2023 Publication Notices (Archived)
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230929
On September 29, 2023, DoD published the following changes to the DFARS:
Note: The two interim rules are effective October 1, 2023. The changes to the DFARS and DFARS PGI will be available on this website October 2, 2023.
INTERIM RULES:
Replacement of Fluorinated Aqueous Film Forming Foam (DFARS Case 2020-D011)
EFFECTIVE: October 1, 2023
DoD is issuing an interim rule amending the DFARS to implement section 322(b), (c), and (d) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92). Section 322 prohibits DoD procurement of fluorinated aqueous film-forming foam (AFFF) containing in excess of one part per billion of perfluoroalkyl and polyfluoroalkyl substances (PFAS) after October 1, 2023, unless an exemption applies. The statute provides an exemption for use onboard ocean-going vessels. The interim rule includes a new definition of “ocean-going vessels” to ensure a standard application of the exemption authority throughout the DoD contracting workforce. Section 322 also requires publication not later than January 31, 2023, of a military specification for a fluorine-free fire-fighting agent for use at all military installations and availability of such agent for use not later than October 1, 2023. DoD has updated the military specification (MILSPEC) for AFFF to ensure that new supplies available for emergency firefighting responses do not contain detectable levels of PFAS. This new MILSPEC, MIL-PRF-24385, for PFAS-free fire suppression went into effect January 31, 2023. After October 1, 2024, fluorinated AFFF may not be used at any military installation, unless the Secretary of Defense waives the prohibition on use.
Affected parts/subparts/sections: 212.301; 213.201; subpart 223.74, 223.7400, 223.7401, 223.7402, 223.7403, 223.7404, TOC 223; TOC DFARS; 252.223-7009 and TOC 252.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Limitation on Certain Institutes of Higher Education (DFARS Case 2021-D023)
EFFECTIVE: October 1, 2023
DoD is issuing an interim rule amending the DFARS to implement section 1062 of the NDAA for FY 2021. Section 1062 provides that none of the funds authorized to be appropriated or otherwise made available for any fiscal year for DoD may be provided to an institution of higher education that hosts a Confucius Institute, defined as a cultural institute directly or indirectly funded by the government of the People’s Republic of China. According to section 1062, the limitation of funds is applicable to amounts other than those provided directly to students as educational assistance. The effective date of section 1062 is October 1, 2023. The funds limitation with respect to an institution of higher education can be waived by the Office of the Under Secretary of Defense for Research and Engineering (OUSD(R&E)). This interim rule requires offerors to represent, by submission of an offer, that they are not an institution of higher education that hosts a Confucius Institute or that the offeror has obtained a waiver approved by OUSD(R&E).
Affected parts/subparts/sections: 209.106, 209.170, 209.170-0, 209.170-1, 209.170-2, 209.170-3, 209.170-4, TOC 209; 212.301; 252.209-7011 and TOC 252. PGI 209.170-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
PROPOSED RULE:
Use of Fixed-Price Contracts for Certain Major Defense Acquisition Programs (DFARS Case 2023-D009)
DoD is proposing to amend the DFARS to implement section 808 of the NDAA for FY 2023 that limits the number of low-rate initial production lots associated with a major defense acquisition program under certain circumstances. Section 808 amends section 818 of Public Law 109-364 to limit the number of low-rate initial production lots associated with a major defense acquisition program to be procured to no more than one, when the milestone decision authority authorizes the use of a fixed-price type contract at Milestone B, and the scope of the work includes both development and low-rate initial production. This limitation may be waived by the service acquisition executive for the department concerned, delegable to no lower than one level above the contracting officer.
Proposed changes to parts/subparts/sections: 207.106 and 234.004.
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 20230817
On August 17, 2023, DoD published the following changes to the DFARS:
FINAL RULE:
Defense Commercial Solutions Opening (DFARS Case 2022–D006)
DoD is issuing a final rule amending the DFARS to implement section 803 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 and section 814 of the NDAA for FY 2023. Section 803 modifies 10 U.S.C. 2380c (redesignated as 10 U.S.C. 3458) to give DoD permanent authority to acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.
Affected parts/subparts/sections: TOC 203, 203.104-1; 204.1603; TOC 206, 206.102-70; TOC 212, 212.102, 212.203, 212.70, 212.7000, 212.7001, 212.7002, 212.7003, 212.7004, 212.7005; TOC 215, 215.371-4, 215.6, 215.602, 215.604; and 235.006-71. PGI: 204.403, 204.606; 212.70, and 212.7003.
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.
DFARS TECHNICAL AMENDMENT:
1. Section 215.406-2 is amended to remove obsolete text that pointed to DFARS PGI, and the section is reserved.
2. At section 225.1101, the phrase “equals or exceeds $25,000, but” is removed from paragraph (10)(i)(D). This change was included in the final rule for DFARS Case 2020-D032 (87 FR 76984) but was not made in the CFR.
3. At section 234.004, a typographical error is corrected.
4. In the solicitation provision at 252.206-7000, a citation to title 10 U.S. Code is updated. This change was included in the final rule for DFARS Case 2022-D018 (87 FR 76988) but was not made in the CFR.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Changes:
Humanitarian and Peacekeeping Micro-Purchase Threshold Guidance (PGI Case 2022-P006)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide guidance on simplified acquisition thresholds that are applicable to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122). The thresholds are clarified depending on whether the purchaser is physically located inside or outside the United States and the place of performance.
Affected parts/subparts/sections: PGI 213.201.
A Microsoft Word format document showing the DFARS PGI changes is here.
Procedures for Numbering of Modifications in Draft Status (PGI Case 2023-P004)
DFARS PGI is updated to provide guidance on elements to use for a procurement instrument identifier (PIID) and a supplementary PIID for certain draft documents.
