DFARS Case
2009-D018, Warranty Tracking of Serialized Items, Proposed rule, 75 Fed.
Reg. 52917, August 30, 2010.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a
policy memorandum of the Undersecretary of Defense for Acquisition, Technology,
and Logistics dated February 6, 2007, that required definition of the
requirements to track warranties for items subject to Item Unique Identification
in the Item Unique Identification registry. This proposed rule stresses that the
enforcement of warranties is essential to the effectiveness and efficiency of
DoDs material readiness.
Dates: Comments on this proposed rule
should be submitted in writing to the address shown below on or before October
29, 2010, to be considered in the formation of the final rule.
DFARS Case
2008-D011, Acquisition of Commercial Items, Final rule, 75 Fed. Reg. 51416,
August 20, 2010,
SUMMARY: DoD is adopting as final, without
change, the interim rule that amended the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement sections 805 and 815 of the National Defense
Authorization Act for Fiscal Year 2008. This rule specified when
time-andmaterials or labor-hour contracts may be used for the acquisition of
commercial items, and revised the language to address the conditions under which
major weapon systems or subsystems may be treated as commercial items.
Dates: Effective Date: August 20, 2010
DFARS Case
2003-D028, Transportation, Final rule, 75 Fed. Reg. 51416, August 20, 2010,
SUMMARY: DoD is issuing a final rule, with changes, amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update text on
transportation matters relating to DoD contracts.
Dates: Effective Date: August 20, 2010
DFARS Case
2006-D057, Excessive Pass-Through Charges, Final rule; technical amendment,
75 Fed. Reg. 49849, August 16, 2010.
SUMMARY:DoD issued a final
rule in the Federal Register on August 10, 2010, under DFARS Case 2006D057,
Excessive Pass-Through Charges. That final rule incorrectly removed and reserved
two CFR sections. DoD is issuing this technical amendment to correct that error
in the final rule.
Dates: Effective Date: August 16, 2010
DFARS Case
2009-D024, Reporting of Commercially Available Off-the-Shelf Items That Contain
Specialty Metals Deletion of Obsolete Clause, Final rule, 75 Fed. Reg.
48279, August 10, 2010.
SUMMARY: DoD is issuing this final rule
to amend the Defense Federal Acquisition Regulation Supplement (DFARS) by
deleting the requirement for contractors to report commercially available
off-the-shelf items that contain foreign specialty metals and are incorporated
into noncommercial end items.
Dates: Effective Date: August 10, 2010.
DFARS Case
2006-D057, Excessive Pass-Through Charges, Final rule, 75 Fed. Reg. 48278,
August 10, 2010.
SUMMARY: DoD is issuing a final rule to delete
the DFARS language implementing section 852 of the National Defense
Authorization Act for Fiscal Year 2007 that ensures that passthrough charges on
contracts or subcontracts that are entered into for or on behalf of DoD are not
excessive in relation to the cost of work performed by the relevant contractor
or subcontractor. The interim DFARS rule language, which implements the
requirements of section 852, was made obsolete with the publication of the FAR
interim rule at 74 FR 52853 on October 14, 2009.
Dates: Effective Date: August 10, 2010.
DFARS Case
2008-D034, Management of Unpriced Change Orders, Final rule, 75 Fed. Reg. 48276,
August 10, 2010.
SUMMARY: The Department of Defense (DoD) is
adopting as final a proposed rule amending the DFARS to make requirements for
DoD management and oversight of unpriced change orders consistent with those
that apply to other undefinitized contract actions. This final rule adds new
policy to address section 812 of the National Defense Authorization Act for
Fiscal Year 2010.
Dates: Effective Date: August 10, 2010.
DFARS Case
2009-D003, Inflation Adjustment of Acquisition-Related Thresholds, Final rule,
75 Fed. Reg. 45072, August 02, 2010.
SUMMARY: DoD is issuing a
final rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement the recurring requirement of section 807 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005. Section 807
provides for adjustment every 5 years of statutory acquisition-related
thresholds, except for Davis- Bacon Act, Service Contract Act, and trade
agreements thresholds. This final rule also adjusts some non-statutory
acquisition-related thresholds.
Dates: Effective Date: October 1, 2010.
DFARS Case
2009-D036, Notification Requirements for Awards of Single- Source Task
or Delivery Orders, Interim rule, 75 Fed. Reg. 40716, July 13, 2010.
SUMMARY: DoD is issuing an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
section 814 of the National Defense Authorization Act for Fiscal Year
2010.
Dates: Effective date: July 13, 2010
Comment date: Comments on the interim rule should be
submitted in writing to the address shown below on or before September
13, 2010, to be considered in the formation of the final rule.
DFARS Case 2009-D033, Publication of Notification of Bundling of Contracts of the
Department of Defense, Interim rule, 75 Fed. Reg. 40714, July 13,
2010.
SUMMARY: DoD is issuing an interim rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement section 820 of the National Defense Authorization Act for
Fiscal Year 2010 (Pub. L. 11184, enacted October 28, 2009).
Dates: Effective Date: July 13, 2010.
Comment
Date: Comments on the interim rule should be submitted in writing
to the address shown below on or before September 13, 2010, to be
considered in the formation of the final rule.
DFARS Case
2009-D020, Payments in Support of Emergencies and Contingency
Operations, Interim rule, 75 Fed. Reg. 40712, July 13, 2010.
SUMMARY: DoD is issuing an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to bring DoD into
compliance with OMB implementation of the Prompt Payment Act by
exempting military contingencies, and certain payments related to
emergencies and the release or threatened release of hazardous
substances.
Dates: Effective Date: July 13, 2010.
Comment date: Comments on this interim rule should be submitted
in writing to the address shown below on or before September 13, 2010,
to be considered in the formation of the final rule.
DFARS Case
2010-D010, Ownership or Control by a Foreign Government, Interim rule,
75 Fed. Reg. 35684, June 23, 2010.
SUMMARY: DoD is
issuing an interim rule to implement revisions to DoD Directive-Type
Memorandum (DTM) 09019, “Policy Guidance for Foreign Ownership,
Control, or Influence (FOCI).” The DTM revises the description of
communications security material that is “proscribed
information.”
Dates: Effective date: June 23, 2010.
Comment date: August 23, 2010.
DFARS Case
2008-D024, Para-Aramid Fibers and Yarns Manufactured in a Qualifying
Country, Final rule, 75 Fed. Reg. 34943, June 21, 2010.
SUMMARY: DoD is adopting as final, with changes, the interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement determinations made by the Under Secretary of
Defense for Acquisition, Technology, and Logistics with regard to the
acquisition of items containing para-aramid fibers and yarns
manufactured in foreign countries that have entered into a reciprocal
defense procurement memorandum of understanding with the United States.
Dates: Effective Date: June 21, 2010.
DFARS CAse
2008-D006, Multiyear Contract Authority for Electricity From Renewable
Energy Sources, Interim rule, 75 Fed. Reg. 34942, June 21, 2010.
SUMMARY: DoD is issuing an interim rule to implement section
828 of the National Defense Authorization Act for Fiscal Year 2008.
Section 828 authorizes the Secretary of Defense to enter into a contract
for a period not to exceed 10 years for the purchase of electricity from
sources of renewable energy.
Dates: Effective Date: June
21, 2010. Comment Date: Comments on the interim rule should be submitted
in writing to the address shown below on or before August 20, 2010, to
be considered in the formation of the final rule.
DFARS Case
2009-D015, Organizational Conflicts of Interest in Major Defense
Acquisition Programs, Proposed rule with request for comments; extension
of comment period, 75 Fed. Reg. 33752, June 15, 2010.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 207 of
the Weapons System Acquisition Reform Act of 2009. The comment period is
being extended an additional 30 days to provide additional time for
interested parties to review the proposed DFARS changes.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 21, 2010, to be
considered in the formation of the final rule.
DFARS Case 2009-D025, Contractor Insurance/Pension
Review, Proposed rule, 75 Fed. Reg. 3327, June 11, 2010.
SUMMARY: DoD proposes to remove and relocate the
requirements for conducting a Contractor Insurance/Pension Review from
Procedures, Guidance, and Information to the Defense Acquisition
Regulation Supplement.
Dates: Comments on the proposed
rule should be submitted in writing to the address shown below on or
before August 10, 2010, to be considered in the formation of the final
rule.
DFARS Case
2009-D010, New Designated Country-Taiwan, Proposed rule, 75 Fed.
Reg. 33195, June 11, 2010.
SUMMARY: DoD is adopting, as
final, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to add Taiwan as a designated country, due
to the accession of Taiwan to membership in the World Trade Organization
Government Procurement Agreement.
Dates: Effective date: June 11, 2010.
DFARS Case 2007-D009, Ground and Flight Risk Clause,
Final, rule, 75 Fed. Reg. 32642, June 08, 2010.
SUMMARY: DoD is issuing a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to revise and combine
contract clauses addressing assumption of risk of loss under contracts
that furnish aircraft to the Government. The final rule establishes
requirements that apply consistently to all contract types.
Dates: Effective Date: June 8, 2010
DFARS Case 2007-D011, Letter Contract Definitization
Schedule, Final rule, 75 Fed. Reg. 32641, June 08, 2010.
SUMMARY: DoD is adopting as final, without change, a proposed
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to clarify requirements regarding definitization of letter
contracts. The rule specifies that DoD letter contracts will be
definitized using the DFARS procedures applicable to all other
undefinitized contract actions.
Dates: Effective Date: June 8, 2010.
DFARS Case 2009-D022, Finland-Public Interest Exception
to the Buy American Act, Final rule, 75 Fed. Reg. 32640, June 08,
2010.
SUMMARY: DoD is issuing this final rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to reflect
a determination of the Secretary of Defense 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 Finland.
Dates: Effective Date: June 8, 2010.
DFARS Case 2009-D027, Limitations on Procurements With
Non-Defense Agencies, Interim rule, 75 Fed. Reg. 32639, June 08,
2010.
SUMMARY: DoD is issuing an interim rule to
implement section 806 of the National Defense Authorization Act for
Fiscal Year 2010 authorizing the placing of contracts for property and
services in excess of the simplified acquisition threshold by certain
non-DoD agencies for the performance of a joint program conducted to
meet the needs of DoD and the non-DoD agency.
Dates:
Effective Date: June 8, 2010. Comment Date: Comments on the interim rule
should be submitted in writing to the address shown below on or before
August 9, 2010, to be considered in the formation of the final rule.
DFARS Case 2009-D034, Contract Authority for Advanced
Component Development or Prototype Units, Interim rule, 75 Fed. Reg.
32638, June 08, 2010.
SUMMARY: DoD is issuing an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement section 819 of the National Defense Authorization
Act for Fiscal Year 2010. Section 819 places limitations on certain
types of line items and contract options that may be included in
contracts initially awarded pursuant to competitive solicitations. When
the prohibition applies, it limits the dollar value, period of
performance, and time for exercise of such contract line items or
contract options.
Dates: Effective Date: June 8, 2010.
Comment Date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 9, 2010, to be
considered in the formation of the final rule.
DFARS Case 2009-D040, Trade Agreements Thresholds,
Interim rule, 75 Fed. Reg. 32637, June 08, 2010.
SUMMARY: DoD is issuing an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to incorporate
increased thresholds for application of the World Trade Organization
Government Procurement Agreement and the Free Trade Agreements, as
determined by the United States Trade Representative.
Dates: Effective Date: June 8, 2010. Comment Date: Comments
on the interim rule should be submitted in writing to the address shown
below on or before August 9, 2010 to be considered in the formulation of
the final rule.
DFARS Case 2009-D041, Balance of Payments Program
Exemption for Commercial Information Technology Construction Material,
Proposed rule, 75 Fed. Reg. 32636, June 08, 2010.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the exemption
from the Balance of Payments Program for construction material that is
commercial information technology.
Dates: Comments on
the proposed rule should be submitted in writing to the address shown
below on or before August 9, 2010, to be considered in the formation of
the final rule.
DFARS Case
2010-D004, Restrictions on the Use of Mandatory Arbitration Agreements, Interim rule, 75 Fed. Reg. 27946, May 19,
2010.
SUMMARY: DoD is issuing an interim rule to
implement section 8116 of the DoD Appropriations Act for Fiscal Year
2010. Section 8116 restricts the use of mandatory arbitration agreements
when using funds appropriated or otherwise made available by this DoD
Appropriations Act to award contracts that exceed $1 million. It allows
the Secretary of Defense to waive applicability to a particular
contractor or subcontractor, if determined necessary to avoid harm to
national security.
Dates: Effective date: May 19, 2010.
Comment date: Comments on this interim rule should be submitted in
writing to the address shown below on or before July 19, 2010, to be
considered in the formation of the final rule.
DFARS Case
2006-D029, Restriction on Ball and Roller Bearings, Proposed rule,
75 Fed. Reg. 25167, May 07, 2010.
SUMMARY: DoD is
proposing to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to revise the domestic source restriction on acquisition of ball
and roller bearings. The current DFARS restriction on ball and roller
bearings requires that the bearings and the main bearing components be
manufactured in the U.S. or Canada. This requirement was based on the
restriction at 10 U.S.C. 2534(a)(5), which expired on October 1, 2005.
