Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20180629

On June 29, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Undefinitized Contract Action Definitization (DFARS Case 2015-D024)


DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide a more transparent means of documenting the impact of costs incurred during the undefinitized period of an undefinitized contract action on allowable profit, and to recognize when contractors demonstrate efficient management and internal cost control systems through the submittal of a timely, auditable proposal in furtherance of definitization of the undefinitized contract action. The rule requires contracting officers to document in the price negotiation memorandum their rationale for assigning a specific contract type risk value.

Affected parts/subparts/sections:  215.404-71-2, 215.404-71-3; 217.7404-6; and 243.204-70-6.

The Federal Register notice for this rule is here.

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

Offset Costs (DFARS Case 2015-D028)


DoD is issuing a final rule amending the DFARS to implement section 812 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 related to costs associated with indirect offsets under foreign military sales (FMS) agreements and expand on the prior interim rule guidance related to FMS offset costs. Section 812 amended 10 U.S.C. 2306a(b)(1) to state that submission of certified cost or pricing data shall not be required in the case of a contract, a subcontract, or modification of a contract or subcontract to the extent such data: (1) relates to an offset agreement in connection with a contract for sale of a weapon system or defense-related item to a foreign country or foreign firm; and (2) does not relate to a contract or subcontract under the offset agreement for work performed in such foreign country or by such foreign firm that is directly related to the weapon system or defense-related item being purchased under the contract.

Affected parts/subparts/sections:  202.101; 215.403-1, 215.408; 225.7303-2; Table of Contents for part 252, and 252.215-7014.

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 “Requirements” (DFARS Case 2018-D030)


Amends the DFARS to remove DFARS clause 252.216-7010, Requirements, the Alternate clause, the associated clause prescription, and a cross-reference to the clause at DFARS 247.271-3(p). FAR clause, 52.216-21, Requirements, advises contractors of the same information in the DFARS clause, and also provides a date after which the contractor is not required to make any deliveries under the contract. The DFARS clause is redundant and is removed. The removal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  216.506(d); 247.271-3(p); Table of Contents for part 252, and 252.216-7010.

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 “Pricing Adjustments” (DFARS Case 2018-D032)


Amends the DFARS to remove DFARS clause 252.215-7000, Pricing Adjustments, the clause prescription, and associated DFARS cross-references. The DFARS clause is included in solicitations and contracts that contain the FAR clause 52.215-11, Price Reduction for Defective Certified Cost or Pricing Data-Modifications, FAR 52.215-12, Subcontractor Certified Cost or Pricing Data, or FAR 52.215-13, Subcontractor Certified Cost or Pricing Data-Modifications. DFARS clause 252.215-7000 defines the term "pricing adjustment" as the aggregate increases and/or decreases in cost plus applicable profits. This term is adequately defined in the associated FAR clauses and this DFARS clause can be removed. The removal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  208.404(a)(iv), 212.301(f)(vi); 214.201-6; 215.408(1); 216.506(S-70); 225.870-4(c)(3); Table of Contents for part 252, 252.215-7000, 252.215-7002, 252.215-7003, 252.215-7004, 252.215-7008, 252.215-7009, 252.215-7010,252.215-7011, 252.215-7012, and 252.215-7013.  PGI: 215.403-3(5).

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:


Electronic Submission and Processing of Payment Requests and Receiving Reports (DFARS Case 2016-D032)


Proposes to amend the DFARS to clarify policies and procedures for submission of payment requests and receiving reports in electronic form, which is accomplished through Wide Area WorkFlow (WAWF). The rule clarifies the exceptions at 232.7002, Policy, for providing electronic payment-related documents and for processing payment requests and receiving reports in WAWF. The rule clarifies that contractors may request permission from the contracting officer, in writing, to submit payment requests and receiving reports using temporary alternative methods, other than in electronic form.

Proposed changes to parts/subparts/sections:  232.7001, 232.7002, 232.7003, 232.7004; 246.370,246.371, 246.471; 252.232-7003, 252.232-7006, 252.246-7000, 252.246-7003; Appendix F, F-102, F-301, F-305, F-306,F-502.

The Federal Register notice for this rule is here.

