2024 Publication Notices (Archived)
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240926
On September 26, 2024, DoD published the following changes to the DFARS:
Note: The final rules, technical amendment, DFARS PGI changes, and DFARS PGI administrative change are effective October 1, 2024.
FINAL RULES:
Modification of Notification of Intent to Transport Supplies By Sea (DFARS Case 2020-D026)
DoD is issuing a final rule amending the DFARS to remove a solicitation provision and modify the text of an existing contract clause to include the requirements of the solicitation provision. This change will streamline instructions to contractors regarding required notifications to the Government of transportation of supplies by sea. It will also reduce the number of representations offerors must provide.
Affected parts/subparts/sections: 204.1202; 212.301; 247.574; TOC 252, 252.204-7007, 252.247-7022, 252.247-7023, 252.247-7025, 252.247-7026, and 252.247-7027.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Preference for United States Vessels in Transporting Supplies By Sea (DFARS Case 2021-D020)
DoD is issuing a final rule amending the DFARS to implement section 1024 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021, which amends 10 U.S.C. 2631 to clarify the circumstances in which DoD may waive the requirement for DoD supplies to be transported by sea in either vessels belonging to the United States or vessels of the United States. Section 1024 specifies that DoD may waive this requirement, where such vessels are either not available at a fair and reasonable rate for commercial vessels of the United States or otherwise not available. In addition, section 1024 modifies the requirement for reflagging or repair work in the United States for vessels used under time charter contracts for the transportation of supplies, and it adds a requirement to ensure contractor compliance with 10 U.S.C. 2631. This final rule implements these amendments.
Affected parts/subparts/sections: 242.1502; 247.570, 247.571, 247.572, and 247.573; 252.247-7023, 252.247-7025, and 252.247-7026.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Assuring Integrity of Overseas Fuel Supplies (DFARS Case 2022-D013)
DoD is issuing a final rule amending the DFARS to implement section 843 of the NDAA for FY 2022. Section 843 requires offerors to certify that they will not provide fuel from a prohibited source and to furnish records to verify compliance with certain export control and anticorruption regulations and statutes for contracts awarded for the acquisition of fuel in support of overseas contingency operations. Section 843 requires contracting officers, when conducting a source selection for such contracts, to consider using a tradeoff process and certain evaluation factors or to justify in writing why a tradeoff process was not considered. In addition, contracting officers are required to ensure, prior to contract award, that the offeror is not disqualified based on an unsupported denial of access to a facility or equipment by the host nation. The rule creates a new solicitation provision in which an offeror certifies that the fuel (or derivatives of the fuel) to be provided under the resulting contract will not be sourced from a nation or region prohibited from selling petroleum to the United States. The solicitation provision also includes reporting related to section 843 requirements.
Affected parts/subparts/sections: 212.203, 212.301; TOC 215, 215.101-71; TOC 225, 225.7024, 225.7024-1, 225.7024-2, 225.7024-3, and 225.7024-4; TOC 252 and 252.225-7065.
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 Prize Authority For Advanced Technology Achievements (DFARS Case 2022-D014)
DoD is issuing a final rule amending the DFARS to implement section 822 of the NDAA for FY 2022, which amends 10 U.S.C. 4025 to provide the authority to carry out advanced technology prize programs to award contracts to recognize outstanding achievements in basic, advanced, and applied research; technology development; and prototype development. Section 822 requires approval of such awards that exceed $10,000 and congressional reporting for contracts that exceed $10 million. This final rule implements the authority to award contracts as prizes and the associated approval requirements.
Affected parts/subparts/sections: 206.102-70. PGI 206.102-70.
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 is here.
Data Universal Numbering System to Unique Entity Identifier Transition (DFARS Case 2022-D023)
DoD is issuing a final rule amending the DFARS to align with the Federal Acquisition Regulation (FAR) transition from the Data Universal Numbering System (DUNS) number to the unique entity identifier (UEI). The FAR published a final rule implementing the change from the DUNS number to the UEI in the Federal Register on November 18, 2015 (80 FR 72035). As a supplement to the FAR, the DFARS must use the same term. This final rule replaces “DUNS number” and “DUNS+4” with “unique entity identifier” or “UEI” throughout the DFARS. 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.
Affected parts/subparts/sections: 204.1103; 217.207.
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:
Public Access to Results of Federally Funded Research (DFARS Case 2020-D028)
DoD is proposing to amend the DFARS to implement a recommendation of the Government Accountability Office (GAO) regarding DoD-funded fundamental research. In report GAO-20-81, Additional Actions Needed to Improve Public Access to Research Results, GAO recommended that DoD take steps to ensure appropriate agency-funded research data are readily findable and accessible to the public. This rule proposes two new clauses that require contractors, with contracts that include fundamental research, to develop and maintain a data management plan and to submit final peer-reviewed manuscripts to the Defense Technical Information Center’s publicly accessible repository.
Proposed changes to parts/subparts/sections: 235.001, 235.003, 235.010-70, 235.011, and 235.072; 252.235-70XX and 252.235-70YY.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DoD Cost or Pricing Data Reporting Requirements (DFARS Case 2022-D004)
DoD is proposing to amend the DFARS to implement section 811(b) of the NDAA for FY 2018, section 814 of the NDAA for FY 2021, and section 804 of the NDAA for FY 2022. Section 811(b) of the NDAA for FY 2018 requires offerors to submit data other than certified cost or pricing data upon contracting officer request. Section 814 of the NDAA for FY 2021 establishes a $2 million threshold for the Truthful Cost or Pricing Data statute requirements with respect to contract modifications, subcontracts, and modifications to subcontracts. Section 804 of the NDAA for FY 2022 requires that contract modifications to reflect the revised threshold be executed “as soon as practicable.” This proposed rule implements these requirements via several proposed new clauses.
