DoD Picks Up Pace With Acquisition Rulemaking

The Department of Defense on May 30 issued eight final rules amending the Defense Federal Acquisition Supplement. Five rules implement recommendations from the DoD Regulatory Reform Task Force, while three rules implement sections of fiscal year National Defense Authorization Acts.

Recommended Changes

DoD’s Regulatory Reform Task Force recommended the removal of several contract clauses and solicitation provisions that it found no longer necessary or duplicated requirements set out in the Federal Acquisition Regulation.

  • DFARS Case 2017-045 removes and reserves the provision at DFARS 252.204-7011, Alternative Line Item Structure. (83 FR 24886)
  • DFARS Case 2018-D003 removes DFARS 252.222-7007, Representation Regarding Combating Trafficking in Persons, and the associated provision prescription at DFARS 222.1771. (83 FR 24887)
  • DFARS Case 2018-D026 makes a recommended modification to the DFARS 252.247-7027 clause, Riding Gang Member Requirements, with regard to agency background check procedures. (83 FR 24891)
  • DFARS Case 2018-002 removes and reserves the clause at DFARS 252.222-7001, Right of First Refusal of Employment-Closure of Military Installations, the associated clause prescription at DFARS 222.7102, and the policy guidance at DFARS 222.7101. (83 FR 24892)
  • DFARS Case 2017-D044 removes and reserves the DFARS 252.204-7004 provision, “Alternate A, System for Award Management, and the associated prescription section DFARS 204.1105. (83 FR 24894)

NDAA Requirements

Two NDAAs called for changes to the DFARS to implement new statutory requirements.

  • DFARS Case 2018-D024 implements sections 816 and 164 of the NDAA FY 2018 (PL 115-91) to delegate to the head of the contracting activity the authority provided to the head of the agency with regard to special emergency procurements. (83 FR 24888)
  • DFARS Case 2018-D006 implements section 813(a) of the NDAA FY 2018, which established a sunset date of October 1, 2018, for restrictions on acquisition of chemical weapons antidote contained in automatic injectors. (83 FR 24890)
  • DFARS Case 2017-D027 implements sections 217(a) and 821 of the NDAA FY 2017 (PL 114-328), which increased the micro-purchase threshold for DoD procurements to $5,000, and increased the micro-purchase threshold to $10,000 for DoD basic research programs and activities of DoD science and technology reinvention laboratories. (83 FR 24895)

All of these final rules carry a May 30, 2018, effective date, except for the DFARS Case 2018-D006 rule, which goes into effect on October 1, 2018.

About George Gullo

George Gullo is an attorney editor in the Government Contracts group at Wolters Kluwer Law and Business. George serves as the principal editor of Cost Accounting Standards Guide and supports all of the group’s print and electronic publications, as well as legal research tools, including the Government Contracts Reporter, Board of Contract Appeals Decisions, and the FAR and DFARS Matrix Smart Charts. With more than 20 years experience in the legal publishing industry, including over 10 years in the government contracts area, George also has a background in legal and business transactions. He is a graduate of DePaul University College of Law and a licensed Illinois attorney.
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