Affected parts/subparts/sections: PGI 204.1603.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Change:
At PGI 247.573(b)(1)(ii)(A)(2) and (b)(2)(iv)(A)(2)(ii), an email address is updated.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230720
On July 20, 2023, DoD published the following changes to the DFARS:
FINAL RULES:
Repeal of Major Automated Information Systems Provisions (DFARS Case 2017-D028)
DoD is issuing a final rule amending the DFARS to implement section 846 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017, which repealed 10 U.S.C. chapter 144A and amended 10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by removing “or a major automated information system under chapter 144A”. This final rule removes the terms major automated information system and major automated information system programs from the DFARS.
Affected parts/subparts/sections: 202.101; 234.7100 and 234.7101. PGI 204.606 and 215.406-1.
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.
Source Restrictions on Auxiliary Ship Components (DFARS Case 2020-D017)
DoD is issuing a final rule amending the DFARS to implement section 853 of the NDAA for FY 2020. Section 853 amends 10 U.S.C. 2534 (now 10 U.S.C. 4864) by adding a limitation on the procurement of large medium-speed diesel engines for contracts awarded for new construction of an auxiliary ship. The limitation requires the engines to be manufactured in the national technology and industrial base, which is defined at 10 U.S.C. 4801(1) to include the United States, Australia, Canada, New Zealand, and the United Kingdom. The rule creates a new contract clause that requires a contractor to deliver under the contract large medium-speed diesel engines manufactured in the national technology and industrial base.
Affected parts/subparts/sections: 212.301, 212.503, 212.504; TOC 225, 225.7001, 225.7010, 225.7010-1, 225.7010-2, 225.7010-3, 225.7010-4, 225.7010-5; TOC 252 and 252.225-7062.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Restriction on Acquisition of Personal Protective Equipment and Certain Items from Non-Allied Foreign Nations (DFARS Case 2022-D009)
DoD is adopting as final, with changes, an interim rule amending the DFARS to implement section 802 of the NDAA for FY 2022 and section 881 of the NDAA for FY 2023. Section 802 adds a restriction to 10 U.S.C. 2533e (transferred to 10 U.S.C. 4875) that limits the acquisition of personal protective equipment and certain other items from covered countries (the Democratic People’s Republic of North Korea, the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran), subject to exceptions. Section 881 of the NDAA for FY 2023 adjusts the effective date of section 802(b) of the NDAA for FY 2022 to allow for the addition of section 2533e to title 10 and the subsequent transfer to 10 U.S.C. 4875.
Affected parts/subparts/sections: 212.301 and 225.7023-2.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification to the National Technology and Industrial Base (DFARS Case 2023-D005)
DoD is issuing a final rule amending the DFARS to implement section 851 of the NDAA for FY 2023, which adds New Zealand to the definition of the national technology and industrial base at 10 U.S.C. 4801. The definition already includes the United States, Australia, Canada, and the United Kingdom as the countries within which the activities of the national technology and industrial base are conducted. 10 U.S.C. 4864 requires that DoD only procure certain items if the manufacturer of the items is part of the national technology and industrial base.
Affected parts/subparts/sections: 225.7004-1, 225.7004-3, 225.7006-1, 225.7008, 225.7010-1; 252.225-7037 and 252.225-7038.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DFARS PGI ADMINISTRATIVE CHANGE:
1. At PGI 242.302(a)(13)(B)(2), removed a reference to an obsolete reference tool previously used to identify cognizant DFAS payment offices. The tool has no replacement.
2. At PGI 247.573(b)(1)(ii)(A)(2) and (b)(2)(iv)(A)(2)(ii), updated an email address.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230609
On June 9, 2023, DoD published the following changes to the DFARS:
FINAL RULE:
Management of the Procurement Technical Assistance Agreement Program (DFARS Case 2020-D022)
DoD is issuing a final rule amending the DFARS to implement section 852 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020, which transfers authority for the procurement technical assistance cooperative agreement (PTAC) program from the Director of the Defense Logistics Agency to the Under Secretary of Defense for Acquisition and Sustainment. This final rule revises a solicitation provision and a contract clause to reflect this statutory change and to update the name of the entities providing assistance from PTACs to APEX Accelerators.
Affected parts/subparts/sections: 252.205-7000 and 252.219-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
INTERIM RULE:
Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (DFARS Case 2023-D015)
DoD is issuing an interim rule amending the DFARS to implement section 855 of the NDAA for FY 2023, which prohibits the use of funds to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (XUAR) or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs. Section 855 repeals section 848 of the NDAA for FY 2022, including the requirement for offerors to certify that they have made a good faith effort to determine that forced labor was not or will not be used in the performance of a contract. Instead, section 855 requires DoD to issue a policy to require offerors or contractors to make a good faith effort to determine that forced labor from XUAR will not be used in the performance of a DoD contract. This interim rule requires offerors to represent, by submission of an offer, that they have made, and requires contractors to make, a good faith effort to determine that forced labor from XUAR will not be used in the performance of a DoD contract.
Affected parts/subparts/sections: 212.301; 225.7022-1, 225.7022-2, 225.7022-3, 225.7022-5; TOC 252, 252.225-7059, and 252.225-7060. PGI 201.106.
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.
PROPOSED RULE:
DFARS Buy American Act Requirements (DFARS Case 2022-D019)
DoD is proposing to amend the DFARS to supplement the FAR implementation of Executive Order (E.O.) 14005, Ensuring the Future Is Made in All of America by All of America’s Workers, by addressing DoD-unique requirements. The FAR final rule implemented section 8 of E.O. 14005, which provides for the following: (1) An increase to the domestic content threshold, a schedule for future increases, and a fallback threshold allowing for products meeting a lower domestic content threshold to qualify as domestic products under certain circumstances; and (2) A framework for application of an enhanced price preference for a domestic product that is a critical item or made up of critical components. The proposed amendments to the DFARS will supplement the FAR by making conforming changes that incorporate the DoD-unique requirements (e.g., inclusion of qualifying countries).