Proposed changes to parts/subparts/sections: 212.301; 214.201-6, 214.201-7; 215.403-4, 215.408; 252.214-70QQ, 252.214-70RR, 252.215-7010, 252.215-70SS, 252.215-70TT, 252.215-70UU, 252.215-70VV, and 252.215-70WW.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Preventing Conflicts of Interest for Certain Consulting Services (DFARS Case 2024-D007)
DoD is proposing to amend the DFARS to implement section 812 of the NDAA for FY 2024. Section 812 prohibits DoD from awarding contracts assigned a North American Industry Classification System (NAICS) code beginning with 5416 to offerors who hold contracts that involve consulting services with certain covered foreign entities. NAICS codes beginning with 5416 are for management, scientific, and technical consulting services. The rule proposes a new solicitation provision in which an offeror certifies whether the offeror, its subsidiaries, or affiliates hold a contract for consulting services with one or more covered foreign entities and whether the offeror maintains a conflict-of-interest mitigation plan that meets certain requirements. If the offeror, its subsidiaries, or affiliates hold such a contract and the offeror is selected for award, the offeror may submit its existing conflict-of-interest mitigation plan, which will be incorporated into a contract resulting from the solicitation. The provision is prescribed for use in solicitations assigned a NAICS code beginning with 5416 that involve consulting services, as defined in the proposed rule.
Proposed changes to parts/subparts/sections: 209.503-70, 209.57X; 212.301; 237.27X; 252.209-70XX.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to update an email address and to remove a pointer to DFARS Procedures, Guidance, and Information.
Affected parts/subparts/sections: 201.170; TOC 204, 204.70 and 204.7001; TOC DFARS.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI CHANGES:
Procurement Acquisition Lead Time (PGI Case 2024-P010)
DFARS PGI is updated to remove the requirement to use the Procurement Acquisition Lead Time tracker tool in the Procurement Integrated Enterprise Environment. DoD components use their own internal systems to monitor and manage data on award times.
Affected parts/subparts/sections: PGI 204.70, 204.7001.
A Microsoft Word format document showing the DFARS PGI changes is here.
Guidance on Applicability of the Increased Architect-Engineer Fee (PGI Case 2024-P011)
DFARS PGI is updated to clarify that the statutory limitation of 10 percent applies only to requirements of the Departments of the Army, Navy, and Air Force (10 U.S.C. 7540, 8612, and 9540 respectively). The statutory limitation of 10 percent does not apply to requirements for the rest of DoD or for civilian agencies.
Affected parts/subparts/sections: PGI 236.606-70.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI ADMINISTRATIVE CHANGE:
DFARS PGI is revised to update an email address at PGI 201.170-3.
Affected parts/subparts/sections: PGI 201.170-3.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240815
On August 15, 2024, DoD published the following changes to the DFARS:
FINAL RULES:
Strategic and Critical Materials Stock Piling Act Reform (DFARS Case 2023-D014)
DoD is issuing a final rule amending the DFARS to implement section 1411 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023. Section 1411 repeals 10 U.S.C. 187, which established the Strategic Materials Protection Board, and amends section 10 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h-1) to establish the Strategic and Critical Materials Board of Directors. This final rule removes “Strategic Materials Protection Board” from the DFARS and replaces it with “Strategic and Critical Materials Board of Directors.” 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.
Affected parts/subparts/sections: 225.7003-3 and 225.7018-3.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Sustainable Procurement (DFARS Case 2024-D024)
DoD is issuing a final rule amending the DFARS to align with recent changes made to the Federal Acquisition Regulation (FAR). The final rule for FAR Case 2022-006, Sustainable Procurement, reorganized and updated FAR part 23 (published in the Federal Register at 89 FR 30210 on April 22, 2024). The changes included relocating text unrelated to environmental matters to FAR part 26. This DFARS final rule reorganizes DFARS part 223, including relocation of text to part 226, to align the DFARS with the FAR. No substantive changes are made to the relocated DFARS text, and no new text is added to supplement the FAR final rule. This DFARS 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.
Affected parts/subparts/sections: 211.271; 212.301; TOC 223, 223.107-1, 223.107-4, 223.302, 223.303, 223.304, 223.405, 223.570, 223.570-1, 223.570-2, 223.802; TOC 226, 226.570, 226.570-1, 226.570-2; TOC 252, 252.223-7001, 252.223-7004, 252.226-7003; and TOC DFARS. PGI 223.107-1, 223.3, and 223.405.
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:
Assessing Contractor Implementation of Cybersecurity Requirements (DFARS Case 2019-D041)
DoD is proposing to amend the DFARS to incorporate contractual requirements related to the Cybersecurity Maturity Model Certification (CMMC) 2.0 program, which was published in the Federal Register as a proposed rule affecting 32 CFR part 170 on December 26, 2023 (88 FR 89058). This DFARS proposed rule also partially implements section 1648 of the NDAA for FY 2020, which directed the Secretary of Defense to develop a consistent, comprehensive framework to enhance cybersecurity for the defense industrial base. This DFARS rule proposes a new solicitation provision to address new preaward requirements related to CMMC 2.0. In addition, this DFARS rule proposes changes to an existing contract clause to address new postaward requirements related to CMMC 2.0. DoD published an interim rule in the Federal Register on September 29, 2020, at 85 FR 61505. Although this proposed rule does not finalize the interim rule, it responds to the public comments in order to facilitate the public’s understanding of this proposed rule.
Proposed changes to parts/subparts/sections: 204.7500, 204.7501, 204.7502, 204.7503, 204.7504; 212.301; 217.207; 252.204-7021 and 252.204-7YYY.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Limitation on Certain Institutes of Higher Education (DFARS Case 2024-D023)
DoD is proposing to amend the DFARS to implement sections 1044 and 1045 of the NDAA for FY 2024, which amend section 1062 of the NDAA for FY 2021. DoD published an interim rule in the Federal Register on September 29, 2023 (88 FR 67607) under DFARS Case 2021-D023 to implement section 1062 of the NDAA for FY 2021, which prohibits the use of funds available for DoD for an institution of higher education that hosts a Confucius Institute, as defined in section 1062, and provides authority to waive the prohibition. Section 1044 of the NDAA for FY 2024 broadens the definition of Confucius Institute. Section 1045 adds a termination date of October 1, 2026, for the waiver authority. This proposed rule implements the revised definition and the termination date.
Proposed changes to parts/subparts/sections: 209.170-1, 209.170-3; and 252.209-7011. PGI 209.170-3.
The Federal Register notice for this rule is 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.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to correct errors regarding commercial services at DFARS 212.207 and a typographical error in the solicitation provision at DFARS 252.215-7010.
