DAR Council Overview for the SAME DC POST and ACEC/MW Joint Conference Dina T. Jeffers Army Policy Member to the DAR Council June 14, 2012

Army Contracting – Procuring Army Strength

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DAR Council Overviewfor the

SAME DC POST and ACEC/MW Joint Conference

Dina T. JeffersArmy Policy Member to the DAR Council

June 14, 2012

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• Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P))

• Defense Acquisition Regulations (DAR) Council• Regulations• Rulemaking Process• Get Involved• Engineering Related Cases• Questions

Agenda

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Office of the Deputy Assistant Secretary of the Army

(Procurement)(ODASA(P))

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ODASA(P)

• Office of the Deputy Assistant Secretary of the Army (Procurement) – ODASA(P)

• Director: Mr. Kim D. Denver• Mission: World-class leaders that develop and

oversee policies, programs, and people enabling the acquisition of goods and services for the Soldier.

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Executive Director Acquisition of Services

Portfolio Coordination, Data Analysis & Execution

DASA(P)Mr. Kim D. Denver

Operational Contracting Support

Operations

Enterprise Business Systems

Procurement Support

Policy & Oversight

HCA/PARC Operations

Workforce Development

DASA(P) MILDEP

ODASA(P)

Regulations Team Leader Army DAR Council

Member

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Defense Acquisition Regulations (DAR) Council

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DAR Council

• Defense Acquisition Regulations System – DARS • Director: Ms. Linda Neilson• Mission: Develops and maintains acquisition rules

and guidance to facilitate the acquisition workforce as they acquire the goods and services DoD requires to ensure America's warfighters continued worldwide success.

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DAR Council

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DAR Council

Responsibilities:Promulgate the DFARS and PGIPromulgate the FAR (in conjunction with CAAC)

Members:Representatives from the Military Services and Defense AgenciesRepresentatives from NASADoD DAR Council Chair

• Chair – DAR Council Director• Members

o Military Departments• Army• Air Force• Navy

o Defense Agencies• Defense Logistics Agency• Defense Contract Management Agency

o National Aeronautics & Space Administration (NASA)

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DAR Council

DAR Council

ARMY NAVY

DLA NASA

DCMAUSAF

Chair

General Counsel Deputy Chair

DARS AnalystsDAU Liaison

DARS Publisher

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Regulations

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Regulations

• Federal Acquisition Regulationo Applies to Federal Government agencieso Required by law and policy

• Defense Federal Acquisition Regulation Supplement (DFARS)o Applies to DoD Componentso Required by law or policy

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Regulations• DFARS Procedures, Guidance and Information

(PGI)o Internal DoD procedureso Companion resource to the DFARSo Not required by lawo Single access-point to internal DoD acquisition

procedures, policy training and class deviations

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The Rulemaking Process

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Rulemaking Process• Process agencies use to promulgate regulations• Ensures that the public is informed of rules before

they take effect (except interim rules)• Permits opportunity for the public to comment• Agencies analyze and respond to public comments• Types of Rules

o Proposedo Interimo Final

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Sources of FAR/DFARS/PGI ChangesLegislation

IG & GAO Recommendations

Court Decisions

OFPP Policy Letters

Executive Orders

Agency Recommendations

Individual Recommendations

Industry Recommendations

Policy Changes (e.g., USD (AT&L), DPAP)

FARDFARS

PGI

Rulemaking Process

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FAR Council Structure

Rulemaking Process

DFARS Committees

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Rulemaking Process

DFARS Committees

GSA Legal Review

OFPP Review

Public Comment Period (60 days)

Team Report – Evaluate PublicComments and Draft Final Rule

OFPP Review

FAR Final Rule PublishedOIRA Clearance

DARC/CAAC Review(60 days)

GSA Legal Review

FAR Secretariat Publish

(Interim/Proposed)FAC

FAR Secretariat Publish Final in FAC

OIRA Clearance

DARC/CAACReview

15 months

Team Report and Draft Rule

FAR Case Timeline

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Rulemaking Process

DAR Council Review

DAR Editor Review/DoD Approval to Publish

OFPP Review/OIRA Clearance

Public Comment Period (60 days)

