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Limitations Placed on Procurements on DoD's Behalf

The Department of Defense has finalized, with changes, the interim rule (70,016.521) that amended the Defense Federal Acquisition Regulation Supplement to address statutory provisions relating to interagency procurements for DoD. The interim rule implemented Section 801 of the National Defense Authorization Act for Fiscal Year 2008 (PL 110-181), which placed limitations on acquisitions made by non-DoD agencies on behalf of DoD. Under the revision to DFARS 217.7802, acquisitions exceeding the simplified acquisition threshold made on behalf of DoD are permitted only if the head of the non-DoD agency has certified that the non-DoD agency will comply with defense procurement requirements for the fiscal year. The Under Secretary of Defense for Acquisition, Technology, and Logistics may waive the requirement on a fiscal year basis. In response to public comments, the final rule adds the definition of "Governmentwide acquisition contract" at DFARS 217.7801 and clarifies the policy provision at DFARS 217.7802(a) to address Section 801(b) requirements. The interim rule also amended DFARS 217.7800 and deleted PGI 217.78, a related provision in the DFARS companion resource, Procedures, Guidance, and Information. The final rule goes into effect March 15, 2010. For the text of the rule, see 70,016.555.




(The news featured above is a selection from the news covered in the Government Contracts Report Letter, which is published weekly and distributed to subscribers of the Government Contracts Reporter. )


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