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

Submission of Summary Subcontract Reports (DFARS Case 2017-D005)


Proposes to amend the DFARS to implement a policy that streamlines the submission and review of Summary Subcontract Reports (SSRs) for DoD contractors and brings the DFARS into compliance with changes to the FAR. Instead of submitting multiple SSRs to departments and agencies within DoD, contractors with individual subcontracting plans will submit a single, consolidated SSR in the Electronic Subcontract Reporting System (eSRS) at the DoD level. The consolidated SSR will be acknowledged or rejected in eSRS at the DoD level.

Proposed changes to parts/subparts/sections:  252.219-7003.

The Federal Register notice for this rule is here.

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

Only One Offer (DFARS Case 2017-D009)


Proposes to partially implement section 822 of the NDAA for FY 2017 to (1) address the requirement for certification of cost or pricing data and potential submission of additional certified cost or pricing data when only one offer is received in response to a competitive solicitation, and (2) make prime contractors responsible for determining whether a subcontract qualifies for an exception from the requirement for submission of certified cost based on adequate price competition. This DFARS rule supplements the rule proposed under FAR Case 2017-006, Exception from Certified Cost or Pricing Data Requirements-Adequate Price Competition, which proposes to modify the standards for adequate price competition at FAR 15.403-1(c) for DoD, NASA, and the Coast Guard. Section 822 requires that for DoD, NASA, and the Coast Guard, adequate price competition requires a price that is based on adequate competition that results in at least two or more responsive and viable offers from independently competing offerors.

Proposed changes to parts/subparts/sections:  215.371-3, 215.408(3); 252.215-7008, and 252.215-7010.

The Federal Register notice for this rule is here.

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

Inapplicability of Certain Laws and Regulations to Commercial Items (DFARS Case 2017-D010)


Proposes to amend the DFARS to implement section 874 of the NDAA for FY 2017 that addresses the inapplicability of certain laws and regulations to the acquisition of commercial items, including commercially available off-the-shelf (COTS) items. Section 874 provides, in part, that-

      a.   No contract for the acquisition of a commercial item, subcontract under a contract for the procurement of a commercial item, or contract for the procurement of a COTS item shall be subject to any law properly listed in the FAR pursuant to 41 U.S.C. 1906 or 1907, respectively; and requires that the DFARS include lists of defense-unique provisions of law and contract clause requirements based on Governmentwide acquisition regulations, policies, or Executive orders not expressly authorized in law, that are inapplicable to (1) acquisition of a commercial item; (2) subcontracts for commercial items under a contract for the procurement of commercial items; or (3) contracts for the procurement of a COTS item.

      b.   Requires the Under Secretary of Defense for Acquisition, Technology, and Logistics (now A&S) to ensure that, to the maximum extent practicable: (1) the DFARS does not require the inclusion of contract clauses in contracts for commercial items, including COTS items, unless such clauses are required to implement provisions of law or Executive orders applicable to such contracts, or determined to be consistent with standard commercial practice; (2) the flowdown of contract clauses to subcontracts under contracts for the procurement of commercial items, including COTS items, is prohibited unless such flowdown is required to implement provisions of law or Executive orders applicable to such subcontracts; and (3) the term "subcontract" is defined to exclude agreements entered into by a contractor for the supply of commodities that are intended for use in the performance of multiple contracts with DoD and other parties, and are not identifiable to any particular contract.

Proposed changes to parts/subparts/sections:  212.001, 212.370, 212.371; 212.503(a), 212.504(a), 212.505, 212.570; 219.811-3; 252.204-7009,252.204-7012, 252.204-7014, 252.204-7015, 252.211-7003, 252.223-7008, 252.225-7009, 252.225-7039, 252.229-7014, 252.229-7015, 252.237-7010, 252.237-7019, 252.239-7010, 252.244-7000, 252.246-7003, 252.246-7007, 252.246-7008, 252.247-7003, 252.247-7023.

The Federal Register notice for this rule is here.

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

Use of Commercial or Non-Government Standards (DFARS Case 2017-D014)


Proposes to amend the DFARS to implement section 875(c) of NDAA for FY 2017. Section 875(c) requires DoD to revise the DFARS to encourage contractors to propose commercial or non-Government standards and industry-wide practices that meet the intent of military specifications and standards. The rule proposes to amend DFARS 211.107(b) to require the use of FAR provision 52.211-7, Alternatives to Government-unique Standards, in DoD solicitations and contracts that include military or Government-unique specifications and standards; and, in so doing, encourage and permit offerors to propose alternatives to Government-unique standards using an existing FAR provision.

