FedGovContracts.com

Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: May 24, 2005

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Approval of Orders Against Non-DOD contracts

SOURCE: Federal Register, May 24, 2005, Vol. 70, No. 99, page 29640

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: This interim rule amends the DFARS to implement Section 801(b) of the National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107), which requires DOD to establish and implement a management structure for the procurement of services, and Section 854 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375), which requires DOD to comply with certain review and approval requirements before using a non-DOD contract to procure supplies or services in amounts exceeding the simplified acquisition threshold.

EDITOR’S NOTE: For more on the original interim rule that implemented Section 801(b) of Public Law 107-107, see the October 1, 2003, FEDERAL CONTRACTS DISPATCHDefense Federal Acquisition Regulation Supplement (DFARS); Approval of Service Contracts and Task Orders.”

For more on other acquisition-related provisions of Public Law 107-107, see the January 2, 2002, FEDERAL CONTRACTS DISPATCHEnactment of the National Defense Authorization Act for Fiscal Year 2002.”

For more on other acquisition-related provisions of Public Law 108-375, see the October 29, 2004, FEDERAL CONTRACTS DISPATCHEnactment of the National Defense Authorization Act for Fiscal Year 2005.”

DATES: The effective date for this interim rule is May 24, 2005. Comments on the interim rule must be submitted no later than July 25, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: dfars@acq.osd.mil; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Robin Schulze, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2004-D024" when making comments on this interin rule.

FOR FURTHER INFORMATION CONTACT: Robin Schulze, 703-602-0326.

SUPPLEMENTARY INFORMATION: On October 1, 2003, DOD published an interim rule that implemented Section 801(b) of Public Law 107-107, which established requirements for DOD to obtain certain approvals before acquiring services through a DOD contract or task order that is not performance based, or through any contract or task order awarded by another agency.

Seventeen sources submitted comments on the original October 1, 2003, interim rule. Following the publication of the interim rule, Public Law 108-375 was enacted, and Section 854 placed additional restrictions on the use of contracts awarded by another agency. Also, on October 29, 2004, DOD published a policy memorandum on the proper use of non-DOD contracts for the acquisition of supplies and services. Based on the comments on the original interim rule, the provisions of Section 854, and the October 29, 2004, policy memorandum, DOD is publishing a second interim rule and requesting comments.

This second interim rule makes the following changes to the DFARS:

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

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

Return to the Dispatches Library.

Return to the Main Page.