The proposed revision interprets the annual defense appropriations act
domestic source restriction on acquisition of ball and roller bearings
in a manner similar to the domestic source restriction of the Buy
American Act.
Dates: Comments on the proposed rule should be submitted
to the address shown below on or before July 6, 2010, to be considered
in the formulation of the final rule.
DFARS Case
2008-D027, Cost and Software Data Reporting System, Proposed rule,
75 Fed. Reg. 25615, May 07, 2010.
SUMMARY: DoD proposes to
amend the Defense Federal Acquisition Regulation Supplement (DFARS) to
set forth DoD Cost and Software Data Reporting system requirements for
major defense acquisition programs and major automated information
system programs.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 6, 2010, to be
considered in the formation of the final rule.
DFARS Case
2007-D003, Presumption of Development at Private Expense, Proposed
rule, 75 Fed. Reg. 25161, May 07, 2010.
SUMMARY: DoD
proposes to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement section 802(b) of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2007 and section 815(a)(2)
of the NDAA for FY 2008. This proposed rule implements special
requirements and procedures related to the validation of a contractors
or subcontractors asserted restrictions on technical data and computer
software.
Dates: Comments on the proposed rule should be submitted
to the address shown below on or before July 6, 2010, to be considered
in the formulation of the final rule.
DFARS Case
2008-D050, Marking of Government-Furnished Property, Proposed rule,
75 Fed. Reg. 25160, May 07, 2010.
SUMMARY: DoD is issuing
a proposed rule to require contractors to tag, label, or mark items of
Government-furnished property identified in the contract when the
Government-furnished material and Government-furnished property are
subject to serialized item management.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 6, 2010, to be
considered in the formation of the final rule.
DFARS Case
2008-D042, Preservation of Tooling for Major Defense Acquisition
Programs, Proposed rule, 75 Fed. Reg. 25159, May 07, 2010.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 815 of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009. Section 815 requires acquisition plans for major weapons systems
to include a plan for the preservation and storage of special tooling
associated with the production of hardware for major defense acquisition
programs through the end of the service life of the related weapons
system.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 6, 2010, to be
considered in the formation of the final rule.
DFARS Case
2008-D049, Reporting of Government Property Lost, Stolen, Damaged, or
Destroyed, Proposed rule, 75 Fed. Reg. 22729, April 30, 2010.
SUMMARY: DoD proposes to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to require contractors to
report loss, theft, damage, and destruction (LTDD) of Government
property to the DCMA “eTools” application.
Dates:
Comments on the proposed rule should be submitted in writing to the
address shown below on or before June 29, 2010 to be considered in the
formation of the final rule.
DFARS Case
2006-D021, Award Fee Contracts, Proposed rule, 75 Fed. Reg. 22728,
April 30, 2010.
SUMMARY: DoD is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to address
award-fee contracts, including eliminating the use of provisional
award-fee payments.
Dates: Comments on the proposed rule should be submitted
to the address shown below on or before June 29, 2010, to be considered
in the formation of the final rule
DFARS Case
2008-D047, Government- Assigned Serial Number Marking, Proposed
rule, 75 Fed. Reg. 22727, April 30, 2010.
SUMMARY: DoD
proposes to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to require contractors to apply Governmentassigned serial
numbers in humanreadable format on major end items, when required by
law, regulation, or military operational necessity.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before June 29, 2010, to be
considered in the formation of the final rule.
DFARS Case
2008-D032, Service Contract Surveillance, Final rule, 75 Fed. Reg.
22706, April 30, 2010.
SUMMARY: DoD is issuing a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to ensure that the requirement for a quality assurance
surveillance plan is addressed for each contract with a dollar value
above the simplified acquisition threshold, and that contracts for
services have appropriate performance management or surveillance plans
prepared for the work being performed under the contract.
Dates: Effective Date: April 30, 2010.
DFARS Case 2009-D015, Organizational Conflicts of
Interest in Major Defense Acquisition Programs, Proposed rule, 75
Fed. Reg. 20954, April 22, 2010.
SUMMARY: DoD is
proposing to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement section 207 of the Weapons System Acquisition
Reform Act of 2009.
Dates: Comments on the proposed rule
should be submitted in writing to the address shown below on or before
June 21, 2010, to be considered in the formation of the final rule.
DFARS Case
2009-D004, Minimizing Use of Hexavalent Chromium, Proposed rule, 75
Fed. Reg. 18041, April 08, 2010.
SUMMARY: DoD is
proposing to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to address requirements for minimizing the use of hexavalent
chromium in defense weapon systems, subsystems, components, and other
items. The proposed rule prohibits the delivery of items containing
hexavalent chromium under DoD contracts unless an exception applies.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before June 7, 2010, to be
considered in the formation of the final rule.
DFARS Case
2008-D002, Acquisitions in Support of Operations in Iraq or Afghanistan,
Final rule, 75 Fed. Reg. 18035, April 08, 2010.
SUMMARY:
DoD is adopting as final, with minor changes, an interim rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement sections 886 and 892 of the National Defense Authorization Act
for Fiscal Year 2008. Section 886 provides authority for DoD to limit
competition when acquiring products or services in support of operations
in Iraq or Afghanistan. Section 892 addresses competition requirements
for the procurement of small arms for assistance to Iraq or Afghanistan.
Dates: Effective Date: April 8, 2010.
DFARS Case
2006-D053, Research and Development Contract Type Determination, Final
rule, 75 Fed. Reg. 18034, April 08, 2010.
SUMMARY:
DoD is adopting as final, without change, an interim rule that requires
the Milestone Decision Authority (MDA) for a major defense acquisition
program (MDAP) to select the contract type for a development program
that is consistent with the level of program risk in accordance with
section 818 of the National Defense Authorization Act (NDAA) for Fiscal
Year 2007.
Dates: Effective Date: April 8, 2010.
DFARS Case
2004-D010, Export- Controlled Items, Final rule, 75 Fed. Reg. 18030,
April 08, 2010.
SUMMARY: DoD is adopting as final, with
changes, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to address requirements for complying with
export control laws and regulations when performing DoD contracts. The
rule recognizes contractor responsibilities to comply with existing
Department of Commerce and Department of State regulations and
prescribes a contract clause to address those responsibilities.
Dates: Effective Date: April 8, 2010.
DFARS Case 2008-D028, Safeguarding Unclassified
Information, Advance notice of proposed rulemaking (ANPR) and notice of
public meeting, 75 Fed. Reg. 9563, March 03, 2010.
SUMMARY: DoD is seeking comments from Government and industry
on potential changes to the Defense Federal Acquisition Regulation
Supplement (DFARS) to address requirements for the safeguarding of
unclassified information. The changes would add a new subpart and
associated contract clauses for the safeguarding, proper handling, and
cyber intrusion reporting of unclassified DoD information within
industry.
Dates: Public Meeting: A public meeting will
be held on April 22, 2010, from 8 a.m. to 4 p.m. EST. Attendees should
register for the public meeting at least 2 weeks in advance to ensure
adequate room accommodations. Registrants will be given priority if room
constraints require limits on attendance. Attendees wishing to make a
short, issue-based 10- minute presentation on this topic should submit a
copy of the presentation to the address shown below.
DFARS Case 2008-D023, Additional Requirements Applicable
to Multiyear Contracts, Interim rule, 75 Fed. Reg. 9114, March 01,
2010
SUMMARY: DoD is issuing this interim rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement Section 811 of the National Defense Authorization Act (NDAA)
for Fiscal Year 2008. Section 811 is applicable to multiyear contracts
for the procurement of major systems of DoD. This interim rule also
implements section 8008 of the Fiscal Year 2007 Defense Appropriations
Act, and the same language in subsequent DoD appropriations acts.
Section 8008 specifically addresses multiyear procurement of aircraft.
Dates: Effective March 1, 2010. Comments on the interim
rule should be submitted to the address shown below on or before April
30, 2010 to be considered in the formation of the final rule.
DFARS-
Acquisition Strategies To Ensure Competition Throughout the Life Cycle
of Major Defense Acquisition Programs, Interim rule, 75 Fed. Reg.
8272, February 24, 2010.
SUMMARY: DoD is issuing an
interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement the Weapon Systems Acquisition Reform
Act of 2009, section 202, Acquisition Strategies to Ensure Competition
throughout the Lifecycle of Major Defense Acquisition Programs.
Dates: Effective Date: February 24, 2010.
Comment
Date: Comments on this interim rule should be submitted in writing
to the address shown below on or before April 26, 2010, to be considered
in the formation of the final rule
DFARS Case 2008-D005, Limitation on Procurements on Behalf of DoD, Final rule, 75 Fed. Reg. 6819, February 11, 2010.
SUMMARY: DoD is adopting as final, with changes, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address statutory provisions relating to interagency procurements on behalf of DoD. The final rule adds new policy at to address Section 801(b) requirements and expands existing DFARS definitions.
Dates: Effective Date: March 15, 2010.
DFARS, Part 205, Publicizing Contract Actions, Notice and request for comments regarding a proposed extension of an approved information collection requirement., 75 Fed. Reg. 686, February 08, 2010
SUMMARY: In compliance with Section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), DoD announces the proposed extension of a public information collection requirement and seeks public comment on the provisions thereof. DoD invites comments on: (a)
Whether the proposed collection of information is necessary for the proper performance of the functions of DoD, including whether the information will have practical utility; (b) the accuracy of the estimate of the burden of the proposed information collection; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the information collection on respondents, including the use of automated collection techniques or other forms of information technology. The Office of Management and Budget (OMB) has approved this information collection requirement for use through October 31, 2010. DoD proposes that OMB extend its approval to expire three years after the approval date.
Dates: DoD will consider all comments received by April 9, 2010.
DFARS Case 2008-D046, Trade AgreementsCosta Rica and Peru, Final rule, 75 Fed. Reg. 3179, January 20, 2010.
SUMMARY: DoD is converting the interim rule issued on July 29, 2009 (74 FR 37650) to a final rule without change. The interim rule amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Dominican RepublicCentral AmericaUnited States Free Trade Agreement with respect to Costa Rica, and the United States-Peru Trade Promotion Agreement. The trade agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials and specify procurement procedures designed to ensure fairness.
Dates: Effective date: January 20, 2010.
DFARS Case 2006-D051, Lead System Integrators, Final rule, 75 Fed. Reg. 3178, January 20, 2010.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 802 of
the National Defense Authorization Act for Fiscal Year 2008. Section 802 places limitations on the award of new contracts for lead system integrator functions in the acquisition of major DoD systems.
Dates: Effective Date: January 20, 2010.
DFARS Case 2009- D038, Business SystemsDefinition and Administration, Proposed rule, 75 Fed. Reg. 2457, January 15, 2010.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to improve the effectiveness of DoD oversight of contractor business systems.
Dates: Interested parties should submit comments in writing to the address shown below on or before March 16, 2010.
DFARS Case 2009-D012, Foreign Participation in Acquisitions in Support of Operations in Afghanistan, Proposed rule, 75 Fed. Reg. 832, January 06, 2010.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement: Waiver of the section 302(a) of the Trade Agreements Act of 1979, as amended, which prohibits acquisitions of products or services from non- designated countries, in order to allow acquisition from the nine South Caucasus/Central and South Asian (SC/ CASA) states; and Determination of inapplicability of the Balance of Payments Program evaluation factor to offers of products (other than arms, ammunition, or war materials) from the SC/CASA states to support operations in Afghanistan.
Dates: Comment date: Comments on the proposed rule should be submitted in writing to the address shown below on or before March 9, 2009 to be considered in the formulation of the final rule.
DFARS Case 2006-D055, Technical Data and Computer Software Requirements for Major Weapon Systems, Final rule, 74 Fed. Reg. 68699, December 29, 2009.
SUMMARY: DoD is adopting as final, with a minor change, the interim rule that amended the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 802(a) of the National Defense Authorization Act for Fiscal Year 2007 and DoD policy requirements. Section 802(a) contains requirements for DoD to assess long- term technical data needs when acquiring major weapon systems and subsystems. DoD policy requires similar assessment for computer software needs.
Dates: Effective Date: December 29, 2009.
DFARS Case 2008- D009, Statutory Waiver for Commercially Available Off- the-Shelf Items, Final rule, 74 Fed. Reg. 68384, December 24, 2009.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform to the FAR changes implementing the waiver of the component test of the Buy American Act to contracts and subcontracts. The Federal Acquisition Regulation (FAR) Case 2000305 implemented 41 U.S.C. 431 with respect to the inapplicability of certain laws to contracts and subcontracts for the acquisition of commercially available off-the-shelf (COTS) items.
Dates: Effective Date: December 24, 2009.
DFARS Case 2005-D010, Definitions of Component and Domestic Manufacture, Final rule, 74 Fed. Reg. 68383, December 24, 2009.