Proposed changes to parts/subparts/sections: 213.302-5; TOC 225, 225.003, 225.101, 225.103, 225.105, 225.170, 225.202, 225.502, 225.1101, 225.7503; 252.225-7000, 252.225-7001, 252.225-7035, 252.225-7036, 252.225-7044, 252.225-7045.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
DFARS TECHNICAL AMENDMENT:
1. In part 209, updated the debarring and suspending official for the Defense Health Agency and reformatted the list at DFARS 209.403.
2. In subpart 217.1, corrected a typographical error in the subpart heading.
3. At DFARS 224.103(b)(2), updated cross-references. FAR 24.103(b)(2) requires agencies to make available regulations implementing the Privacy Act of 1974.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DFARS PGI ADMINISTRATIVE CHANGE:
At PGI 217.502-1, removed a reference and link to the DD Form 1144, Support Agreement, and replaced them with a reference and link to the FS Form 7600A, United States Government Interagency Agreement.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230525
On May 25, 2023, DoD published the following changes to the DFARS:
FINAL RULES:
Payment Instructions (DFARS Case 2017-D036)
DoD is issuing a final rule amending the DFARS to provide payment instructions for certain contracts based on the type of item acquired and the type of payment. DoD has found that contracting officers are not consistently inserting the required payment instructions into contracts, and that the payment instructions inserted are often not appropriate for the contract. To address this issue, this rule provides clarifying language in the clauses at DFARS 252.204-7006, Billing Instructions-Cost Vouchers; 252.232-7002, Progress Payments for Foreign Military Sales Acquisitions; and provides a new DFARS clause 252.232-7018, Progress Payments—Multiple Lots.
Changes to parts/subparts/sections: 204.7109; 232.502-4-70; TOC 252, 252.204-7006, 252.232-7002, and 252.232-7018. PGI 204.7108.
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.
Undefinitized Contract Actions (DFARS Case 2021-D003)
DoD is issuing a final rule amending the DFARS to implement recommendations to refine management of undefinitized contract actions as addressed in the DoD Inspector General Audit of Military Department Management of Undefinitized Contract Actions (Report No. DODIG-2020-084). This report recommends changes to the DFARS to encourage contractors to provide timely qualifying proposals, including the possibility of the Government withholding a percentage of payments yet to be paid under an undefinitized contract action, until it receives a qualifying proposal from the contractor. This final rule implements these recommendations.
Changes to parts/subparts/sections: 215.404-71-3; 217.7404-3; and 252.217-7027.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Modification of Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2023-D006)
DoD is issuing a final rule amending the DFARS to implement section 842 of the National Defense Authorization Act for Fiscal Year 2023, which amends 10 U.S.C. 4022(f)(2) to permit the award of a follow-on production contract to a party to an other transaction agreement for a prototype project without the use of competitive procedures, even if explicit notification was not listed within the request for proposal for the prototype project transaction. This final rule removes from DFARS 206.001-70(a) the requirement for the other transaction solicitation to include provisions for a follow-on contract. The rule also clarifies that the other transaction agreement is still required by 10 U.S.C. 4022(f)(1) to provide for the award of a follow-on production contract in order for a contracting officer to award the follow-on production contract without obtaining competition. This final rule does not have a significant effect beyond the internal operating procedures of the Government and does not have a significant cost or administrative impact on contractors or offerors. Therefore, 41 U.S.C. 1707 does not require the rule to be published for public comment.
Changes to parts/subparts/sections: 206.001-70.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
DFARS PGI CHANGES:
Administration of Peer Reviews (PGI Case 2023-P005)
Provides guidance for military departments and defense agencies concerning submission of best practices and lessons learned from competitive acquisition peer reviews.
Affected parts/subparts/sections: PGI 201.170.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230427
On April 27, 2023, DoD published the following changes to the DFARS:
PROPOSED RULES:
Transfer and Adoption of Military Animals (DFARS Case 2020-D021)
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 372(f) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020. Section 372(f), as implemented at 10 U.S.C. 2387 (formerly 10 U.S.C. 2410r), requires DoD contracting officers to include a clause in contracts when contract working dogs are provided under the contract. 10 U.S.C. 2387 requires the transfer of a contract working dog, after the service life of the dog has terminated, to the U.S. Air Force, 341st Training Squadron, for veterinary screening and care and for reclassification as a military animal and placement for adoption in accordance with 10 U.S.C. 2583. The service life of a contract working dog may be terminated if the contracting officer determines that: (1) the dog’s final contractual obligation preceding the transfer is with DoD; and (2) another Federal department or agency cannot use the dog due to age, injury, or performance. This proposed rule includes a new contract clause to inform contractors of these requirements.
Proposed changes to parts/subparts/sections: 212.301; TOC 237, subpart 237.7X, 237.7X00, 237.7X01, 237.7X02, 237.7X03, 237.7X04; TOC 252, and 252.237-70XX.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
Consolidation of DoD Government Property Clauses (DFARS Case 2020-D029)
DoD is proposing to amend the DFARS to consolidate existing clauses for the management and reporting of Government property into a single clause; update references to software applications used to report receipt, shipment, transfer, or loss of Government property within the DoD enterprise-wide eBusiness platform; and convert existing form-based processes into electronic processes within that platform. DoD developed the platform to provide end-to-end accountability for all Government-furnished property transactions within a single, secure, integrated system that employs enhancements in technology to reduce burden on the public and the Government. By creating a single tool for all reporting of Government property, data can be readily accessed across various processes, thereby reducing contractor input and errors while enabling traceability across the Government property life cycle. There are no changes to the Government property data that contractors are required to report; only the application used to submit the information is changing.
