DoD Issues Five Rules Amending the DFARS

The Department of Defense today issued five rules amending the DoD Federal Acquisition Regulation Supplement. Four of the rules are final and one is interim.

Two of the rules (DFARS Case 2012-D016 and DFARS Case 2012-D018) adjust thresholds, one rule (DFARS Case 2012-D020) implements a section of the FY 2012 National Defense Authorization Act that removed a congressional notification requirement for single source task- or delivery-order contract awards over $103 million, and one rule makes a technical amendment.

A fifth rule, Separation of Combined Provisions and Clauses (DFARS Case 2011-D048), separates DFARS provisions and clauses that were previously combined. DoD issued this rule to to comply with DFARS drafting conventions.

The rule notes a provision is included only in the solicitation, and generally includes representations and certifications, to which the offeror responds in its offer. A contract clause, on the other hand, is included in both the solicitation and the resultant contract, and provides the terms that apply throughout contract performance. The rule removes the representations from five DFARS clauses and creates five new provisions to be used in solicitations that include the associated clauses.

DoD received no public comments in response to the November 21, 2011, proposed rule.

For the text of any of these rules, see the March 30, 2012, issue of the Federal Register.

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About William Van Huis

Bill Van Huis is a Senior Writer/Analyst for Wolters Kluwer Law & Business who tracks and analyzes new regulations impacting federal government contracting. He also follows court decisions involving bid protests and contract disputes. You can find his work in WK publications like Government Contract Reports and the FAR and DFARS Matrix Tools. Bill is a Certified Professional Contracts Manager, and he has a law degree from Southern Illinois University, where he graduated summa cum laude. Prior to joining WK, Bill worked both inside and outside state and local government in the areas of procurement and municipal finance. Bill also worked as a staff attorney for the Illinois Supreme Court.
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