SUMMARY: DoD is issuing this final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the definitions of “component” and “domestic manufacture” as they relate to policy on foreign acquisition.
Dates: Effective date: December 24, 2009.
DFARS Case 2007-D004 Allowability of Costs To Lease Government Equipment for Display or Demonstration, Final rule, 74 Fed. Reg. 68382, December 24, 2009.
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address limitations on the allowability of contractor costs associated with the leasing of Government equipment for display or demonstration. The rule specifies that monies paid to the Government for the leasing of Government equipment are unallowable, except in the case of foreign military sales contracts.
Dates: Effective Date: December 24, 2009.
DFARS Case 2009-D010, World Trade Organization Government Procurement Agreement Designated Country, Interim rule, 74 Fed. Reg. 61045, November 23, 2009.
SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Taiwan as a designated country to the list of World Trade Organization Government Procurement Agreement designated countries in the trade agreements provisions and clauses in part 252, due to the accession of Taiwan to the World Trade Organization Government Procurement Agreement.
Dates: Effective Date: November 23, 2009.
Comment date: Comments on the interim rule should be submitted to the address shown below on or before January 22, 2010, to be considered in the formulation of the final rule.
DFARS Case 2008-D039, Government Rights in the Design of DoD Vessels, Interim rule, 74 Fed. Reg. 61043, November 23, 2009.
SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 825 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110417). Section 825 clarifies the Governments rights in technical data in the designs of DoD vessels, boats, craft, and components thereof. This interim rule also implements the Vessel Hull Design Protection Amendments of 2008 (Pub. L. 110434).
Dates: Effective date: November 23, 2009.
Comment date: Comments on the interim rule should be submitted to the address shown below on or before January 22, 2010, to be considered in the formation of the final rule.
DFARS Case 2008-D038, Steel for Military Construction Projects, Final rule, 74 Fed. Reg. 59916, November 19, 2009.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 108 of the Military Construction and Veterans Affairs Appropriations Act, 2009. Section 108 requires that American steel producers, fabricators, and manufacturers be given the opportunity to compete for contracts and subcontracts for the acquisition of steel for use in military construction projects or activities.
Dates: Effective Date: November 19, 2009.
DFARS
Case 2008-D030, Pilot Program for Transition to Follow-On Contracting
After Use of Other Transaction Authority, Final rule, 74 Fed. Reg.
59916, November 19, 2009.
SUMMARY: DoD has adopted as
final, without change, an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 824 of
the National Defense Authorization Act for Fiscal Year 2009. Section 824
amended the DoD pilot program for transition to follow-on contracting
after use of other transaction authority, to establish a new program
expiration date and to include items developed under research projects
within the scope of the program.
Dates: Effective Date: November 19, 2009.
DFARS Case
2008-D015, Competition Requirements for Purchases From Federal Prison
Industries, Final rule, 74 Fed. Reg. 59914, November 19, 2009.
SUMMARY: DoD has adopted as final, without change, an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement section 827 of the National Defense Authorization
Act for Fiscal Year 2008. Section 827 requires the use of competitive
procedures in the acquisition of items for which Federal Prison
Industries has a significant market share.
Dates: Effective Date: November 19, 2009.
DFARS Case 2008-D012, Whistleblower Protections for Contractor Employees, Final rule, 74 Fed. Reg. 59914, November 19, 2009.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 846 of the National Defense Authorization Act for Fiscal Year 2008 and section 842 of the National Defense Authorization Act for Fiscal Year 2009. These laws address protections for contractor employees who disclose information to Government officials with regard to waste or mismanagement, danger to public health or safety, or violation of law related to a DoD contract.
Dates: Effective Date: November 19, 2009.
DFARS Case 2008-D007, Senior DoD Officials Seeking Employment With Defense Contractors, Final rule, 74 Fed. Reg. 59913, November 19, 2009.
SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 847 of the National Defense Authorization Act for Fiscal Year 2008. Section 847 addresses requirements for senior DoD officials to obtain a post-employment ethics opinion before accepting compensation from a DoD contractor within two years after leaving DoD service.
Dates: Effective Date: November 19, 2009.
DFARS Case 2009-D005, Restriction on Research and DevelopmentDeletion of Obsolete Text, Final rule, 74 Fed. Reg. 53413, October 19, 2009.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove obsolete text addressing a restriction on awards to foreign entities for DoD research and development. The restriction implemented a statutory provision that is no longer in effect.
Dates: Effective Date: October 19, 2009.
DFARS Case 2009-D001,DoD Inspector General Address , Final rule, 74 Fed. Reg. 53412, October 19, 2009.
SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add the address of the DoD Inspector General office designated for receipt of information relating to a possible contractor violation of Federal criminal law or the civil False Claims Act.
Dates: Effective Date: October 19, 2009.
DFARS Case 2008-D034, Management of Unpriced Change
Orders. Proposed rule, 74 Fed. Reg. 37669, July 29, 2009.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for
DoD management and oversight of unpriced change orders in a manner
consistent with the management and oversight requirements that apply to
other undefinitized contract actions.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before September 28, 2009,
to be considered in the formation of the final rule.
DFARS Case 2008-D040, Motor Carrier Fuel Surcharge,
Interim rule, 74 Fed. Reg. 37652, July 29, 2009.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
884 of the National Defense Authorization Act for Fiscal Year 2009.
Section 884 requires DoD to ensure that fuel-related adjustments in
contracts for carriage are passed through to the person bearing the cost
of the fuel to which the adjustment relates.
Dates: Effective date: July 29, 2009.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before September 28, 2009, to be
considered in the formation of the final
rule.
DFARS Case 2008-D046, Trade AgreementsCosta Rica and
Peru, Interim rule, 74 Fed. Reg. 37650, July 29, 2009.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement the
Dominican Republic-Central America-United States Free Trade Agreement
with respect to Costa Rica, and the United States-Peru Trade Promotion
Agreement. The trade agreements waive the applicability of the Buy
American Act for some foreign supplies and construction materials and
specify procurement procedures designed to ensure fairness.
Dates: Effective date: July 29, 2009.
DFARS Case 2008-D029, Requirements Applicable to
Undefinitized Contract Actions, Final rule, 74 Fed. Reg. 37649, July
29, 2009.
SUMMARY: DoD has issued a final rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to address
requirements for DoD management and oversight of undefinitized contract
actions, consistent with the provisions of Section 809 of the National
Defense Authorization Act for Fiscal Year 2008.
Dates: Effective Date: July 29, 2009.
DFARS Case 2007-D008, Protection of Human Subjects in
Research Projects, Final rule, 74 Fed. Reg. 37648, July 29, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for the protection of human subjects involved in research
projects. The rule contains a clause for use in contracts that include
or may include research involving human subjects.
Dates: Effective Date: July 29, 2009.
DFARS Case 2007-D020, Government Property, Final rule,
74 Fed. Reg. 37645, July 29, 2009.
SUMMARY: DoD has
issued a final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to update text addressing management of Government
property in the possession of contractors. The DFARS changes are
consistent with changes made to the Federal Acquisition Regulation (FAR).
Dates: Effective Date: July 29, 2009.
DFARS Case 2007-D006, Contract Reporting, Final
rule, 74 Fed. Reg. 37644, July 29, 2009.
SUMMARY: DoD
has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to address DoD requirements for reporting
of contract actions in the Federal Procurement Data System.
Dates: Effective Date: July 29, 2009.
DFARS Case 2008-D010, Clarification of Central
Contractor Registration and Procurement Instrument Identification Data
Requirements, Final rule, 74 Fed. Reg. 37642, July 29, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for ensuring the accuracy of contractor information in the
Central Contractor Registration (CCR) database and in contract
documents. Additionally, the rule clarifies requirements for proper
assignment of procurement instrument identification numbers.
Dates: Effective Date: July 29, 2009.
DFARS Case 2008-D003, Restriction on Acquisition of
Specialty Metals,Final rule, 74 Fed. Reg. 37626, July 29, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address statutory
restrictions on the acquisition of specialty metals not melted or
produced in the United States. The rule implements Section 842 of the
National Defense Authorization Act for Fiscal Year 2007 and Sections 804
and 884 of the National Defense Authorization Act for Fiscal Year 2008.
Dates: Effective Date: July 29, 2009.
DFARS Case 2008-D035, Peer Reviews of Contracts, Final
rule, 74 Fed. Reg. 37625, July 29, 2009.
SUMMARY: DoD
has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to address requirements for Peer Reviews
of DoD solicitations and contracts. Such reviews will promote quality
and consistency in DoD contracting.
Dates: Effective Date: July 29, 2009.
DFARS Case 200-D011, Acquisition of Commercial Items,
Interim rule, 74 Fed. Reg. 35825, July 21, 2009.
SUMMARY: DoD is making a correction to the interim rule
published at 74 FR 34263 on July 15, 2009, which amended the Defense
Federal Acquisition Regulation Supplement (DFARS) to address the
conditions under which a time-and-materials or labor-hour contract may
be used for the acquisition of commercial items. This correction
clarifies the types of services to which the rule applies.
Dates: Effective date: July 21, 2009.
DFARS Case 2007-D011, Letter Contract Definitization
Schedule, Proposed rule, 74 Fed. Reg. 34292, July 15,2009.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify requirements
regarding definitization of letter contracts. The rule specifies that
DoD letter contracts will be definitized using the DFARS procedures
applicable to all other undefinitized contract actions.
Dates: Comments on the proposed rule should be submitted in
writing to the address shown below on or before September 14, 2009, to
be considered in the formation of the final rule.
DFARS Case 2008-D005, Limitation on Procurements on
Behalf of DoD,Interim rule, 74 Fed. Reg. 34270, July 15,2009.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
801 of the National Defense Authorization Act for Fiscal Year 2008.
Section 801 addresses internal controls for procurements made by non-DoD
agencies on behalf of DoD.
Dates: Effective date: July 15, 2009.
DFARS Case 2008-D044, Use of Commercial Software, Final
rule, 74 Fed. Reg. 34269, July 15,2009.
SUMMARY: DoD
has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 803 of the National
Defense Authorization Act for Fiscal Year 2009. Section 803 requires DoD
to identify and evaluate, at all stages of the acquisition process,
opportunities for the use of commercial computer software and other
nondevelopmental software.
Dates: Effective Date: July 15, 2009.
DFARS Case 2006-D051, Lead System Integrators, Interim
rule, 74 Fed. Reg. 34266, July 15,2009.
SUMMARY: DoD
has issued an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 802 of the National
Defense Authorization Act for Fiscal Year 2008. Section 802 places
limitations on the award of new contracts for lead system integrator
functions in the acquisition of major DoD systems.
Dates: Effective date: July 15, 2009.
Comment
date: Comments on the interim rule should be submitted in writing
to the address shown below on or before September 14, 2009, to be
considered in the formation of the final rule.
DFARS Case 2006-D013, Lease of Vessels, Aircraft, and
Combat Vehicles, Final rule, 74 Fed. Reg. 34265, July 15,2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement statutory
provisions relating to the leasing of vessels, aircraft, and combat
vehicles. The rule applies to long-term leases and charters and to
contracts with a substantial termination liability.
Dates: Effective Date: July 15, 2009.
DFARS Case 2008-D011; Acquisition of Commercial Items,
Interim rule, 74 Fed. Reg. 34263, July 15,2009.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Sections
805 and 815 of the National Defense Authorization Act for Fiscal Year
2008. The rule specifies the conditions under which a time-and-materials
or laborhour contract may be used for the acquisition of commercial
items. In addition, the rule addresses the conditions under which major
weapon systems and subsystems may be treated as commercial items.
Dates: Effective date: July 15, 2009.
Defense Base
Act Insurance Acquisition Strategy; Questions for Industry and Other
Interested Parties AGENCY: Defense Acquisition Regulations System,
Department of Defense (DoD), Request for public input, 74 Fed. Reg.
13197, March 26, 2009.
SUMMARY: DoD is soliciting
information and feedback from defense contractors, insurance industry
representatives, and others, on DoDs requirement to develop a
comprehensive acquisition strategy for Defense Base Act insurance that
will address provisions of Section 843 of the National Defense
Authorization Act for Fiscal Year 2009. Responses must be limited to no
more than 20 pages.
Dates: Submit written comments to
the address shown below on or before April 3, 2009.
DFARS Case 2008-D036, Removal of North Korea From the List
of Terrorist Countries, Final rule, 74 Fed. Reg. 2421, January 15,
2009.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to remove
North Korea from the list of terrorist countries subject to a
prohibition on DoD contract awards. This change is a result of the State
Departments removal of North Korea from the list of countries
designated as state sponsors of terrorism.
Dates:
Effective Date: January 15, 2009.
DFARS Case 2006-50, Security Guard Functions, Final
rule, 74 Fed. Reg. 2421, January 15, 2009.
SUMMARY:
DoD has adopted as final, without change, an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
Section 343 of the National Defense Authorization Act for Fiscal Year
2008. Section 343 extended, through September 30, 2012, the period
during which contractor performance of security-guard functions at
military installations or facilities is authorized to fulfill additional
requirements resulting from the terrorist attacks on the United States
on September 11, 2001.