Proposed changes to parts/subparts/sections: 211.274-4; 211.274-5, 211.274-6; 212.301; TOC 245, 245.102, 245.103-72, 245.107, 245.201-70, 245.201-71, 245.604-1, subpart 245.70, 245.7001, 245.7001-1 through 245.7001-6; TOC 252, 252.211-7003, 252.211-7007, 252.211-7008, 252.245-7001, 252.245-7002, 252.245-7003, 252.245-7004, and 252.245-70XX. PGI 201.106; 245.103-73; 245.201-70; 245.201-71; 245.402-71; and 245.602-70.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
Restriction on Certain Metal Products (DFARS Case 2021-D015)
DoD is proposing to amend the DFARS to implement section 844 of the NDAA for FY 2021, which revises the restriction at 10 U.S.C. 2533c (now 10 U.S.C. 4872) on the acquisition of covered materials (i.e., certain magnets, tantalum, and tungsten) melted or produced in North Korea, the People’s Republic of China, Russia, or Iran. Section 844 expands the scope of the restriction from “covered material melted or produced” in the specified countries to “covered material mined, refined, separated, melted, or produced” in the specified countries. This change takes effect 5 years after the date of enactment of the NDAA for FY 2021. This proposed rule implements the expanded restriction, including the effective date.
Proposed changes to parts/subparts/sections: 225.7018-0, 225.7018-2, 225.7018-3; and 252.225-7052.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
DFARS TECHNICAL AMENDMENT:
The following editorial changes are made to the DFARS:
1. The provisions and clauses at 212.301(f)(vii) are placed in numerical order.
2. The list of statutes at 212.503 and 212.504 are placed in numerical order.
3. A cross-reference at 228.371 is corrected to read “228.370-3” in lieu of “228.371-3”.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
PGI ADMINISTRATIVE CHANGE:
1. At PGI 242.7303(1)(i) a reference to “PGI 242.7302” is revised to read “DFARS 242.7302”.
A Microsoft Word format document showing the DFARS PGI administrative change is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230322
On March 22, 2023, DoD published the following changes to the DFARS:
FINAL RULES:
Noncommercial Computer Software (DFARS Case 2018-D018)
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 871 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. Section 871 requires that DoD, as part of any negotiation for noncommercial computer software, consider all noncommercial computer software and related materials necessary to meet the needs of the agency. This rule ensures that DoD identifies and acquires all software necessary to meet its needs at appropriate times in the life cycle of a product, program, or system.
Affected parts/subparts/sections: TOC 227, 227.71, 227.7100, 227.7103-2, 227.72, 227.7200, 227.7202-1, 227.7203-2; TOC 237, 237.102, 237.102-76; 239.101; 252.227-7013, 252.227-7014, 252.227-7015, 252.227-7018. PGI 227.7103-2; 227.7200, 227.7203, and 227.7203-2.
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.
Use of Supplier Performance Risk System (SPRS) Assessments (DFARS Case 2019-D009)
DoD is issuing a final rule amending the DFARS to update the policy and procedures for use of the Supplier Performance Risk System (SPRS). SPRS is a DoD enterprise application that retrieves item, price, quality, delivery, and supplier data from Government systems to develop risk assessments of suppliers. The rule requires contracting officers to consider the risk assessments generated by SPRS, if available, in evaluations of quotes and offers received in response to solicitations for supplies and services, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services. The rule also requires contracting officers to use the supplier risk assessments available in SPRS as a consideration when determining responsibility at DFARS 209.105-1.
Affected parts/subparts/sections: TOC 204, TOC DFARS, 204.76, 204.7600 through 204.7604; 208.405; 209.105-1; 212.203; 212.301; 213.106-2; 213.106-2-70; 215.304; 215.404-1; 216.505; TOC 252, 252.204-7024; 252.213-7000. PGI 204.7603; and 209.105-1.
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.
Ground and Flight Risk (DFARS Case 2020-D027)
DoD is issuing a final rule amending the DFARS to revise the requirements related to the assumption of risk associated with aircraft under DoD contracts. Revisions are required due to changes in aircraft contract situations and the emergence of contracts for small, unmanned aircraft. This rule increases the contractor’s share of loss from $100,000 to $200,000, while adding, for the purpose of calculating the contractor’s share of loss, reasonable alternatives that take into account the low cost of certain aircraft.
Affected parts/subparts/sections: TOC 228, 228.370, 228.370-1, 228.370-2, 228.370-3, 228.371; 242.302; 252.228-7000, 252.228-7001, 252.228-7003, 252.228-7005, 252.228-7006, 252.228-7007. PGI: 228.370, 228.370-2; and 242.302.
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.
Contract Administration Office Functions Relating to Direct Costs (DFARS Case 2022-D021)
DoD is issuing a final rule amending the DFARS to clarify when a contract administration office has the authority to negotiate and settle direct costs questioned in incurred cost audits. The rule adds an additional contract administration function to the list of functions at DFARS 242.302(b) that are performed by contract administration offices only when and to the extent authorized by the procuring contracting office. This addition clarifies that contracting officers may delegate to the contract administration office the authority to negotiate and settle direct costs questioned in incurred cost audits. This rule is not required to be published for public comment, because it has no impact beyond internal DoD operating procedures.
Affected parts/subparts/sections: 242.302.
