Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20191127


On November 27, 2019, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Use of Fixed-Price Contracts (DFARS Case 2017-D024)


Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections 829 and 830 of the National Defense Authorization Act (NDAA) for (FY) 2017 (Pub. L. 114-328). Section 829 requires contracting officers to first consider fixed-price contracts when determining contract type and to obtain approval from the head of the contracting activity for certain cost-reimbursement contracts. Section 830 requires contracting officers to use firm-fixed-price contracts for foreign military sales, unless a specific exception or waiver applies.

Affected parts/subparts/sections:  202.101; 216.102; 216.104-70, 216.301-3, 216.401; 217.202; Table of Contents Part 225, 225.7301-1, 225.7301-2; 234.004; and 235.006.  PGI 216.401.

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.

Management of Should-Cost Review Process (DFARS Case 2018-D015)


Amends the DFARS to implement section 837 of the NDAA for FY 2018 (Pub. L. 115-91). Section 837 requires an amendment to the DFARS to provide for the appropriate use of the should-cost review process of a major weapon system in a manner that is transparent, objective, and provides for the efficiency of the systems acquisition process in the Department of Defense.

Affected parts/subparts/sections:  215.407-4, 215.408; Table of Contents 252 and 252.215-7015.

The Federal Register notice for this rule is here.

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

Modification of DFARS Clause "Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles" (DFARS Case 2018-D047)


Amends the DFARS to require that DFARS clause 252.228-7005, Accident Reporting and Investigation Involving Aircraft, Missiles, and Space Launch Vehicles, be included in all solicitations and contracts, when applicable. The rule also updates the clause title to remove “Accident” and replaces it with “Mishap” and updates the clause text to use the word “shall” to indicate a mandatory requirement or action. Modification of this DFARS clause implements a recommendation to from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  228.370; Table of Contents 252, and 252.228-7005.

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 Temporary Statutory Authorities (DFARS Case 2019-D040)


Amends the DFARS to remove obsolete language that implemented statutes repealed by section 812 of the NDAA for FY 2019 (Pub. L. 115-232). Section 812 repealed sections 842(b) of the NDAA for FY 2007 (Pub. L. 109-364) and 1010 of the USA Patriot Act of 2001 (Pub. L. 107-56), which were obsolete and expired.

Affected parts/subparts/sections:  Table of Contents Part 225, 225.7003; and 237.102-70.  PGI 237.102-70.

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 made by this rule is here.

PROPOSED RULES:


Treatment of Certain Items as Commercial Items (DFARS Case 2019-D029)


Proposes to amend the DFARS to implement sections 877 and 878 of the NDAA for FY 2017 (Pub. L. 114-328) and further implement section 848 of the NDAA for FY 2018 (Pub. L. 115-91) regarding the treatment of certain items as commercial items. Section 877 added 10 U.S.C. 2380B to require the treatment of certain items purchased by the contractor for use in multiple contracts be treated as commercial. Section 878 added 10 U.S.C. 2380a to require the treatment of services provided by a business unit that is a nontraditional defense contractor as commercial services, to the extent that such services use the same pool of employees as used for commercial customers and are priced using a similar methodology.

Proposed changes to parts/subparts/sections:  212.102, 212.7001; 244.402; 252.244-7000.  PGI 212.102.

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 proposed DFARS PGI changes made by this rule is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20191112


On November 12, 2019, DoD published the following notice:

Small entity compliance guide:


ADVANCE NOTICE OF PROPOSED RULEMAKING:


Negotiation of Price for Technical Data and Preference for Specially Negotiated Licenses (DFARS Case 2018-D071)


DoD is seeking feedback from industry that will assist in the development of revisions to the DFARS to implement section 835 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91) and section 867 of the NDAA for FY 2019 (Pub. L. 115-232). These statutory provisions apply only to DoD and provide for: (1) the negotiation of a price for technical data to be delivered under contracts for the engineering and manufacturing development, production, or sustainment of, a major weapon system; and (2) a preference for specially negotiated licenses for customized technical data to support the product support strategy of a major weapon system or subsystem thereof. This notice provides a strawman of proposed DFARS changes.

Proposed changes to parts/subparts/sections:  207.106; 212.211, 212.212; 215.470; 227.1702, 227.1702-1, 227.1702-2, 227.7103-1, 227.7103-2, 227.7103-4, 227.7103-5, 227.7104, 227.7202-1, 227.7202-3, 227.7203-1, 227.7203-2, 227.7203-5; 252.227-7013, 252.227-7014, 252.227-7015, 252.227-7018.

The Federal Register notice for this rule is here.

A Microsoft Word format strawman of DFARS changes is here.

A Microsoft Word format strawman of DFARS PGI changes is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20191031


On October 31, 2019, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Modification of DFARS Clause “Obligation of the Government” (DFARS Case 2018-D046)


Amends the Defense Federal Acquisition Regulation Supplement (DFARS) to streamline certain contract clauses associated with the acquisition of telecommunication services. Specifically the rule: (1) modifies and renames DFARS clause 252.239-7013, Obligation of the Government; (2) incorporates the information included in DFARS clause 252.239-7014, Term of Agreement; (3) creates an alternate for DFARS clause 252.239-7013 that is used in certain circumstances, in lieu of the basic clause, and includes the information in DFARS clauses 252.239-7013, -7014, and -7015; and, (4) amends the clause text to align with the termination notification requirement in the FAR. Combining these clauses will result in DFARS clauses 252.239-7014 and 252.239-7015 being removed from the DFARS. Modification of these DFARS clauses implements a recommendation to from the DoD Regulatory Reform Task Force established pursuant to Executive Order (E.O.) 13777, "Enforcing the Regulatory Reform Agenda."