Dates: Effective Date: January 15, 2009.
DFARS Case 2006-D035, DoD Law of War Program, Final
rule, 74 Fed. Reg. 2418, January 15, 2009.
SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to address requirements for DoD
contractors to institute effective programs to prevent violations of the
law of war by contractor personnel authorized to accompany U.S. Armed
Forces deployed outside the United States.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D017, Delegation of Authority for Single
Award Task or Delivery Order Contracts, Final rule, 74 Fed. Reg.
2416, January 15, 2009.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to address Federal Acquisition Regulation provisions that permit
the award of a single source task or delivery order contract exceeding
$100 million, if the head of the agency determines it is necessary in
the public interest. The DFARS rule specifies that the authority to make
such a determination may not be delegated below the level of the senior
procurement executive.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D022, Responsible Prospective Contractors,
Final rule, 74 Fed. Reg. 2414, January 15, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address use of the
Past Performance Information Retrieval System (PPIRS) in determining
contractor responsibility. PPIRS is a Web-based application that stores
information regarding contractor performance on Government contracts.
Dates: Effective Date: January 15, 2009.
DFARS Case 2007-D022, Clean Air Act and Clean Water Act
Exemptions, Final rule, 74 Fed. Reg. 2414, January 15, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address the
procedures that apply when it is necessary to award to a contractor that
is otherwise excluded from Federal procurement programs due to a
violation of the Clean Air Act or the Clean Water Act.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D025, List of Firms Owned or Controlled by
the Government of a Terrorist Country, Final rule, 74 Fed. Reg.
2413, January 15, 2009.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to address procedures for notifying the appropriate DoD office
of any information indicating that a firm or a subsidiary of a firm may
be owned or controlled by the Government of a terrorist country. The
notifications will facilitate maintenance of a list of such firms, as
required by statute.
Dates: Effective Date: January 15, 2009.
DFARS Case 2004-D003, U.S.- International Atomic Energy
Agency Additional Protocol, Final rule, 74 Fed. Reg. 2411, January
15, 2009.
SUMMARY: DoD has issued a final rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to add a
contract clause requiring a contractor to notify DoD if the contractor
is required to report its activities under the U.S.-International Atomic
Energy Agency Additional Protocol. The clause will be included in
contracts for research and development or major defense acquisition
programs involving fissionable materials, other radiological source
materials, or technologies directly related to nuclear power production.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D037, Separation of Senior Roles in Source
Selection, Final rule, 74 Fed. Reg. 2407, January 15, 2009.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for the separation of functions in source selection. The
rule requires the military departments and defense agencies to certify
every two years that no senior leader has performed multiple roles in
the acquisition of a major weapon system or major service.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D026, Contract Actions Supporting
Contingency Operations or Facilitating Defense Against or Recovery From
Nuclear, Biological, Chemical, or Radiological Attack, Final rule,
74 Fed. Reg. 2407, January 15, 2009.
SUMMARY: DoD has
issued a final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to address determination requirements with regard to
the use of emergency acquisition flexibilities for contract actions
supporting contingency operations or facilitating defense against or
recovery from nuclear, biological, chemical, or radiological attack. The
rule lowers the DoD level of approval for such determinations.
Dates: Effective Date: January 15, 2009.
DFARS Case 2008-D024, Para-Aramid Fibers and Yarns
Manufactured in a Qualifying Country, Interim rule, 73 Fed. Reg.
76970, December 18, 2008.
SUMMARY: DoD has issued an
interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement a determination made by the Under
Secretary of Defense for Acquisition, Technology, and Logistics with
regard to the acquisition of items containing para-aramid fibers and
yarns manufactured in a foreign country. The determination authorizes
DoD to acquire articles containing paraaramid fibers and yarns
manufactured in foreign countries that have entered into a defense
memorandum of understanding with the United States.
Dates: Effective date: December 18, 2008.
Comment date: Comments on the interim rule
should be submitted in writing to the address shown below on or before
February 17, 2009, to be considered in the formation of the final rule
DFARS Case 2008-D021, Payment Protections for
Subcontractors and SuppliersDeletion of Duplicative Text, Final rule,
73 Fed. Reg. 76969, December 18, 2008.
SUMMARY: DoD
has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to update the list of laws inapplicable to
contracts and subcontracts for the acquisition of commercial items. The
rule removes a law addressing payment protections for subcontractors and
suppliers from the DFARS list, since this law has been added to the FAR
list of laws inapplicable to contracts and subcontracts for the
acquisition of commercial items.
Dates: Effective Date: December 18,
2008.
DFARS Case 2008-D019, Least Developed Countries That Are
Designated Countries, Final rule, 73 Fed. Reg. 70913, November 24,
2008.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update the
list of least developed countries that are designated as eligible
countries under the Trade Agreements Act, in accordance with direction
from the United States Trade Representative.
Dates: Effective Date: November 24, 2008.
DFARS Case 2007-D021, Limitations on DoD Non-Commercial
Time-and- Materials Contracts, Final rule, 73 Fed. Reg. 70912,
November 24, 2008.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to address review and documentation requirements pertaining to the use
of time-and-materials contracts for the acquisition of noncommercial
services. The rule provides for the same level of review for both
commercial and non-commercial DoD time-and-materials contracts.
Dates: Effective Date: November 24, 2008.
DFARS Case 2007-D001, Carriage Vessel Overhaul, Repair, and
Maintenance, Final rule, 73 Fed. Reg. 70909, November 24, 2008.
SUMMARY: DoD has adopted as final, with changes, an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement Section 1017 of the National Defense Authorization
Act for Fiscal Year 2007. Section 1017 requires DoD to establish an
evaluation criterion, for use in obtaining carriage of cargo by vessel,
that considers the extent to which an offeror has had overhaul, repair,
and maintenance work for covered vessels performed in shipyards located
in the United States or Guam.
Dates: Effective Date: November 24, 2008.
DFARS Case 2005-D015, Reports of Government Property, Final
rule, 73 Fed. Reg. 70906, November 24, 2008.
SUMMARY:
DoD has adopted as final, with changes, an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update
requirements for reporting of Government property in the possession of
DoD contractors. The rule replaces DD Form 1662 reporting requirements
with requirements for DoD contractors to electronically submit, to the
Item Unique Identification (IUID) Registry, the IUID data applicable to
the Government property in the contractors possession.
Dates: Effective Date: November 24, 2008.
DFARS Case 2007, D008-Protection of Human Subjects in
Research Projects, Proposed rule, 73 Fed. Reg. 63666, October 27,
2008.
SUMMARY: DoD is proposing to amend the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for the protection of human subjects involved in research
projects. The proposed rule contains a clause for use in contracts that
include or may include research involving human subjects.
Dates: Comments on the proposed rule should be submitted in
writing to the address shown below on or before December 26, 2008, to be
considered in the formation of the final rule.
DFARS Case 2008-D010, Clarification of Central Contractor
Registration and Procurement Instrument Identification Data
Requirements, Proposed rule, 73 Fed. Reg. 62239, October 20,
2008.
SUMMARY: DoD is proposing to amend the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for ensuring the accuracy of contractor information in the
Central Contractor Registration (CCR) database and in contract
documents. Additionally, the proposed rule clarifies requirements for
proper assignment of procurement instrument identification numbers.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before December 19, 2008, to
be considered in the formation of the final rule
DFARS
Case 2006-D014, Evaluation Factor for Use of Members of the Selected
Reserve, Final rule, 73 Fed. Reg. 62211, October 20, 2008.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
819 of the National Defense Authorization Act for Fiscal Year 2006.
Section 819 authorizes DoD to use an evaluation factor that considers
whether an offeror intends to perform a contract using employees or
individual subcontractors who are members of the Selected Reserve.
Dates: Effective Date: October 20, 2008.
DFARS Case 2007D020, Government Property, Proposed
rule, 73 Fed. Reg. 55007, September 24, 2008.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text addressing
management of Government property in the possession of contractors. The
DFARS changes are consistent with changes made to the Federal
Acquisition Regulation (FAR).
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before November 24, 2008, to
be considered in the formation of the final rule.
DFARS Case 2006 D050, Security- Guard Functions, Interim
rule, 73 Fed. Reg. 53156, September 15, 2008.
SUMMARY:
DoD has issued an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 343 of the National
Defense Authorization Act for Fiscal Year 2008. Section 343 extends,
through September 30, 2012, the period during which contractor
performance of security-guard functions at military installations or
facilities is authorized to fulfill additional requirements resulting
from the terrorist attacks on the United States on September 11, 2001.
Dates: Effective date: September 15, 2008.
Comment date: Comments on the interim rule
should be submitted to the address shown below on or before November 14,
2008, to be considered in the formation of the final rule.
DFARS Case 2008D013, Limitation on Service Contracts for
Military Flight Simulators, Final rule, 73 Fed. Reg. 53156,
September 15, 2008.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 883(b) of the National Defense Authorization Act
for Fiscal Year 2008. Section 883(b) changed the conditions under which
DoD may waive the prohibition on entering into a service contract to
acquire a military flight simulator.
Dates: Effective
Date: September 15, 2008.
DFARS Case 2008D002Acquisitions in Support of Operations
in Iraq or Afghanistan, Interim rule, 73 Fed. Reg. 53151, September
15, 2008.
SUMMARY: DoD has issued an interim rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement Sections 886 and 892 of the National Defense Authorization Act
for Fiscal Year 2008. Section 886 provides authority for DoD to limit
competition when acquiring products or services in support of operations
in Iraq or Afghanistan. Section 892 addresses competition requirements
for the procurement of small arms for assistance to Iraq or Afghanistan.
Dates: Effective date: September 15, 2008.
Comment date: Comments on the interim rule
should be submitted in writing to the address shown below on or before
November 14, 2008, to be considered in the formation of the final rule.
DFARS Case
2004D003, U.S.- International Atomic Energy Agency Additional Protocol,
Proposed rule, 73 Fed. Reg. 48185, August 18, 2008.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to add a contract clause
requiring a contractor to notify DoD if the contractor is required to
report its activities under the U.S.-International Atomic Energy Agency
Additional Protocol. The clause would be included in contracts for
research and development or major defense acquisition programs involving
fissionable materials, other radiological source materials, or
technologies directly related to nuclear power production.
Dates: Comments on the proposed rule should be submitted in
writing to the address shown below on or before October 17, 2008, to be
considered in the formation of the final rule.
DFARS Case
2007-D007, Item Identification and Valuation Clause Update, Final
rule, 73 Fed. Reg. 46819, August 12, 2008.
SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to update and clarify requirements for
unique identification and valuation of items delivered under DoD
contracts. The rule revises the applicable contract clause to reflect
the current requirements.
Dates: Effective Date: August
12, 2008.
DFARS Case
2007-D023, Trade AgreementsNew Thresholds, Final rule, 73 Fed. Reg.
46818, August 12, 2008.
SUMMARY: DoD has adopted as final,
without change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to incorporate increased dollar thresholds
for application of the World Trade Organization Government Procurement
Agreement and the Free Trade Agreements, as determined by the United
States Trade Representative.
Dates: Effective Date:
August 12, 2008.
DFARS Case
2007-D016, Ship Critical Safety Items, Final rule, 73 Fed. Reg.
46817, August 12, 2008.
SUMMARY: DoD has adopted as final,
without change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 130 of the National
Defense Authorization Act for Fiscal Year 2007. Section 130 requires DoD
to establish a quality control policy for the procurement, modification,
repair, and overhaul of ship critical safety items.
Dates:
Effective Date: August 12, 2008.
DFARS Case
2008-D004, Conforming ChangesStandards of Conduct and Extraordinary
Contractual Actions, Final rule, 73 Fed. Reg. 46814, August 12,
2008.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update text
addressing contractor standards of conduct and the handling of
extraordinary contractual actions. The DFARS changes are consistent with
changes made to the Federal Acquisition Regulation.
Dates: Effective Date: August 12, 2008.
DFARS Case
2008-D001, Small Business Program Name Change, Final rule, 73 Fed.
Reg. 46813, August 12, 2008.
SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to reflect the redesignation of the “Office of Small
and Disadvantaged Business Utilization” to the “Office of Small
Business Programs” within DoD. The redesignation resulted from Section
904 of the National Defense Authorization Act for Fiscal Year 2006.
Dates: Effective Date: August 12, 2008.
DFARS Case
2008D003, Restriction on Acquisition of Specialty Metals, Proposed
rule, 73 Fed. Reg. 42300, July 21, 2008.
SUMMARY: DoD
is proposing to amend the Defense Federal Acquisition Regulation
Supplement (DFARS) to address statutory restrictions on the acquisition
of specialty metals not melted or produced in the United States. The
proposed rule implements Section 842 of the National Defense
Authorization Act for Fiscal Year 2007 and Sections 804 and 884 of the
National Defense Authorization Act for Fiscal Year 2008.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before September 19, 2008,
to be considered in the formation of the final rule.
