1. Army Contracting – Procuring Army Strength FOUO 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 1

2. Army Contracting – Procuring Army Strength FOUO 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 2

3. Army Contracting – Procuring Army Strength FOUO Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P)) 3

4. Army Contracting – Procuring Army Strength FOUO 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. 4

5. Army Contracting – Procuring Army Strength FOUO Executive Director Acquisition of Services Portfolio Coordination, Data Analysis & Execution DASA(P) Mr. Kim D. Denver 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 5

6. Army Contracting – Procuring Army Strength FOUO Defense Acquisition Regulations (DAR) Council 6

7. Army Contracting – Procuring Army Strength FOUO 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. 7

8. Army Contracting – Procuring Army Strength FOUO DAR Council 8

9. Army Contracting – Procuring Army Strength FOUO DAR Council Responsibilities: Promulgate the DFARS and PGI Promulgate the FAR (in conjunction with CAAC) Members: Representatives from the Military Services and Defense Agencies Representatives from NASA DoD 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) 9

10. Army Contracting – Procuring Army Strength FOUO DAR Council ARMY NAVY DLA NASA DCMA USAF Chair General Counsel Deputy Chair DARS Analysts DAU Liaison DARS Publisher 10

11. Army Contracting – Procuring Army Strength FOUO Regulations 11

12. Army Contracting – Procuring Army Strength FOUO Regulations Federal Acquisition Regulation o Applies to Federal Government agencies o Required by law and policy Defense Federal Acquisition Regulation Supplement (DFARS) o Applies to DoD Components o Required by law or policy 12

13. Army Contracting – Procuring Army Strength FOUO Regulations DFARS Procedures, Guidance and Information (PGI) o Internal DoD procedures o Companion resource to the DFARS o Not required by law o Single access-point to internal DoD acquisition procedures, policy training and class deviations 13

14. Army Contracting – Procuring Army Strength FOUO The Rulemaking Process 14

15. Army Contracting – Procuring Army Strength FOUO 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 Proposed o Interim o Final 15

16. Army Contracting – Procuring Army Strength FOUO 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 Rulemaking Process 16

17. Army Contracting – Procuring Army Strength FOUO FAR Council Structure Rulemaking Process DFARS Committees 17

18. Army Contracting – Procuring Army Strength FOUO Rulemaking Process DFARS Committees GSA Legal Review OFPP Review Public Comment Period (60 days) Team Report – Evaluate Public Comments and Draft Final Rule OFPP Review FAR Final Rule Published OIRA Clearance DARC/CAAC Review (60 days) GSA Legal Review FAR Secretariat Publish (Interim/Proposed) FAC FAR Secretariat Publish Final in FAC OIRA Clearance DARC/CAAC Review 15 months Team Report and Draft Rule FAR Case Timeline 18

19. Army Contracting – Procuring Army Strength FOUO Rulemaking Process DAR Council Review DAR Editor Review/DoD Approval to Publish OFPP Review/OIRA Clearance Public Comment Period (60 days) Committee Report – Evaluate Public Comments and Draft Final Rule DAR Council Review DAR Editor Review/DoD Approval to Publish OFPP Review/OIRA Clearance DARS Editor Publish Final DFARS Final Rule Published DAR Editor Publish (Interim/Proposed) 12 months DFARS Case Timeline Committee Report and Draft Rule 19

20. Army Contracting – Procuring Army Strength FOUO Get Involved 20

21. Army Contracting – