Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20211230


On December 30, 2021, DoD published the following changes to the DFARS in the Federal Register that are effective January 1, 2022; these changes will be posted to the DFARS PGI webpage on January 3, 2022:

Small entity compliance guide:


FINAL RULE:


EFFECTIVE DATE OF RULE:  January 1, 2022


Trade Agreements Thresholds (DFARS Case 2022-D003)


DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative (USTR). The USTR specified the new thresholds in the Federal Register on November 26, 2021 (86 FR 67579) with an effective date of January 1, 2022. The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements to account for changes in economic conditions, thus maintaining the status quo. This final rule does not have a significant effect beyond the internal operating procedures of the Government and does not have a significant cost or administrative impact on contractors or offerors. Therefore, the rule is not required to be published for public comment under 41 U.S.C. 1707.

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20211130


On November 30, 2021, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULE:


Peer Reviews of Contracts for Supplies and Services (DFARS Case 2019-D037)


DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to revise the policies for the conduct of peer reviews by the Office of the Principal Director, Defense Pricing and Contracting (DPC). The rule removes the requirement for DPC‐led, preaward peer reviews of competitive procurements valued at $1 billion or more unless the Under Secretary of Defense for Acquisition and Sustainment (USD(A&S)) is the milestone decision authority or requires a peer review of a procurement regardless of dollar value. The threshold for DPC‐led preaward peer reviews of noncompetitive procurements is increased from $500 million to $1 billion. USD(A&S) may require a peer review for any other contract action regardless of dollar value. DoD components may request a DPC‐led peer review of procurements that are valued below these thresholds. The rule also clarifies the types of contract actions for which peer reviews are required. This rule was not required to be published for public comment, because the rule concerns DoD’s internal review processes and does not have a significant cost or administrative impact on contractors or offerors.

Affected parts/subparts/sections:  201.170; TOC 237 and 237.102-76. PGI 201.170, 201.170-1, 201.170-2, 201.170-3 (removed), 201.170-4; and 237.102-76.

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 RULE:


Ground and Flight Risk (DFARS Case 2020-D027)


DoD is proposing to amend the DFARS to revise the requirements related to the assumption of risk associated with aircraft under DoD contracts. The requirements currently in the DFARS are outdated and in need of revision to clarify applicability due to changes in aircraft contract situations and the emergence of contracts for small, unmanned aircraft. This rule proposes to increase the contractor’s share of loss from $100,000 to $200,000, while adding, for the purpose of calculating the contractor’s share of loss, reasonable alternatives that take into account the low cost of aircraft such as drones.

Proposed changes to parts/subparts/sections:  TOC 228, 228.370, 228.370-1, 228.370-2, 228.371; 242.302; TOC 252; 252.228-7000, 252.228-7001, 252.228-7003, 252.228-7005, 252.228-7006, and 252.228-70XX. PGI 228.370, 228.370-2; and 242.302.

The Federal Register notice for this rule is here.

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

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

DFARS PGI CHANGES:


Guidance on Criteria for the Use of Lowest Price Technically Acceptable Source Selection Process


Provides guidance for contracting officers on use of the lowest-price technically-acceptable source selection process when goods to be procured are expendable in nature and on determining life-cycle costs for supplies and services.

Affected parts/subparts/sections:  PGI 215.101-2-70.

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20211105


On November 5, 2021, DoD published the following change to the DFARS PGI:

DFARS PGI ADMINISTRATIVE CHANGE:


PGI 247.5 is revised to provide an up-to-date email address for contracting officers to use to request confirmation of nonavailabilty of U.S.-flag vessels for voyage and time charters.

Affected part/subpart/section:  PGI 247.573(b)(1)(ii)(A)(1).

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20211029


On October 29, 2021, DoD published the following changes to the DFARS:

PROPOSED RULES:


Contract Authority for Development and Demonstration of Prototypes (DFARS Case 2021-D025)


DoD is proposing to amend the DFARS to implement paragraph (a)(2) of section 831 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021. Section 831(a)(2) amends 10 U.S.C. 2302e(a) to revise the type of contract line items or options that may be included, without additional competition, in contracts initially awarded from the competitive selection of a proposal resulting from a broad agency announcement. These contract line items or contract options: (1) must be for the development and demonstration or initial production of technology developed under the contract or for the delivery of initial or additional items created as a result of the work performed under the contract; and (2) are subject to the quantity, term, and dollar value limitations expressed at 10 U.S.C. 2302e(b). This proposed rule helps streamline the process for moving technologies developed under these contracts from science and technology into production.

Proposed changes to parts/subparts/sections:  217.202; 234.005-1; and 235.006-71.

The Federal Register notice for this rule is here.

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

Requirement for Firms Used to Support Department of Defense Audits (DFARS Case 2019-D010)


DoD is proposing to amend the DFARS to implement section 1006 of the NDAA for FY 2019, as amended by section 1011 of the NDAA for FY 2020, which requires accounting firms that provide financial statement auditing to DoD in support of the audit under 31 U.S.C. 3521 or audit remediation services in support of the Financial Improvement and Audit Remediation Plan described in 10 U.S.C. 240b to provide to DoD a statement setting forth the details of any disciplinary proceedings with respect to the accounting firm or its associated persons before any entity with the authority to enforce compliance with rules or laws applying to audit services offered by the accounting firm. DoD, as a matter of policy, is extending this requirement to firms other than accounting firms that provide such services in order to ensure a level playing field in competitions for such services.

Proposed changes to parts/subparts/sections:  212.301; 237.270; 252.237-7000, 252.237-7001, 252.237-70XX and 252.237-70YY.

The Federal Register notice for this rule is here.

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

DFARS PGI CHANGES:


Documentation Related to Commercial Item Determinations (PGI Case 2021-P004)


Provides updated guidance for contracting officers on making and documenting a commercial item determination or a decision that the item is not commercial and on use of the DoD commercial item database.

Affected parts/subparts/sections:  PGI 212.102.

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

DFARS TECHNICAL AMENDMENT:


DoD is making technical amendments to the DFARS to provide needed editorial changes. The updates are primarily to align DFARS headings and numbering with FAR changes that have occurred over time and to make corrections in the electronic Code of Federal Regulations.

Affected parts:  203; TOC 205, 205; TOC 207, 207; TOC 209, 209; TOC 211, 211; TOC 212, 212; TOC 215, 215; TOC 216, 216; TOC 217, 217; TOC 218, 218; TOC 222, 222; TOC 223, 223; TOC 225, 225; TOC 228, 228; TOC 231, 231; TOC 232, 232; TOC 233, 233; 239; TOC 242, 242; TOC 245, 245; TOC 246, 246; TOC 251, 251; 252; and DFARS TOC.

The Federal Register notice for this rule is here.

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

DFARS ADMINISTRATIVE CHANGES:


DoD is making administrative changes to the DFARS to provide needed editorial changes. The updates are primarily to align DFARS tables of contents with DFARS content changes that have occurred over time.

Editorial updates are made to tables of contents for parts/subparts/sections:  204.12, 204.21, 204.70, 204.71, 204.74, 204.75; 208.002; 211.1; 211.5; 213.1; 215.4; 216.1; 218.2; 219.2; 219.303 (removed); 219.5; 219.7; 225.70; 225.79; 252.1; 252.2; and DFARS TOC.

A Microsoft Word format document showing the DFARS administrative changes to the DFARS Table of Contents is here.

A Microsoft Word format document showing the DFARS administrative changes to the Tables of Contents for individual parts and subparts is here.