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 RULES:
Export-Controlled Items (DFARS Case 2018-D053)
DoD is proposing to amend the DFARS to enable the Defense Contract Management Agency (DCMA) to obtain export authorizations from certain contractors. Specifically, when a contract requires government quality assurance surveillance oversight and has delivery to, or production or performance in, government quality assurance countries, DoD proposes to require the contractor to provide relevant export authorizations (i.e., export license exemptions, export license exceptions, export licenses, or other approvals) to the cognizant DCMA administrative contracting officer along with contact information for the contractor’s empowered official or the export point of contact. Government quality assurance countries are those that have current Government Reciprocal Quality Assurance agreements with DoD or Reciprocal Government Quality Assurance annexes contained in a Reciprocal Defense Procurement memorandum of understanding. This proposed change to the DFARS will allow DCMA, without the need for international travel, to determine whether they can delegate quality assurance functions to foreign auditors in lieu of performing those functions themselves.
Proposed changes to parts/subparts/sections: 212.301; 225.7901-1, 225.7901-2, 225.7901-4, 225.7902-2; and 252.225-7048.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
Restrictions on Overhaul and Repair of Naval Vessels in Foreign Shipyards (DFARS Case 2021-D021)
DoD is proposing to amend the DFARS to implement section 1025 of the NDAA for FY 2021, which amends 10 U.S.C. 8680 to restrict the overhaul or repair of a naval vessel in a shipyard outside the United States or Guam. The restriction does not apply to voyage repairs or to repairs required for damage sustained due to hostile actions or interventions. In addition, the restriction does not apply to corrective and preventive maintenance or repair and facilities maintenance performed on a littoral combat ship operating on deployment. This proposed rule implements the restriction and exceptions and provides the criteria under which foreign workers or foreign contractors may be used to perform corrective and preventive maintenance or repair and facilities maintenance on a naval vessel in accordance with 10 U.S.C. 8680.
Proposed changes to parts/subparts/sections: TOC 225, 225.7013-0, 225.7013-1, and 225.7013-2.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
DFARS TECHNICAL AMENDMENT:
Editorial changes are made to the following sections:
1. DFARS section 243.205-71 is revised to remove “commercial items” and add “commercial products and commercial services” in its place.
2. DFARS provision 252.215-7009, Proposal Adequacy Checklist, at Reference 18 in the table, in the introductory text and paragraph a, the commercial product terminology is updated to include references to commercial services.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS change is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230301
On March 1, 2023, DoD published the following changes to the DFARS:
FINAL RULES:
Quick-Closeout Procedures Threshold (DFARS Case 2021-D001)
DoD is issuing a final rule amending the DFARS to implement a Government Accountability Office (GAO) recommendation that DoD develop a means for DoD-wide oversight into components’ progress in meeting goals on closing contracts and the status of contracts eligible for closeout. In addition, the Advisory Panel on Streamlining and Codifying Acquisition Regulations (Section 809 Panel) recommended authorizing the settlement of final overhead rates when it is in the best interest of the Government and closing complete contracts regardless of dollar value or the percentage of unsettled direct and indirect costs allocable to the contracts. This final rule implements these recommendations of the GAO and the Section 809 Panel.
Affected parts/subparts/sections: TOC 242 and 242.708.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Prompt Payment of Contractors (DFARS Case 2021-D008)
EFFECTIVE March 16, 2023
DoD is issuing a final rule amending the DFARS to implement section 815 of the National Defense Authorization Act for Fiscal Year 2021, which strengthened the requirement that DoD establish a goal to pay small business contractors within 15 days of receipt of an invoice. A similar requirement applies to civilian agencies and is being implemented in the final rule for FAR Case 2020-007. Therefore, separate implementation in the DFARS is not required. This final DFARS rule rescinds the portions of the DFARS that are no longer necessary due to FAR Case 2020-007, which is effective March 16, 2023.
Affected parts/subparts/sections: 212.301; TOC 232, 232.009, 232.009-1, 232.009-2; TOC 252 and 252.232-7017.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Employment Transparency Regarding Individuals Who Perform Work in the People’s Republic of China (DFARS Case 2022-D010)
DoD is adopting as final, without change, an interim rule amending the DFARS to implement section 855 of the National Defense Authorization Act for Fiscal Year 2022. Section 855 requires offerors, when submitting a bid or proposal for a covered contract, to disclose their use of workforce and facilities in the People’s Republic of China, if they employ one or more individuals who will perform work in the People’s Republic of China. Recurring disclosures are also required for fiscal years 2023 and 2024 for contractors that are covered entities and are a party to one or more covered contracts in each fiscal year. A waiver may be granted if such disclosure would not be in the national security interests of the United States.
Affected parts/subparts/sections: 212.503, 212.504; TOC 225, 225.7021, 225.7021-1, 225.7021-2, 225.7021-3, 225.7021-4; TOC 252, 252.225-7057, and 252.225-7058. PGI 201.106; 225.7021; 225.7021-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20230131
On January 31, 2023, DoD published the following changes to the DFARS:
FINAL RULES:
Treatment of Incurred Independent Research and Development Costs (DFARS Case 2017-D018)
DoD is issuing a final rule amending the DFARS to implement section 824 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 that makes amendments regarding the treatment of independent research and development (IR&D) expenditures and requires the Defense Contract Audit Agency to provide an annual report to Congress on IR&D and bid and proposal (B&P) expenditures associated with awarded DoD contracts for the prior Government fiscal year. Section 824 also decouples IR&D and B&P costs by moving the language pertaining to B&P costs out of 10 U.S.C. 2372 and placing it in the new 10 U.S.C. 2372a (redesignated as 10 U.S.C. 3763). This change ensures that regulations pertaining to B&P costs are separated from regulations pertaining to IR&D costs.
