Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20180413

On April 13, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans (DFARS Case 2015-D013)


This final rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 821 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113-291), section 872 of the NDAA for FY 2016 (Pub. L. 114-92), and section 826 of the NDAA for FY 2017 (Pub. L. 114-328), all of which provide revisions to the Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans.

Affected parts/subparts/sections:  211.500; 215.305; 219.702-70, 219.708; 242.1502; 252.219-7003, and 252.219-7004. PGI 219.7 and 219.702 are removed.

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.

Competition for Religious-Related Services Contracts (DFARS Case 2016-D015)


This final rule amends the DFARS to implement section 898 of the NDAA for FY 2016 (Pub. L. 114-92), which requires that DoD not preclude a nonprofit organization from competing for a contract for religious-related services on a United States military installation. The rule sets forth policy and procedures that allow nonprofit organizations to participate in small business set-asides and directed contracting officers not to use certain sole source authorities when acquiring religious-related services on a United States military installation. The rule also includes a new provision to ensure that potential offerors are aware that a nonprofit organization will not be precluded from competing for a contract for religious-related services under a small business set-aside.

Affected parts/subparts/sections:  212.301; 213.7001; 219.270, 219.270-1, 219.270-2, 219.270-3; 219.270-3; 237.7700, 237.7701, 237.7702; and 252.219-7012.

The Federal Register notice for this rule is here.

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

Consolidation of Contract Requirements (DFARS Case 2017-D004)


This final rule amend the DFARS to remove outdated coverage of consolidation of contract requirements at DFARS 207.170. This coverage implemented 10 U.S.C. 2382, which was repealed by section 1671 of the NDAA for FY 2013 (Pub. L. 112-239). As a result, DoD is now required to comply with section 44 of the Small Business Act (15 U.S.C. 657q) regarding consolidation of contract requirements, which is already implemented at FAR 7.107.

Affected parts/subparts/sections:  207.170 is reserved and 207.170-1, 207.170-2, and 207.170-3 are removed; 210.001; and 219.201. PGI 253.219-70.

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.

Safe Access to Projects in Afghanistan (DFARS Case 2017-D032)


This final rule amends the DFARS to implement section 1216 of the NDAA for FY 2017 (Pub. L. 114-328), which provides that funding amounts available to DoD may not be obligated or expended for a construction or other infrastructure program or project of the Department in Afghanistan if military or civilian personnel of the United States Government, or their representatives with authority to conduct oversight of such program or project, cannot safely access such program or project.

Affected parts/subparts/sections:  225.7700, and added 225.7705, 225.7705-1, 225.7705-2, and 225.7705-3.

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 "Information Technology" (DFARS Case 2017-D033)


This final rule amends the DFARS to relocate the definition of “information technology” from DFARS 202.101 to DFARS 239.7301. This precise definition of “information technology” was established in section 806, entitled “Requirements for Information Relating to Supply Chain Risk,” of the NDAA for FY 2011 (Pub. L. 111-383), and is applicable only in regard to the requirements relating to supply chain risk in DFARS 239.7301.

Affected parts/subparts/sections:  202.101 and 239.7301.

The Federal Register notice for this rule is here.

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

Educational Service Agreements (DFARS Case 2017-D039)


This final rule amends the DFARS to remove limiting language related to educational service agreements. This deletion will allow DoD to make agreements that permit payment for Masters of Laws degrees and other legal training programs, in accordance with applicable law, regulation, and policy.

Affected parts/subparts/sections:  237.7202.

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 20180323

On March 23, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Amendment to Mentor-Protégé Program (DFARS Case 2016-D011)


Amends the DFARS to implement section 861 of the National Defense Authorization Act for Fiscal Year 2016. Section 861 provides several amendments to the Mentor Protégé Program, including new reporting requirements for mentor firms to provide information to DoD’s Office of Small Business Programs to support decisions regarding continuation of particular mentor-protégé agreements. In addition, section 861 adds new eligibility criteria; adds limitations on a protégé firm’s participation in the Program; adds new elements to mentor-protégé agreements; extends the Program for three years to September 30, 2021; and amends requirements for business development assistance provided by a mentor firm and for reimbursement of fees assessed by the mentor firm.

Affected parts/subparts/sections:  219.7100, 219.7102, 7103-2, 219.7104; and Appendix I sections I-100, I-101.1, I101.2, I101.4, I-101.5, I-101.6, I-101.7, I-101.8, I-102, I-103, I-104, I-105, I-106, I-107, I-109, I-110.1, I110.2, I-112.1, and I-112.2.

The Federal Register notice for this rule is here.

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

Technical Amendment:


This final rule amends the DFARS to make carious administrative changes to the regulations, to include the following:

1.   Updates web addresses at DFARS 211.275-2 and 252.211-7006.

2.   Updates DFARS 213.106-2 and DFARS 252.213-7000 to reference the “Supplier Performance Risk System (SPRS)” in lieu of the “Past Performance Information Retrieval System (PPIRS-SR)” and to provide updates links to websites.

