Open DFARS Cases as of 8/2/2016 8:15:55AM

Transcription

1 Open DFARS Cases as of 8:15:55AM

2 2016-D , , New Designated Country- Moldova 2016-D Request for Audit Services in France, Germany, the Netherlands, or the United Kingdom 2016-D025 (S) Liability Protections when Reporting Cyber Incidents 2016-D024 DFARS 225.3, DFARS D , D , , D , DFARS 225 Contractor Demobilization New Qualifying Countries- Japan and Slovenia (S) Identification and Mangement of Diminishing Manufacturing Sources, Material Shortages, and Obsolescence Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States Adds Moldova as a designated country. Amends DFARS to specify the qualifying countries with which DoD has audit agreements (France, Germany, the Netherlands, and the United Kingdom) rather than requiring contracting officers to contact CPIC to obtain the information. Implements section 1641 of the FY16 NDAA. Section 1641 amends section 941 of the FY13 NDAA to specify liability protections for cleared defense contractors and operationally critical contractors when reporting cyber incidents and network penetrations. Requires contractors that are performing in certain operational areas to submit a demobilization plan for how they will demobilize personnel, equipment, material, and property. Implements recent Reciprocal Defense Procurement Agreements with Japan and Slovenia, which are now "qualifying countries." Implements section 803 of the National Defense Authorization Act for Fiscal Year 2014 (Pub. L ). Section 803 requires DoD to implement a process for the expedited identification and replacement of obsolete electronic parts included in DoD acquisition programs. This case expands beyond identification and replacement of obsolete electronic parts to address identification and management of diminishing manufacturing sources and material shortages. Updates and incorporates the class deviations into the clause for the changing environments. 07/22/2016 Case manager forwarded draft final DFARS rule to 07/27/2016 OIRA cleared final 04/20/2016 DARC Director tasked Ad Hoc Cmte. to draft proposed DFARS rule. Report due 06/22/2016. Report due date extended 08/24/ /27/2016 DARC received draft interim DFARS rule. Will discuss draft interim DFARS rule on 08/17/ /17/2016 OIRA cleared final 07/20/2016 DARC received draft proposed DFARS rule from DAR staff. Discuss on 08/03/ /09/2016 DARC Director tasked to Emergency Procurement Committee to draft proposed DFARS rule. Report due extended to 06/22/2016. Report due extended to 08/31/2016. Page 2 of 8

3 2016-D Administrative Cost to Issue and Administer a Contract 2016-D , 213, 215 (S) Procurement of Personal Protective Equipment Revises the administrative cost to issue and administer a contract from $500 to $1000. Implements section 884 of the NDAA for FY 2016 which requires, when procuring an item of personal protective equipment or a critical safety item, use of source selection criteria that are predominately based on technical qualifications of the item and not predominately based on price to maximum extent practicable if the level of quality or failure of the item could result in death or severe bodily harm to user D Display of Hotline Posters Conforms language to remove confusion with regard to displaying Hotline posters D017 Independent Research and Development Expenses 2016-D , , , (S) Pilot Program for Streamlining Awards for Innovative Technology Projects 2016-D015 (S) Competition for Religious Services Contracts 2016-D , (S) Pilot Program on Acquisition of Military Purpose Nondevelopmental Items Precludes use of substantial future independent research and development (IRAD) expenses as a means to reduce evaluated bid prices in competitive source selections. Implements section 873 of the National Defense Authorization Act for Fiscal Year 2016, Pub. L , to provide certain exceptions for contracts awarded to small business or nontraditional defense contractors pursuant to technical, merit-based selection procedures (e.g., broad agency announcement) or the Small Business Innovation Research Program. Implements section 898 of the NDAA for FY Section 898 states the DoD may not preclude a nonprofit from competing for a contract for religiousrelated services on a U.S. military installation. Implements section 892 of the FY16 NDAA. Section 892 revises the Pilot Program on Acquisition of Military Purpose Nondevelopmental Items to remove the parameters that limited the pilot to only "nontraditional defense contractors" and that the contract must be awarded using competitive procedures. The pilot is also revised to allow for contracts up to $100,000, /30/2016 Published proposed FR 42608). Public comment period ends 08/29/ /16/2016 DARC Director tasked Adhoc committee to draft proposed DFARS rule. Report due 03/16/2016. Report due date extended to 08/03/ /20/2016 DARC agreed to Reclama draft final DFARS rule 07/20/2016. DAR staff processing. 04/20/2016 DARC Director tasked Cmte. to review public comments, draft proposed DFARS rule. Report due 06/29/2016. Report due date extended to 08/31/ /27/2016 OIRA cleared proposed for publication. 07/28/2016 Case manager forwarded draft interim rule to DAR editor. DAR editor reviewing. 06/30/2016 Published interim FR 42557). Effective upon publication. Public comment period ends 08/29/2016. Page 3 of 8

4 2016-D , , (S) Amendments Related to Sources of Electronic Parts 2016-D , Appendix I (S) Amendment to Mentor- Protege Program 2016-D (S) Costs Related to Counterfeit Electronic Parts 2016-D , , , D , , 212.2, 215.4, , D005 DFARS 247.3, PGI Implements section 885(b) of the NDAA for FY 2016 (Pub. L ), which amends section 818(c)(3)(D) (iii) of the NDAA for FY 2012 (Pub. L ), which makes contractor and subcontractor identification and use of contractor-approved distributors subject to approval (as well as review and audit) by appropriate DoD officials. Implements section 861 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L ) to provide amendments to the Pilot Mentor- Protégé Program. Implements section 885(a) of the NDAA for FY 2016 (Pub. L ), enacted 1/25/2015. Section 885 (a), Amendments Related to Contractor Responsibilities, amends section 818(c)(2)(B) of the NDAA for FY 2012 (Pub. L ) with regard to the allowability of costs of counterfeit electronic parts or suspect counterfeit electronic parts and the cost of rework or corrective action that may be required to remedy the use or inclusion of such parts. (S) Rights in Technical Data Implements section 813(a) of the NDAA for FY 2016 (Pub. L ), enacted 11/25/2015. Section 813 amends paragraph (2) of 10 U.S.C. 2321(f) to address challenges to a use or release restriction that is asserted with respect to technical data of a contractor or subcontractor for a major system or a subsystem or component thereof. (S) Procurement of Commercial Items Continental United States 2016-D004 Appendix F Instructions for the Wide Area WorkFlow Reparable Receiving Report Implements requirements of sections 851 through 853 and 855 through 857 of the NDAA for FY 2016, as well as the requirements of section 831 of the NDAA for FY Removes all "CONUS" and "OCONUS" acronyms and spells out the complete meaning. Adds instructions in Appendix F for utilizing the wide area workflow Reparable Receiving Report, which was created to differentiate between new procurement and items of Government property that are repaired or overhauled and returned to the Government. 06/03/2016 OIRA cleared proposed for publication. 07/07/2016 Case manager forwarded draft proposed rule to 07/27/2016 OIRA cleared final 07/20/2016 DARC received draft final DFARS rule from DAR staff. Will discuss on 08/03/ /25/2016 OIRA cleared proposed for publication. 07/20/2016 DARC received draft proposed DFARS rule from DAR staff). Discuss on 08/17/ /27/2016 OIRA cleared final Page 4 of 8

5 2016-D Enhancing the Efficiency of Independent Research and Development 2016-D , Update to Contracting Officer's Representatives Policies and Procedures 2015-D , 236 (S) Prohibition on Use of any Cost-Plus System of Contracting for Military Construction and Military Family Housing Projects 2015-D , Earned Value Management Applicability 2015-D Use of the Government Property Clause 2015-D Counterintelligence Awareness and Reporting Training 2015-D Promoting Voluntary Post- Award Disclosure of Defective Pricing Implements DoD policy, adding requirements in order for IR&D costs to be allowable for IR&D projects initiated in FY 2017 and later. Updates DFARS subpart and its associated clause to -- (1) specify the information that may be contained within the COR designation letter, and (2) prevent the COR's contact information from being included in the contract document. Implements 10 U.S.C. 2306, as amended by section 2801 of the NDAA for FY 2012, by prohibiting any form of cost-plus contracting for military construction projects or military family housing projects. Revises DFARS part 234 and associated clause addressing applicability of Earned Value Management (EVM). Expands the prescription for use of FAR clause , Government Property, to: (1) all purchase orders for repair, regardless of the acquisition cost of items to be repaired; and (2) all commercial contracts where the Government is providing property, regardless of the acquisition cost of the property. Implements DoDD , which establishes policy for certain DoD contractors to receive CIAR training on foreign intelligence entity threats, methods, reportable information, and reporting procedures. Supplements FAR (c) to indicate that, in the interest of promoting voluntary contractor disclosures of defective pricing identified by the contractor after contract award, DoD contracting officers shall request a limited-scope audit unless a full-scope audit is appropriate for the circumstances. 04/27/2016 DARC Director tasked Cmte. to review public comments, draft final DFARS rule. Report due 06/29/2016. Report due date extended to 08/31/ /08/2016 DARC Director retasked Contract Placement Cmte. to revise draft proposed DFARS rule. Report due 12/16/2015. Report due date extended to 08/24/ /27/2016 Case manager forwarded draft final DFARS rule to 06/01/2016 DARC Director retasked DARS staff. to revise draft proposed DFARS rule. Status report due 07/27/2016. Report due 08/17/ /19/2016 DAR editor identified issues with draft proposed rule to case manager. Case manager and DAR editor resolving issues. 04/27/2016 DARC Director retasked DoD Contract Services Cmte. to draft proposed DFARS rule. Report due date extended to 08/03/ /01/2016 DARC Director tasked Contract Pricing Committee to review public comments, draft final DFARS rule. Report due 03/16/2016. Report due date extended to 08/03/2016. Page 5 of 8

6 2015-D , D x, , Offset Costs Implements section 812 of the NDAA for FY 2016 and clarifies that certain indirect offset costs under an offset agreement are deemed reasonable for purposes of FAR part 31. DoD Antiterrorism Awareness Training Requirements Implements DoDI , which requires contractors entering a Federally controlled facility to complete Level I AT Awareness Training D , Contract Financing Addresses how DoD contracting officers should consider contract financing D Profit/Fee for Work Performed by DoD Maintenance Depots and Other Organic Capabilities 2015-D Undefinitized Contract Action Definitization 2015-D , Contractor Personnel Security Requirements 2015-D020 (S) DoD Use of Trusted Suppliers for Electronic Parts 2015-D (S) Temporary Extension of Test Program for Comprehensive Small Business Subcontracting Plans Provides guidance on evaluation of risk for the profit or fee amount a contractor may earn for work performed by a DoD depot workforce as a subcontractor on a performance based logistics contract. Revises the DD Form 1547, Record of Weighted Guidelines, to provide a more transparent means of documenting costs incurred during the undefinitized period of an undefinitized contract action. Establishes standard security procedures for contractor personnel requiring frequent access to DoD facilities or information systems. Further implements section 818(c)(3) of the NDAA for FY 2012 (Pub. L ), as amended by section 817 of the NDAA for FY 2015 (Pub. L ), with focus on the requirement that DoD shall obtain electronic parts from trusted suppliers, and establish qualification requirements pursuant to which DoD may identify trusted suppliers in accordance with paragraph (c)(3)(c) of section 818. Implements section 821 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L ) and section 873 of the NDAA for FY2016 (Pub. L ) to provide for the temporary extension and amendment of the Test Program for Comprehensive Small Business Subcontracting Plans. 06/09/2016 DARC Director tasked Pricing Cmte. to review public comments. Report due 9/23/2015. Report due date extended to 08/03/ /26/2016 Case on hold at the direction of DAR Director 06/30/2016 Published proposed FR 42607). Public comment period ends 08/29/ /19/2015 DARC Director retasked Contract pricing Cmte. to draft proposed DFARS rule. Report due 09/2/2015. Report due date extended to 8//10/ /24/2016 Case manager forwarded draft proposed rule to 08/12/2015 Case on hold pending further input. 06/09/2016 DARC Director tasked Ad Hoc Cmte. to draft proposed DFARS rule. Status Report due 04/29/2015. Status update due 08/10/ /15/2016 Case manager forwarded draft interim rule to DAR editor. DAR editor reviewing. Page 6 of 8

7 2015-D , 208, 252 Food Services for Dining Facilities on Military Installations 2014-D (S) Detection and Avoidance of Counterfeit Electronic Parts--Further Implementation 2013-D Intellectual Property Clauses for Open Systems Architecture 2013-D , , , 239, , , , (S) Network Penetration Reporting and Contracting for Cloud Services Implements the Joint Report to Congress and Statement of Policy dtd August 29, 2006, and the joint explanatory statement that accompanied section 632 of the NDAA for FY Further implements section 818(c)(3), Trusted Suppliers, of the NDAA for FY 2012 (Pub. L , enacted 12/31/2011), as amended by section 817, Sourcing requirements related to avoiding counterfeit electronic parts, Title VIII, NDAA for FY 2015 (Pub. L , enacted 12/19/2014), with focus on the requirement that DoD contractors and subcontractors shall obtain electronic parts from trusted suppliers and are authorized to identify and use additional trusted suppliers subject to certain conditions, in accordance with paragraph (c)(3)(d) of section 818. Codifies intellectual property clauses from OSA Guidebook in the DFARS. Implements section 941 of the NDAA for FY 2013, section 1632 of the NDAA for FY 2015, and cloud computing policy. Section 941 requires cleared defense contractors to report penetrations of networks and information systems, and allows DoD personnel access to equipment and information to assess the impact of reported penetrations. Section 1632 of the NDAA for FY 2015, which requires reporting of cyber incidents that occur on information system of operationally critical contractors. The rule also develops policies and procedures for the acquisition of cloud computing services. 06/07/2016 Published proposed FR 36506). Public comment period ends 08/08/ /01/2016 OIRA cleared final 06/09/2016 DARC Director tasked Information Technology Committee to draft proposed DFARS rule, coordinate with PDCC. Report due 06/26/2013. Re-tasked to PDCC. Report due date extended to 08/03/ /30/2016 Case manager forwarded draft final DFARS rule to Page 7 of 8

8 2012-D (S) Service Contract Reporting 2012-D , , , , , , , , , , , (S) Rights in Technical Data and Validation of Proprietary Data Restrictions Implements the requirements of 10 U.S.C. 2330a, which requires that DoD establish a data collection system to provide management information with regard to each purchase of services by a military department or Defense Agency, and to submit to Congress an annual inventory of contracts for services. To create the inventory, DoD must collect information from contractors performing services through a system known as the enterprise-wide Contractor Manpower Reporting Application (ecmra). Implements section 815 of the NDAA for FY 2012 (Pub L ), which amends language at section 824 of the NDAA for 2011 (Pub. L ). Provides guidance relating to rights in technical data under contracts for the production and sustainment of systems or subsystems. Includes requirements pertaining to segregation or reintegration of tech data. 11/02/2015 DAR editor identified issues with draft final DFARS rule to case manager. Case manager and DAR editor resolving issues. 06/16/2016 Published proposed FR 39482). Public comment period ends September 14, Page 8 of 8