DFARS Case
2004-D010, Export-Controlled Items, Interim rule, 73 Fed. Reg.
42274, July 21, 2008.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to address requirements for complying with export control laws
and regulations when performing DoD contracts. The rule recognizes
contractor responsibilities to comply with existing Department of
Commerce and Department of State regulations. The rule adds two new
clauses to be used when export-controlled items, including information
or technology, are expected to be involved in the performance of a
contract, or when there is a possibility that export-controlled items,
including information or technology, may come to be involved during the
period of performance of the contract.
Dates: Effective date: July 21, 2008. Comment date:
Comments on the interim rule should be submitted in writing to the
address shown below on or before September 19, 2008, to be considered in
the formation of the final rule.
Reinstitution of Small Business Set- Asides for Certain Acquisitions
Under the Small Business Competitiveness Demonstration Program,
Notice, 73 Fed. Reg. 39883, June 16, 2008.
SUMMARY:
The Director, Defense Procurement, Acquisition Policy, and Strategic
Sourcing has reinstituted the use of small business set-aside procedures
for solicitations issued under the Designated Industry Groups (DIGs),
including Construction (except dredging), Subsector 236Construction of
Buildings; non-nuclear ship repair acquisitions conducted by the
Department of the Navy under North American Industry Classification
System (NAICS) Code 3366111, Product or Service Code J999 (West Coast
only); Architect and Engineering Services (including Surveying and
Mapping); and Refuse Systems and Related Services. The Director, Defense
Procurement, Acquisition Policy, and Strategic Sourcing has also
reinstituted the use of small business set-aside procedures for
construction solicitations issued under specific construction NAICS
codes for the Army, the Navy, the Air Force, the Defense Logistics
Agency, the Defense Information Systems Agency, the Defense Threat
Reduction Agency, the Defense Education Activity, and the U.S. Special
Operations Command. This action is required under the Small Business
Competitiveness Demonstration Program because DoD has failed to attain
its 40 percent goal in these DIGs.
EFFECTIVE DATE: June 2, 2008
Feasibility
of a Reciprocal Defense Procurement Memorandum of Understanding With
Poland, Request for industry feedback regarding experience in public
(particularly defense) procurements conducted by the Republic of
Poland. 73 Fed. Reg. 33992, June 16, 2008.
SUMMARY: DoD is
soliciting information from U.S. industry that has had experience
participating in public defense procurements conducted by or on behalf
of Polands Ministry of National Defense or Armed Forces. DoD is
considering the possibility of negotiating a Reciprocal Defense
Procurement Memorandum of Understanding (RDP MOU) with Poland. The
contemplated MOU would involve reciprocal waivers of buynational laws by
each country. This would mean that Poland would be added to the list of
“qualifying countries” in the Defense Federal Acquisition
Regulation Supplement (DFARS), and that offers of products of Poland
would be exempt from the U.S. Buy American Act and Balance of Payments
Program policy that would otherwise require DoD to add 50 percent to the
price of the foreign products when evaluating offers. This also means
that U.S. products should be exempt from any analogous “Buy
Polish” law or policy applicable to Polands defense procurements.
DoD is interested in industry comments relating to the transparency,
integrity, and general fairness of Polands public (defense) procurement
processes. DoD is also interested in comments relating to the degree of
reciprocity that exists between the United States and Poland when it
comes to the openness of defense procurements to offers of products of
the other country.
Dates: Comments, which will be treated in a confidential
manner, must be received by July 16, 2008
DFARS Case 2006-D057, Excessive Pass-Through
Charges, Interim rule, 73 Fed. Reg. 27464, May 13, 2008.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
852 of the National Defense Authorization Act for Fiscal Year 2007.
Section 852 requires DoD to prescribe regulations to ensure that
pass-through charges on contracts or subcontracts that are entered into
for or on behalf of DoD are not excessive in relation to the cost of
work performed by the relevant contractor or subcontractor.
Dates: Effective date: May 13, 2008.
DFARS Case
2005-D024, Quality Assurance Authorization of Shipment of Supplies,
Proposed rule, 73 Fed. Reg. 21892, April 23, 2008.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise the criteria under
which the contract administration office may permit a contractor to
release supplies for shipment without Government authorization of the
shipping documents. The proposed changes will enable the Government to
provide for the appropriate level of contract quality assurance at
source, based on product complexity and criticality and the contractors
record of quality control.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before June 23, 2008, to be
considered in the formation of the final rule.
DFARS Case
2005-D006, Earned Value Management Systems, Final rule, 73 Fed. Reg.
21846, April 23, 2008.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to update requirements for DoD contractors to establish and
maintain earned value management systems. The rule also eliminates
requirements for DoD contractors to submit cost/schedule status reports.
EFFECTIVE DATE: April 23, 2008.
DFARS Case
2007-D027, Deletion of Obsolete Restriction on Acquisition of Vessel
Propellers, Final rule, 73 Fed. Reg. 21845, April 23, 2008.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to remove text
addressing an obsolete restriction on the acquisition of vessel
propellers from foreign sources. The statute upon which the restriction
was based applied only to acquisitions using fiscal year 2000 or 2001
funds.
EFFECTIVE DATE: April 23, 2008.
DFARS Case
2008-D008,Extension of Authority To Carry Out Certain Prototype
Projects, Final rule, 73 Fed. Reg. 21845, April 23, 2008.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
823 of the National Defense Authorization Act for Fiscal Year 2008.
Section 823 provides a 5-year extension of the authority for DoD to
carry out a pilot program for transition to follow-on contracting after
use of other transaction authority.
EFFECTIVE DATE: April 23, 2008.
Nontraditional
Defense Contractor, Request for public input, 73 Fed. Reg. 21301,
April 21, 2008.
SUMMARY: DoD is interested in creating new
and/or expanding existing pathways for nontraditional contractor
participation in defense procurements. In order to gauge the
Department’s success with respect to this endeavor, DoD is
specifically interested in first establishing a standard Departmentwide
definition for “nontraditional defense contractor” that
would be applied in defense procurements conducted pursuant to the
Federal Acquisition Regulation (FAR) and the Defense FAR Supplement
(DFARS). In support of this initiative, DoD is seeking industry input
with regard to the standards that should be utilized in defining what
constitutes a nontraditional defense contractor and in developing an
appropriate definition for use on a permanent basis.
Dates: Submit written comments to the address shown
below on or before June 20, 2008.
DFARS Case 2005D013, Contractor Personnel
Authorized To Accompany U.S. Armed Forces, Final rule, 73 Fed. Reg.
16764, March 31, 2008.
SUMMARY: DoD has adopted as final,
with changes, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement DoD policy regarding
contractor personnel authorized to accompany U.S. Armed Forces deployed
outside the United States.
Dates: Effective Date: March 31, 2008.
DFARS Case
2006-D049, Mandatory Use of Wide Area WorkFlow, Final rule, 73 Fed.
Reg. 11356, March 03, 2008.
SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to require use of the Wide Area WorkFlow electronic
system for submitting and processing payment requests and receiving
reports under DoD contracts. Use of Wide Area WorkFlow facilitates
timely and accurate payments to DoD contractors.
Dates: Effective Date: March 3, 2008.
DFARS Case
2002-D002, Codification and Modification of Berry Amendment, Final
rule, 73 Fed. Reg. 11354, March 03, 2008.
SUMMARY: DoD
has adopted as final, with changes, an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
832 of the National Defense Authorization Act for Fiscal Year 2002.
Section 832 codified and made modifications to the provision of law
known as the Berry Amendment, which requires the acquisition of
certain items from domestic sources.
Dates: Effective Date: March 3, 2008
Suspension of the Price Evaluation
Adjustment for Small Disadvantaged Businesses, 73 Fed. Reg. 9304,
February 20, 2008.
SUMMARY: The Director of Defense
Procurement and Acquisition Policy has suspended the use of the price
evaluation adjustment for small disadvantaged businesses (SDBs) in DoD
procurements, as required by 10 U.S.C. 2323(e)(3), because DoD exceeded
its 5 percent goal for contract awards to SDBs in fiscal year 2007. The
suspension will be in effect for 1 year and will be reevaluated based on
the level of DoD contract awards to SDBs achieved in fiscal year 2008.
Dates: Effective Date: March 10, 2008. Applicability
Date: This suspension applies to all solicitations issued during
the period from March 10, 2008, to March 9, 2009.
DFARS Case
2007-D010, Payment Withholding—Deletion of Duplicative Text, Final
rule, 73 Fed. Reg. 4116, January 24, 2008.
SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to remove text addressing withholding of
payments under timeand- materials and labor-hour contracts. The DFARS
text is no longer necessary, since similar policy has been added to the
Federal Acquisition Regulation (FAR).
DATES: Effective Date: January 24, 2008.
DFARS Case
2004-D017, Combating Trafficking in Persons, Final rule, 73 Fed.
Reg. 4115, January 24, 2008.
SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to remove text addressing prohibitions on contractor
activities involving trafficking in persons. The DFARS text is no longer
necessary, since policy on this subject has been added to the Federal
Acquisition Regulation (FAR).
DATES: Effective Date: January 24, 2008
DFARS Case
2007-D005, Commercial Item Determinations, Final rule, 73 Fed. Reg.
4114, January 24, 2008.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to address requirements for DoD contracting officers to ensure
that an item meets the definition of “commercial item” specified in
the Federal Acquisition Regulation (FAR), when using commercial item
procedures for acquisitions exceeding $1 million in value.
DATES: Effective Date: January 24, 2008.
DFARS Case 2006-D045, Closeout of
Contract Files, Final rule, 73 Fed. Reg. 4113, January 24, 2008.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to remove text
addressing DoD procedures for closeout of contract files. Text on this
subject has been relocated to the DFARS companion resource, Procedures,
Guidance, and Information.
DATES: Effective Date: January 24, 2008.
DFARS Case
2006-D035, DoD Law of War Program, Proposed rule, 73 Fed. Reg. 1853,
January 10, 2008.
SUMMARY: DoD is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to address
requirements for DoD contractors to institute effective programs to
prevent violations of law of war by contractor personnel authorized to
accompany U.S. Armed Forces deployed outside the United States.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before March 10, 2008 to be
considered in the formation of the final rule.
DFARS Case
2006-D024, Receiving Reports for Shipments, Final rule, 73 Fed. Reg.
1830, January 10, 2008.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to address requirements for the distribution of material
inspection and receiving reports under DoD contracts. The rule clarifies
that two copies of the receiving report must be distributed with each
shipment.
DATES: Effective Date: January 10, 2008.
DFARS Case
2006-D062, New Designated Countries, Final rule, 73 Fed. Reg. 1830,
January 10, 2008.
SUMMARY: DoD has adopted as final,
without change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the Dominican
Republic-Central America-United States Free Trade Agreement with respect
to the Dominican Republic. The rule also includes Bulgaria and Romania
on the list of countries covered by the World Trade Organization
Government Procurement Agreement.
DATES: Effective Date: January 10, 2008.
DFARS Case
2006-D023, Information Assurance Contractor Training and Certification,
Final rule, 73 Fed. Reg. 1828, January 10, 2008.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address training
requirements that apply to contractor personnel who perform information
assurance functions for DoD. Contractor personnel accessing information
systems must meet applicable training and certification requirements.
DATES: Effective Date: January 10, 2008.
DFARS Case
2007-D019, Functions Exempt From Private Sector Performance, Final
rule, 73 Fed. Reg. 1826, January 10, 2008.
SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to address procedures for preparation of
the written determination required by the Federal Acquisition Regulation
(FAR), that none of the functions to be performed by contract are
inherently governmental.
DATES: Effective Date: January 10, 2008.
DFARS Case
2006-D051, Lead System Integrators, Interim rule, 73 Fed. Reg. 1823,
January 10, 2008.
SUMMARY: DoD has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 807 of the National Defense Authorization Act for
Fiscal Year 2007. Section 807 places limitations on contractors acting
as lead system integrators in the acquisition of major DoD systems. Such
contractors may have no direct financial interest in the development or
construction of any individual system or element of any system of
systems unless an exception applies.
DATES: Effective date: January 10, 2008. Comment date:
Comments on the interim rule should be submitted in writing to the
address shown below on or before March 10, 2008, to be considered in the
formation of the final rule.
DFARS Case
2006-D032, DoD Representations and Certifications in the Online
Representations and Certifications Application , Final rule, 73 Fed.
Reg. 1822, January 10, 2008.
SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to address the DFARS provisions included in the
Online Representations and Certifications Application (ORCA). Use of
ORCA eliminates the need for offerors to repetitively submit the same
information in response to Government solicitations.
DATES: Effective Date: January 10, 2008.
DFARS Case 2007-D009, Ground and
Flight Risk Clause, Proposed rule, 71 Fed. Reg. 69177, December 07,
2007.
SUMMARY: DoD is proposing to amend the Defense
Federal Acquisition Regulation Supplement (DFARS) to revise and combine
contract clauses addressing assumption of risk for loss under contracts
involving the furnishing of aircraft to the Government. The proposed
rule establishes requirements that apply consistently to all contract
types.
