DoD
published the following final and proposed rules in the Federal Register on
FINAL RULE
Memorandum of Understanding -
Implements a determination of the Deputy Secretary
of Defense that it is inconsistent with the public interest to apply the restrictions
of the Buy American Act to the acquisition of defense equipment produced or
manufactured in
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 RULES – DFARS TRANSFORMATION
The following 14 proposed
rules are a result of DFARS Transformation, which is a major DoD initiative to dramatically change
the purpose and content of the DFARS. The
transformed DFARS will contain only requirements of law, DoD-wide policies,
delegations of FAR authorities, deviations from FAR requirements, and policies/procedures
that have a significant effect on the public. The objective is to improve the efficiency and
effectiveness of the acquisition process, while allowing the acquisition workforce
the flexibility to innovate. Additional
information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.
Procedures, Guidance, and Information (DFARS
Case 2003-D090)
Establishes the framework for a new DFARS companion resource, Procedures,
Guidance, and Information (PGI), which will contain mandatory and non-mandatory
internal DoD procedures, non-mandatory guidance, and supplemental information.
Use of PGI will enable DoD to more rapidly
convey internal administrative and procedural information to the acquisition
workforce. PGI will not contain policy or procedures that
significantly affect the public and, therefore, will not be published in the
Federal Register or the Code of Federal Regulations. PGI will be available on the World Wide Web
and will be electronically linked to the DFARS.
The DFARS and PGI text have been interlinked for the proposed rules
in this notice.
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.
Contractor
Qualifications Relating to Contract Placement (DFARS Case 2003-D011)
Deletes obsolete text pertaining to Intermediate Range Nuclear
Forces Treaty inspections; deletes unnecessary first article testing and approval
requirements; and relocates procedures for requesting pre-award surveys and
obtaining approval for product qualification requirements to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Improper Business
Practices and Contractor Qualifications Relating to Debarment, Suspension,
and Business Ethics (DFARS Case 2003-D012)
Consolidates
text on reporting violations and suspected violations of certain requirements;
updates a contract clause pertaining to prohibitions on persons convicted
of fraud or other defense-contract-related felonies; and relocates internal
review and referral procedures to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Publicizing Contract
Actions (DFARS Case 2003-D016)
Deletes
unnecessary text pertaining to cooperative agreement holders, paid advertisements,
and synopsis requirements; and relocates a synopsis format to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Competition
Requirements (DFARS Case 2003-D017)
Deletes
text that is obsolete or duplicative of FAR policy; and relocates procedures
for documenting reasons for use of other than full and open competition to
PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Laws Inapplicable to
Commercial Subcontracts (DFARS Case 2003-D018)
Removes
the Trade Agreements Act and the Buy American Act from the list of laws inapplicable
to subcontracts for the acquisition of commercial items. Inclusion of these laws on the list is unnecessary,
because the Government does not apply the restrictions of the Trade Agreements
Act or the Buy American Act at the subcontract level. The prime contractor is responsible for providing
an end product that meets the requirements of the Acts.
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.
Major Systems Acquisition
(DFARS Case 2003-D030)
Deletes
unnecessary definitions; updates references to the DoD 5000 series documents;
clarifies earned value management system and cost/schedule status reporting
requirements; and relocates internal review procedures to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Cost Principles and
Procedures (DFARS Case 2003-D036)
Deletes
obsolete and duplicative text pertaining to contract cost principles; and
relocates procedural text on Government responsibilities relating to contractor
restructuring costs to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Insurance (DFARS
Case 2003-D037)
Relocates
procedural text on risk-pooling insurance arrangements and requests for waiver
of overseas workers’ compensation requirements to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Protection of Privacy and Freedom of Information
(DFARS Case 2003-D038)
Deletes
text pertaining to protection of individual privacy and the Freedom of Information
Act. This subject is adequately addressed
in other DoD publications, which are referenced in the DFARS.
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.
Contractor
Use of Government Supply Sources (DFARS Case 2003-D045)
Clarifies
contractor requirements for payment of invoices from Government supply sources;
and relocates procedures for authorizing contractor use of Government supply
sources to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Removal of Obsolete Research and Development
Contracting Procedures (DFARS Case 2003-D058)
Deletes
a standard format previously used for research and development solicitations
and contracts. The format has become
obsolete due to advances in technology and use of the World Wide Web.
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.
Research and Development
Contracting (DFARS Case 2003-D067)
Deletes
unnecessary text on solicitation and contract content; updates statutory references;
updates a clause pertaining to contractor submission of scientific and technical
reports; and relocates procedures for maintenance of scientific and technical
reports to PGI.
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.
A
Microsoft Word format document showing the text proposed for inclusion in
PGI is here.
Sealed Bidding (DFARS Case 2003-D076)
Deletes
unnecessary text on structuring of contracts, providing copies of documents,
and preparation of solicitations; and updates the list of officials authorized
to permit correction of mistakes in bid.
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.