Publication Notices


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20220623


On June 23, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULE:


Maximizing the Use of American-Made Goods, Products, and Materials (DFARS Case 2019-D045)


DoD is issuing a final rule amending the DFARS to implement Executive Order 13881, Maximizing Use of American-made Goods, Products, and Materials, which calls for more aggressive implementation of the Buy American statute (41 U.S.C. chapter 83) to maximize the Government’s procurement of American-made goods, products, and materials. The Buy American statute requires the purchase of domestic products (both end products and construction materials), except when the domestic product is not available, the domestic product is only available at an unreasonable cost, or it would not be in the public interest to buy the domestic product.

Affected parts/subparts/sections:  225.003, 225.101, 225.5; 252.225-7001, 252.225-7036, 252.225-7044, and 252.225-7045.

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:


Prohibition on Award to Contractors That Require Certain Nondisclosure Agreements (DFARS Case 2021-D018)


DoD is proposing to amend the DFARS to implement section 883 of the National Defense Authorization Act for Fiscal Year 2021. Section 883 prohibits award of any DoD contracts to an entity that requires its employees to sign internal confidentiality agreements or statements that would prohibit or otherwise restrict its employees from lawfully reporting waste, fraud, or abuse related to the performance of a DoD contract to a designated investigative or law enforcement representative of DoD authorized to receive such information. The statute also requires entities to inform their employees of the limitations on confidentiality agreements or other statements and to represent compliance with the requirements of section 883. DoD is proposing to update language in DFARS subpart 203.9 to ensure contracting officers comply with the appropriate sections in Federal Acquisition Regulation (FAR) subpart 3.9, including use of FAR 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation, which implements nearly identical requirements.

Proposed changes to parts/subparts/sections:  203.900, 203.909, 203.909-3, 203.970; 212.301.

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.

Reporting Tax Information on Certain Foreign Procurements (DFARS Case 2021-D029)


DoD is proposing to amend the DFARS to allow for the efficient and accurate identification of contracts subject to excise tax withholding. DoD is also proposing to prohibit use of the Governmentwide commercial purchase card as a method of payment when the tax on certain foreign procurements applies.

Proposed changes to parts/subparts/sections:  213.301; 229.204, 229.402-70; 232.1108, 232.1108-70; 252.229-70XX.

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:


Update to DFARS PGI 222.1704 (PGI Case 2022-P001)


Provides updated guidance concerning reporting of information about any investigation and enforcement concerning failure of a contractor, contractor employee, a subcontractor, or a subcontractor employee to comply with the requirements of the clause at FAR 52.222-50.

Affected parts/subparts/sections:  PGI 222.1704.

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

PGI ADMINISTRATIVE CHANGE:


An administrative change is made to the following PGI section to update an email address for providing notices of Novation and Change-of-name agreements to the Department of Navy: PGI 242.1203(1).

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20220526


On May 26, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Prohibition on Contracting with Persons That Have Business Operations with the Maduro Regime (DFARS Case 2020-D010)


DoD is issuing a final rule amending the DFARS to implement section 890 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92). Section 890 prohibits contracts for the procurement of goods and services with any person who has business operations with an authority of the government of Venezuela, subject to exceptions or a joint determination by the Secretary of Defense and the Secretary of State. The rule creates a new solicitation provision and a new contract clause to implement the prohibition.

Affected parts/subparts/sections:  212.301; 225.7020, 225.7020-1, 225.7020-2, 225.7020-3, 225.7020-4, and 225.7020-5; 252.225-7055 and 252.225-7056. PGI 225.7020 and 225.7020-4.

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.

Small Business Specialist Review Threshold Update (DFARS Case 2022-D002)


DoD is issuing a final rule amending the DFARS to modify the nomenclature used to describe the threshold for the small business specialist review of acquisitions. This rule changes the threshold from the dollar value of $10,000 to the term “micro-purchase threshold”, thereby aligning the description of this threshold with the description of the threshold for small business set-asides at FAR 19.502-2. 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, 41 U.S.C. 1707 does not require the rule to be published for public comment.

Affected parts/subparts/sections:  219.201. PGI 219.201.

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.


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20220428


On April 28, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Validation of Proprietary and Technical Data (DFARS Case 2018-D069)


DoD is issuing a final rule amending the DFARS to implement section 865 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 865 repeals several years of congressional adjustments to the statutory presumption of development at private expense for commercial products in the validation procedures of 10 U.S.C. 2321.

Affected parts/subparts/sections:  227.7103-13 and 252.227-7037.

The Federal Register notice for this rule is here.

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

Commercial Item Determinations (DFARS Case 2020-D033)


DoD is issuing a final rule amending the DFARS to further implement section 848 of the NDAA for FY 2018 (Pub. L. 115-91). Section 848 modified 10 U.S.C. 2380(b) (redesignated as 2380(c)) to provide that a contract for an item using FAR part 12 procedures shall serve as a prior commercial item determination, unless the appropriate official determines in writing that the use of such procedures was improper or that it is no longer appropriate to acquire the item using FAR part 12 procedures.

Affected parts/subparts/sections:  TOC 212, 212.102; subpart 212.70, 212.7000, and 212.7001 are reserved. PGI 212.102 and 213.307.

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 Small Purchase Threshold Exceptions (DFARS Case 2021-D010)


DoD is issuing a final rule amending the DFARS to implement section 817 of the NDAA for FY 2021 (Pub. L. 116-283). Section 817 amends 10 U.S.C. 2533a (commonly known as the “Berry Amendment”), by reducing the dollar threshold at which an acquisition is excepted from the source restrictions of the Berry Amendment from the simplified acquisition threshold of $250,000 to an amount not to exceed $150,000. The net effect of this revision will be to increase the number of acquisitions subject to the domestic source requirements at DFARS 225.7002.

Affected parts/subparts/sections:  225.7002-2, 225.7002-3; and 252.225-7012.

The Federal Register notice for this rule is here.

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

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


DoD is issuing a final rule amending the DFARS to implement section 831(a)(2) of the NDAA for FY 2021 (Pub. L. 116-283). 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 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 at 10 U.S.C. 2302e(b).

Affected 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 made by this rule is here.

Repeal of DFARS Provision “Payment in Local Currency (Afghanistan)” (DFARS Case 2022-D001)


DoD is issuing a final rule amending the DFARS to repeal subpart 232.72 and the associated solicitation provision 252.232-7014, Payment in Local Currency (Afghanistan). Due to the drawdown of operations in Afghanistan, the text at subpart 232.72 and the associated provision are no longer needed.

Affected parts/subparts/sections:  TOC 232; subpart 232.72, 232.7200, 232.7201, 232.7202 are reserved; TOC 252; 252.232-7014 is reserved.

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 20220318


On March 18, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULES:


Postaward Debriefings (DFARS Case 2018-D009)


DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 818 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 818 amends 10 U.S.C. 2305(b) to provide enhanced postaward debriefing rights for negotiated contracts and task orders or delivery orders that exceed $10 million and to provide offerors the opportunity, following a postaward debriefing, to submit written questions related to the debriefing and to receive agency responses. Section 818 also amends 31 U.S.C. 3553(d) delaying the beginning of the timeframe during which the contracting officer shall immediately suspend contract performance or terminate the awarded contract.

Affected parts/subparts/sections:  212.301; TOC 215, 215.506, 215.506-70, 215.570; TOC 216, 216.505, 216.506, 216.506-70; TOC 233, 233.102, 233.104, 233.171; TOC 252, 252.215-7016, 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.

Contract Closeout Authority for DoD Services Contracts (DFARS Case 2021-D012)


DoD is issuing a final rule amending DFARS subpart 204.8 to implement section 820 of the NDAA for FY 2021. Section 820 amends section 836 of the NDAA for FY 2017, as modified by section 824 of the NDAA for FY 2018. Section 836 authorizes DoD contracting officers to close out certain physically complete contracts or groups of contacts through modification of such contracts, without completing the requirements of Federal Acquisition Regulation (FAR) 4.804-5(a)(3) through (15) based upon the age of the contract action. DoD published a final rule in the Federal Register at 84 FR 18153 on April 30, 2019, to implement sections 836 and 824, which apply to contracts meeting certain criteria that were entered into on a date that was at least 17 fiscal years prior to the current fiscal year. Section 820 expands the application of the expedited contract closeout authority of section 836, implemented at DFARS 204.804(3)(i)(A), to certain contracts or groups of contracts that were awarded at least 7 to 10 fiscal years before the current fiscal year and have completed performance or delivery at least 4 years prior to the current fiscal year.

Affected parts/subparts/sections:  204.804.

The Federal Register notice for this rule is here.

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

Evaluation Factor for Employing or Subcontracting with Members of the Selected Reserve (DFARS Case 2021-D013)


DoD is issuing a final rule amending the DFARS to implement section 821 of the NDAA for FY 2021 (Pub. L. 116-283). Section 821 removes the burden of proof at 10 U.S.C. 2305 note when using an evaluation factor for employing or subcontracting with members of the Selected Reserve. This rule removes the solicitation provision at DFARS 252.215-7005, Evaluation Factor for Employing or Subcontracting with Members of the Selected Reserve, and the associated information collection approved by the Office of Management and Budget under the Paperwork Reduction Act.

Affected parts/subparts/sections:  215.370-1, 215.370-3; TOC 252, 252.215-7005 (removed), and 252.215-7006. PGI 201.106; 215.370-2.

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.

New Qualifying Country-Lithuania (DFARS Case 2022-D012)


DoD is issuing a final rule amending the DFARS to add Lithuania as a qualifying country. On December 13, 2021, the Secretary of Defense signed a Reciprocal Defense Procurement Agreement with the Ministry of National Defense of the Republic of Lithuania. On the same day, the Secretary of Defense also signed a determination and findings that it is inconsistent with the public interest to apply the restrictions of the Buy American Act to the acquisition of articles, materials, and supplies produced or manufactured in the Republic of Lithuania. Therefore, Lithuania is a qualifying country and is added to the list of qualifying countries in the DFARS.

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.

PROPOSED RULE:


Revision of Definition of Commercial Item (DFARS Case 2018-D066)


DoD is proposing to amend the DFARS to implement sections 836 and 837(b) of the NDAA for FY 2019 (Pub. L. 115-232). Section 836 replaces the defined term “commercial item” with new defined terms “commercial product” and “commercial service” in several sections in title 10, including 10 U.S.C. 2302 and 2375. Section 837(b) implements this change at 10 U.S.C. 2533a and 2533b. These statutory changes implement a recommendation made by the Advisory Panel on Streamlining and Codifying Acquisition Regulations (Section 809 Panel). This proposed rule implements the new terms throughout the DFARS.

Proposed changes to parts/subparts/sections:  See the Federal Register notice for proposed changes for this rule.

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 made by this rule is here.

DFARS TECHNICAL AMENDMENT:


This technical amendment makes the following editorial changes:

  1. Updates office designations and a hyperlink at DFARS 204.604 and 232.1004.
  2. Updates hyperlinks at: DFARS 204.7302, 208.602-70, 213.301, 225.7003-2, 252.204-7019, 252.204-7020, 252.211-7003, and 252.211-7007.
  3. Removes obsolete text at DFARS 209.104-1, paragraph (g)(i). The final rule for DFARS Case 2014-D014, published at 79 FR 73488, revised section 209.104-1(g)(i), because the coverage was relocated to DFARS subpart 225.7. Several subordinate paragraphs to paragraph (g)(i) that should have been removed at that time were inadvertently retained in the electronic Code of Federal Regulations (eCFR). This technical amendment corrects that error and removes the obsolete text at paragraph 209.104-1(g), in the subordinate paragraphs (i)(1) and (2), from the eCFR.
  4. Reinstates subpart DFARS 211.70 and section 211.7001, which points to procedures provided in DFARS Procedures, Guidance, and Information (PGI) 211.7001.
  5. DFARS 212.207(b)(i), adds a missing parenthesis.
  6. DFARS 216.402-2(2)(ii), corrects a typographical error in the electronic Code of Federal Regulations.
  7. DFARS 225.7700(e), corrects a typographical error in a statutory section reference.
  8. DFARS 241.102(b)(7)(C), updates a statutory reference pursuant to the National Defense Authorization Act for Fiscal Year 2006 (section 2851, Pub. L. 109-364).
  9. DFARS 246.870-2, removes obsolete language. The final rule was published at 81 FR 72738 to amend DFARS 204.870-2(a)(2) introductory text by removing “(b)(3)(ii) through (b)(3)(iv)” and adding “(b)(3)(ii)” in its place. According to an eCFR Editorial Note, that change is not reflected in the electronic Code of Federal Regulations due to inaccurate amendatory instruction. This technical amendment provides the correct amendatory instruction.
  10. DFARS 252.225-7013, updates a mailing address at paragraph (e)(2)(iv)(A).
  11. Updates statutory redesignations made by the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232):
    • Section 808(b)(12) redesignates 10 U.S.C. 7317 as 10 U.S.C. 8687 at DFARS 212.301, 227.7100, 227.7102-1, 227.7103-1, 252.227-7013, and 252.227-7015; and
    • Section 808(d) redesignates 10 U.S.C. 4540 as 10 U.S.C. 7540 and section 807(d)(1) redesignates 10 U.S.C. 7212 as 10 U.S.C. 8612 at DFARS 236.606-70.