Affected parts/subparts/sections: 212.207; and 252.215-7010.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240729
On July 29, 2024, DoD published the following changes to the DFARS:
PROPOSED RULE:
Task Order and Delivery Order Contracting for Architectural and Engineering Services (DFARS Case 2023-D007)
DoD is proposing to amend the DFARS to implement section 802 of the National Defense Authorization Act for Fiscal Year 2023, which adds a requirement at 10 U.S.C. 3406(h)(1) for DoD to use qualification-based selections when awarding task orders and delivery orders for architectural and engineering services. A similar requirement is already implemented in the Federal Acquisition Regulation (FAR). Section 802 also adds direction to prevent contracting officers from routinely requesting additional information regarding qualifications when awarding task orders or delivery orders under a multiple-award contract. This proposed rule implements the new direction and reminds contracting officers to use the existing Governmentwide direction in the FAR to comply with 10 U.S.C. 3406(h)(1).
Proposed changes to parts/subparts/sections: 216.500.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to update the name of the Office of the Principal Director, Defense Pricing and Contracting.
Affected parts/subparts/sections: 201.170, 201.201-1, 201.304, 201.402, 201.404; 202.101; 204.604; 206.302-5; 209.104-1, 209.406-2; 215.403-1; 217.170, 217.172, 217.7402, 217.7405; 225.401, 225.403, 225.770-5, 225.871-5, 225.871-7, 225.872-5, 225.7003-3, 225.7301-2, 225.7703-2; 230.201-5; 232.006-5, 232.070, 232.611, 232.1004, 232.7101; 242.602, 242.771-3; 243.204-70-1; 245.102; 249.7000; and 252.225-7004.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI ADMINISTRATIVE CHANGES:
DFARS PGI is revised to update the name of the Office of the Principal Director, Defense Pricing and Contracting.
Affected parts/subparts/sections: PGI 201.170, 201.170-1, 201.304; 203.806; 204.602, 204.804, 204.7001, 204.7103; 209.570-3; 211.274-2; 215.403-3, 215.406-1; 216.401; 222.1704, 222.7404; 225.770-5, 225.771-3, 225.772-3, 225.802, 225.871-4, 225.7002-2, 225.7003-3, 225.7018-4, 225.7019-3, 225.7020-4, 225.7021, 225.7021-3, 225.7203, 225.7604; 230.201-5; 231.205-70; 232.501-2, 232.1001, 232.7101; 233.170; 234.005-1; and 237.102-71.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240627
On June 27, 2024, DoD published the following changes to the DFARS:
Note: The effective date of the final rule has been changed from August 26, 2024, to September 16, 2024. The changes to the DFARS will be available on this website on September 16, 2024.
FINAL RULE:
Architect and Engineering Service Fees (DFARS Case 2024-D019)
EFFECTIVE: SEPTEMBER 16, 2024
DoD is issuing a final rule amending the DFARS to implement section 2881 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024. Section 2881 increases the statutory limitation on the fee that contractors may earn while providing certain architect and engineering services under contracts with the Departments of the Army, Navy, and Air Force. This final rule increases, at DFARS 236.606-70, the statutory fee limitation from 6 percent to 10 percent of the project’s estimated construction cost.
Affected parts/subparts/sections: 236.606-70.
The Federal Register notice for this rule is here.
The Federal Register notice to postpone the effective date of this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
PROPOSED RULE:
Definition of Material Weakness (DFARS Case 2021-D006)
DoD is proposing to amend the DFARS to implement section 806 of the NDAA for FY 2021, which amends section 893 of the NDAA for FY 2011. Section 806 replaces the term “significant deficiency” with “material weakness” for Government evaluation of contractor business systems. Section 806 also provides a definition of “material weakness.” This rule proposes to replace the term “significant deficiency” with “material weakness” throughout the DFARS, including the clauses for each of the contractor business systems.
Proposed changes to parts/subparts/sections: 202.101; 215.407-5-70; 234.001, 234.001-70, 234.201; 242.302, 242.7000, 242.7201, 242.7202, 242.7203, 242.7501, 242.7502; 244.101, 244.305-70; 245.105; 252.215-7002, 252.234-7002, 252.242-7004, 252.242-7005, 252.242-7006, 252.244-7001, and 252.245-7003. PGI 215.404-2, 215.407-5-70; 234.201; 242.7000, 242.7203, 242.7502; 244.305-70; and 245.105.
The Federal Register notice for this rule is 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 20240530
On May 30, 2024, DoD published the following changes to the DFARS:
FINAL RULES:
Restriction on Certain Metal Products (DFARS Case 2021-D015)
DoD is issuing a final rule amending the DFARS to implement section 844 of the National Defense Authorization Act (NDAA) for Fiscal Year (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 rule also implements section 854 of the NDAA for FY 2024, which extends the effective date of the restriction from 5 years to 6 years after the date of enactment of the NDAA for FY 2021.
Affected parts/subparts/sections: TOC 225, 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 made by this rule is here.
Limitation on the Acquisition of Certain Goods Other Than United States Goods (DFARS Case 2021-D022)
DoD is issuing a final rule amending the DFARS to implement sections 845 and 1603 of the NDAA for FY 2021, section 816 of the NDAA for FY 2022, and section 853 of the NDAA for FY 2023. These sections amend 10 U.S.C. 2534 (now 10 U.S.C. 4864) to require acquisition of certain items and components from the national technology and industrial base, which is defined at 10 U.S.C. 4801 as the United States, Australia, Canada, New Zealand, or the United Kingdom. These sections add the following items and components to the lists at 10 U.S.C. 4864: welded shipboard anchor and mooring chain (without size restrictions), components for T-AO 205 and T-ARC class vessels, and satellite star trackers. Section 845 of the NDAA for FY 2021 removes several components from 10 U.S.C. 4864, including air circuit breakers, ball bearings, and roller bearings. This rule also implements section 8016 of the Consolidated Appropriations Act of 2023, which provides waiver authority for the procurement of welded shipboard anchor and mooring chain. This rule consolidates the DFARS implementation of 10 U.S.C. 4864 in a single section in part 225, removes provisions and clauses that are no longer needed, and creates two new clauses.