Dates: Comments on the proposed rule should be submitted
in writing to the address shown below on or before February 5, 2008 to
be considered in the formation of the final rule.
DFARS Case 2001-D015, Patent
Rights- Ownership by the Contractor, Final rule. 71 Fed. Reg. 69159,
December 07, 2007.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to add a clause pertaining to patent rights under contracts awarded to
large business concerns for experimental, developmental, or research
work. The clause is substantially the same as a Federal Acquisition
Regulation (FAR) clause
that has been removed because DoD was
the only agency using the clause.
Dates: Effective Date: December 7, 2007
DFARS CASE 2007-D017, Waiver of
Specialty Metals Restriction for Acquisition of Commercially Available
Off-the-Shelf Items, Final rule, 72 Fed. Reg. 63113, November 08, 2007.
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to waive application of 10 U.S.C.
2533b for acquisitions of commercially available off-the-shelf (COTS) items. 10
U.S.C. 2533b, established by Section 842 of the National Defense Authorization
Act for Fiscal Year 2007, places restrictions on the acquisition of specialty
metals not melted or produced in the United States.
Dates: Effective Date: November 8, 2007
Defense Acquisition Regulations System Negotiation of
a Reciprocal Defense Procurement Memorandum of Understanding With Italy,
Request for Feedback, 72 Fed. Reg. 58832, October 17,2007.
SUMMARY: DoD has had a Reciprocal Defense Procurement (RDP)
Memorandum of Understanding (MOU) with Italy since September 11, 1978. DoD is
commencing negotiation of an updated RDP MOU with Italy and is soliciting input
from U.S. industry that has had experience participating in public defense
procurements conducted by or on behalf of the Italian Ministry of Defense or
Armed Forces. The current RDP MOU involves reciprocal waivers of buy-national
laws by each country; the replacement RDP MOU is expected to continue these
waivers. This means that Italy will continue to be listed as one of the
“qualifying countries” in the Defense Federal Acquisition Regulation
Supplement (DFARS) at 225.8721, and continue to be exempt from the U.S. Buy
American Act and Balance of Payments Program policy that would otherwise require
DoD to add 50 percent to the price of the foreign products when evaluating
offers. This also means that U.S. products should be exempt from any analogous
“Buy Italian” law or policy applicable to procurements by the
Italian Ministry of Defense or Armed Forces. DoD is interested in comments
relating to the transparency, integrity, and general fairness of Italys public
(defense) procurement processes. DoD is also interested in comments relating to
the degree of reciprocity that exists between the United States and Italy when
it comes to the openness of defense procurements to offers of products of the
other country.
Dates: Comments must be received by November 16,
2007.
DFARS Case 2006-D037, Taxpayer Indentification
Numbers ,Final rule, 72 Fed. Reg. 51194, September 06, 2007.
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for validation
of Taxpayer Identification Numbers as part of the Central Contractor
Registration process. The DFARS changes are consistent with changes made to the
Federal Acquisition Regulation.
Dates: EFFECTIVE DATE: September 6, 2007
DFARS Case 2006-D054, Limitation on Contracts for the
Acquisition of Certain Services, Final rule, 72 Fed. Reg. 51193, September
06, 2007.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section
832 of the National Defense Authorization Act for Fiscal Year 2007. Section 832
prohibits DoD from entering into a service contract to acquire a military flight
simulator unless certain waiver criteria apply.
EFFECTIVE DATE: September 6, 2007.
DFARS Case 2006-D050, Security Guard Functions,
Interim rule, 72 Fed. Reg. 51192, September 06, 2007.
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 333 of the
National Defense Authorization Act for Fiscal Year 2007. Section 333 extends,
through September 30, 2009, the period during which contractor performance of
security-guard functions at military installations or facilities is authorized
to fulfill additional requirements resulting from the terrorist attacks on the
United States on September 11, 2001.
Dates: Effective date: September 6, 2007.
Comment
date: Comments on the interim rule should be submitted to the address shown
below on or before November 5, 2007, to be considered in the formation of the
final rule.
DFARS Case 2006-D015, Congressional Notification of
Architect-Engineer Services/Military Family Housing Contracts, Final rule,
72 Fed. Reg. 51191, September 06, 2007.
SUMMARY: DoD has adopted
as final, without change, an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 1031(a)(37) of
the National Defense Authorization Act for Fiscal Year 2004. Section 1031(a)(37)
amended the requirements for submission of a notification to Congress before the
award of a contract for architectural and engineering services or construction
design in connection with military construction, military family housing, or
restoration or replacement of damaged or destroyed facilities.
EFFECTIVE DATE: September 6, 2007.
DFARS Case 006-D030, Labor Reimbursement on DoD Non-
Commercial Time-and-Materials and Labor-Hour Contracts, Final rule, 72 Fed.
Reg. 51189, September 06, 2007.
SUMMARY: DoD has adopted as
final, without change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to provide policy for reimbursing labor costs on
competitively awarded DoD noncommercial time-and-materials and labor-hour
contracts.
EFFECTIVE DATE: September 6, 2007.
DFARS Case 2006-D012, Acquisition of Major Weapon
Systems as Commercial Items , Final rule, 72 Fed. Reg. 51189, September 06,
2007.
SUMMARY: DoD has adopted as final, without change, an
interim rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement Section 803 of the National Defense Authorization Act for
Fiscal Year 2006. Section 803 places limitations on the acquisition of a major
weapon system as a commercial item.
EFFECTIVE DATE: September 6, 2007.
DFARS Case Technical amendments, Air Force and Navy
contracting activities; list update,, rule, 72 Fed. Reg. 51187, September 06,
2007.
SUMMARY: DoD is making technical amendments to the Defense
Federal Acquisition Regulation Supplement (DFARS) to update the list of Air
Force and Navy contracting activities and to remove obsolete text.
EFFECTIVE DATE: September 6, 2007.
DFARS Case 2006-D036, Emergency Acquisitions, Final
rule, 72 Fed. Reg. 51187, September 06, 2007.
SUMMARY: DoD
has adopted as final, without change, an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to provide a single reference
to DoD-unique acquisition flexibilities that may be used to facilitate and
expedite acquisitions of supplies and services during emergency situations.
EFFECTIVE DATE: September 6, 2007.
DFARS Case 2006D049, Mandatory Use of Wide Area
WorkFlow, Proposed rule, 72 Fed. Reg. 45405, August 14, 2007.
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to require use of the Wide Area WorkFlow- Receipt
and Acceptance (WAWFRA) electronic system for submitting and processing payment
requests under DoD contracts. DoD-wide use of WAWFRA will increase the
efficiency of the
payment process.
Dates: Comments on the proposed rule should be submitted in
writing to the address shown below on or before October 15, 2007, to be
considered in the formation of the final rule.
DFARS Case 2006-D066, Payments on Cost-Reimbursement
Contracts for Services, Proposed Rule, 72 Fed. Reg. 42366, August 02,
2007.
SUMMARY: DoD is proposing to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide for interim payments under
cost-reimbursement contracts for services within 30 days, instead of the current
DoD policy of making payments within 14 days. The change will not apply to small
business concerns.
Dates: Comments on the proposed rule should be submitted in
writing to the address shown below on or before October 1, 2007, to be
considered in the formation of the final rule
DFARS Case 2006-D031, Berry Amendment
RestrictionsClothing Materials and Components Covered, Final rule, 72 Fed. Reg.
422315, August 02, 2007.
SUMMARY: DoD has adopted as final,
without change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 833(b) of the National
Defense Authorization Act for Fiscal Year 2006. Section 833(b) expands the
foreign source restrictions applicable to the acquisition of clothing to also
include clothing materials and components, other than sensors, electronics, or
other items added to, and not normally associated with, clothing and the
materials and components thereof.
Dates: Effective Date: August 2, 2007
DFARS Case 2006-D006, Berry Amendment Notification
Requirement, Final rule, 72 Fed. Reg. 42315, August 02, 2007.
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement Section 833(a) of the National Defense Authorization Act for Fiscal
Year 2006. Section 833(a) requires the posting of a notice on the FedBizOpps
Internet site, when certain exceptions to domestic source requirements apply to
an acquisition.
Dates: Effective Date: August 2, 2007.
DFARS Case 2006-D009, Limitations on Tiered
Evaluation of Offers Final rule, 72 Fed. Reg. 42313, August 02, 2007.
SUMMARY: DoD has adopted as final, with changes, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement Section 816 of the National Defense Authorization Act for Fiscal Year
2006. Section 816 requires DoD to prescribe guidance on the use of tiered
evaluation of offers for contracts and for task or delivery orders under
contracts.
Dates: Effective Date: August 2, 2007.
DFARS Case 2007-D013, Waiver of
Specialty Metals Restriction for Acquisition of Commercially Available
Off-the-Shelf Items. Proposed rule, 72 Fed. Reg. 36960, July,02,
2007.
SUMMARY: DoD is proposing to amend the Defense
Federal Acquisition Regulation Supplement (DFARS) to waive application
of 10 U.S.C. 2533b for acquisitions of commercially available
off-the-shelf (COTS) items. 10 U.S.C. 2533b, established by section 842
of the National Defense Authorization Act for Fiscal Year 2007, places
restrictions on the acquisition of specialty metals not melted or
produced in the United States.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before August 1, 2007, to be
considered in the formation of the final rule.
DFARS Contract Financing, Request
for public input, 72 Fed. Reg. 28663, May 22, 2007.
SUMMARY: DoD is conducting a review of the Department’s
contract financing policies. As part of this review, DoD would like to
hear the views of interested parties regarding the effectiveness of the
financing policies
DATES: Submit written comments to the address shown below
on or before July 23, 2007.
DFARS Contract Profit/Fee Polices,
Request for public input, 72 Fed. Reg. 28663, May 22, 2007.
SUMMARY: DoD is conducting a review of the Department’s
contract profit/fee policies. As part of this review, DoD would like to
hear the views of interested parties regarding the effectiveness of the
profit/fee policies presently used for DoD contracts.
DATES: Submit written comments to the address shown below
on or before July 23, 2007.
DFARS Case 2006-D013, Lease of
Vessels, Aircraft, and Combat Vehicles, Proposed rule, 72 Fed. Reg.
28662, May 22, 2007.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition Regulation Supplement (DFARS) to address
statutory provisions relating to leasing. The proposed rule permits the
lease of a vessel, aircraft, or combat vehicle only if the contract will
be longterm or will provide for a substantial termination liability.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before July 23, 2007, to be
considered in the formation of the final rule
DFARS Contract Closeout; Systemic
Issues, Response to Public Comments, 72 Fed. Reg. 28654, May 22, 2007.
SUMMARY: The Director of Defense Procurement and Acquisition
Policy (DPAP) recently completed an assessment of public input on
systemic issues related to contract closeout that were identified in a
public meeting held on September 21, 2005. This assessment has resulted
in recommendations for revisions to policy, guidance, and training
related to contract closeout responsibilities.
DFARS ,Technical Amendments, Final
rule, 72 Fed. Reg. 20765, April 26, 2007.
SUMMARY: DoD
is making technical amendments to the Defense Federal Acquisition
Regulation Supplement (DFARS) to reinstate text that was inadvertently
omitted from a previous amendment and to update references within the
DFARS text.
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2006-D065, Military
Construction on Guam, Final rule, 72 Fed. Reg. 20764, April 26,
2007.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to remove text
addressing a statutory prohibition on the use of nonimmigrant aliens to
perform work under contracts for military construction on Guam. The
statutory prohibition was repealed by Section 2810 of the National
Defense Authorization Act for Fiscal Year 2007.
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2006-D043, Wage
Determinations, Final rule, 72 Fed. Reg. 20763, April 26, 2007.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to update procedures
for obtaining Department of Labor wage determinations for construction
and service contracts. The DFARS amendments are consistent with changes
made to the Federal Acquisition Regulation.
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2003-D047, Small
Business Programs, Final rule, 72 Fed. Reg. 20761, April 26,
2007.
SUMMARY: DoD has issued a final rule amending
Defense Federal Acquisition Regulation Supplement (DFARS) text
pertaining to small business programs. The rule updates and clarifies
policy for contracting with small business and small disadvantaged
business concerns and relocates text to the DFARS companion resource,
Procedures, Guidance, and Information
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2006-D057, Excessive
Pass-Through Charges, Interim rule, 72 Fed. Reg. 20758, April 26,
2007.
SUMMARY: DoD has issued an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
Section 852 of the National Defense Authorization Act for Fiscal Year
2007. Section 852 requires DoD to prescribe regulations to ensure that
pass-through charges on contracts or subcontracts that are entered into
for or on behalf of DoD are not excessive in relation to the cost of
work performed by the relevant contractor or subcontractor.
DATES: Effective date: April 26, 2007. Comment date:
Comments on the interim rule should be submitted in writing to the
address shown below on or before June 25, 2007, to be considered in the
formation of the final rule.
DFARS Case 2006-D046, Deletion of
Obsolete Acquisition Procedures, Final rule, 72 Fed. Reg. 20758,
April 26, 2007.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to remove text relating to obsolete requirements for maintenance of
paper-based solicitation mailing lists and for furnishing of documents
to certain entities.
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2006-D044, Acquisition
Integrity, Final rule, 72 Fed. Reg. 20757, April 26, 2007.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for the separation of Government functions for oversight,
source selection, contract negotiation, and contract award. The rule
contains best practice policies for use by the military departments and
defense agencies.
EFFECTIVE DATE: April 26, 2007.
DFARS Case 2006-D046, Closeout of
Contract Files, Proposed rule, 72 Fed. Reg. 13256, March 27,
2007.
SUMMARY: Federal Acquisition Regulation Supplement
(DFARS) to remove text addressing DoD procedures for closeout of
contract files. The text proposed for removal will be relocated to the
DFARS companion resource, Procedures, Guidance, and Information.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before May 29, 2007, to be
considered in the formation of the final rule
Technical Amendments, Final rule, 72 Fed. Reg. 14329, March 27, 2007.
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update references within the
DFARS text.
EFFECTIVE DATE: March 27, 2007.
DFARS Case 2006-D007, Prohibition on
Acquisition from Communist Chinese Military Companies, Final rule,
72 Fed. Reg. 14239, March 27, 2007.
SUMMARY: DoD has
adopted as final, without change, an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
1211 of the National Defense Authorization Act for Fiscal Year 2006.
Section 1211 prohibits DoD from acquiring United States Munitions List
items from Communist Chinese military companies.
EFFECTIVE DATE: March 27, 2007.
DFARS Case 2005-D009, Electronic
Submission and Processing of Payment Requests, Final rule, 72 Fed.
Reg. 14240, March 27, 2007.
SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to update policy addressing requirements for DoD
contractors to submit payment requests in electronic form. The rule
clarifies the situations under which DoD will grant exceptions to
requirements for electronic submission of payment requests.
EFFECTIVE DATE: March 27, 2007.
DFARS Case 2006-D028, Free Trade
AgreementsGuatemala and Bahrain, Final rule, 72 Fed. Reg. 15241,
March 27, 2007.
SUMMARY: DoD has adopted as final, without
change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the United States-Bahrain
Free Trade Agreement and the Dominican Republic-Central America-United
States Free Trade Agreement with respect to Guatemala. The Free Trade
Agreements waive the applicability of the Buy American Act for some
foreign supplies and construction materials and specify procurement
procedures designed to ensure fairness.
EFFECTIVE DATE: March 27, 2007.
DFARS Case 2006-D019, Free Trade
Agreement El Salvador, Honduras, and Nicaragua, Final rule, 72 Fed.
Reg. 6486, February 12, 2007.
SUMMARY: DoD has adopted as
final, without change, an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement the Dominican
Republic-Central America-United States Free Trade Agreement with respect
to El Salvador, Honduras, and Nicaragua. The Free Trade Agreement waives
the applicability of the Buy American Act for some foreign supplies and
construction materials and specifies procurement procedures designed to
ensure fairness.
EFFECTIVE DATE: February 12, 2007.
DFARS Case 2006-D011, Security
Guard Services Contracts, Final rule, 72 Fed. Reg. 6485, February
12, 2007.
SUMMARY: DoD has adopted as final, without
change, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 344 of the National
Defense Authorization Act for Fiscal Year 2006. Section 344 extends,
through September 30, 2007, the period during which contractor
performance of security-guard functions at military installations or
facilities is authorized to fulfill additional requirements resulting
from the terrorist attacks on the United States on September 11, 2001.
EFFECTIVE DATE: February 12, 2007.
DFARS Case 2003-D010, Protests,
Disputes, and Appeals, Final rule, 72 Fed. Reg. 6485, February 12,
2007.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update text
addressing procedures for processing of contractor claims submitted
under DoD contracts. The rule removes obsolete text and relocates text
to the DFARS companion resource, Procedures, Guidance, and Information.
EFFECTIVE DATE: February 12, 2007.
DFARS Case 2006-D005, Berry
Amendment ExceptionsAcquisition of Perishable Food and Fish, Shellfish,
or Seafood, Final rule, 72 Fed. Reg. 6484, February 12, 2007.
SUMMARY: DoD has adopted as final, without change, an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement Section 831 of the National Defense Authorization
Act for Fiscal Year 2006 and Section 8118 of the Defense Appropriations
Act for Fiscal Year 2005. These statutes relate to the acquisition of
perishable foods for DoD activities located outside the United States,
and the acquisition of domestic fish, shellfish, and seafood.
EFFECTIVE DATE: February 12, 2007.
DFARS Case 2006-D017, Aviation-Into
Plane Reimbursement Card, Final rule, 72 Fed. Reg. 6484, February
12, 2007.
SUMMARY: DoD has issued a final rule amending
the Defense Federal Acquisition Regulation Supplement (DFARS) to update
text pertaining to DoD fuel card programs. The rule addresses use of the
Aviation Into-plane Reimbursement card for purchases of aviation fuel
and oil.
EFFECTIVE DATE: February 12, 2007.
DFARS Case 2006-D002, Radio
Frequency Identification , Final rule, 72 Fed. Reg. 6480, February
12, 2007.
SUMMARY: DoD has adopted as final, with changes,
an interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to include additional commodities and locations that
require package marking with passive radio frequency identification
(RFID) tags. The rule requires contractors to affix passive RFID tags at
the case and palletized unit load levels when shipping packaged
petroleum, lubricants, oils, preservatives, chemicals, additives,
construction and barrier materials, and medical materials to specified
DoD locations.
EFFECTIVE DATE: February 12, 2007
DFARS Case 2006-D037, Taxpayer
Identification Numbers, Proposed rule, 72 Fed. Reg. 2645, January
22, 2007.
SUMMARY: DoD is proposing to amend the Defense
Federal Acquisition Regulation Supplement (DFARS) to address
requirements for validation of Taxpayer Identification Numbers as part
of the Central Contractor Registration process. The proposed changes are
consistent with changes made to the Federal Acquisition Regulation.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before March 23, 2007, to be
considered in the formation of the final rule.
DFARS Case 2006-D023, Information
Assurance Contractor Training and Certification, Proposed rule, 72
Fed. Reg. 2644, January 22, 2007.
SUMMARY: DoD is
proposing to amend the Defense Federal Acquisition Regulation Supplement
(DFARS) to address training requirements that apply to contractor
personnel who perform information assurance functions for DoD. The rule
provides that contractor personnel accessing information systems must
meet applicable training and certification requirements.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before March 23, 2007, to be
considered in the formation of the final rule.
DFARS Case 2004-D008, Notificiation
Requirements for Critical Safety Items, Final rule, 72 Fed. Reg.
2633, January 22, 2007.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to add policy regarding notification of potential safety issues
under DoD contracts. The rule contains a contract clause requiring
contractors to promptly notify the Government of any nonconformance or
deficiency that could impact item safety.
DATES: Effective Date: January 22, 2007
DFARS Case 2005-D002,
Restriction on Carbon, Alloy, and Armor Steel Plate, Final rule, 71
Fed. Reg. 75893, December 19, 2006.
SUMMARY: DoD has
issued a final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to clarify the restriction on the acquisition of
foreign carbon, alloy, or armor steel plate. The restriction implements
provisions of annual DoD appropriations acts.
Dates:
Effective Date: December 19, 2006.
DFARS Case 2004-D022,
Inflation Adjustment of Acquisition-Related Thresholds, Final rule,
71 Fed. Reg. 75891, December 19, 2006.
SUMMARY: DoD has
issued a final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to adjust acquisition-related thresholds for
inflation. Section 807 of the National Defense Authorization Act for
Fiscal Year 2005 requires periodic adjustment of statutory
acquisitionrelated dollar thresholds, except those established by the
Davis-Bacon Act, the Service Contract Act, or trade agreements. This
rule also amends other acquisition-related thresholds that are BASED on
policy rather than statute.
Dates: Effective Date: December 19,
2006.
DFARS Case 2003-D085,
Material Inspection and Receiving Report, Final rule, 71 Fed. Reg.
75890, December 19, 2006.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to clarify requirements for preparation of material inspection
and receiving reports under DoD contracts. In addition, the rule
relocates text to the DFARS companion resource, Procedures, Guidance,
and Information.
Dates: Effective Date: December 19, 2006.
DFARS Case 2006-D030, Labor
Reimbursement on DoD Non- Commercial Time-and-Materials and Labor-Hour
Contracts, Interim rule, 71 Fed. Reg. 74469, December 12, 2006.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to provide policy for
reimbursing labor costs on competitively awarded DoD noncommercial
time-and-materials and labor-hour contracts.
DATES:
Effective Date: February 12, 2007.
Comment Date: Comments
on the interim rule should be submitted to the address shown below on or
before February 12, 2007, to be considered in the formation of the final
rule.
DFARS Case 2005-D022, Contracting
Officers’ Representatives, Final rule, 71 Fed. Reg. 69488,
December 01, 2006.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to update text pertaining to the designation of a contracting officers
representative. The rule clarifies the authority of a contracting
officer’s representative and relocates text to the DFARS companion
resource, Procedures, Guidance, and Information.
DATES: Effective Date: December 1, 2006
DFARS Case 2004-D033, Levy on
Payments to Contractors, Final rule, 71 Fed. Reg. 69489, December
01, 2006.
SUMMARY: DoD has adopted as final, with changes,
an interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to address the effect of Internal Revenue Service
(IRS) levies on contract payments. The rule requires DoD contractors to
promptly notify the contracting officer if a levy may result in an
inability to perform a contract.
DATES: Effective Date: December 1, 2006.
DFARS Case 2003-D014, Contract
Pricing and Cost Accounting Standards, Final rule, 71 Fed. Reg.
69492, December 01, 2006.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to update text addressing contract pricing matters and cost
accounting standards administration. The rule implements statutory
provisions regarding exceptions to cost or pricing data requirements and
waiver of cost accounting standards, and relocates internal DoD
procedures relating to pricing considerations and cost accounting
standards to the DFARS companion resource, Procedures, Guidance, and
Information.
DATES: Effective Date: December 1, 2006.
DFARS Case 2006-D018, Contracting
Methods and Contract Type, Proposed rule, 71 Fed. Reg. 65768,
November 09, 2006.
SUMMARY: DoD is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to add an
exception to the requirement for a written determination before using a
fixed-price type contract for a development program effort. The
exception would apply to contracts for systems integration of commercial
offthe- shelf information technology products under the DoD Enterprise
Software Initiative.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before January 8, 2007, to
be considered in the formation of the final rule.
DFARS Case 2005-D017, Trade
Agreements Thresholds and Morocco
Free Trade Agreement, Final rule 71 Fed. Reg. 65752, November 09,
2006.
SUMMARY: DoD has adopted as final, with changes, an
interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to update policy relating to trade agreements. The
rule incorporates increased dollar thresholds for application of the
World Trade Organization Government Procurement Agreement and the Free
Trade Agreements, implements a new Free Trade Agreement with Morocco,
and amends the list of end products subject to trade agreements.
DATES: Effective Date: November 9, 2006.
DFARS Case 2006-D034, Definition of
Terrorist Country, Final rule, 71 Fed. Reg. 62566, October 26, 2006.
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove Libya from the list of
terrorist countries subject to a prohibition on DoD contract awards. This
change is a result of the Department of States removal of Libya from the
list of countries designated as
state sponsors of terrorism.
DATES: Effective Date: October 26, 2006.
DFARS Case 2006-D033, PAN carbon fiber;
deletion of obsolete restriction, Final rule, 71 Fed. Reg. 62566,
October 26, 2006.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS) to
remove obsolete text relating to a restriction on the acquisition of
polyacrylonitrile (PAN) carbon fiber from foreign sources. The restriction
expired on May 31, 2006.
EFFECTIVE DATE: October 26, 2006.
DFARS Case 2005-D012, Foreign Acquisition
Procedures, Final rule, 71 Fed. Reg. 62565, October 26, 2006.
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to delete text addressing internal
DoD procedures pertaining to foreign acquisition. This text has been
relocated to the DFARS companion resource, Procedures, Guidance, and
Information.
DATES: Effective Date: October 26, 2006.
DFARS Technical Amendments, Final rule,
71 Fed. Reg. 62559, October 26, 2006.
SUMMARY: DoD is
making technical amendments to the Defense Federal Acquisition Regulation
Supplement (DFARS) to update cross-references and to add a reference to the
DFARS companion resource, Procedures, Guidance, and Information.
EFFECTIVE DATE: October 26, 2006.
DFARS Case 2006-D028, Free Trade
Agreements-Guatemala and Bahrain, Interim rule, 71 Fed. Reg. 58541,
October 04 2006.
SUMMARY: DoD has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS) to
implement the United States-Bahrain Free Trade Agreement and the Dominican
Republic-Central America-United States Free Trade Agreement with respect to
Guatemala. The Free Trade Agreements waive the applicability of the Buy
American Act for some foreign supplies and construction materials and
specify procurement procedures designed to ensure fairness.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before December 4, 2006, to be
considered in the formation of the final rule.