Affected parts/subparts/sections:  204.604, 204.7302; 208.602-70; 209.104-1; TOC 211, 211.7001; 212.207, 212.301; 213.301; 216.402-2; 225.7003-2, 225.7700; 227.7100, 227.7102-1, 227.7103-1; 232.1004; 236.606-70; 241.102; 246.870-2; 252.204-7019, 252.204-7020, 252.211-7003, 252.211-7007, 252.225-7013, 252.227-7013, and 252.227-7015.

The Federal Register notice for this rule is here.

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

PGI ADMINISTRATIVE CHANGES:


Administrative changes are made to the following PGI sections to update hyperlinks:  PGI 201.170-1; 204.201, 204.270-2, 204.602, 204.604, 204.7103; 207.105; 211.7001; 213.201, 213.301; 217.502-1; 218.271; 222.1703; 225.370, 225.802; 232.1001; 234.7002; and 247.301.

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20220228


On February 28, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


FINAL RULE:


Exception to Competition for Certain Follow-on Production Contracts (DFARS Case 2019-D031)


DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 815 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114-92). Section 815 repeals and replaces section 845 of the NDAA for FY 1994 (Pub. L. 103-160; 10 U.S.C. 2371 note) with 10 U.S.C. 2371b, which modifies the authority of DoD to carry out other transaction agreements for prototype projects and the criteria required to award an associated follow-on production contract without the use of competitive procedures.

Affected parts/subparts/sections:  TOC 206 and 206.001-70. PGI 206.001-70.

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:


United States-Mexico-Canada Agreement (DFARS Case 2020-D032)


DoD is proposing to amend the DFARS to implement the United States-Mexico-Canada Agreement Implementation Act (Pub. L. 116-113). The United States-Mexico-Canada Agreement (USMCA) replaces the North American Free Trade Agreement (NAFTA). Unlike NAFTA, the USMCA’s provisions on government procurement apply only to the United States and Mexico. Canada is still a designated country under the World Trade Organization Government Procurement Agreement, but it is no longer a Free Trade Agreement country. As a result, Canada’s Free Trade Agreement threshold of $25,000 is no longer applicable. This proposed rule implements the USMCA Implementation Act by removing from the DFARS all references to Canada as a Free Trade Agreement country and its associated threshold of $25,000.

Proposed changes to parts/subparts/sections:  212.301; 225.1101; 252.225-7013, 252.225-7017, 252.225-7018, 252.225-7021, 252.225-7035, 252.225-7036, and 252.225-7045.

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.

Reauthorization and Improvement of Mentor-Protégé Program (DFARS Case 2020-D009)


DoD is proposing to amend the DFARS to implement section 872 of the NDAA for FY 2020 (Pub. L. 116-92). Section 872 reauthorizes DoD’s Mentor-Protégé Program and provides for program improvements by limiting the program participation term and aligning the size requirement for protégé firms with the Small Business Administration’s size standards for small business concerns. This proposed rule is expected to benefit small business concerns by allowing more small businesses to be eligible to participate in and benefit from DoD’s Mentor-Protégé Program.

Proposed changes to parts/subparts/sections:  219.7100, 219.7102, 219.7103-1, 219.7103-2, 219.7104, 219.7104, 219.7106; Appendix I-100, I-101, I-102, I-103, I-104, I-105, I-106, I-107, I-108, I-109, I-110, I-110.1, I-110.2, I-111, I-112.2, and I-113.

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.

PGI ADMINISTRATIVE CHANGE


1.  DFARS PGI 201.106, OMB approval under the Paperwork Reduction Act, list is updated.

2.  DFARS PGI 215.406-3, Documenting the negotiation, link to the Contract Business Analysis Repository is updated.

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


DEFENSE FAR SUPPLEMENT (DFARS) Publication Notice 20220128


On January 28, 2022, DoD published the following changes to the DFARS:

Small entity compliance guide:


PROPOSED RULE:


Noncommercial Computer Software (DFARS Case 2018-D018)


DoD is proposing to amend the DFARS to implement section 871 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91). Section 871 requires that, as part of any negotiation for noncommercial computer software, DoD consider all noncommercial computer software and related materials necessary to meet the needs of the agency. This proposed rule ensures that DoD identifies and acquires all software necessary to meet its needs at appropriate times in the life cycle of a product, program, or system. As recommended by the Government-Industry Advisory Panel on Technical Data Rights (the “Section 813 Panel”), DoD plans to hold a virtual public meeting during the 60-day public comment period for this proposed rule to seek input from experts and interested parties in the private sector and Government regarding the proposed DFARS implementation of section 871 of the NDAA for FY 2018.

Affected parts/subparts/sections:  TOC 227, 227.7100, 227.7103-2, 227.7200, 227.7202-1, 227.7203-2; TOC 237, 237.102-XX; 239.101; 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 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.


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.