2014.

Affected sections:  219.7104 and Appendix I-103.

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.

Extension of the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans (DFARS Case 2012-D026)

Implements section 866 of the NDAA for Fiscal Year 2012 (Pub. L. 112-81), by extending the duration of the test program for three years from December 31, 2011, through December 31, 2014.

Affected section:  219.702.

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.

Technical Amendment:


Corrects references in paragraph (b) of DFARS clauses 252.227-7013 and -7014 that were inadvertently not revised to match the renumbered paragraphs in the interim rule for DFARS Case 2009-D031, Government Support Contractor Access to Technical Data, published in the Federal Register on March 2, 2011 (76 FR 11363).

This technical amendment also corrects the paragraph numbering and makes conforming changes to the clause at 252.212-7001.

Affected parts/subparts/sections:  252.212-7001; 252.227-7013; 252.227-7014.

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.

Notification of Department of Defense Vendor Communication Plan:


The Department of Defense Vendor Communication Plan is now posted in the PGI at 215.2 under the Policy tab at the top of the page. The Vendor Communication Plan was developed to reinforce the Department's policy of promoting increased dialogue with the vendor community prior to awarding contracts. The plan details the benefits of increased communication as well as methods of promoting open communication with industry to improve acquisition results.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120130

On January 30, 2012, DoD made the following changes to the DFARS:

Final Rules:

Trade Agreements Thresholds (DFARS Case 2012-D005)

Incorporates adjusted thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative. Additionally, the rule includes language in prescriptions for use of contract clauses intended to clarify their applicability to commercial items.

Affected parts/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.

New Designated Country-Armenia (DFARS Case 2011-D057)

Adds Armenia as a World Trade Organization Government Procurement Agreements (WTO GPA) country and a designated country, due to the accession of Armenia to membership in the WTO GPA.

Affected parts/subparts/sections:  252.212; 252.225.

The Federal Register notice for this rule is available here.

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

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

Requires major contractors, defined as those whose covered segments allocated a total of more than $11 million in IR&D/B&P costs to covered contracts during the preceding fiscal year, to report independent research and development (IR&D) projects using the Defense Technical Information Center on-line input form. The reporting requirements will provide in-process information from IR&D projects, for which reimbursement, as an allowable indirect cost, is sought from DoD, providing visibility into the technical content of industry IR&D activities to meet DoD needs and promote the technical prowess of the industry.

Affected parts/subparts/sections:  231.205-18.

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 rules:

Proposed Rules:

Shipping Instructions (DFARS Case 2011-D052)

Proposes to update the DD Form 1659 used by contractors to request shipping instructions and the associated contract clause and clause prescription, and to relocate the coverage within the Defense FAR Supplement to ensure consistency with changes made to the Federal Acquisition Regulation.

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.

Performance-Based Payments (DFARS Case 2011-D045)

Proposes to provide detailed guidance and instructions on the use of the performance-based payments (PBP) analysis tool. The PBP analysis tool is a cash-flow model for evaluating alternative financing arrangements, and is required to be used by all contracting officers contemplating the use of performance-based payments on new fixed-price type contract awards resulting from solicitations issued on or after July 1, 2011.

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:


Hyperlinks are added at PGI 225.77, PGI 225.7703-2(c)(iii), and PGI 225.7703-4(1) to Class Deviation 2009-O0012, Class Deviation to Implement Temporary Authority to Acquire Products and Services Produced in Countries Along a Major Route of Supply to Afghanistan, dated November 12, 2009, to facilitate accessing the deviation.

The web address for the Federal Directory of Contract Administration Services Components is updated at PGI 209.106-2(1) and PGI 242.302(a)(13)(B)(1)(i).

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20120119

On January 19, 2012, DoD made the following changes to the DFARS and its companion resource, DFARS Procedures, Guidance, and Information:

Final Rule:

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

Adopts as final, without change, an interim rule to implement section 866 of the NDAA for Fiscal Year 2011 establishing a pilot program to assess the feasibility and advisability of acquiring military-purpose nondevelopmental items in accordance with streamlined procedures.

Affected parts/subparts:  None.

The Federal Register notice for this rule is available here.

A Microsoft Word format document showing the DFARS final rule is here.

DoD also published the following proposed rules:

Proposed Rules:

Order of Application for Modifications (DFARS Case 2012-D002)

This rule proposes to amend the DFARS to establish an order for application of contract modifications to resolve any potential conflicts that may arise from multiple modifications with the same effective date.

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.

DoD Voucher Processing (DFARS Case 2011-D054)

This rule proposes to amend the DFARS to update DoD's voucher processing procedures and better accommodate use of Wide Area WorkFlow to process vouchers.

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.

Definition of Cost or Pricing Data (DFARS Case 2011-D040)

This rule proposes to update text addressing the definition of cost or pricing data. The changes are necessary to ensure consistency with the Federal Acquisition Regulation (FAR).

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 20120111

On January 3, 2012, DoD made the following change to the DFARS Procedures, Guidance, and Information:

PGI change:

Exercise of options

Provides guidance at PGI 217.207 on the requirement to perform cost or price analysis of spare parts prior to exercising any option for firm-fixed price contracts containing spare parts.

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