3.   Updates organizational names in three places at DFARS 242.002.

4.   Amends DFARS 245.103-74 to correct a cross reference by removing “PGI 245.103-73” and adding “PGI 245.103-74” in its place.

The Federal Register notice for this rule is here.

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

DFARS PGI Administrative changes:


1.   Corrects the DFARS PGI 201.106 list of OMB approved Paperwork Reduction Act OMB Control Numbers to change DFARS Segment 252.246-7009 to read 252.246-7008.

2.   Updates DFARS PGI 202.101(2) to remove, from the list of DoD contracting activities, the Air Force Intelligence, Surveillance and Reconnaissance Agency.

3.   Updates DFARS PGI 204.7108(b)(1) to include an internet link and also add, at PGI 204.7108(b)(2), the statement “For Government Use Only” at the top of the table.

4.   Corrects a cross reference at PGI 245.103-73(1).

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20180131

On January 31, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Procurement of Commercial Items (DFARS Case 2016-D006)


Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 831 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013, sections 851-853 and 855-857 of the NDAA for FY 2016, and section 848 of the NDAA for FY 2018. The rule provides guidance to contracting officers for making price reasonableness determinations, promotes consistency in making commercial item determinations, and expands opportunities for nontraditional defense contractors to do business with DoD.

Affected parts/subparts/sections:  202.101; 212.001, 212.102, 212.209, 212-70, 212.7000, 212.7001; 215.401, 215.403-1, 215.404-1, 215.408; 234.7002; 239.101; 252.215-7010, 252.215-7011, 252.215-7012, and 252.215-7013. PGI 212.102; 215.402, 215.403-1, 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.

State Sponsor of Terrorism-North Korea (DFARS Case 2018-D004)


Amends the DFARS to implement the designation by the Department of State of North Korea as a state sponsor of terrorism. The rule adds North Korea to the list of countries that are state sponsors of terrorism in the definition of “state sponsor of terrorism” in DFARS provisions 252.225-7049 and 252.225-7050.

Affected parts/subparts/sections:  252.225-7049 and 252.225-7050.

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 Changes:


1.   Provides an updated hyperlink at PGI 215.406-3 to the Contract Business Analysis Repository.

2.   Corrects the threshold in the examples at PGI 215.403-1(c)(3)(B)(2) to align with the threshold at DFARS 215.403-1(c)(3)(B).

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20171228

On December 28, 2017, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


New Qualifying Country–Latvia (DFARS Case 2017-D037)


Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to add Latvia as a qualifying country. On April 10, 2017, the Secretary of Defense and the Minister of Defense of the Republic of Latvia signed a Reciprocal Defense Procurement Agreement. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. This agreement does not cover construction or construction material. Latvia is already a designated country under the World Trade Organization Government Procurement Agreement.

Affected parts/subparts/sections:  225.003, 225.872-1, 252.225-7001, 252.225-7002, 252.225-7012, 252.225-7017, 252.225-7021, and 252.225-7036.

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 2018-D001)


Amends the DFARS to adjust thresholds for application of the World Trade Organization Government Procurement Agreement and Free Trade Agreements as determined by the United States Trade Representative. The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements. The updated thresholds are effective January 1, 2018; the DFARS Replacement Subparts provided with this notice reflect the updated thresholds and effective date.

Affected parts/subparts/sections:  225.1101, 225.7017-3, 225.7017-4, 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.

Procedures Guidance and Information (PGI) Changes:


Reporting Government Inventory Held under Sustainment Contracts (DFARS PGI Case 2017-P004)


Clarifies responsibilities regarding Government property provided under sustainment contracts, and the use of the DD Form 1423, Contract Data Requirements List, for inventory reporting.

Affected PGI parts/subparts/sections:  PGI 207.105(b)(13)(i), 245.103-73, and 245.103-74.

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

PGI Administrative Changes:


1.   Revises three PGI sections to reflect updated references and cite the applicable volumes of DoD Manual 4140.01. The updated reference citations are located at: PGI 206.302-2(iv), 209.270-4(1), and 245.201-70(8).

2.   Provides an updated reference at PGI 237.102-75.

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

DFARS Technical Amendments:


1.   Corrects, at 204.7304(b) and 212.301(f)(ii)(B), the DFARS clause 252.204-7009 title to add the missing words “Reported Cyber Incident”.

2.   Revises various DFARS sections to reflect updated references and cite the applicable volumes of DoD Manual 4140.01. The updated reference citations are located at: DFARS 211.275-2(a)(1), 217.7001(b), 217.7002(b), 217.7003(a), 217.7506, 217.7601(b), 239.7001, 242.1105(1)(i), and 252.211-7006(b)(1)(i).

3.   Corrects cross references at DFARS 218.271(d), 225.7501(a)(2)(i), 227.7103-10(a)(1), 237.102-75, and 252.247-7020 introductory text.