Affected parts/subparts/sections:  239.7411; Table of Contents Part 252, 252.239-7013, 252.239-7014, and 252.239-7015.

The Federal Register notice for this rule is here.

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

Reliability and Maintainability in Weapon System Design (DFARS Case 2019-D003)


Amends the DFARS to implement section 834 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. Section 834 amends title 10, United States Code (U.S.C.), to add section 2443, Sustainment factors in weapon system design, which requires program managers, or comparable requiring activity officials exercising program management responsibilities, to ensure that reliability and maintainability are included in the performance attributes of the key performance parameters on sustainment during the development of capabilities requirements for major weapon systems design. The requirements of 10 U.S.C. 2443 apply specifically to the engineering and manufacturing development of a weapon system, including embedded software; and production of a weapon system, including embedded software. As a matter policy, the Under Secretary of Defense for Acquisition and Sustainment directed application of the requirements of 10 U.S.C. 2443 to the technical maturation risk reduction phase.

Affected parts/subparts/sections:  207.106(S-70), 207.106(S-72); 215.304; 216.402-2; and 234.004. PGI 207.105 and 216.402(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.

Nonmanufacturer Rule for 8(a) Participants (DFARS Case 2019-D004)


Amends the DFARS to implement regulatory changes made by the Small Business Administration (SBA) in its final rule published in the Federal Register at 81 FR 34243 on May 31, 2016. SBA's final rule implemented section 1651 of the NDAA for FY 2013 (Pub. L. 112-239, 15 U.S.C. 657s). Section 1651 revised and standardized the limitations on subcontracting and the nonmanufacturer rule that apply to small business concerns, including 8(a) Program participants, under procurements conducted pursuant to Federal Acquisition Regulation (FAR) part 19, Small Business Programs.

Affected parts/subparts/sections:  212.301; 219.811-3; Table of Contents Part 252, and 252.219-7010.

The Federal Register notice for this rule is here.

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

Modification of DFARS Clause “Protection Against Compromising Emanations” (DFARS Case 2019-D015)


Amends the DFARS to update DFARS clause 252.239-7000, Protection Against Compromising Emanations, to provide a revised reference within the clause to the current TEMPEST standard. Modification of this clause implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.

Affected parts/subparts/sections:  239.7102-2 and 252.239-7000.

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 Related to Disclosure of Information for Litigation Support (DFARS Case 2019-D021)


Amends the DFARS to remove DFARS provision 252.204-7013, Limitations on the Use or Disclosure of Information by Litigation Support Contractors, its associated prescription at 204.7403, and related text at 209.505-4(b)(ii) and 212.301. Removal of this clause implements a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.

Affected parts/subparts/sections:  204.7403; 209.505-4; 212.301; Table of Contents Part 252, 252.204-7013; 252.204-7014, and 252.204-7015.

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:


Modification of DFARS Clause, “Payment for Subline Items Not Separately Priced” (DFARS Case 2018-D050)


Proposes to amend the DFARS to modify the clause at DFARS 252.204-7002, Payment for Subline Items Not Separately Priced, to simplify the clause text and conform terminology used in the text to current Government contract line item structure terminology. This update will clarify the intent of the clause, as it pertains to payment on contracts that contain not separately priced items, when applicable. The proposed changes to the clause implement a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.

Proposed changes to parts/subparts/sections:  204.7104-1, 204.7109; 252.204-7002, and 252.204-7006.

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, “Advanced Payment Pool” (DFARS Case 2019-D013)


Proposes to amend the DFARS to modify the clause at DFARS 252.232-7000, Advance Payment Pool, to incorporate the information currently included in DFARS clause 252.232-7001, Disposition of Payments, and make minor changes to simplify the clause text. Combining these clauses will result in 252.232-7001 being removed from the DFARS. The proposed changes to these clauses implement a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.

Proposed changes to parts/subparts/sections:  232.412-70; 252.232-7000, 252.232-7001, and 252.232-7005.

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, “Notification of Anticipated Contract Termination or Reduction” (DFARS Case 2019-D019)


Proposes to amend the DFARS to add pertinent dollar thresholds of 10 U.S.C. 2501 note to DFARS subpart 249.70; modify DFARS clause 252.249-7002, Notification of Anticipated Contract Termination or Reduction, to reflect the current statute associated with 10 U.S.C. 2501 note; and update the DFARS threshold citations in the clause. The proposed changes to these clauses implement a recommendation from the DoD Regulatory Reform Task Force pursuant to E.O. 13777.

Proposed changes to parts/subparts/sections:  249.7003, 249.7004; and 252.249-7002.

The Federal Register notice for this rule is here.

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

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20191001


On October 1, 2019, DoD made the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Restrictions on Use of Lowest Price Technically Acceptable Source Selection Process (DFARS Case 2018-D010)


On September 26, 2019, DoD published a final rule in the Federal Register (84 FR 50785) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement statutory limitations and prohibitions on use of the lowest price technically acceptable source selection process, which are effective October 1, 2019.

Affected parts/subparts/sections:  DFARS Table of Contents; 208.405; Table of Contents for part 12, 212.2, 212.203; 213.106-1; Table of Contents for part 215, 215.101-2, 215.101-2-70; 216.505; Table of Contents for part 217, 217.78, 217.7801; Table of contents for part 234, 234.005-2; 237.270.  PGI 215.101-2-70.

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.