DFARS Case 2006-D015, Congressional
Notification of Architect-Engineer Services/Military Family Housing
Contracts, Interim rule, 71 Fed. Reg. 58540, October 04 2006.
SUMMARY: DoD has issued an interim rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to implement Section
1031(a)(37) of the National Defense Authorization Act for Fiscal Year 2004.
Section 1031(a)(37) amended the requirements for submission of a
notification to Congress before the award of a contract for architectural
and engineering services or construction design in connection with military
construction, military family housing, or restoration or replacement of
damaged or destroyed facilities.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before December 4, 2006, to be
considered in the formation of the final
rule.
DFARS Case 2005-D011, Buy American Act
Exemption for Commercial Information Technology, Final rule, 71 Fed.
Reg. 58539, October 04 2006.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement provisions of annual appropriations acts that authorize an
exemption from the Buy American Act for the acquisition of commercial
information technology.
DATES: Effective Date: October 4, 2006.
DFARS Case 2006-D012, Acquisition of Major
Weapon Systems as Commercial, Interim rule, 71 Fed. Reg. 58537, October
04 2006.
SUMMARY: DoD has issued an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
Section 803 of the National Defense Authorization Act for Fiscal Year 2006.
Section 803 places limitations on the acquisition of a major weapon system
as a commercial item.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before December 4, 2006, to be
considered in the formation of the final rule.
DFARS Case 2005-D007, Training for
Contractor Personnel Interacting With Detainees, Final rule, 71 Fed.
Reg. 53047, September 08, 2006.
SUMMARY: DoD has adopted
as final, with changes, an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section 1092 of
the National Defense Authorization Act for Fiscal Year 2005. Section
1092 requires that DoD contractor personnel who interact with detainees
receive training regarding the applicable international obligations and
laws of the United States.
DATES: Effective Date:
September 8, 2006.
DFARS Case 2006-D007, Prohibition
on Acquisition From Communist Chinese Military Companies, Interim
rule, 71 Fed. Reg. 53045, September 08, 2006.
SUMMARY:
DoD has issued an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 1211 of the National
Defense Authorization Act for Fiscal Year 2006. Section 1211 prohibits
DoD from acquiring United States Munitions List items from Communist
Chinese military companies.
DATES: Effective date:
September 8, 2006.
Comment date: Comments on the interim
rule should be submitted in writing to the address shown below on or
before November 7, 2006, to be considered in the formation of the final
rule.
DFARS Case 2003-D044, Acquisition
Planning, Final rule, 71 Fed. Reg. 53044, September 08, 2006.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to update text on
acquisition planning. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose
DATES: Effective Date: September 8, 2006.
DFARS Case 2006-D009, Limitations
on Tiered Evaluation of Offers, Interim rule, 71 Fed. Reg. 53042,
September 08, 2006.
SUMMARY: DoD has issued an interim
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement Section 816 of the National Defense Authorization
Act for Fiscal Year 2006. Section 816 requires DoD to prescribe guidance
on the use of tiered evaluation of offers for contracts and for task or
delivery orders under contracts.
DATES: Effective date: September 8,
2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before November 7, 2006, to be
considered in the formation of the final
rule.
DFARS Case 2004-D010, Export Controlled Information and Technology, Proposed rule, 71 Fed. Reg. 46434, August 14, 2006.
SUMMARY: DoD is proposing to
amend the Defense Federal Acquisition Regulation Supplement (DFARS) to
address requirements for preventing unauthorized disclosure of
export controlled information and technology under DoD contracts.
DATES: Comments on the proposed rule should be submitted
in writing to the address shown below on or before October 13, 2006, to
be considered in the formation of the final rule.
DFARS Case 2003-D051, Contract
Administration Functions, Final rule, 71 Fed. Reg. 44928, August 08,
2006.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update text
addressing functions performed by DoD contract administration offices.
This rule is a result of a transformation initiative undertaken by DoD
to dramatically change the purpose and content of the DFARS.
DATES: Effective Date: August 8, 2006.
DFARS Case 2003-D060, Threshold
for Small Business Specialist Review, Final rule, 71 Fed. Reg.
44926, August 08, 2006.
SUMMARY: SUMMARY: DoD has issued a
final rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to revise text pertaining to DoD implementation of
small business programs. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose
DATES: Effective Date: August 8, 2006.
DFARS Case 2005-D004, Contract
Reporting. Final rule, 71 Fed. Reg. 44926, August 08, 2006.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to update text
addressing DoD requirements for reporting of contracting actions. This
rule is a result of a transformation initiative undertaken by DoD to
dramatically change the purpose and content of the DFARS.
DATES: Effective Date: August 8, 2006.
DFARS-Waiver of 10 U.S.C. 2534 for
Certain Defense Items Produced in the United Kingdom, 71 Fed. Reg.
39076, July 11, 2006.
SUMMARY: The Under Secretary of
Defense (Acquisition, Technology, and Logistics) is waiving the
limitation of 10 U.S.C. 2534 for certain defense items produced in the
United Kingdom (UK). 10 U.S.C. 2534 limits DoD procurement of certain
items to sources in the national technology and industrial base. The
waiver will permit procurement of items enumerated from sources in the
UK, unless otherwise restricted by statute.
DATES: Effective Date: This waiver is effective for one year,
beginning July 26, 2006.
DFARS Case 2003-D068, Acquisition
of Information Technology, Final rule, 71 Fed. Reg. 39010, July 11,
2006.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to update text
on the acquisition of information technology. This rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
EFFECTIVE DATE: July 11, 2006.
DFARS Case 2003-D094, Exchange or
Sale of Government-Owned Information Technology, Final rule, 71 Fed.
Reg. 39009, July 11, 2006.
SUMMARY: DoD has issued a final
rule amending the Defense Federal Acquisition Regulation Supplement
(DFARS) to delete obsolete procedures for the exchange or sale of
Governmentowned information technology. This rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Effective Date: July 11, 2006.
DFARS, Technical Amendments, Final
rule, 71 Fed. Reg. 39, July 11, 2006.
SUMMARY: DoD is
making technical amendments to the Defense Federal Acquisition
Regulation Supplement (DFARS) to add a reference to guidance documents,
update an Internet address, and add paragraph designations in a contract
clause.
DATES: Effective Date: July 11, 2006.
DFARS Case 2006-D010, Extension of
Contract Goal for Small Disadvantaged Businesses and Certain
Institutions of Higher Learning, Final rule, 71 Fed. Reg. 39008,
July 11, 2006.
SUMMARY: DoD has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 842 of the National Defense Authorization Act for
Fiscal Year 2006. Section 842 extends, through fiscal year 2009, DoDs
goal to award five percent of contract and subcontract dollars to small
disadvantaged businesses, historically black colleges and universities,
and
minority institutions.
DATES: Effective Date: July 11, 2006.
DFARS Case 2003-D078, Types of Contracts,
Final rule, 71 Fed. Reg. 39006, July 11, 2006.
SUMMARY:
DoD has issued a final rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text on the selection and use of
contract types. This rule is a result of a transformation initiative
undertaken by DoD to dramatically change the purpose and content of the
DFARS.
EFFECTIVE DATE: July 11, 2006.
DFARS Case 2006-D003, Relocation of
Subpart 225.6 to 225.76, Final rule, 71 Fed. Reg. 39005, July 11,
2006.
SUMMARY: DoD has issued a final rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to relocate
text addressing trade sanctions, to reflect the removal of the
corresponding subpart of the Federal Acquisition Regulation.
EFFECTIVE DATE: July 11, 2006.
DFARS Case 2003-D072, Required
Sources of Supply,Final rule, 71 Fed. Reg. 39004, July 11, 2006.
SUMMARY: DoD has issued a final rule amending the Defense
Federal Acquisition Regulation Supplement (DFARS) to update text
addressing acquisitions made through Government supply sources. This
rule is a result of a transformation initiative undertaken by DoD to
dramatically change the purpose and content of the DFARS.
DATES: Effective Date: July 11, 2006.
DFARS Case 2006-D017,
Aviation Into- Plane Reimbursement Card, Proposed rule, 71 Fed Reg.
34867, June 16, 2006.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition Regulation Supplement (DFARS) to update
text pertaining to DoD fuel card programs. The proposed rule addresses
use of the Aviation Into-plane Reimbursement card for purchases of
aviation fuel and oil.
DATES: Comments on the proposed rule should be submitted in
writing to the address shown below on or before August 15, 2006, to be
considered in the formation of the final rule.
DFARS
Case 2003-D010, Protests, Disputes, and Appeals, Proposed rule, 71 Fed
Reg. 34867, June 16, 2006.
SUMMARY: DoD is proposing to
amend the Defense Federal Acquisition Regulation Supplement (DFARS) to
update text addressing procedures for processing of contractor claims
submitted under DoD contracts. This proposed rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in
writing to the address shown below on or before August 15, 2006, to be
considered in the formation of the final rule.
DFARS Case 2006-D019,
Free Trade Agreement-El Salvador, Honduras, and Nicaragua, Interin
rule, 71 Fed Reg. 34834, June 16, 2006.
SUMMARY: DoD
has issued an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement the Dominican
Republic-Central America-United States Free Trade Agreement with respect
to El Salvador, Honduras, and Nicaragua. The Free Trade Agreement waives
the applicability of the Buy American Act for some foreign supplies and
construction materials and specifies procurement procedures designed to
ensure fairness.
Dates: Effective date: June 16, 2006. Comment date:
Comments on the interim rule should be submitted in writing to the
address shown below on or before August 15, 2006, to be considered in
the formation of the final rule.
DFARS Case 2006-D011,
Security-Guard Services Contracts, Interim rule, 71 Fed Reg. 34833,
June 16, 2006.
SUMMARY: DoD has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 344 of the National Defense Authorization Act for
Fiscal Year 2006. Section 344 extends, through September 30, 2007, the
period during which contractor performance of security-guard functions
at military installations or facilities is authorized to fulfill
additional requirements resulting from the terrorist attacks on the
United States on September 11, 2001.
Dates: Effective date: June 16, 2006. Comment date:
Comments on the interim rule should be submitted to the address shown
below on or before August 15, 2006, to be considered in the formation of
the final rule.
DFARS Case 2006-D005,
Berry Amendment ExceptionsAcquisition of Perishable Food, and Fish,
Shellfish, or Seafood, Interim rule, 71 Fed Reg. 34832, June 16,
2006.
SUMMARY: DoD has issued an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to implement
Section 831 of the National Defense Authorization Act for Fiscal Year
2006 and Section 8118 of the Defense Appropriations Act for Fiscal Year
2005. These statutes relate to the acquisition of perishable foods for
DoD activities located outside the United States, and the acquisition of
domestic fish, shellfish, and seafood.
DATES: Effective date: June 16, 2006. Comment date:
Comments on the interim rule should be submitted in writing to the
address shown below on or before August 15, 2006, to be considered in
the formation of the final rule.
DFARS Case 2004-D031,
Sole Source 8(a) Awards to Small Business Concerns Owned by Native
Hawaiian Organizations, Final rule 71 Fed Reg. 34831, June 16,
2006.
SUMMARY: DoD has adopted as final, with changes, an
interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement DoD appropriations act provisions
permitting the award of sole source contracts to small business concerns
owned by Native Hawaiian Organizations. The rule applies to
manufacturing contracts exceeding $5,000,000 and non-manufacturing
contracts exceeding $3,000,000 that are awarded under the Small Business
Administrations 8(a) Program.
DATES: Effective Date: June 16, 2006.
DFARS Case 2005-D013,
Contractor Personnel Authorized to Accompany U.S. Armed Forces, Interim
rule, 71 Fed Reg. 34826, June 16, 2006.
SUMMARY: DoD
has issued an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement DoD policy regarding
contractor personnel authorized to accompany U.S. Armed Forces deployed
outside the United States. The rule addresses the status of contractor
personnel as civilians accompanying the U.S. Armed Forces and the
responsibilities of the combatant commander regarding the protection of
contractor personnel.
DATES: Effective date: June 16, 2006. Comment date:
Comments on the interim rule should be submitted to the address shown
below on or before August 15, 2006, to be considered in the formation of
the final rule.(Extended to September 18, 2006, 71 Fed. Reg. 46409, August 14, 2006.)
DFARS Case 2006-D002, Radio
Frequency Identification, Interim rule, 71 Fed.Reg. 29084, May 19,
2006.
SUMMARY: DoD has issued an interim rule amending the
Defense Federal Acquisition Regulation Supplement (DFARS) to include
additional commodities and DoD locations that require package marking
with passive radio frequency identification (RFID) tags. The rule
requires contractors to affix passive RFID tags at the case and
palletized unit load levels when shipping packaged petroleum,
lubricants, oils, preservatives, chemicals, additives, construction and
barrier materials, and medical materials to specified DoD locations.
DATES: Effective date: May 19, 2006, Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before July 18, 2006, to be
considered in the formation of the final rule.