Affected parts/subparts/sections: 212.301; TOC 225, 225.7001, 225.7004, 225.7004-0, 225.7004-1, 225.7004-2, 225.7004-3, 225.7004-4, 225.7004-5, 225.7004-6, 225.7004-7, 225.7006, 225.7006-1, 225.7006-2, 225.7006-3, 225.7006-4, 225.7007, 225.7007-1, 225.7007-2, 225.7007-3, 225.7008, 225.7009-1, 225.7010, 225.7010-1, 225.7010-2, 225.7010-3, 225.7010-4, 225.7010-5; TOC 252, 252.225-7019, 252.225-7037, 252.225-7038, 252.225-7062, 252.225-7063, and 252.225-7064.
The Federal Register notice for this rule is here.
The Federal Register notice for the correction to this rule is here.
A Microsoft Word format document showing the DFARS changes made by this rule is here.
Data Requirements for Commercial Products for Major Weapon Systems (DFARS Case 2023-D010)
DoD is issuing a final rule amending the DFARS to implement section 803 of the NDAA for FY 2023, which modifies 10 U.S.C. 3455 to clarify the data an offeror is required to provide when a subsystem of a major weapon system or a component or spare part for a major weapon system or subsystem is proposed as a commercial product. Section 803 also clarifies the data to be provided to the contracting officer to determine price reasonableness for such actions. In addition, section 803 affords the offeror the flexibility to either submit the data or provide the contracting officer access to the data and to redact certain customer information. This final rule implements these clarifications and flexibilities.
Affected parts/subparts/sections: 212.102; 212.209; 215.403-1, 215.403-3; 234.7002; and 252.215-7010. PGI 234.7002.
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:
Pilot Program to Incentivize Contracting with Employee-Owned Businesses (DFARS Case 2024-D004)
DoD is proposing to amend the DFARS to implement section 874 of the NDAA for FY 2022 as amended by section 872 of the NDAA for FY 2024. Sections 874 and 872 authorize DoD to establish a pilot program that allows for the noncompetitive award of certain follow-on contracts to certain employee-owned businesses. The authority to award contracts under the pilot program expires on December 27, 2029. This proposed rule implements the pilot program, which is expected to incentivize and expedite the award of follow-on contracts to certain employee-owned businesses.
Proposed changes to parts/subparts/sections: 206.302-5; 212.301; 252.270-70WW, 252.270-70XX, 252.270-70YY; 270.000, 270.X00, 270.X01, 270.X02, 270.X03, 270.X04, 270.X05; TOC DFARS. PGI 270.X04.
The Federal Register notice for this rule is 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.
Procurement Technical Assistance Program (DFARS Case 2024-D006)
DoD is proposing to amend the DFARS to implement section 853 of the NDAA for FY 2024. Section 853 amends the definitions of “nonprofit organization” and “business entities” at 10 U.S.C. 4951 for the Procurement Technical Assistance Program. This proposed rule implements these changes.
Proposed changes to parts/subparts/sections: 252.205-7000.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to update two outdated internet links at DFARS 252.204-7012.
Affected parts/subparts/sections: 252.204-7012.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI CHANGES:
Clarifying Updates to Entries in Electronic Data Systems (PGI Case 2024-P005)
DFARS PGI is updated to revise instructions to contracting officers regarding entry of contract data in electronic data systems.
Affected parts/subparts/sections: PGI 204.606, 204.1103, and 204.1870-2.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240425
On April 25, 2024, DoD published the following changes to the DFARS:
FINAL RULE:
Use of Fixed-Price Contracts for Certain Major Defense Acquisition Programs (DFARS Case 2023-D009)
DoD is issuing a final rule amending the DFARS to implement section 808 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2023. Section 808 limits the number of low-rate initial production lots associated with a major defense acquisition program to no more than one when: (1) the milestone decision authority authorizes the use of a fixed-price type contract at Milestone B; and (2) the scope of the work includes both development and low-rate initial production. The limitation may be waived by the service acquisition executive. This final rule implements the limitation and the waiver authority.
Affected 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 made by this rule is here.
PROPOSED RULES:
Preference for United States Vessels in Transporting Supplies by Sea (DFARS Case 2021-D020)
DoD is proposing to amend the DFARS to implement section 1024 of the NDAA for FY 2021, which amends 10 U.S.C. 2631 to clarify the circumstances in which DoD may waive the requirement for DoD supplies to be transported by sea in either vessels belonging to the United States or vessels of the United States. Section 1024 specifies that DoD may waive this requirement, where such vessels are either not available at a fair and reasonable rate for commercial vessels of the United States or otherwise not available. In addition, section 1024 modifies the requirement for reflagging or repair work in the United States for vessels used under time charter contracts for the transportation of supplies, and it adds a requirement to ensure contractor compliance with 10 U.S.C. 2631. This proposed rule implements these amendments.
Proposed changes to parts/subparts/sections: 242.1502; 247.570, 247.571, 247.572, 247.573; 252.247-7023, 252.247-7025, and 252.247-7026.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Modification of Prize Authority For Advanced Technology Achievements (DFARS Case 2022-D014)
DoD is proposing to amend the DFARS to implement section 822 of the NDAA for FY 2022, which amends 10 U.S.C. 4025 to provide the authority to carry out advanced technology prize programs to award contracts in recognition of outstanding achievements in basic, advanced, and applied research; technology development; and prototype development. Section 822 requires approval of such awards that exceed $10,000 and congressional reporting for contracts that exceed $10 million. This proposed rule implements the authority to award contracts as prizes and the associated approval requirements.
Proposed changes to parts/subparts/sections: 206.102-70. PGI 206.102-70.
The Federal Register notice for this rule is 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.
Update of Challenge Period for Validation of Asserted Restrictions on Technical Data and Computer Software (DFARS Case 2022-D016)
DoD is proposing to amend the DFARS to implement section 815(b) of the NDAA for FY 2012, which addresses 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. This proposed rule implements these statutory changes. As recommended by the Government‐Industry Advisory Panel on Technical Data Rights (the “Section 813 Panel”), DoD plans to hold a public meeting during the 60-day public comment period for this proposed rule to obtain the views of interested parties regarding the DFARS implementation of section 815(b) of the NDAA for FY 2012.
Proposed changes to parts/subparts/sections: 252.227-7019 and 252.227-7037.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS PGI Changes:
Ocean Transportation Procedures (PGI Case 2024-P004)
DFARS PGI is updated to revise instructions to contracting officers regarding the authority to make determinations that a U.S.-flag vessel is not available at a fair and reasonable price or is otherwise not available.