Affected parts/subparts/sections: 225.7303-2; 231.205-18; 242.302, 242.771-1, 242.771-2, and 242.771-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Definition of “Commercial Item” (DFARS Case 2018-D066)
DoD is issuing a final rule amending the DFARS to implement sections 836, 837(b), and 837(c) of the NDAA for FY 2019. Section 836 modified 41 U.S.C. 103 by bifurcating the definition of “commercial item” into “commercial product” and “commercial service” at 41 U.S.C. 103 and 41 U.S.C. 103a, respectively, and made conforming changes to other sections in Title 41. In addition, section 836 made conforming changes to several sections in Title 10. Section 837(b) and (c) implement this revision at 10 U.S.C. 2533a and 2533b (redesignated as 10 U.S.C. 4862 and 4863, respectively). This final rule implements the new terms throughout the DFARS.
Affected parts/subparts/sections: See the Federal Register notice for the parts, subparts, and sections affected by this rule.
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.
INTERIM RULE:
Restriction on Acquisition of Personal Protective Equipment and Certain Items from Non-Allied Foreign Nations (DFARS Case 2022-D009)
DoD is issuing an interim rule amending the DFARS to implement section 802 of the NDAA for FY 2022 and section 881 of the NDAA for FY 2023. Section 802 adds the restriction to 10 U.S.C. 2533e (transferred to 10 U.S.C. 4875) that limits the acquisition of “covered items” (personal protective equipment and certain other items) from any of the following “covered countries”, subject to exceptions: the Democratic People’s Republic of North Korea, the People’s Republic of China, the Russian Federation, and the Islamic Republic of Iran. This interim rule adds a new contract clause that prohibits the contractor from delivering under the contract a covered item from a covered country.
Affected parts/subparts/sections: 212.301; TOC 225.70, 225.7001, 225.7018-1, 225.7023, 225.7023-1, 225.7023-2, 225.7023-3, 225.7023-4; TOC 252 and 252.225-7061.
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:
Defense Commercial Solutions Opening (DFARS Case 2022-D006)
DoD is proposing to amend the DFARS to implement section 803 of the NDAA for FY 2022 and section 814 of the NDAA for FY 2023. Section 803 modifies 10 U.S.C. 2380c (redesignated as 10 U.S.C. 3458) to give DoD the authority to acquire innovative commercial products and commercial services through a competitive selection of proposals resulting from a general solicitation, known as a commercial solutions opening, and the peer review of such proposals. Section 803 also repealed section 879 of the NDAA for FY 2017, which authorized a pilot program providing the same authority for a limited period of time. Section 814 amends 10 U.S.C. 3458 to replace “fixed-price incentive fee contracts” with “fixed-price incentive contracts”.
Proposed changes to parts/subparts/sections: 203.104-1; 204.1603; 206.102; 212.102, 212.203, 212.7X, 212.7X00, 212.7X01, 212.7X02, 212.7X03, 212.7X04, 212.7X05; 215.371-4, 215.602, 215.604; 235.006-71. PGI 204.403, 204.606; 212.7X03 and 212.7X05.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes proposed to be made by this rule is here.
.PGI ADMINISTRATIVE CHANGE:
A DFARS reference at PGI 253.219-70(a) is revised.
A Microsoft Word format document showing the DFARS PGI administrative change is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20221219
On December 19, 2022, DoD published the following changes to the DFARS:
PROPOSED RULE:
Small Business Innovation Research Data Rights (DFARS Case 2019-D043)
DoD is proposing to amend the DFARS to implement the intellectual property (e.g., data rights) portions of the revised Small Business Innovation Research (SBIR) Program and Small Business Technology Transfer (STTR) Program Policy Directives. The Small Business Administration (SBA) published in the Federal Register a notice of proposed amendments to the SBIR Program and STTR Program Policy Directives, which included combining the two directives in a single document, on April 7, 2016, at 81 FR 20483. The final combined SBIR/STTR Policy Directive was published on April 2, 2019, at 84 FR 12794, and became effective on May 2, 2019.
Proposed changes to parts/subparts/sections: 212.301; TOC 227, 227.7103-5, 227.7103-6, 227.7103-7, 227.7103-10, 227.7103-12, 227.7103-15, 227.7103-16, 227.7104, 227.7104-1, 227.7104-2, 227.7104-3, 227.7104-4, 227.7108, 227.7203-5, 227.7203-6, 227.7203-10, 227.7203-12, 227.7203-15; TOC 252, 252.227-7013, 252.227-7014, 252.227-7015, 252.227-7016, 252.227-7017, 252.227-7018, 252.227-7019, 252.227-7025, 252.227-7028, 252.227-7030, 252.227-7037, 252.227-70XX, and 252.227-70YY. PGI 227.71, 227.7104, and 227.7104-2.
The Federal Register notice for this rule is here.
The Federal Register notice that corrects the Regulation Identifier Number is here.
A Microsoft Word format document showing the DFARS changes proposed to be 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 20221216
On December 16, 2022, DoD published the following changes to the DFARS:
Note: The two final rules and the interim rule are effective December 30, 2022. The changes to the DFARS and DFARS PGI will be available on this website January 4, 2023.
FINAL RULES:
United States-Mexico-Canada Agreement (DFARS Case 2020-D032)
DoD is issuing a final rule amending the DFARS to implement the United States-Mexico-Canada Agreement Implementation Act (Pub. L. 116-113). The United States-Mexico-Canada Agreement (USMCA) replaces the North American Free Trade Agreement (NAFTA). Unlike NAFTA, the USMCA’s provisions on government procurement apply only to the United States and Mexico. Canada is still a designated country under the World Trade Organization Government Procurement Agreement, but it is no longer a Free Trade Agreement country. As a result, Canada’s Free Trade Agreement threshold of $25,000 is no longer applicable. This final rule implements the USMCA Implementation Act by removing from the DFARS all references to Canada as a Free Trade Agreement country and its associated threshold of $25,000.
