Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20210224


TECHNICAL AMENDMENT:


On January 15, 2021, DoD published a technical amendment in the Federal Register (86 FR 3836) amending the DFARS, effective February 24, 2021, to correct a reference at 225.872-7 to the DoD Industrial Security Regulation (DoD 5220.22-R), which is codified at 32 CFR part 117, effective February 24, 2021.

Affected parts/subparts/sections:  225.872-7; PGI 204.403 and 225.7901-2.

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.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20210115


On January 15, 2021, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:

Covered Defense Telecommunications Equipment or Services (DFARS Case 2018-D022)


DoD is adopting as final, with changes, an interim rule that amended the DFARS to implement section 1656 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91) and to implement the DoD-specific prohibitions in section 889(a)(1)(A) of the NDAA for FY 2019. Section 1656 provided that DoD may not procure or obtain, or extend or renew a contract to procure or obtain, any equipment, system, or service to carry out the DoD nuclear deterrence or homeland defense missions that uses covered defense telecommunications equipment or services as a substantial or essential component of any system or as a critical technology as a part of any system. This rule also provides agency procedures associated with the implementation of section 889(a)(1)(A) of the NDAA for FY 2019 (Pub. L. 115-232) in the Federal Acquisition Regulation (FAR), which provides a similar Governmentwide prohibition. As a result of public comments, this final rule extends the timeframes in which contractors must report information related to the discovery of covered defense telecommunications equipment or services.

Affected parts/subparts/sections:  252.204-7018.

The Federal Register notice for this rule is here.

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

Repeal of DFARS Clause “Tariff Information” (DFARS Case 2018-D044)


Amends the DFARS to remove DFARS clause 252.239-7006, Tariff Information, which is no longer required. This clause was initially added to the DFARS to implement a standardized approach across DoD for addressing critical issues associated with the acquisition of telecommunication services. Since its implementation, technological advances, and the passage of additional telecommunication regulations at 47 CFR 42.10, have made this clause unnecessary. This rule implements a recommendation by the DoD Regulatory Reform Task Force under Executive Order (E.O.) 13777, Enforcing the Regulatory Reform Agenda.

Affected parts/subparts/sections:  239.7411; TOC 252, and 252.239-7006.

The Federal Register notice for this rule is here.

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

Property Loss Reporting in the Procurement Integrated Enterprise Environment (DFARS Case 2020‐D005)


Amends the DFARS to replace a legacy software application used for reporting loss of Government property with new capabilities developed within the DoD enterprise‐wide, eBusiness platform, Procurement Integrated Enterprise Environment (PIEE). DoD developed the Government‐Furnished Property module within the PIEE to address limitations of the legacy software application and to provide DoD with end‐to‐end accountability for all Government‐furnished property transactions within a secure, single, integrated system. The replacement of the legacy software application may reduce compliance requirements over time for contractors, including small businesses, due to the technological advances in the PIEE.

Affected parts/subparts/sections:  245.102; 252.245-7002. PGI 245.103-71 and 245.103-72.

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:


Improved Energy Security for Main Operating Bases in Europe (DFARS Case 2020-D030)


DoD is proposing to amend the DFARS to implement section 2821 of the NDAA for FY 2020 (Pub. L. 116-92). Section 2821 prohibits contracts for the acquisition of furnished energy, for a covered military installation in Europe, that is sourced from inside the Russian Federation. The rule creates a new solicitation provision in which an offeror represents, by submission of its offer, that the offeror will not use or supply energy sourced in the Russian Federation in performance of a contract resulting from the solicitation. The rule also creates a contract clause that prohibits a contractor from using, in performance of the contract, any energy sourced from inside the Russian Federation unless a waiver is approved. Notice of a waiver must be submitted to the congressional defense committees prior to award of any energy contract for which a waiver is granted.

Proposed changes to parts/subparts/sections:  212.301; 225.70XX, and 225.70XX-1 through 225.70XX-4; 252.225-70XX and 252.225-70YY. PGI 225.70XX-3.

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.

TECHNICAL AMENDMENTS:


DoD is amending the DFARS to make the following technical amendments to:

  • Correct the numbering of paragraphs at 212.301(f)(ii).
  • Correct a paragraph reference in DFARS clause 252.244-7000, paragraph (d).

These changes were included in previous rules; however, the changes were not made in the Code of Federal Regulations.

Affected parts/subparts/sections:  212.301; 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.

DoD is amending the DFARS, effective February 24, 2021, to make the following technical amendment to:

  • Correct a reference at 225.872-7 to the DoD Industrial Security Regulation (DoD 5220.22-R), which will be codified at 32 CFR part 117, effective February 24, 2021.

Affected parts/subparts/sections:  225.872-7; PGI 204.403 and 225.7901-2.

The Federal Register notice for this rule is here.

A Microsoft Word format document will be provided on the effective date, February 24, 2021, showing the DFARS and PGI changes made by this rule.