4.   Provides guidance at DFARS 219.705-4(d) that contracting officers may use the checklist at PGI 219.705-4 when reviewing subcontracting plans, and to see PGI 219.705-6(f) for guidance on reviewing subcontracting reports. Adds a new section at DFARS 219.705-6 to refer contracting officers to PGI 219.705-6(f) for guidance on reviewing subcontracting reports. Updates the Part 219 Table of Contents.

5.   Revises DFARS 222.406-9(c)(3) to state that the Department of Labor will retain withheld funds pending completion of an investigation or other administrative proceedings in lieu of the Comptroller General.

6.   Corrects, at DFARS 225.870-4(c)(3), the titles of DFARS clauses 252.215-7003 and 252.215-7004 by adding the missing words “Submission of” to each clause title.

7.   Corrects a reference at DFARS 242.7301(b).

8.   Makes a minor editorial change to DFARS 242.7503 by adding “or” after the semicolon in paragraph (a).

9.   Corrects a typographical error at DFARS 243.204-70-3(b) by correcting the spelling of “contracting”.

10.   Renumbers DFARS section 245.103-73 as 245.103-74. Provides new guidance at DFARS 245.103-73 for contracting officers to see DFARS PGI 245.103-73 for information on reporting Government property under sustainment contracts. Updates the Part 245 Table of Contents.

11.   Provides updated internet links at DFARS 252.245-7002 and 252.245-7004.

12.   Makes an editorial correction to DFARS clause 252.246-7008, by adding a comma in paragraph (e).

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) PGI Publication Notice 20171208

On December 8, 2017, DoD made the following changes to the DFARS PGI:

PGI Changes:


Contract Reporting Under FPDS Version 1.5 (DFARS PGI Case 2017-P006)


Amends DFARS PGI part 204 for consistency with the Federal Procurement Data System Version 1.5.

Affected PGI part/sections:  PGI 204.6, 204.602, 204.604, 204.606, and 204.1670.

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

PGI Administrative Updates

(Makes minor updates and corrections to the PGI sections listed below.)

1.   PGI 201.106:  updates the listing of OMB approvals under information collections under the Paperwork Reduction Act.

2.   PGI 202.101:  removes components that are no longer designated as DoD contracting activities and lists components in alphabetical order.

3.   PGI 208.7003-1:  reformats paragraph (b)(ii) and correct the address attention line for DLA Aviation.

4.   PGI 217.7701(5):  corrects “DFARS Subpart 217.74, Undefinitized Contractual Actions” to read “DFARS subpart 217.74, Undefinitized Contract Actions”.

5.   PGI 225.872-6(2):  Corrects a hyperlink.

6.   PGI 245.201-70(12):  corrects a title and add a hyperlink.

7.   PGI 247.573(b):  corrects several hyperlinks and make minor editorial changes.

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

DFARS Administrative Updates

(Makes minor updates to the DFARS sections listed below; only the DFARS webpage is changed, since the eCFR is correct.)

1.   DFARS 213.106-2(b)(i)(A):  removes a hyperlink from a reference document, since the hyperlinked website is provided.

2.   DFARS 217.7404-3(b):  corrects a misspelled word.

3.   DFARS 231.205-18(c)(iii)(C)(1):  corrects a hyperlink.

4.   DFARS 237.7204:  Educational Service Agreements, Schedule Provisions, paragraph 5, corrects a misspelled word.

5.   DFARS 252.212-7002:  inserts “DFARS” in two places.

6.   DFARS 252.225-7018(b)(1):  corrects a dollar threshold.

7.   DFARS 252.242-7004(d)(8) and (9):  corrects cross references.

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

DDEFENSE FAR SUPPLEMENT (DFARS) PGI Publication Notice 20171201

On December 1, 2017, DoD made the following changes to the DFARS PGI:

PGI Changes:


Payment Instructions (DFARS PGI Case 2018-P001)


Updates the DFARS PGI to provide payment instructions for certain contracts based on the payment clause contained in the contract.

Affected PGI section:  PGI 204.7108.

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

Safeguarding Covered Defense Information and Cyber Incident Reporting (DFARS PGI Case 2017-P003)


Updates the DFARS PGI procedures for safeguarding covered defense information and cyber incident reporting to be consistent with the previously published DFARS case 2013-D018, Network Penetration Reporting and Contracting for Cloud Services.

Affected PGI sections:  PGI 204.7303-1, 204.7303-2, 204.7303-3, and 204.7303-4.

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

Update of DD Form 2579 (DFARS PGI Case 2016-P021)


Updates the DFARS PGI to provide instructions for completing the DD Form 2579.

Affected PGI section:  PGI 253.219-70(c).

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

Subcontracting Plans and Associated Reports (DFARS PGI Case 2016-P018)


Provides additional guidance to contracting officers regarding the review of small business subcontracting plans and subcontracting reports.

Affected PGI sections:  PGI 219.705, 219.705-4, and 219.705-6.

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