Affected parts/subparts/sections: 212.301; 225.1101; 252.225-7013, 252.225-7017, 252.225-7018, 252.225-7021, 252.225-7035, 252.225-7036, and 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.
Reorganization of Defense Acquisition Statutes (DFARS Case 2022-D018)
DoD is issuing a final rule amending the DFARS to implement Title XVIII of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. 116-283), which reorganized acquisition-related sections of Title 10 of the U.S. Code. This final rule also implements Title XVII of the NDAA for FY 2022 (Pub. L. 117-81), which provided technical, conforming, and clerical amendments related to Title XVIII of the NDAA for FY 2021. This rule revises the affected statutory references in the DFARS and provides the new location of notes that were moved by the Office of the Law Revision Counsel of the U.S. House of Representatives as a result of the reorganization.
Affected parts/subparts/sections: See the Federal Register notice for the parts, subparts, and sections affected by this rule.
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.
A PDF showing a crosswalk for the Title 10 citations in the FAR is here.
A PDF showing a crosswalk for the Title 10 citations in the DFARS is here.
A PDF showing a crosswalk for the Title 10 citations in the DFARS PGI is here.
INTERIM RULE:
Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (DFARS Case 2022-D008)
DoD is issuing an interim rule amending the DFARS to implement section 848 of the NDAA for FY 2022 (Pub. L. 117-81), which prohibits the use of funds to knowingly procure any products mined, produced, or manufactured wholly or in part by forced labor from the Xinjiang Uyghur Autonomous Region of the People’s Republic of China (XUAR) or from an entity that has used labor from within or transferred from XUAR as part of any forced labor programs. In addition, section 848 requires offerors to certify that they have made a good faith effort to determine that forced labor was not or will not be used in the performance of a contract. This interim rule includes a solicitation provision that includes the certification requirement and a contract clause that prohibits contractors from providing the products described above throughout the period of performance of the contract.
Affected parts/subparts/sections: 212.301; TOC 225.70, 225.7022, 225.7022-1, 225.7022-2, 225.7022-3, 225.7022-4, 225.7022-5; TOC 252, 252.225-7059, and 252.225-7060. PGI 201.106.
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.
PROPOSED RULE:
Payment Instructions (DFARS Case 2017-D036)
DoD is proposing to amend the DFARS to provide payment instructions for certain contracts based on the type of item acquired and the type of payment. DoD has found that contracting officers are not consistently inserting the required payment instructions into contracts and that the payment instructions inserted are often not appropriate for the contract. To address this issue, this proposed rule provides clarification of payment instructions for contracting officers and contractors, including a new clause that provides procedures for submitting progress payment requests on contracts with multiple production lots.
Proposed changes to parts/subparts/sections: 204.7109; 232.502-4-70; TOC 252, 252.204-7006, 252.232-7002, 252.232-70XX. PGI 204.7108.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
ADVANCE NOTICE OF PROPOSED RULEMAKING:
Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (DFARS Case 2022-D016)
DoD is seeking information to assist in the development of a revision to the DFARS to implement section 815(b) of the NDAA for FY 2012, which addresses the validation of proprietary data restrictions. Section 815(b) increases the validation period for asserted restrictions from three years to six years. In addition, section 815(b) provides an exception to the prescribed time limit for validation of asserted restrictions, if the technical data involved are the subject of a fraudulently asserted use or release restriction. As recommended by the Section 813 Panel, DoD plans to hold a public meeting to obtain the views of interested parties regarding the DFARS implementation of these statutory changes.
Proposed changes to parts/subparts/sections: 252.227-7019 and 252.227-7037.
The Federal Register not.ice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
PGI ADMINISTRATIVE CHANGES:
1. The hyperlink is updated at PGI 210.070, Market research report guide for improving the tradecraft in services acquisition.
2. PGI 222.1703 paragraph (2) is updated to refer and link to the latest version of Department of Defense Instruction (DoDI) 2200.01, Combating Trafficking in Persons (CTIP), effective June 21, 2019.
A Microsoft Word format document showing the two DFARS PGI administrative changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20221028
On October 28, 2022, DoD published the following changes to the DFARS:
FINAL RULES:
Requirement for Firms Used to Support Department of Defense Audits (DFARS Case 2019-D010)
DoD is issuing a final rule amending the DFARS to implement section 1006 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019, as amended by section 1011 of the NDAA for FY 2020. Section 1006 requires accounting firms that provide financial statement auditing or audit remediation services in support of the Financial Improvement and Audit Remediation Plan to provide to DoD a statement setting forth the details of any disciplinary proceedings with respect to the accounting firm or its associated persons before any entity with the authority to enforce compliance with rules or laws applying to audit services offered by the accounting firm. DoD policy extends this requirement to firms other than accounting firms.
Affected parts/subparts/sections: 212.301; 237.270; TOC 252, 252.237-7000, 252.237-7001, 252.237-7025, and 252.237-7026.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Requiring Data Other than Certified Cost or Pricing Data (DFARS Case 2020-D008)
DoD is issuing a final rule amending the DFARS to implement section 803 of the NDAA for FY 2020 that provides additional requirements relating to the submission of data other than certified cost or pricing data. Section 803 prohibits contracting officers from determining that the price of a contract or subcontract is fair and reasonable based solely on historical prices paid by the Government. Section 803 states that an offeror is ineligible for award, if the contracting officer is unable to determine proposed prices are fair and reasonable by any other means, when an offeror fails to make a good faith effort to comply with a reasonable request to submit data other than certified cost or pricing data, unless the head of the contracting activity determines that it is in the best interest of the Government to make the award to that offeror.
