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Shelley Hall << Record >> 32 years in Department of Defense (retired Nov 2015) USAF (AFMC and AFSPC) Held unlimited Contracting Officer’s warrant for 23 years Community Relations and Content Manager for Skyway Expertise in services and supplies, Federal Supply Schedules, pre-and post-award, simplified acquisition to large dollar technically complex source selections, Foreign Military Sales, and commercial and non-commercial << Record >>

Skyway Insight© Webinar Training From Contracting Officers Topic: DFARS Clauses Host: Shelley Hall 8/25/16

Agenda DFARS Deconstructed DFARS Clause Selection PGI DOD Class Deviations Final words

DFARS Deconstructed

Defense Federal Acquisition Regulation (DFARS) DoD implementation and supplementation of the FAR is issued in the Defense Federal Acquisition Regulation Supplement (DFARS) under authorization and subject to the authority, direction, and control of the Secretary of Defense. The DFARS contains— Requirements of law; DoD-wide policies; Delegations of FAR authorities; Deviations from FAR requirements; and Policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. 01/14/2016

Defense Federal Acquisition Regulation (DFARS) The DFARS is codified under chapter 2 in Title 48, Code of Federal Regulations. The Defense Federal Acquisition Regulation Supplement (DFARS) applies to purchases and contracts by DoD contracting activities including those made in support of foreign military sales or North Atlantic Treaty Organization cooperative projects without regard to the nature or sources of funds obligated. 01/14/2016

Numbering Uses the same numbering scheme used in the FAR Part 1 through 53 Clauses are included in Part 252 of the DFARS As with the FAR, each clause has a prescription that tells the CO whether it needs to be included or not in the solicitation or contract DFARS Procedures, Guidance, & Information (PGI) are available at (http://farsite.hill.af.mil/vfdfara.htm, then click on “PGI TOC” on left side of screen) 01/14/2016

Implementing or Supplementing? DFARS NUMBERING FAR Is Implemented As Is Supplemented As 19 219 219.70 19.5 219.5 219.570 19.501 219.501 219.501-70 19.501-1 219.501-1 219.501-1-70 19.501-1(a) 219.501-1(a) 219.501-1(a)(S-70) 19.501-1(a)(1) 219.501-1(a)(1) 219.501-1(a)(1)(S-70)

DFARS Clause Selection

Clause Selection Total contract value Type of Contract Socio-economic set-asides Competitive or non-competitive Supply or Service Commercial or non-commercial 01/14/2016

Procedures, Guidance, and Information (PGI)

01/14/2016

DOD Class Deviations

01/14/2016

DOD Class Deviations 207.170-3 - Consolidation - DoD Class Deviation 2013-O0021, Contract Consolidation. This class deviation lowers the dollar threshold as set forth at DFARS 207.170-3(a) from $6 million to $2 million. 01/14/2016

DOD Class Deviations 208.404 - Use of Federal Supply Schedules - DoD Class Deviation 2014-O0011- Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts, dated March 13, 2014. Effective immediately, contracting officers shall comply with the following policy, in lieu of FAR 8.404(d), Pricing, when using Federal Supply Schedules. 01/14/2016

DOD Class Deviations (cont’d) 208.606 - Evaluating FPI performance - DoD Class Deviation 2012-O0018, Past Performance Evaluation Requirements, issued on September 20, 2012. This class deviation requires past performance reporting for contracts awarded under FAR subpart 8.7, Acquisition from Nonprofit Agencies Employing People Who are Blind or Severely Handicapped. 01/14/2016

DOD Class Deviations (cont’d) 209.106 – Pre-award surveys - DoD Class Deviation 2012-O0004, Prohibition Against Contracting with Corporations That Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law DoD Class Deviation 2012-O0007, Prohibition Against Contracting with Corporations that have a Felony Conviction under Federal or State Law. 01/14/2016

DOD Class Deviations (cont’d) 215.304 - Evaluation factors and significant subfactors - DoD Class Deviation 2013-O0018, Past Performance Evaluation Thresholds and Reporting Requirements updates the DoD thresholds for evaluating a contractor’s past performance in source selections for competitive acquisitions. 01/14/2016

DOD Class Deviations (cont’d) 216.301-3 – Limitations - Class Deviation 2013-O0009, entitled Prohibition on the Use of Cost-Type Contracts for Production of Major Defense Acquisition Programs which prohibits the use of a cost-type contract for the production of a major defense acquisition program. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7980, Contractor Personnel Performing in the United States Africa Command Area of Responsibility (DEVIATION 2016-O0008)(JUN 2016), in lieu of the clause at DFARS 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that will require contractor personnel to perform in the United States Africa Command (AFRICOM) area of responsibility. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7993, Prohibition on Providing Funds to the Enemy (DEVIATION 2015-O0016)(SEP 2015), in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, to be awarded on or before December 31, 2019, with an estimated value in excess of $50,000 that are being, or will be, performed outside the United States and its outlying areas, in support of a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7981, Additional Access to Contractor and Subcontractor Records (Other than USCENTCOM) (DEVIATION 2015-O0016)(SEP 2015), in solicitations and contracts valued at more than $50,000, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that are to be performed outside the United States and its outlying areas, in support of a contingency operation in which members of the armed forces are actively engaged in hostilities, except for contracts that will be performed in the United States Central Command (USCENTCOM) theater of operations. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7994, Additional Access to Contractor and Subcontractor Records in the United States Central Command Theater of Operations (DEVIATION 2015- O0013)(MAR 2015), in all solicitations and contracts awarded prior to December 19, 2017, valued at more than $100,000, that are to be performed in the United States Central Command (USCENTCOM) theater of operations. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7995, Contractor Personnel Performing in the United States Central Command Area of Responsibility (DEVIATION 2015-O0009)(JAN 2015), in lieu of DFARS 252.225-7040, in all solicitations and contracts that require performance in the United States Central Command Area of Responsibility. 01/14/2016

DOD Class Deviations (cont’d) Use the clause 252.225-7987, Requirements for Contractor Personnel Performing in USSOUTHCOM Area of Responsibility (DEVIATION 2014-O0016)(OCT 2014), in all solicitations and contracts that require performance in the USSOUTHCOM Area of Responsibility, unless the clause at DFARS 252.225-7040 applies. 01/14/2016

DOD Class Deviations (cont’d) See DoD Class Deviation 2014-O0020, Class Deviation- Prohibition on Contracting with the Enemy. This deviation is applicable to solicitations and contracts awarded on or before December 31, 2018, with an estimated value in excess of $50,000 that are being, or will be performed, in the U.S. Central Command, U.S. European Command, U.S. Africa Command, U.S. Southern Command, or U.S. Pacific Command theaters of operation. 01/14/2016

DOD Class Deviations (cont’d) See DoD Class Deviation 2015-O0013, Class Deviation- Additional Access to Contractor and Subcontractor Records. This deviation is applicable to solicitations and contracts awarded on or before December 19, 2017, with an estimated value in excess of $100,000, that will be performed in the U.S. Central Command theater of operation. 01/14/2016

Final Words

Final Words DFARS applies to all DOD contracting agencies (including contracts awarded by DOD for other agencies) DFARS clauses carry the same weight as a FAR clause Be aware of PGI and Class Deviation language When in doubt, ask the CO!

Skyway Acquisition Solutions, LLC        Shelley Hall Email: shelley.hall@skywayacquisition.com www.skywayacq.com