Defense FAR Supplement (DFARS) change notice 20051209.

DoD published the following final and proposed DFARS rules on Dec. 9, 2005. To review these rule changes in their entirety, go to the Director, Defense Procurement and Acquisition Policy Web site at <http://www.acq.osd.mil/dpap/dars/dfars/changenotice/index.htm>.

Final Rules

Ordering Period for Task and Delivery Order Contracts (DFARS Case 2003-D097/2004-D023)

Finalizes, with changes, the interim rule published on Dec. 15, 2004 (DFARS Change Notice 20041215), that limits the ordering period of a task or delivery order contract awarded under the authority of 10 U.S.C. 2304a. The changes in the final rule clarify the types of contracts that are subject to the rule and specify that the statutory requirement for notifying Congress of contracts with ordering periods exceeding 10 years expires at the end of fiscal year 2009.

Socioeconomic Programs (DFARS Case 2003-D029)

Relocates policy for contracting with historically black colleges and universities and minority institutions (HBCU/MIs) to a new location within the DFARS, for consistency with the location of FAR policy on this subject; updates the relocated text to exclude information on HBCU/MI contract percentage goals and infrastructure assistance that is unnecessary for inclusion in the DFARS; deletes text on base closures and realignments that duplicates policy found elsewhere in the DFARS; and relocates to PGI, procedures for obtaining funds for incentive payments to contractors that award subcontracts to Indian organizations and enterprises.

Environment, Occupational Safety, and Drug-Free Workplace (DFARS Case 2003-D039)

Deletes unnecessary cross-references and general statements regarding hazard warning labels and a drug-free workplace; relocates text on ozone-depleting substances to a more appropriate location within the DFARS; relocates to PGI, internal DoD procedures on safety precautions for ammunition and explosives and use of recovered materials; and revises the title of DFARS Part 223 for consistency with the title of FAR Part 23.

Foreign Acquisition (DFARS Case 2003-D008)

Updates and clarifies DFARS text on the acquisition of supplies and services from foreign sources. Relocates to PGI, guidance on evaluating offers of foreign end products; information on international agreements; and procedures for contracting with qualifying country sources, for administration of duty-free entry provisions, and for acquisitions involving foreign military sales requirements.

Free Trade Agreements--Australia and Morocco (DFARS Case 2004-D013)

Finalizes, with changes, the interim rule published on Jan. 13, 2005 (DFARS Change Notice 20050113) to implement new Free Trade Agreements with Australia and Morocco. The new Free Trade Agreements were scheduled to become effective on Jan. 1, 2005. However, the Morocco Free Trade Agreement has not yet entered into force and is therefore excluded from this final rule. In addition, for consistency with the FAR and other changes made by the interim DFARS rule, this final rule amends the definition of "eligible product" to include foreign construction material.

Contracting for Security-Guard Functions (PGI Case 0000-P051)

Amends PGI to address the DoD report and plan that allows the continuation of contracts for security-guard functions, entered into under DFARS 237.102-70(d), through Sept. 30, 2006.

Proposed Rules

Required Sources of Supply (DFARS Case 2003-D072)

Deletes unnecessary text on GSA Federal Supply Schedules; deletes text on the Defense National Stockpile and the acquisition of helium, as these issues are adequately addressed in the FAR; deletes obsolete text on the DoD Industrial Preparedness Production Planning Program; and relocates to PGI, procedures for ordering from central nonprofit agencies, for acquisition of items under the DoD Coordinated Acquisition Program, for contracting or performing field service functions for NASA, for use of the DoD Precious Metals Recovery Program, and for use of enterprise software agreements for acquiring commercial software and related services.

Restriction on Carbon, Alloy, and Armor Steel Plate (DFARS Case 2005-D002)

Clarifies a restriction on the acquisition of foreign carbon, alloy, or armor steel plate. The restriction implements provisions of annual DoD appropriations acts, which prohibit the acquisition of carbon, alloy, or armor steel plate that is not melted and rolled in the United States or Canada, for use in any Government-owned facility or property under the control of DoD. The proposed changes provide consistency in the manner in which the restriction is addressed within the DFARS.