Animation displaying the Navy, Marine Corps and Assistant Secretary of the Navy (Research, Development and Acquisition) seals The one authoritative source for DoN acquisition
Search   
DoN Acquisition One Source

          Site Map | Subscribe | Contact An Expert | Help     


Policy and Guidance

Acquisition Topics

Acquisition Career Management

Quick References

Business Opportunities

Tools and Assistance

News and Events
- News
- Newsletter
- Events and Forums
- Acquisition Awards
- Subscribe

eBusiness

Contract Labor Standards & Contractor Labor Management Relations

Links

Archives

What's New on the Site

Hot Acquisition Topics

Subscribe

Feedback

Help

> Home / News and Events / News

News

DFARS Interim Rule

Contract Period for Task and Delivery Order Contracts (DFARS Case 2003-D097) (Comments due May 23, 2004)

Establishes a 5-year limitation on the period for task order or delivery order contracts awarded by DoD under the authority of 10 U.S.C. 2304a; and clarifies that the total contract period includes all options or modifications. The rule implements Section 843 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136). TheDFARS limitations are effective for solicitations issued on or after March 23, 2004. Questions and Answers related to the implementation of this change are available here. Contracting officers should consult with the local office of General Counsel for guidance regarding specific acquisition issues arising as a result of this change.

  • DASN (ACQ) memo dated May 17, 2004 discusses the interim guidance for Task and Delivery Order Contracts

Proposed Rule

Contractors Accompanying a Force Deployed (DFARS Case 2003-D087) (Comments due May 23, 2004)

Proposes policy and a contract clause to address situations that require contractor employees to accompany a force engaged in contingency, humanitarian, peacekeeping, or combat operations outside the United States. The proposed changes will enable the uniform treatment of contractors that accompany a deployed force, and will enable combatant commanders to rapidly adjust contract requirements in response to changing conditions on the battlefield.

Other News

Elimination of Unreliable Sources of Defense Items and Components

A DASN (ACQ MGMT) memo dated May 25, 2004 addresses a Defense Procurement and Acquisition Policy (DPAP) memo that discusses the requirements of Section 821 of the National Defense Authorization Act of 2004. Section 821 requires that the Secretary of Defense identify a list of countries that restrict the provision or sale of military goods or services to the United States because of the United States counterterrorism or military operations. In addition, it prohibits procuring any items, components contained or military systems, if the items, components or systems are manufactured in any foreign country that has been identified and placed on the list. Currently, no countries have been identified and as a result, a list does not yet exist.

Court Opinion Upholding Government Interpretation of Federal Acquisition Regulation Definition of Independent Research and Development Costs; FAR 31. 205-18 (a)

This memo addresses an Aug 14, 2003 court opinion on "Independent Research and Development" in Federal Acquisition Regulation (FAR) 31.205-18, Independent Research and Bid and Proposal Costs (IR&D and B&P). The court ruled that Newport News Shipbuilding (NNS) violated FAR 31.205-18 (a) by misclassifying, as IR&D, approximately $74 million that was spent in connection with the design and construction of double-hulled tankers for commercial customers. The court held that these costs, NNS charged as Double Tanker IR&D, were for efforts "required in the performance of the contract," (i.e., the NNS commercial tanker contracts) and thus were excluded from the FAR definition of IR&D. The court opinion upholds the longstanding government position on interpretation of FAR 31. 205-18 and allowability of IR&D costs.

DAWIA 2 (AKA Acquisition Streamlining)

The FY04 National Defense Authorization Act changed the Defense Acquisition Workforce Improvement Act (DAWIA). The most significant one is a Single Acquisition Corps across DoD instead of each service having its own. A task force with DACM reps from each service, DAU, OSD and Functional Boards is developing ways to make this work. Their approach is to develop a central common set of processes and procedures that will be implemented decentrally. The Acting Under Secretary of Defense Acquisition, Technology and Logistics approved vetting the procedures to the Acquisition Workforce.

Class Deviations-

Commercial Item Omnibus Clauses for Acquisition Using Standard Procurement System, DAR Tracking Number: 2004-O0002

A DASN (ACQ MGMT) memo dated June 9, 2004 forwards a Director of Defense Procurement and Acquisition Policy class deviation regarding the use of the Standard Procurement System (SPS) to contract for commercial items. The deviation authorizes all DoD contracting activities to deviate from the requirements in Federal Acquisition Regulation (FAR) 12.301 (b) (4), the clause at FAR 52.212-5, Defense FAR Supplement (DFARS) 212.301 (f) (iii) and the clause at DFARS 252.212-7001, when using the SPS to contract for commercial items.

Exemption from Limitations on Procurement of Foreign Information Technology that is a Commercial Item, DAR Tracking Number: 2004-O0003

A DASN (ACQ MGMT) memo dated June 21, 2004 discusses the Director of Defense Procurement and Acquisition Policy authorized class deviation from the Defense Federal Acquisition Regulation Supplement (DFARS) requirements to apply the Buy American Act or the Balance of Payments Program to the acquisition of information technology that is a commercial item. The deviation authorizes contracting officers not to use DFARS 252.225-7001, 252.225-7035, and 252.225-7036 when using fiscal year 2004 funds to acquire information technology that is a commercial item. The class deviation is effective immediately.

Navy Instruction on Contractor Industrial Labor Relations

In October, 2002, the Department of Navy (DON) published SECNAVINST 4200.36 on its responsibilities with regard to contractor labor-management relations, including DON policies toward contractor labor-management activities and relationships, union access to DON installations, picketing and work stoppages at DON installations, and procedures for setting up reserve gates in response to a contractor labor action. All DON personnel, in particular contracting officers, should be cognizant of these policies and procedures. For further assistance, contact the Dept of the Navy Labor Advisor at NavyLaborAdvisor@navy.mil, or (703) 693-2939.

Desk Guide for Service Contract Price Adjustments

The Department of Navy has published a desk guide to assist contracting officers in determining contract price adjustments under FAR clause 52.222-43 and 44.
This clause applies to fixed price service contracts covered by the Service Contract Act (SCA) and the Fair Labor Standards Act. The guide includes advice on
processing price adjustments resulting from SCA-covered collective bargaining agreements. For further assistance, contact the Dept of the Navy Labor Advisor at NavyLaborAdvisor@navy.mil, or (703) 693-2939.



Accessibility Help and Information Office of the Assistant Secretary of the Navy (Research, Development and Acquisition)
1000 Navy Pentagon
Washington, DC 20350-1000

Deputy Assistant Secretary of the Navy for Acquisition Management, DASN (ACQ)
Director, Acquisition Career Management
Deputy Assistant Secretary of the Navy for Logistics, DASN (LOG)


This is an official U.S. Navy web site (GILS Number: 001883). Please read this Privacy Policy and our External Links disclaimer. For additional information, contact the DON Acquisition Webmaster.

The Navy's Official Website | The Navy Recruiting Site | Official Navy Freedom of Information Act