Affected parts/subparts/sections: PGI 247.573.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Changes:
DFARS PGI 225.872-6 is updated to revise an internet link.
Affected parts/subparts/sections: PGI 225.872-6.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240326
On March 26, 2024, DoD published the following changes to the DFARS:
FINAL RULES:
Replacement of Fluorinated Aqueous Film-Forming Foam (DFARS Case 2020-D011)
DoD is adopting as final, with changes, an interim rule that amended the DFARS to implement paragraphs (b), (c), and (d) of section 322 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020. Section 322 prohibits DoD procurement of fluorinated aqueous film-forming foam (AFFF) that contains more than one part per billion of perfluoroalkyl and polyfluoroalkyl substances (PFAS) after October 1, 2023. An exemption is provided for use onboard ocean-going vessels. Section 322 prohibits use of fluorinated AFFF at any military installation after October 1, 2024, unless the Secretary of Defense waives the prohibition on use. The interim rule added a new clause, which prohibits contractors from providing any fire-fighting agent that contains PFAS in excess of one part per billion.
Affected parts/subparts/sections: 212.301; 213.201; 223.7402, 223.7403, 223.7404; TOC 252, 252.223-7009.
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 Mentor-Protégé Program (DFARS Case 2023-D011)
DoD is issuing a final rule amending the DFARS to implement section 856 of the NDAA for FY 2023, which permanently authorizes and modifies the DoD Mentor-Protégé Program. Section 856 codified section 831 of the NDAA for FY 1991, which authorized the program on a temporary basis, at 10 U.S.C. 4902. In addition, section 856 removes the limitation on the time during which mentors can incur costs under mentor-protégé agreements entered into after December 23, 2022, which is the date of enactment of the NDAA for FY 2023.
Affected parts/subparts/sections: 219.7100, 219.7101, 219.7103-1, 219.7103-2, 219.7104; 232.412-70; TOC 252, 252.232-7005; I-100, I-102, I-103, I-106, I-107, I-108, I-109, I-111, I-112.2; 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.
Trade Agreements Thresholds (DFARS Case 2023-D023)
DoD is issuing a final rule amending the DFARS to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative (USTR). The USTR specifies new thresholds in the Federal Register, usually with an effective date of January 1 of each even‐numbered year. The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements to account for changes in economic conditions, thus maintaining the status quo.
Affected parts/subparts/sections: 225.1101, 225.7017-3, 225.7503; 252.225-7017 and 252.225-7018.
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:
Modification of Notification of Intent to Transport Supplies By Sea (DFARS Case 2020-D026)
DoD is proposing to amend the DFARS to remove a DFARS solicitation provision and modify the text of an existing DFARS contract clause to include the requirements of the DFARS provision. This change will streamline instructions to contractors regarding required notifications to the Government of transportation of supplies by sea. It will also reduce the number of representations offerors must provide.
Proposed changes to parts/subparts/sections: 204.1202; 212.301; 247.574; TOC 252, 252.204-7007, 252.247-7022, 252.247-7023, 252.247-7025, 252.247-7026, and 252.247-7027.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS PGI Changes:
Contractor Business Systems Timelines for Initial Determinations (PGI Case 2024-P003)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide instructions to contracting officers regarding revised timelines for initial determinations of deficiencies for contractor business systems.
Affected parts/subparts/sections: PGI 215.407-5-70; 234.201; 242.7203, 242.7502; 244.305-70; and 245.105.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Changes:
DFARS PGI is updated to remove from the list at PGI 201.106 OMB Control Number 0704-0398 for two clauses: 252.211-7004 (repealed via DFARS Case 2019-D022 on 9/29/20) and 252.211-7005 (repealed via DFARS case 2019-D023 on 9/29/20).
Affected parts/subparts/sections: PGI 201.106.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20240215
On February 15, 2024, DoD published the following changes to the DFARS:
FINAL RULES:
Transfer and Adoption of Military Animals (DFARS Case 2020-D021)
DoD is issuing a final rule amending the DFARS to implement section 372(f) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L. 116-92). Section 372(f), as implemented at 10 U.S.C. 2387 (previously 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 United States Air Force, 341st Training Squadron for veterinary screening and care, reclassification as a military animal, and placement for adoption in accordance with 10 U.S.C. 2583.
Affected parts/subparts/sections: 212.301; TOC 237, 237.78, 237.7800, 237.7801, 237.7802, 237.7803, 237.7804; TOC 252, 252.237-7027; 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.
DFARS Buy American Act Requirements (DFARS Case 2022-D019)
DoD is issuing a final rule amending the DFARS to supplement the Federal Acquisition Regulation (FAR) implementation of Executive Order (E.O.) 14005, Ensuring the Future Is Made in All of America by All of America’s Workers (86 FR 7475, January 28, 2021). E.O. 14005 contemplates a series of actions to enable the United States Government to maximize the use of goods, products, and materials produced in the United States in order to strengthen and diversify domestic supplier bases and create new opportunities for U.S. firms and workers.
Affected parts/subparts/sections: 213.302-5; TOC 225, 225.003, 225.101, 225.103, 225.105, 225.106, 225.170, 225.202, 225.502, 225.1101, 225.7503; 252.225-7000, 252.225-7001, 252.225-7021, 252.225-7035, 252.225-7036, 252.225-7044, and 252.225-7045. PGI: 225.101, 225.504, and 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.
PROPOSED RULES:
Use of DoD Program Nomenclature (DFARS Case 2021-D002)
DoD is proposing to amend the DFARS to add coverage of contract-specific designations, such as popular names and program names. DoD intends this coverage to avoid or minimize conflict between DoD and offerors and contractors over rights to such designations. In particular, this proposed rule creates a mechanism to foster transparency between DoD and offerors and contractors regarding claimed ownership of such designations.
Proposed changes to parts/subparts/sections: 212.301; TOC 227, 227.7X00, 227.7X01, 227.7X02, 227.7X03, 227.7X04; TOC 252, 252.227-70XX, 252.227-70YY; and TOC DFARS. PGI 207.105; 227.7X and 227.7X03.
The Federal Register notice for this rule is 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.
Assuring Integrity of Overseas Fuel Supplies (DFARS Case 2022-D013)
DoD is proposing to amend the DFARS to implement section 843 of the NDAA for FY 2022 (Pub. L. 117-81). Section 843 requires offerors to certify that fuel to be provided for a contract in support of an overseas contingency operation is not sourced from a prohibited nation or region and to furnish such records as are necessary to verify their compliance with applicable export control and anticorruption regulations and statutes. Section 843 requires contracting officers, when conducting a source selection for such contracts, to consider using tradeoff processes and certain evaluation factors.
Proposed changes to parts/subparts/sections: 212.203, 212.301; TOC 215, 215.101-71; TOC 225, 225.70WW, 225.70WW-1, 225.70WW-2, 225.70WW-3, 225.70WW-4; TOC 252 and 252.225-70XX.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS TECHNICAL AMENDMENTS:
Amendment #1: DoD is amending the DFARS to make needed editorial changes to update an outdated office name and address at DFARS 245.102 and to correct typographical errors at DFARS 252.223-7009.
Affected parts/subparts/sections: 245.102 and 252.223-7009 and 225.7018-4.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
Amendment #2: DoD is amending the DFARS to make needed editorial changes at DFARS 213.301(6) to provide instructions to contracting officers to follow the procedures at DFARS 232.7002(a)(5) and PGI 242.302(a)(13)(B)(3) when the Governmentwide commercial purchase card is used as a method of payment for contracts or orders.
Affected parts/subparts/sections: 213.301(6).
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI Changes:
Procedures for Contract Closeout When Using the Governmentwide Commercial Purchase Card as a Method of Payment (PGI Case 2023-P002)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide instructions to contracting officers regarding closeout of contracts for which the Governmentwide commercial purchase card is the method of payment.
Affected parts/subparts/sections: PGI 204.804, 204.804-1, 204.804-3, 204.804-4, 204.804-5; and 242.302.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Changes:
DFARS Procedures, Guidance, and Information (PGI) 247.573 is updated to provide a new email address.
Affected parts/subparts/sections: PGI 247.573.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20231222
On December 22, 2023, DoD published the following changes to the DFARS:
Note: The final rule is effective January 22, 2024. The changes to the DFARS and DFARS PGI will be available on this website on January 22, 2024.
FINAL RULE:
Consolidation of DoD Government Property Clauses (DFARS Case 2020-D029)
EFFECTIVE: January 22, 2024
DoD is issuing a final rule amending the DFARS to consolidate existing contract clauses for the management and reporting of Government property into a single contract clause. The final rule also replaces references to legacy software applications used for reporting Government property within the DoD enterprise-wide eBusiness platform, and converts existing form-based processes into electronic processes within that platform.
Affected parts/subparts/sections: TOC 211, 211.274-4, 211.274-5, 211.274-6; 212.301; TOC 245, 245.102, 245.107, 245.201-70, 245.201-71, 245.604-1, 245.70 [Reserved], 245.7001, 245.7001-1, 245.7001-2, 245.7001-3, 245.7001-4, 245.7001-5, 245.7001-6; TOC 252, 252.211-7003, 252.211-7007 [Reserved], 252.211-7008, 252.245-7001 [Reserved], 252.245-7002 [Reserved], 252.245-7003, 252.245-7004 [Reserved], and 252.245-7005. PGI: 201.106; 245.103-73, 245.201-70, 245.201-71, 245.402-71, 245.602-70.
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.
PROPOSED RULE:
Data Requirements for Commercial Products for Major Weapon Systems (DFARS Case 2023-D010)
DoD is proposing to amend the DFARS to implement section 803 of the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023. Section 803 modifies 10 U.S.C. 3455 to provide additional guidance regarding data requirements to support a determination of commerciality and price reasonableness for certain procurements associated with major weapon systems.
Proposed changes to parts/subparts/sections: 212.102, 212.209; 215.403-1, 215.403-3; 234.7002; and 252.215-7010. PGI 234.7002.
The Federal Register notice for this rule is 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.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to update the references to the Governmentwide point of entry (https://www.sam.gov).
Affected parts/subparts/sections: 205.205-70, 205.301; 225.7003-3 and 225.7018-4.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI Changes:
Construction Invoice Name Change (PGI Case 2024-P001)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide a new name for the type of payment request submitted under FAR clause 52.232-5, Payments Under Fixed-Price Construction Contracts. The new name is Construction and Facilities Management Invoice.
Affected parts/subparts/sections: PGI 204.7108 and 232.7004.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20231117
On November 17, 2023, DoD published the following changes to the DFARS:
FINAL RULE:
Inapplicability of Certain Laws and Regulations to Commercial Items (DFARS Case 2017-D010)
DoD is issuing a final rule amending the DFARS to partially implement section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 874 amends 10 U.S.C. 2375 (redesignated as 10 U.S.C. 3452) to: (1) Require DoD to address commercial item applicability for DoD-unique statutes and associated DFARS clauses issued after January 1, 2015; and (2) Redefine “subcontract” and restrict flowing down these contract clauses to subcontracts under contracts for the acquisition of commercial items and commercially available off-the-shelf (COTS) items. The new definition of “subcontract” has been removed from this final rule; the definition will be implemented in a separate DFARS case.
Affected parts/subparts/sections: TOC 212, 212.301, 212.370, 212.371, 212.505; 219.811-3; 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.
PROPOSED RULES:
Inapplicability of Additional Defense-Unique Laws and Certain Non-statutory DFARS Clauses to Commercial Item Contracts (DFARS Case 2018-D074)
DoD is proposing to amend the DFARS to implement section 849 paragraphs (b) and (c) of the NDAA for FY 2018 and section 837 paragraph (a) of the NDAA for FY 2019. Section 849 paragraphs (b) and (c) require that DoD review the DFARS and propose revisions to eliminate certain contract clause requirements applicable to Federal Acquisition Regulation (FAR) part 12 commercial acquisitions and certain contract clause requirements applicable to subcontracts for COTS items, with certain exceptions. Section 837 paragraph (a) amends 10 U.S.C. 2375 (redesignated as 10 U.S.C. 3452) by removing the date of “January 1, 2015” and replacing it with “October 13, 1994.” This proposed rule includes changes in the applicability of two solicitation provisions and one contract clause to commercial products, commercial services, and COTS items.