PGI ADMINISTRATIVE CHANGE:


DFARS PGI 207.103 is updated to reflect contact information for the Joint Program Executive Office, Armaments and Ammunition.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20201130


INTERIM RULE:


Assessing Contractor Compliance with Cybersecurity Requirements (DFARS Case 2019-D041)


On September 29, 2020, DoD published interim major rule 2019-D041 in the Federal Register (85 FR 61505) amending the DFARS, effective 60 days after the date of publication (November 30, 2020), to implement the National Institute of Standards and Technology (NIST) Special Publication (SP) 800-171 DoD Assessment Methodology and the Cybersecurity Maturity Model Certification (CMMC) framework. The objective of the rule is to provide the Department with: (1) the ability to assess at a corporate-level a contractor’s implementation of NIST SP 800-171 security requirements; and (2) assurances that a Defense Industrial Base contractor can adequately protect sensitive unclassified information at a level commensurate with the risk, accounting for information flow down to its subcontractors in a multi-tier supply chain.

Affected parts/subparts/sections:  TOC 204, 204.7302, 204.7303, 204.7304; 204.75, 204.7500, 204.7501, 204.7502, 204.7503; 212.301; 217.207; TOC 252, 252.204-7019, 252.204-7020, and 252.204-7021.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20201123


On November 23, 2020, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Repeal of DFARS Provision and Clause on Reserve Officer Training Corps and Military Recruiting on Campus (DFARS Case 2020-D002)


Amends the DFARS to remove DFARS provision 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation, and DFARS clause 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus, which implemented 10 U.S.C. 983(d)(1). Since the statute applies to several Federal agencies, a FAR clause has been implemented to create a single standard for all agencies that are subject to the statute. A final rule (85 FR 67619) issued under FAR case 2018-021 amended the FAR to implement the requirements of 10 U.S.C. 983 for all affected Federal agencies. This rule implements a recommendation from the DoD Regulatory Reform Task Force.

Affected parts/subparts/sections:  204.1202; TOC 209, 209.470, 209.470-1 through 209.470-4; TOC 252, 252.204-7007, 252.209-7003, and 252.209-7005.

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 DFARS Clauses Related to Taxes Applied to Foreign Contracts in Afghanistan (DFARS Case 2020-D025)


Amends the DFARS to remove DFARS clauses 252.229-7014, Taxes–Foreign Contracts in Afghanistan, and 252.229-7015, Taxes-Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement). Since several Federal agencies award contracts that are subject to the terms of the Agreement or SOFA, a final rule issued under FAR case 2018-023 (85 FR 67623) implemented two new clauses in the FAR that notify applicable contractors of the same information included in DFARS clauses. As the text of the DFARS clauses have been implemented in the FAR, the DFARS clauses are no longer necessary and can be removed from the DFARS. This rule implements a recommendation from the DoD Regulatory Reform Task Force.

Affected parts/subparts/sections:  212.301; 229.402-70; TOC 252, and 252.229-7014 and 252.229-7015.

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:


Authorities for Minimizing the Use of Materials Containing Hexavalent Chromium (DFARS Case 2020-D031)


DoD is proposing to amend the DFARS to remove references to Executive Order (E.O.) 13423, Strengthening Federal Environmental, Energy, and Transportation Management, and E.O. 13514, Federal Leadership in Environmental, Energy, and Economic Performance, as the authorities for the policy at DFARS subpart 223.73, Minimizing the Use of Materials Containing Hexavalent Chromium. Both E.O. 13423 and E.O. 13514 were revoked by E.O. 13693, Planning for Federal Sustainability in the Next Decade, which was later revoked by E.O. 13834, Efficient Federal Operations (83 FR 23771, May 22, 2018). However, the removal of these references will not impact DoD’s policies and procedures for minimizing the use of hexavalent chromium.

Proposed changes to parts/subparts/sections:  223.7301 and 223.7302.

The Federal Register notice for this rule is here.

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

Commercial Item Determinations (DFARS Case 2020-D033)


DoD is proposing to amend the DFARS by publishing a second proposed rule under DFARS Case 2020-D033 to further implement section 848 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91), because of substantial changes from the first proposed rule. Section 848 modifies 10 U.S.C. 2380(b) to provide that a contract for an item using FAR part 12 procedures shall serve as a prior commercial item determination, unless the appropriate official determines in writing that the use of such procedures was improper or that it is no longer appropriate to acquire the item using commercial item acquisition procedures. This rule also proposes to remove the procedures at DFARS subpart 212.70, established pursuant to section 856 of the NDAA for FY 2016 (Pub. L. 114-92), which apply to procurements of more than $1 million previously procured under a prime contract using FAR part 12 procedures. The authority for these procedures expires on November 25, 2020.

Proposed changes to parts/subparts/sections:  TOC 212, 212.102 and 212.70, 212.7000 and 212.7001.

The Federal Register notice for this rule is here.

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