Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20181031

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

Small entity compliance guide:


FINAL RULES:


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


Amends the Defense Federal Acquisition Regulation (DFARS) to implement section 1823 and paragraph (b) of section 1813 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328). Sections 1823 and 1813 provide modifications to the DoD Pilot Mentor-Protégé Program. Section 1823 revises the definition and requirements associated with affiliation between mentor firms and their protégé firms. Both sections add new types of assistance for mentor firms to provide to their protégé firms. One respondent submitted a comment on the proposed rule; no changes were made in the final rule as a result of the comment received.

Affected parts/subparts/sections:  219.7100; I-101.1 through I-101.7, I-102, I-106, I-107, and I-111.

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 "Acquisition Streamlining" (DFARS Case 2018-D033)


Amends the DFARS to remove DFARS clause 252.211-7000, Acquisition Streamlining, and the associated clause prescription at DFARS 211.002-70. This clause was added to the DFARS to implement a requirement of DoD Directive 5000.43, Acquisition Streamlining, which has been cancelled and replaced by DoD Instruction 5000.02, Operation of the Defense Acquisition System. In addition, the Federal Acquisition Regulation (FAR) already requires acquisition streamlining and industry engagement as part of acquisition planning; therefore, this clause is no longer necessary. The repeal of this DFARS clause supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  Table of Contents for part 211, 211.002-70; Table of Contents for part 252, and 252.211-7000.

The Federal Register notice for this rule is here.

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

Repeal of DFARS Provision "Bonds or Other Security" (DFARS Case 2018-D036)


Amends the DFARS to remove DFARS provision 252.228-7004, Bonds or Other Security, and the associated clause prescription at DFARS 228.170. FAR clause 52.228-16, Performance and Payment Bonds-Other than Construction, and FAR provision 52.228-1, Bid Guarantee, provide the information contained in the DFARS provision; therefore, this provision is duplicative and no longer necessary. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  Table of contents for part 228, 228.170; Table of Contents for part 252, and 252.228-7004.

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 Clause "Option for Supervision and Inspection Services" (DFARS Case 2018-D041)


Amends the DFARS to remove the DFARS clause 252.236-7009, Option for Supervision and Inspection Services, remove the associated clause prescription at DFARS 236.609-70(a)(1), and revise a cross reference in the introductory text to DFARS clause 252.236-7011. The clause is used in fixed-price solicitations and contracts for architect-engineering services when the architect may also be required to provide supervision and inspection services during construction; however, the need for architect-engineers to perform these services during construction is uncommon and, if necessary, should be included in the contract as an option that accurately describes the scope of services. As such, this DFARS clause is unnecessary and can be removed. The repeal of this DFARS provision supports a recommendation from the DoD Regulatory Reform Task Force established pursuant to E.O. 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  Table of Contents for part 236, 236.609-70; Table of Contents for part 252, 252.236-7009, and 252.236-7011.

The Federal Register notice for this rule is here.

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

Update of Clause on Section 8(a) Direct Award (DFARS Case 2018-D052)


Amends the DFARS to remove an obsolete requirement from the clause at DFARS 252.219-7009, Section 8(a) Direct Award. The clause currently requires 8(a) contractors to obtain written approval from the Small Business Administration and the contracting officer prior to subcontracting the performance of any contract requirements. This requirement no longer exists in SBA's regulations on the 8(a) Business Development Program at 13 CFR part 124. As such, this requirement can be removed. The total estimated annualized value of the cost savings for 8(a) firms and the Government is $832,590.

Affected parts/subparts/sections:  252.219-7009.

The Federal Register notice for this rule is here.

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

PROPOSED RULES:


Brand Name or Equal (DFARS Case 2017-D040)


Proposes to amend the DFARS to implement section 888(a) of the NDAA for FY 2017 (Pub. L. 114-328). Section 888(a) requires that competition on DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f). The objective of this proposed rule is to ensure that contracting officers execute a justification under the authority of FAR 6.302-1 when including brand name or equal descriptions, or proprietary specifications or standards, in a solicitation.

Proposed changes to parts/subparts/sections:  206.302.1; 211.104, 211.170; and 213.501.

The Federal Register notice for this rule is here.

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

Amendments Related to General Solicitations (DFARS Case 2018-D021)


Proposes to amend the DFARS to implement sections 221 and 861 of the NDAA for FY 2018 (Pub. L. 115-91). Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded application of other competitive procedures by replacing the words "basic research" with "science and technology." Section 861 amends 10 U.S.C. 2302e to allow for an extended term limit and increased dollar threshold under the contract authority for advanced development of initial or additional prototype units awarded from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The statutory term limit extends from 12 months to 2 years and dollar threshold increases from $20 million to $100 million. Section 861 also amends 10 U.S.C. 2302e to make the authority permanent.

Proposed changes to parts/subparts/sections:  Table of Contents for new subpart 206.1, 206.102; 215.371-4; 234.005-1; Table of Contents for part 235, 235.006-71, and 235.016.

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 Administrative changes:


1.   Updates DFARS PGI 202.101(2) to add to the list of DoD contracting activities, the Department of the Army, Rapid Capabilities Office.

2.   Redesignates DFARS PGI 207.105(b)(13) as PGI 207.105(b)(14) to align with higher-level regulations.

3.   Redesignates PGI 207.105(b)(16) as PGI 207.105(b)(17) to align with higher-level regulations; and in the newly redesignated PGI 207.105(b)(17), updates paragraph (ii) to reference DoDI 4715.23, Integrated Recycling and Solid Waste Management, in lieu of DoDI 4715.4, Pollution Prevention. DoDI 4715.23, which was issued on October 24, 2016, cancelled DoDI 4715.4.

DFARS ADMINISTRATIVE CHANGES TO TABLES OF CONTENTS (TOC):


1.   Removes DFARS 204.1104, Solicitation Provision and Contract Clauses, from the DFARS part 204 TOC.

2.   Updates the title of DFARS subpart 213.5 in the DFARS TOC to read “Simplified Procedures for Certain Commercial Items.”

3.   Removes DFARS subpart 223.7, Contracting for Environmentally Preferable Products and Services, from the DFARS TOC, as there is no DFARS content.

4.   Updates the title of DFARS 225.7902 in the online DFARS part 225 TOC to read “Defense Trade Cooperation Treaty.”

5.   Adds DFARS subpart 237.77, Competition for Religious-Related Services, to the DFARS TOC.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20181001

On October 1, 2018, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Repeal of Restrictions on Chemical Weapons Antidote (DFARS Case 2018-D006)


On May 30, 2018, DoD published a final rule in the Federal Register (83 FR 24890) to amend the DFARS to implement section 813(a) of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91), which amended 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). The final rule deleted DFARS 225.7005 in its entirety to remove the limitation as implemented in the DFARS. This notice is to provide the DFARS replacement pages associated with the final rule, which are 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.