Proposed changes to parts/subparts/sections: 203.171-4; 203.1004; 204.7403; 212.301; 212.370; 212.371; 212.504; 212.505; 215.371-4; and 215.371-6.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
Limitation on the Acquisition of Certain Goods Other Than United States Goods (DFARS Case 2021-D022)
DoD is proposing to amend the DFARS to implement sections 845 and 1603 of the NDAA for FY 2021, section 816 of the NDAA for FY 2022, and section 853 of the NDAA for FY 2023. These sections amend 10 U.S.C. 4864 (formerly 10 U.S.C. 2534) to require the acquisition of certain items and components from the national technology and industrial base, which is defined at 10 U.S.C. 4801 as the United States, Australia, Canada, New Zealand, or the United Kingdom. These sections add the following items and components to the lists at 10 U.S.C. 4864: welded shipboard anchor and mooring chain (without size restrictions), components for T‐AO 205 and T‐ARC class vessels, and satellite star trackers. Section 845 of the NDAA for FY 2021 removes several components from 10 U.S.C. 4864, including air circuit breakers, ball bearings, and roller bearings. DoD is also proposing to implement section 8016 of the Consolidated Appropriations Act of 2023, which provides waiver authority for the procurement of welded shipboard anchor and mooring chain. This proposed rule consolidates the DFARS implementation of 10 U.S.C. 4864 in a single section in part 225, removes provisions and clauses that are no longer needed, and proposes two new clauses.
Proposed changes to parts/subparts/sections: 212.301; 225.7001, 225.7004, 225.7004-0, 225.7004-1, 225.7004-2, 225.7004-3, 225.7004-4, 225.7004-5, 225.7004-6, 225.7004-7; 225.7006, 225.7007 and 225.7008 (Reserved); 225.7009-1; 225.7010 (Reserved); 252.225-7019; 252.225-7037 and 252.225-7038 (Reserved); 252.225-7062, 252.225-70XX, and 252.225-70YY.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
PROPOSED RULE WITHDRAWAL:
Export-Controlled Items (DFARS Case 2018-D053)
DoD is withdrawing the proposed rule to amend the DFARS for the case titled: Export-Controlled Items (DFARS Case 2018-D053). The decision not to proceed with a final rule has been made because of a change in the associated policy requirements for certain contractors to provide export authorizations. Accordingly, this proposed rule is withdrawn, and the DFARS case is closed.
The Federal Register notice for the withdrawal of this rule is here.
ADVANCE NOTICES OF PROPOSED RULEMAKING:
Rights in Technical Data (DFARS Case 2019-D044)
DoD is seeking information from experts and interested parties in the Government and the private sector that will assist in the development of a revision to the DFARS to implement section 815(a)(2) of the NDAA for FY 2012 and section 809(c) of the NDAA for FY 2017. These sections amend 10 U.S.C. 2320 (redesignated as 10 U.S.C. 3771 and 3772) to address the Government’s rights for deferred ordering of technical data and to establish that the Government is not foreclosed from requiring the delivery of the technical data by the Government’s failure to challenge restrictive markings or asserted rights in technical data. As recommended by the Government‐Industry Advisory Panel on Technical Data Rights (the “Section 813 Panel”), DoD plans to hold two virtual public meetings during the 60‐day public comment period for this advance notice of proposed rulemaking (ANPR) to seek input from experts and interested parties regarding the potential DFARS implementation of section 815(a)(2) of the NDAA for FY 2012 and section 809(c) of the NDAA for FY 2017.
Proposed parts/subparts/sections: 227.7103-8; 227.7203-8; 252.227-7019, 252.227-7027, and 252.227-7037.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing initial draft DFARS text is here.
Modular Open Systems Approaches (DFARS Case 2021-D005)
DoD is seeking information from experts and interested parties in the Government and the private sector that will assist in the development of a revision to the DFARS to implement section 815 of the NDAA for FY 2012, section 809 of the NDAA for FY 2017, and section 804 of the NDAA for FY 2021. These sections amend 10 U.S.C. 2320 (redesignated as 10 U.S.C. 3771) and 10 U.S.C. 2446a (redesignated as 10 U.S.C. 4401). Section 815 addresses rights in technical data necessary for segregation and reintegration activities. Sections 809 and 804 address rights in technical data for interfaces developed exclusively at private expense or with mixed (i.e., both Government and private) funding; section 804 also requires relevant modular system interfaces to be included in the acquisition strategy or other requirements documentation. As recommended by the Section 813 Panel, DoD plans to hold two virtual public meetings during the 60‐day public comment period for this ANPR to seek input from experts and interested parties regarding the potential DFARS implementation of section 815 of the NDAA for FY 2012, section 809 of the NDAA for FY 2017, and section 804 of the NDAA for FY 2021.
Proposed parts/subparts/sections: 207.103; 215.304; 227.7100, 227.7102-1, 227.7102-2, 227.7103-1, 227.7103-5, 227.7104, 227.7200, 227.7202-1, 227.7202-3, 227.7203-1, 227.7203-5; 252.227-7013, 252.227-7014, 252.227-7015, 252.227-7017, and 252.227-7018.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing initial draft DFARS text is here.
A Microsoft Word format document showing initial draft DFARS PGI text is here.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes to update reference titles to various DoD and technical publications, update internet links, revise references from “Bahrainian” to “Bahraini”, correct one typographical error, and add a pointer to DFARS Procedures, Guidance, and Information.
Affected parts/subparts/sections: 211.002; 215.404-75; 223.370-3; 223.7200, 223.7201, 223.7202, 223.7203; 234.003, 234.005-1, 234.7100; 252.204-7007, 252.204-7019, 252.204-7020, 252.223-7002, 252.223-7007, 252.225-7013, 252.225-7017, 252.225-7018, 252.225-7035, 252.225-7036, 252.225-7045, and 252.227-7018.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI Changes:
Contract Authority for Development and Demonstration of Initial or Additional Prototype Units Data Collection (PGI Case 2022-P003)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide guidance on coding procurement contract action reports at PGI 204.606(3)(xiii)(1), when establishing a contract with an option or line item pursuant to DFARS 234.005-1. Additional guidance is provided at PGI 234.005-1, to provide upon request, benefits derived from the use of contract line items or contract options for the development and demonstration, or initial production of technology developed under the contract, or the delivery of initial or additional items in accordance with DFARS 235.016 and 234.005-1.
