0 Defense Acquisition Regulations System (DARS): The Rule-Making Process How It Works and How You Can Get Involved Clarence M. Belton Navy Policy Member Defense Acquisition Regulations Council Phone: (703) Date: February 20, 2013

1 DPAP/DARS: Supporting the Warfighter Our Mission: DPAP/DARS 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.

2 The Rulemaking Process

FAR System Structure FAR Council DAR Council CAAC (Civilian Agency Acquisition Council) FAR Teams Acquisition Environmental and Labor Law Acquisition Ethics and International Law Acquisition Finance Acquisition Implementation Acquisition Planning and Methods Acquisition Small Business Acquisition Strategy Acquisition Technology Ad Hoc

4  FAR Council Members: –Office of Federal Procurement Policy (OFPP) –Department of Defense (DoD) –General Services Administration (GSA) –National Aeronautics and Space Administration (NASA)  Responsibilities: –Provide Administration agenda to the DAR Council and CAAC –Resolve impasses between the DAR Council and CAAC Federal Acquisition Regulation Council

5 Defense Acquisition Regulation Council  DAR Council Members: –Deputy Director, DPAP/DARS, chairs the Council –Military Departments (Army, Navy, Air Force) –Defense Agencies (DCMA, DLA) –NASA  Responsibilities : –Promulgate the DFARS and DFARS PGI –Promulgate the FAR (in conjunction with CAAC)

6 DAR Council ARMY NAVY DLA NASA DCMA USAF Linda Neilson, Dir Chip Retson, OGC Amy Williams, Dep DARS Analysts DAU Liaison DFARS Publisher Your DAR Council

7 “Look, I’m not saying it’s going to be today. But someday---someday---you guys will be happy that you’ve taken along a lawyer.” General Counsel Support

8 Civilian Agency Acquisition Council  CAAC Members: –Chair: GSA –Representatives from the Civilian Agencies  Responsibilities: –Promulgate the FAR (in conjunction with DAR Council) –Publish Federal Register (FR) notices, solicit public comments  Proposed and interim rules  Advance notices of proposed rulemaking (ANPR) –Publish Final and Interim rules in Federal Register

Sources of FAR/DFARS/PGI Changes Legislation IG & GAO Recommendations Court Decisions OFPP Policy Letters Executive Orders Agency Recommendations Individual Recommendations Industry Recommendations Policy Changes (e.g., USD (AT&L), DPAP) FAR DFARS PGI FAR DFARS PGI

10 DAR Council Review (3 weeks) DAR Editor Review/DoD Approval to Publish (5 weeks) OFPP Review/OIRA Clearance (4 weeks) Public Comment Period (60 days) DAR Council Review (3 weeks) DAR Editor Review/DoD Approval to Publish (4 weeks) OFPP Review/OIRA Clearance (4 weeks) DAR Editor Publish Final rule (4 weeks) DFARS Final Rule Published DAR Editor Publish (Proposed/Interim) (5 weeks) 12 months DFARS Case Timeline Committee Report with analysis of Public Comments and Draft Final Rule (4 weeks) Committee Report with Draft Proposed/interim Rule (7 weeks)

11 GSA Legal Review (4 weeks) OFPP Review (4 weeks) Public Comment Period (60 days) (9 weeks) Committee Report with Disposition of Public Comments and Draft Final Rule (4 weeks) OFPP Review (3 weeks) FAR Final Rule Published OIRA Clearance (4 weeks) DARC/CAAC Review (8 weeks) Legal Review (3 weeks) FAR Secretariat Publish (Proposed/Interim(FAC)) (7 weeks) FAR Secretariat Publish Final in FAC (6 weeks) OIRA Clearance (4 weeks) DARC/CAAC Review (5 weeks) 16 months FAR Case Timeline Committee Report with Draft Proposed/Interim Rule (8 weeks)

12 OUSD(AT&L)DPAP/DARS urls

13 DPAP/DARS URLs  OUSD(AT&L)DPAP  OUSD(AT&L)DPAP/DARS FAR and DFARS DoD Class Deviations RSS-Subscribe to DFARS News Feed 13

16

17  Review FAR and DFARS proposed and interim rules –Publication Notices:  Submit input –Agency comment (through command channels) –Internet (follow local and agency procedures)  View public comments on proposed & interim rules –DFARS rules: –FAR rules:  View status of open cases – Getting Involved in the Rulemaking Process

18 Contact Us: Defense Acquisition Regulations System (DARS) OUSD(AT&L) DPAP/DARS 3060 Defense Pentagon, Room 3B855 Washington, DC Phone Number: Address: Web URL: