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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 5, 2005

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Contractor Personnel Supporting a Force Deployed Outside the United States

SOURCE: Federal Register, May 5, 2005, Vol. 70, No. 86, page 23791

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: This rule amends DFARS Subpart 225.74, retitled "Defense Contractors Outside the United States," and adds DFARS 252.225-7040, Contractor Personnel Supporting a Force Deployed Outside the United States, to add policy relating to contracts that require contractor employees to accompany a force engaged in contingency, humanitarian, peacekeeping, or combat operations outside the United States.

EDITOR'S NOTE: For more on the proposed rule, see the March 23, 2004, FEDERAL CONTRACTS DISPATCHDefense Federal Acquisition Regulation Supplement (DFARS); Contractors Accompanying a Force Deployed.”

On February 11, 2003, DOD announced plans for conducting a "major transformation" of the DFARS (see the February 11, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS) Transformation"). The objective of the DFARS transformation is to improve the efficiency and effectiveness of the acquisition process while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DOD-wide policies, delegations of Federal Acquisition Regulation (FAR) authorities, deviations from FAR requirements, and policies and procedures that have a significant effect beyond the internal operating procedures of DOD or a significant cost or administrative impact on contractors or offerors. All mandatory and non-mandatory internal DOD procedures, non-mandatory guidance, and supplemental information will be contained in the DFARS companion document, the Procedures, Guidance, and Information (PGI), which is available at http://www.acq.osd.mil/dpap/dars/pgi/index.htm.

Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.

For more on the PGI, see the November 1, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information."

EFFECTIVE DATE: June 6, 2005.

FOR FURTHER INFORMATION CONTACT: Amy Williams, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0328; fax: 703-602-0350.

SUPPLEMENTARY INFORMATION: This final rule amends DFARS Subpart 225.74 and adds DFARS 252.225-7040 to enable the uniform treatment of contractors that accompany a deployed force.

On March 23, 2004, DOD published a proposed rule, and 26 respondents submitted comments. As a result of those comments, DOD has adopted the proposed rule as final with changes. The following are the key provisions of DFARS Subpart 225.74 and DFARS 252.225-7040, with the differences between the proposed and final versions of the rule noted:

In addition, the following provisions in the proposed rule were deleted from the final version of DFARS 252.225-7040:

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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