Affected parts/subparts/sections: 215.403-3, 215.404-1; and 242.1502. PGI 215.403-1, 215.403-3, and 215.404-1.
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.
Prohibition on Award to Contractors that Require Certain Nondisclosure Agreements (DFARS Case 2021-D018)
DoD is issuing a final rule amending the DFARS to implement section 883 of the NDAA for FY 2021. Section 883 prohibits award of any DoD contracts to an entity that requires its employees to sign internal confidentiality agreements or statements that would prohibit or otherwise restrict its employees from lawfully reporting waste, fraud, or abuse related to the performance of a DoD contract to a designated investigative or law enforcement representative of DoD authorized to receive such information. The statute also requires entities to inform their employees of the limitations on confidentiality agreements or other statements and to represent compliance with the requirements of section 883 in the System for Award Management prior to submitting an offer or quote.
Affected parts/subparts/sections: TOC 203, 203.900, 203.909, 203.909-3, 203.970; and 212.301.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Reporting Tax Information on Certain Foreign Procurements (DFARS Case 2021-D029)
DoD is issuing a final rule amending the DFARS to allow for the efficient and accurate identification of contracts subject to excise tax withholding. DoD is also amending the DFARS to prohibit use of the Governmentwide commercial purchase card as a method of payment when the tax on certain foreign procurements applies.
Affected parts/subparts/sections: 212.301; 213.301; TOC 229, subpart 229.2, 229.204, 229.402-70; TOC 232, 232.1108, 232.1108-70; TOC 252, 252.229-7014; and TOC 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.
Repeal of Preference for Fixed-Price Contracts (DFARS Case 2022-D007)
DoD is issuing a final rule amending the DFARS to implement section 817 of the NDAA for FY 2022, which repeals section 829 of the NDAA for FY 2017. Section 829 required contracting officers to first consider fixed-price contracts, including fixed-price incentive contracts, when determining contract type and to obtain approval from the head of the contracting activity for certain cost-reimbursement contracts.
Affected parts/subparts/sections: 216.102, 216.301-3, 216.401; and 235.006.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Removal of Passive Radio Frequency Requirements (DFARS Case 2022-D020)
DoD is issuing a final rule amending the DFARS to remove passive radio frequency identification (RFID) requirements. DoD no longer requires the use of passive RFID tags for shipments due to the use of more cost-effective technologies.
Affected parts/subparts/sections: TOC 211, 211.275, 211.275-1 through 211.275-3; 212.301; TOC 252 and 252.211-7006. PGI 201.106.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Removal of Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2022-D022)
DoD is issuing a final rule amending the DFARS to remove the Pilot Program for Acquisition of Military-Purpose Nondevelopmental Items, since the statutory authority for the program has expired. Section 866 of the NDAA for FY 2011 authorized the pilot program for a 5-year period through January 6, 2016. Subsequently, section 814 of the NDAA for FY 2014 extended the pilot program through December 31, 2019. Since the pilot program expired on December 31, 2019, the program is being removed from the DFARS. No contracts were awarded using this pilot program authority.
Affected parts/subparts/sections: TOC 212, subpart 212.71, 212.7100, 212.7101, 212.7102, 212.7102-1, 212.7102-2, 212.7102-3, 212.7103; TOC 252 and 252.212-7002; and TOC DFARS. PGI subpart 212.71, 212.7102, and 212.7102-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
A Microsoft Word format document showing the DFARS PGI changes made by this rule is here.
PROPOSED RULES:
Quick-Closeout Procedures Threshold (DFARS Case 2021-D001)
DoD is proposing to amend the DFARS to implement a recommendation made by the Government Accountability Office (GAO) in GAO Report 17-738, Federal Contracting: Additional Management Attention and Action Needed to Close Contracts and Reduce Audit Backlog, published in September 2017. GAO recommended that DoD develop a means for DoD-wide oversight into both components’ progress in meeting goals on closing contracts and the status of contracts eligible for closeout. Additionally, the Advisory Panel on Streamlining and Codifying Acquisition Regulations (Section 809 Panel) recommended authorizing the settlement of final overhead rates when it is in the best interest of the Government and closing completed contracts regardless of dollar value or the percentage of unsettled direct and indirect costs allocable to the contracts (recommendation 58).
Proposed changes to parts/subparts/sections: 242.708.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
Undefinitized Contract Actions (DFARS Case 2021-D003)
DoD is proposing to amend the DFARS to implement recommendations to refine management of undefinitized contract actions (UCAs) as addressed in the DoD Inspector General Audit of Military Department Management of Undefinitized Contract Actions (Report No. DODIG-2020-084). This report recommends changes to the DFARS to encourage contractors to provide timely qualifying proposals, including the possibility of the Government withholding a percentage of payments yet to be paid under a UCA until it receives a qualifying proposal from the contractor.
Proposed changes to parts/subparts/sections: 215.404-71-3; 217.7404-3; and 252.217-7027.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed to be made by this rule is here.
DFARS ADMINISTRATIVE CHANGE:
1. DFARS final rule 2020-D009, Reauthorization and Improvement of Mentor-Protégé Program, was published at 87 FR 52348, on August 25, 2022, effective 60 days later on October 24, 2022. Accordingly, the updated online DFARS part 219 and Appendix I changes are posted with this publication.
DFARS PGI ADMINISTRATIVE CHANGE:
1. At DFARS PGI 222.17, Combating Trafficking in Persons, a new sample checklist is provided at the internet link.