Committee Report – Evaluate PublicComments and Draft Final Rule

DAR Council ReviewDAR Editor Review/DoD Approval to Publish

OFPP Review/OIRA Clearance

DARS Editor Publish Final

DFARS Final Rule PublishedDAR Editor Publish (Interim/Proposed)

12 months

DFARS Case Timeline

Committee Report and Draft Rule

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Get Involved

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Get Involved

DFARS Committees

• View Federal Register Notices at the Government Printing Office’s Federal Digital System (FDsys): http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR&browsePath=2011&isCollapsed=true&leafLevelBrowse=false&ycord=0

• View Publication Notices on the DPAP website: http://www.acq.osd.mil/dpap/dars/change_notices.html

• View Public Comments at regulations.gov: www.regulations.gov

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http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR&browsePath=2011&isCollapsed=true&leafLevelBrowse=false&ycord=0



http://www.acq.osd.mil/dpap/dars/change_notices.html

http://www.regulations.gov/


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Get Involved

DFARS Committees

• Submit input:o Directions provided in Federal Register Noticeo Agency comment (through command channels)

• View FAR case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/far_case_status.html

• View DFARS case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/case_status.html

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http://www.acq.osd.mil/dpap/dars/far_case_status.html

http://www.acq.osd.mil/dpap/dars/case_status.html


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Engineering-related Cases

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• FAR Case 2010-001 Sustainable Acquisition• FAR Case 2010-004 Biobased Procurements• FAR Changes:

o FAR 23.103 Sustainable Acquisitiono FAR 23.902 Contractor Compliance with Environmental

Management Systemso FAR 23.404 Agency Affirmative Procurement Programs


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• Clauses:o FAR 52.223-19 Compliance with Environmental

Management Systemso FAR 52.223-2 Affirmative Procurement of Biobased

Products under Service and Construction Contracts


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• Agencies:o Promote sustainable technologieso Implement high-performance sustainable building practiceso 95% of new contract actions to require products that are:

• Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated)

• Water-efficient• Biobased• Environmentally preferable• Non-ozone depleting• Made with recovered materials


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• Agencies:o Give biobased product preferences unless

• Available only at unreasonable price• Will not meet reasonable performance standards• Unavailable within reasonable timeframe/insufficient competition

o Implement EMSo Establish affirmative procurement program for EPA and

USDA-designated items• Contractors:

o Report USDA-designated biobased products purchasedo Provide EMS informationo Maximum use of biobased products


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• Challenges:o Products

• Rule focuses on products not services• Perceptions that green products are inferior

o Implementation• Learning Curve

• “Reasonable Price”

• Lack of Uniformity EMS data Multitude of requirements generators Multitude of purchasers Decentralized Credit card buyers


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• DFARS Case 2011-D046, Utilization of Domestic Photovoltaic Devices

• FAR Changes:o DFARS 225.7017 Utilization of Domestic Photovoltaic

Devices

• Clauses:o DFARS 252.225-7017 Photovoltaic Deviceso DFARS 252.225-7018 Photovoltaic Devices – Certificate


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• Agencies:o Promote domestic photovoltaic device use

• Buy American Act• Subject to free trade agreement restrictions• Subject to applicable dollar threshold• Covered contracts:

Energy savings performance contracts Utility service contracts Private housing contracts

• Offerors/Contractors:o Use domestic photovoltaic devices when contract results in

DoD ownership of photovoltaic deviceso Certify photovoltaic devices use


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• Challenges:o Few American photovoltaic device supplierso Domestic photovoltaic devices tend to be expensiveo Still developing implementing guidance (slow)


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Questions?

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Documents

DAR Council Overview for the SAME DC POST and ACEC/MW Joint Conference Dina T. Jeffers Army Policy Member to the DAR Council June 14, 2012