Proposed changes to parts/subparts/sections:  211.107 and 211.201.

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 DFARS clause “Surge Option” (DFARS Case 2018-D025)


Proposes to amend the DFARS to revise a clause to reflect current terminology and industry practices, pursuant to action taken by the Regulatory Reform Task Force. This rule proposes to revise DFARS clause 252.217-7001, Surge Option, to replace the term "Production Surge Plan (DI-MGMT-80969)" with "Capabilities Analysis Plan (CAP)" and add text to permit the option increase of supplies or services called for under the clause to be expressed as a specific number. This clause is incorporated into contracts that support industrial planning for selected essential military items in the event of a national emergency. The revision of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."

Proposed changes to parts/subparts/sections:  217.208-70 and 252.217-7001.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20180530

On May 30, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Micro-Purchase Threshold (DFARS Case 2017-D027)


Amends the DFARS to implement sections 217(a) and 821 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 821 increases the micro-purchase threshold for DoD procurements to $5,000. Section 217(a) further increases the micro-purchase threshold to $10,000 for purposes of DoD basic research programs and for the activities of the DoD science and technology reinvention laboratories. The new DoD micro-purchase threshold definition is added to DFARS 202.101, to be used in lieu of the FAR definition and a conforming change is made to DFARS clause 252.232-7009.

Affected parts/subparts/sections:  202.101 and 252.232-7009.

The Federal Register notice for this rule is here.

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

Repeal of DFARS Provision "Alternate A, System for Award Management" (DFARS Case 2017-D044)


Amends the DFARS to remove DFARS provision 252.204-7004, Alternate A, System for Award Management (SAM), and the associated provision prescription at DFARS 204.1105, which provided definitions that were to be substituted for the definitions in paragraph (a) of the FAR provision 52.204-7, System for Award Management. The FAR provision now contains those definitions.

Affected parts/subparts/sections:  Table of Contents for part 204, 204.1105; Table of Contents for part 252, and 252.204-7004.

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 Provision "Alternative Line Item Structure" (DFARS Case 2017-D045)


Amends the DFARS to remove DFARS provision 252.204-7011, Alternative Line Item Structure, and the associated prescription at DFARS 204.7109(b). This DFARS provision is duplicative of the information provided in FAR provision 52.204-22, Alternative Line Item Proposal, which is included in all solicitations; therefore, the provision is removed from the DFARS.

Affected parts/subparts/sections:  Table of Contents for part 204 and 204.7109; 212.301(f)(ii); Table of Contents for part 252, and 252.204-7011.

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 "Right of First Refusal of Employment-Closure of Military Installations" (DFARS Case 2018-D002)


Amends the DFARS to remove DFARS clause 252.222-7001, Right of First Refusal of Employment-Closure of Military Installations, the associated clause prescription at DFARS 222.7102, the policy guidance at 222.7101, and a cross reference at 237.7401 to subpart 222.71. FAR clause 52.207-3, Right of First Refusal of Employment, already advises contractors that Government personnel who have been or will be adversely affected by award of the contract have the right of first refusal for jobs created under the contract for which they are qualified. The DFARS clause is considered to be redundant and is removed.

Affected parts/subparts/sections:  Table of Contents for part 222, subpart 222.71, 222.7101 and 222.7102; 237.7401; Table of Contents for part 252, and 252.222-7001.

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 Provision "Representation Regarding Combating Trafficking in Persons" (DFARS Case 2018-D003)


Amends the DFARS to remove the DFARS provision 252.222-7007, Representation Regarding Combatting Trafficking in Persons, the associated provision prescription at DFARS 222.1771, and cross references to the provision at 204.1202 and 212.301. FAR clause 52.222-50, Combating Trafficking in Persons, already provides comprehensive guidance to contractors to ensure their compliance with the Government's laws and policies on trafficking in persons when performing under a Federal contract. The DFARS clause is considered to be redundant and is removed.

