Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20200114


On January 14, 2020, DoD made the following changes to the DFARS:

Small entity compliance guide:


ADVANCE NOTICE OF PROPOSED RULEMAKING:


Noncommercial Computer Software (DFARS Case 2018-D018)


DoD is seeking feedback from industry that will assist in the development of a revision to the DFARS to implement 10 U.S.C. 2322a, which was added by section 871 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 10 U.S.C. 2322a requires that, as part of any negotiation for an acquisition of noncommercial computer software, the Secretary of Defense consider to the maximum extent practicable during the appropriate time in the life cycle, all the noncommercial and related materials necessary to meet the needs of the agency. As a result, any noncommercial computer software or related materials identified should be acquired to the extent appropriate. A public meeting to discuss this ANPR is being held at the Pentagon on February 18, 2020.

Affected parts/subparts/sections:  DFARS Table of Contents; Table of Contents for part 227, 227.001, 227.71, 227.7200, 227.7202-1, 227.7203-2; 239.101; 252.227-7013, 252.227-7015, 225.227-7018.

The Federal Register notice for this rule is here.

A Microsoft Word format strawman of DFARS changes is here.

DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20191231


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

Small entity compliance guide:


FINAL RULES:


Contractor Purchasing System Review Threshold (DFARS Case 2017-D038)


DoD is amending the DFARS to raise the contractor purchasing system review (CPSR) dollar threshold at Federal Acquisition Regulation (FAR) 44.302(a) from $25 million to $50 million. The dollar threshold of $25 million cited at FAR 44.302(a) has been unchanged since 1996. Adjusting the threshold upward to $50 million would appropriately account for inflation, reduce burden on small contractors, and allow a more efficient and effective use of CSPR resources to review larger contractors where more taxpayer dollars are at risk.

Affected parts/subparts/sections:  Table of Contents Part 244; 244.302.

The Federal Register notice for this rule is here.

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

Restrictions on Acquisition of Certain Magnets and Tungsten (DFARS Case 2018-D054)


DoD is adopting as final, with changes, an interim rule that revised the DFARS to implement section 871 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 871 prohibits acquisition of samarium-cobalt magnets, neodymium-iron-boron magnets, tungsten metal powder, and tungsten heavy alloy or any finished or semi-finished component containing tungsten heavy allow alloy from North Korea, China, Russia, and Iran. Changes are made in the final rule to add definitions, provide a description of the production of tungsten, clarify procedures related to the treatment of samarium-cobalt magnets, and lower the approval level for individual nonavailability determinations to the head of the contracting activity.

Affected parts/subparts/sections:  212.301; 225.7001, 225.7003-1, 225.7003-3, 225.7018-1, 225.7018-2, 225.7018-3, 225.7018-4; 252.225-7009, 252.225-7052.  PGI 225.7002-2, 225.7003-3, 225.7018-3.

The Federal Register notice for this rule is here.

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

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

Demonstration Project for Contractors Employing Persons with Disabilities (DFARS Case 2018-D058)


DoD is amending the DFARS to implement section 888 of the NDAA for FY 2019 (Pub. L. 115-232). Section 888 requires that the DFARS be updated to include an instruction on the demonstration project authorized by section 853 of the NDAA for FY 2004 (Pub. L. 108-136, 10 U.S.C. 2302 note), as amended, intended to provide defense contracting opportunities for entities employing individuals who are severely disabled. Changes are made in the final rule to clarify procedures for use of the Demonstration Project, eligibility for small disadvantaged business subcontracting goals, and applicability to commercial items.

Affected parts/subparts/sections:  DFARS Table of Contents; 204.1202; 212.301; 215.304; 219.708; Table of Contents Part 226, 226.72, 226.7200, 226.7201, 226.7202, 226.7203; Table of Contents Part 252, 252.204-7007, 252.219-7003, 252.226-7002.

The Federal Register notice for this rule is here.

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

Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019-D008)


DoD is amending the DFARS to implement section 1811 of the NDAA for FY 2017 (Pub. L. 114-328) and the Small Business Administration (SBA) final rule, published in the Federal Register on November 29, 2019, at 84 FR 65647. Section 1811 limits the scope of SBA procurement center representative reviews of certain types of DoD solicitations, unless DoD requests a review. The SBA rule states that, unless the contracting agency requests a review, procurement center representatives will not review procurements covered by the statute.

Affected parts/subparts/sections:  DFAR Part 219 Table of Contents, 219.402, 219.502-1.

The Federal Register notice for this rule is here.

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

Trade Agreement Thresholds (DFARS Case 2019-D035)


DoD is amending the DFARS to adjusts thresholds for application of the World Trade Organization Government Procurement Agreement and Free Trade Agreements, as determined by the United States Trade Representative (USTR). The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements. The USTR announced the new thresholds on December 27, 2019, which become effective January 1, 2020.

Affected parts/subparts/sections:  225.1101, 225.7017-3, 225.7503; 252.225-7017, 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.

INTERIM RULE:


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


DoD is issuing an interim rule amending the DFARS to implement section 1656 of the NDAA for FY 2018 (Pub. L. 115-91). Section 1656 provides 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.

Affected parts/subparts/sections:  DFARS Table of Contents; 204.1202; 204.21, 204.2100, 204.2101, 204.2102, 204.2103, 204.2104, 204.2105; 212.301; 213.201; Table of Contents Part 252, 252.204-7007, 252.204-7016, 252.204-7017, 252.204-7018.

The Federal Register notice for this rule is here.

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

PGI Changes:


Excessive Pass-Through Contracts (PGI Case 2019-P009)


Provides additional guidance to the contracting officer with regard to analysis of excessive pass-through charges and determination of best approach. Case requested by GAO to close out GAO 2015-200, Federal Subcontracting: Further Actions Needed to Improve Oversight of Pass-through Contracts, pursuant to section 802 of the NDAA for Fiscal Year 2013.

Affected parts/subparts/sections:  PGI 215.404-1.

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

Guidance on Reporting Procurement Acquisition Lead Time Milestones in the Procurement Integrated Enterprise Environment (PGI Case 2019-P010)


Implements DoD policy on the reporting procurement acquisition lead time milestones in the Procurement Integrated Enterprise Environment.

Affected parts/subparts/sections:  PGI 204.70, 204.7001.

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

Contract Reporting Instructions for FPDS Updates (PGI Case 2019-P011)


Updates PGI at 204.6 for changes in the reporting requirements for certain data fields in FPDS.

Affected parts/subparts/sections:  PGI 204.602, 204.606.

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

Technical Amendments:


This final rule amends the DFARS as follows:

1.  DFARS section 204.7001 is amended to add a notice to contracting officers to see DFARS Procedures, Guidance, and Information (PGI) 204.7001 for procedures on entering procurement acquisition lead time milestones into the Procurement Integrated Enterprise Environment module.

2.  DFARS section 215.404-1 is amended to add a notice to contracting officers to see DFAS PGI 215.404-1(h) for guidance on reviewing and justifying pass-through contracts.

3.  Internet hyperlinks are updated in DFARS clauses 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting; 252.211-7006, Passive Radio Frequency Identification; and 252.235-7011, Final Scientific or Technical Report.

Affected parts/subparts/sections:  DFARS Table of Contents; Table of Contents Part 204, 204.7001; 215.404-1; 252.204-7012; 252.211-7006; 252.235-7011.

The Federal Register notice for this rule is here.

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

PGI Administrative Changes:


The following administrative changes are made to DFARS PGI:

1.  Internet hyperlinks are updated at 201.602-2 and 237.102-77.

2.  References are updated at 225.7703-2 for the Determination and Findings formats for using the authority to acquire products or services from Afghanistan.

3.  Typographical errors are corrected.

Affected parts/subparts/sections:  201.602-2; 211.7001; 225.7703-2; 237.102-77.

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

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.