Affected parts/subparts/sections: PGI 204.606 and 234.005-1.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Change:
The following administrative changes are made to DFARS PGI:
(1) Add guidance at PGI 204.804 for departments and agencies to follow when requesting a waiver of any provisions of acquisition law or regulation to carry out the closeout procedures at DFARS 204.804(3)(iv). This guidance originated with DFARS Case 2018-D012, Contract Closeout Authority.
(2) Update reference titles to various DoD and technical publications at PGI 207.105 and 223.370-4 and an internet link at PGI 207.105.
(3) Update an email address at PGI 242.1203.
Affected parts/subparts/sections: PGI 204.804; 207.105; 223.370-4; 242.1203.
A Microsoft Word format document showing the DFARS PGI changes is here.
DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20231025
On October 25, 2023, DoD published the following changes to the DFARS:
Note: The three final rules, technical amendment, DFARS PGI changes, and DFARS PGI administrative changes are effective October 30, 2023.
FINAL RULE:
Restrictions on Overhaul and Repair of Naval Vessels in Foreign Shipyards (DFARS Case 2021-D021)
EFFECTIVE: October 30, 2023
DoD is issuing a final rule amending the DFARS to implement section 1025 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L. 116-283), 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: (1) voyage repairs or to repairs required for damage sustained due to hostile actions or interventions, or (2) corrective and preventive maintenance or repair and facilities maintenance performed on a littoral combat ship operating on deployment. This final 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.
Affected 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 made by this rule is here.
Prohibition on Certain Procurements from the Xinjiang Uyghur Autonomous Region (DFARS Case 2023-D015)
EFFECTIVE: October 30, 2023
DoD is adopting as final, without change, an interim rule amending the DFARS to implement section 855 of the NDAA for FY 2023. Section 855 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 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. The interim rule required 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.
New Designated Country—North Macedonia (DFARS Case 2024-D001)
EFFECTIVE: October 30, 2023
DoD is issuing a final rule amending the DFARS to add North Macedonia as a new designated country under the World Trade Organization (WTO) Government Procurement Agreement (GPA). The WTO Committee on Government Procurement has approved the accession of North Macedonia to the WTO GPA, effective October 30, 2023. The United States, which is also a party to the WTO GPA, has agreed to waive discriminatory purchasing requirements for eligible North Macedonian products and suppliers as of October 30, 2023. This final rule adds North Macedonia to the list of WTO GPA countries wherever it appears in the DFARS.
Affected parts/subparts/sections: 252.225-7017, 252.225-7021, 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.
PROPOSED RULE:
DoD Mentor-Protégé Program (DFARS Case 2023-D011)
DoD is proposing to amend the DFARS to implement section 856 of the NDAA for FY 2023, which permanently authorizes and modifies the DoD Mentor-Protégé Program. Section 856 codified section 831 of the NDAA for FY 1991, which authorized the program on a temporary basis, at 10 U.S.C. 4902. In addition, section 856 removes the limitation on the time during which mentors can incur costs under mentor-protégé agreements entered into after December 23, 2022, which is the date of enactment of the NDAA for FY 2023. This proposed rule implements these changes.
Proposed changes to parts/subparts/sections: 219.7100, 219.7101, 219.7103-1, 219.7103-2, 219.7104; 232.412-70; and 252.232-7005. Appendix I to Chapter 2: I-100, I-102, I-103, I-106, I-107, I-108, I-109, I-111, and I-112.2.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes proposed by this rule is here.
DFARS TECHNICAL AMENDMENT:
DoD is amending the DFARS to make needed editorial changes resulting from section 901 of the NDAA for FY 2017 that made organizational changes within the Office of the Secretary of Defense. The DFARS has been incrementally updated to implement the section 901(b) name changes when publishing other final rules that included these organizational references; however, this technical amendment is needed to accomplish all remaining changes required. In addition, certain internet links and email addresses are updated, and other minor edits are made to add pointers to DFARS Procedures, Guidance, and Information. See the Federal Register notice for affected sections.
The Federal Register notice for this rule is here.
A Microsoft Word format document showing the DFARS changes is here.
DFARS PGI Changes:
Construction Contract Administration (PGI Case 2023-P001)
DFARS Procedures, Guidance, and Information (PGI) is updated to provide guidance on the required notice regarding timely definitization of equitable adjustments for change orders under construction contracts. Guidance is also provided on reporting data on the timelines for definitization of all requests for equitable adjustment for change orders received from contractors under construction contracts.
Affected parts/subparts/sections: PGI 205.205 and 236.211.
A Microsoft Word format document showing the DFARS PGI changes is here.
Procedures for Updating the Government-Furnished Property Attachment (PGI Case 2023-P003)
DFARS PGI is updated to provide guidance on when a contract modification and an update to the Government-furnished property (GFP) attachment in the GFP module of the Procurement Integrated Enterprise Environment is required to create a consolidated, conformed list of property to be contractually provided under the contract.
Affected parts/subparts/sections: PGI 245.103-73 and 245.103-74.
A Microsoft Word format document showing the DFARS PGI changes is here.
DFARS PGI Administrative Changes:
Administrative changes are made to DFARS PGI to reflect organizational changes within the Office of the Secretary of Defense resulting from section 901 of the NDAA for FY 2017. DFARS PGI has been incrementally updated to implement the section 901(b) name changes when publishing other PGI changes that included these organizational references; however, this administrative update is needed to accomplish all remaining changes required. In addition, internet links and email addresses are updated, and guidance on procedures regarding certificate of current cost or pricing data is reinstated.
Affected parts/subparts/sections: PGI 201.304; 203.806; 204.7107; 209.570-3; 211.274-2; 215.406-1, 215.406-2; 217.7506; 218.271; 222.7404; 225.370, 225.770, 225.770-5, 225.771-3, 225.772, 225.772-3, 225.802, 225.871-4, 225.7203, 225.7604; 226.103; 230.201, 230.201-5; 231.205, 231.205-70; 232.501, 232.501-2, 232.1001, 232.7101; 237.102 and 237.102-71.
A Microsoft Word format document showing the DFARS PGI changes is here.