3 edition of Defense federal acquisition regulation supplement. found in the catalog.
Defense federal acquisition regulation supplement.
United States. Dept. of Defense.
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|Pagination||1 v. (loose-leaf) :|
Specifically, 41 U. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U. This permissive authority is intended to enhance defense innovation and investment, enable DoD to acquire items that otherwise might not have been available, and create incentives for nontraditional defense contractors to do business with DoD. Executive Orders and Executive Orders E. We work every day in the defense of our nation and the values we hold dear.
Comment: One respondent is concerned that the proposed rule leaves open a very favorite information shielding mechanism for contractors, insofar as it does not require contractors to disclose, in meaningful detail, the actual terms and conditions at which other buyers have acquired their commercial products. Excluding this requirement from the definition of a commercial item has created a policy for which proposed regulations have tried and failed to work around. Market research also informs decisions at several other points in the requirements development and acquisition process, and is one of several techniques contracting officers may use to reach a conclusion regarding price reasonableness. Order of preference for determining price reasonableness. To expedite the commercial item determination, this language has been revised to include the contract number and, if available, a Government point of contact.
However, additional focused market research is again conducted during the pricing and proposal analysis phase. Does the proposal identify the support for the Form CASB—CMF, for example, the underlying reports and records supporting the net book value of assets contained in the form? Interested parties must submit such comments separately and should cite 5 U. Response: DoD agrees that understanding the market place, even if there is limited research, is critical for commercial item determinations. Of the various agency supplemental acquisition regulations, the DFARS is not surprisingly the most complex and robust, given DoD is the largest contracting department by dollar value in the U.
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Response: There is no minimum prior sales standard that impacts the determination of commerciality. Having the guidelines required by section of the NDAA for FY should help contracting officers to know what information to request and also help contractors, as the data will be limited to the minimum necessary to make a determination of price reasonableness.
Telephone Note in FAR Before any of hundreds of contractors delivers anything to the Department of Defense, we've been involved. Specifically, 41 U. However, DoD has prepared an Initial Regulatory Flexibility Analysis, which is summarized as follows: This action is necessary because the directions to the contracting officer at PGI It does not establish a different order of preference in determining the sources, order, and type of data needed to adequately determine price reasonableness.
The subsequent paragraph provides further clarification that the DoD contracting officer needs to understand the type of customer.
Government requirements should be purchased from U. Response: Section of the NDAA for FY requires standards to be established for determining whether information on prices at which the same or similar items have previously been sold is adequate for evaluating the reasonableness of price.
We are auditors, but not in the traditional sense. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U. Executive Orders and Executive Orders E. The proposed rule directed that the contracting officer may request other relevant information to include cost data.
Comment: Two respondents recommended that commercial item determinations for exceptions from certified cost or pricing data be separated from price reasonableness determinations. Understanding the market place, even if there is limited research, is critical for commercial item determinations.
DoD has already issued guidance to contracting officers to collaborate with the Defense Contract Management Agency DCMA cadre of experts to assist in the timeliness and consistency of commercial procurements.
A simple solution is to include in the CLIN structure a statement, such as for example, "the Government may provide proprietary information received under this contract to support contractors provided no organizational conflict of interest occurs under FAR Subpart 9.
A detailed discussion of intellectual property in Government contracts can be found in a variety of sources, including Intellectual Property in Government Contracts by Ralph C. Sole source commercial acquisitions. Licenses for software routinely have provisions which are illegal in Government contracts.
Separately, examine the Volume and completeness of transaction data. Accordingly, no regulatory flexibility analysis is required and none has been prepared. In addition, the proposed rule disregards the prior work of the General Services Administration FSS contracting officers, and provisions of the NDAA do not require proof that a commercial item exemption has been granted for a schedule item.
The legal basis for the rule is 41 U. The Contractor, or its subcontractors or suppliers, shall conspicuously and legibly mark the appropriate legend on all technical data that qualify for such markings. Written comments must be received on or before 5 p. If development was not at private expense, enter the specific reason for asserting that the Government's rights should be restricted.
Any rights so negotiated shall be identified in a license agreement made part of this contract. All technical data in which the Contractor has granted the Government additional rights shall be listed or described in a license agreement made part of the contract.
No public comments were received on this provision. Government purposes include competitive procurement, but do not include the rights to use, modify, reproduce, release, perform, display, or disclose technical data for commercial purposes or authorize others to do so.Mar 23, · This final rule amends the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY)which provides amendments to the DoD Pilot.
Oct 30, · SUMMARY: DoD has adopted as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act (NDAA) for Fiscal Year (FY)as amended by the NDAA for FY On September 26,DoD published a final rule in the Federal Register (84 FR ) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement statutory limitations and prohibitions on use of the lowest price technically acceptable source selection process, which are effective October 1, Federal Acquisition Regulation (FAR) & Department of Defense FAR Supplement (DFARS) Combo.
This special combo offering includes the January Editions of the CCH Federal Acquisition Regulation (FAR) and CCH Department of Defense FAR Supplement (DFARS).
FAR contains the uniform policies and procedures for acquisitions by executive agencies of the federal government. Jul 02, · The Federal Acquisition Regulation (FAR) contains the uniform policies and procedures for acquisitions by executive agencies of the federal government.
The FAR is issued and maintained by the Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration.4/5(1). The CPSR shall be conducted in accordance with this Guidebook, DCMA instructionthe Federal Acquisition Regulation (FAR) subpartand the Defense Federal Acquisition Regulation Supplement (DFARS) subpart A CPSR is conducted when a contractor’s annual sales to the Government are expected to exceed $50M in a 12 month period.