DFARS Change Notice
20021025
DoD
published 1 proposed and 5 final DFARS rules in the Federal Register on
Final Rules:
Competition
Requirements for Purchase of Services Under Multiple Award Contracts (DFARS
Case 2001-D017)
Changes
the DFARS to strengthen procedures for competition when DoD or other Federal
agencies place orders exceeding $100,000 for services under Federal Supply
Schedules and multiple award contracts to meet DoD requirements. The final rule implements Section 803 of the
National Defense Authorization Act for Fiscal Year 2002. These procedures apply to orders placed on or
after
DoD
has developed training tools on the procedures in this rule and will provide
training in the
Affected
subparts/sections: DFARS Table of
Contents; Part 208 Table of Contents; 208.4; Part 216 Table of Contents; 216.5
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions made by
this rule is here.
Changes
the DFARS to add procedures implementing DoD’s Enterprise Software Initiative
(ESI) requirements. ESI, sponsored by the DoD Chief Information Officer
requires requiring officials and contracting officers to first review
established Enterprise Software Agreements (ESAs) with companies to obtain
favorable terms and pricing for commercial software and related services.
ESI does not dictate the products or services to be acquired and provides
flexibility to use other vehicles if the ESA doesn’t represent best value.
Additional information on the Enterprise Software Initiative
can be found at http://www.don-imit.navy.mil/esi.
Affected
subparts/sections: DFARS Table of
Contents; Part 208 Table of Contents; 208.0; 208.74; Part 239 Table of
Contents; 239.1; 251.1; 252.251
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions made by
this rule is here.
Contracting Officer
Qualifications (DFARS Case 2002-D021)
Changes
the DFARS to add requirements for new entrants into the contracting field in
order to serve as a contracting officer with authority to award or administer
contracts exceeding the simplified acquisition threshold. Included is a requirement for a baccalaureate
degree and 24 semester credit hours of study in a business-related discipline. The rule implements Section 824 of the
National Defense Authorization Act for Fiscal Year 2002.
Affected
subparts/sections: 201.6
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions made by
this rule is here.
Performance-Based
Contracting Using FAR Part 12 Procedures (DFARS Case 2000-D306)
Revises
and finalizes the interim rule published on
Affected
subparts/sections: 212.1; 226.1
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions made by
this rule is here.
Changes
the DFARS clauses at 252.225-7007, Buy American Act—Trade Agreements—Balance of
Payments Program, and 252.225-7021, Trade Agreements, to add
Affected
subparts/sections: 252.225
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions made by
this rule is here.
Proposed Rule:
Transportation of
Supplies by Sea – Commercial Items
(DFARS Case 2002-D019)
Proposes
to change the list of clauses at DFARS 252.212-7001, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders Applicable to
Defense Acquisitions of Commercial Items, to add Alternate III of 252.247-7023,
Transportation of Supplies by Sea. This
change will minimize transportation information required from contractors under
contracts at or below the simplified acquisition threshold when acquiring
commercial items.
The
Federal Register notice for this rule is available here.
A
Microsoft Word format document showing all additions and deletions proposed
by this rule is here.
In
addition, DoD published the following proposed rule in the Federal Register on
Foreign
Acquisition (DFARS Case 2002-D009)
Proposes revisions to DFARS Part 225, Foreign Acquisition, and
associated provisions and clauses. The
rule—
·
Provides streamlined procedures for evaluating
foreign offers when acquiring supplies, and adds procedures for evaluating
foreign offers in acquisitions in which price is not the determining factor.
·
Changes the definition of “qualifying country
end product” to permit the qualifying country manufacturing the product
to use components from any other qualifying country.
·
Lowers the required approval levels for determinations
of nonavailability under the Buy American Act.
·
Lowers the required approval levels for individual
public interest determinations for acquisition of end products from qualifying
countries.
·
Provides that the Government will evaluate
duty only if it is to be paid. Except
for qualifying country supplies or eligible end products, the contractor
will request duty-free entry only on foreign supplies for which the contractor
estimates that duty will exceed $200 per unit (end product or component). One duty-free entry clause replaces five existing
clauses.
·
Moves restrictions on contracting with firms
owned or controlled by the government of a terrorist country or other
foreign governments from Part 209, Contractor Responsibility, to Part
225, Foreign Acquisition.
·
Deletes obsolete text and clauses relating
to outdated appropriations act restrictions, resulting in the elimination
of four clauses.
The Federal
Register notice for this rule is available here.
A Microsoft
Word format document showing all additions and deletions proposed by this
rule is here.