Affected parts/subparts/sections:  204.1202; 212.301(f)(viii); Table of Contents for part 222, 222.1771; Table of Contents for part 252, and 252.222-7007.

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 Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006) EFFECTIVE: October 1, 2018


Amends the DFARS to implement section 813(a) of the NDAA for FY 2018 (Pub. L. 115-91), which amends 10 U.S.C. 2534(c) to establish a sunset date of October 1, 2018, for the limitation on procurement of chemical weapons antidote contained in automatic injectors (and components for such injectors) at 10 U.S.C. 2534(a)(2) and (b)(2). This rule deletes DFARS 225.7005 in its entirety to remove the limitation as implemented in the DFARS, and is effective October 1, 2018.

Affected parts/subparts/sections:  Table of Contents for part 225, 225.7005, 225.7005-1, 225.7005-2, and 225.7005-3.

The Federal Register notice for this rule is here.

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

Delegation of Special Emergency Procurement Authority (DFARS Case 2018-D024)


This final rule delegates to the head of the contracting activity special procurement authorities specified in the FAR and makes conforming changes to nonstatutory emergency acquisition flexibilities relating to item-unique identification, receipt of only one offer, and limitations on time-and-materials. Sections 816 and 164 of the NDAA for FY 2018 add new special emergency procurement authorities to include acquisitions, as determined by the head of the agency, that facilitate defense against or recovery from cyber attack; facilitate the provision of international disaster assistance; or support response to an emergency or major disaster. Sections 816 and 1641 are being implemented in the FAR under FAR Case 2018-009.

Affected parts/subparts/sections:  211.274-2; 215.371-4; 216.601; Table of Contents part 218, 218.201, 218.202, 218.204, 218.270, 218.271, 218.272; and 225.374
PGI: 213.201 and 218.271.

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.

Modification of DFARS clause, "Riding Gang Member Requirements" (DFARS Case 2018-D026)


Amends the DFARS to revise clause 252.247-7027 to clarify that the agency that conducts background checks for contractors who perform work on U.S.-flag vessels under DoD contracts for ocean transportation services is the authority for deeming an individual unsuitable, not the Military Sealift Command Force Protection.

Affected parts/subparts/sections:  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.

PROPOSED RULE:


Contract Closeout Authority (DFARS Case 2018-D012)


Proposes to amend the DFARS to implement section 836 of the NDAA for FY 2017, as modified by section 824 of the NDAA for FY 2018, which authorize expedited closeout of certain contracts entered into on a date that is at least 17 fiscal years before the current fiscal year, that have no further supplies or services due, and for which a determination has been made that the contract records are not otherwise reconcilable.

Proposed changes to parts/subparts/sections:  204.804.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20180504

On May 4, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Promoting Voluntary Post-Award Disclosure of Defective Pricing (DFARS Case 2015-D030)


Amends the DFARS to state that, in the interest of promoting voluntary contractor disclosures of defective pricing identified by the contractor after contract award, DoD contracting officers have discretion to request a limited-scope or full-scope audit, as appropriate for the circumstances.

Affected parts/subparts/sections:  Table of Contents for part 215 and 215.407-1.

The Federal Register notice for this rule is here.

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

Amendments Related to Sources of Electronic Parts (DFARS Case 2016-D013)


Amends the DFARS to implement section 885(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 that makes contractors and subcontractors subject to approval (as well as review and audit) by appropriate DoD officials when identifying a contractor-approved supplier of electronic parts.

Affected parts/subparts/sections:  212.301; 246.870-0, 246.870-2; and 252.246-7008.

The Federal Register notice for this rule is here.

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

Statement of Purpose for Department of Defense Acquisition (DFARS Case 2018-D005)


Amends the DFARS to implement section 801 of the NDAA for FY 2018 to revise the DFARS to include a statement of purpose for DoD acquisition.

Affected parts/subparts/sections:  Table of Contents for part 201 and 201.101.

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:


Mentor-Protege Program Modifications (DFARS Case 2017-D016)


Proposes to amend the DFARS to implement sections 1823 and paragraph (b) of section 1813 of the NDAA for FY 2017. Sections 1823 and 1813 provide modifications to the DoD Pilot Mentor-Protégé Program.

Affected parts/subparts/sections:  219.7100; Appendix I-101, I-102, I-106, and I-107.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 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.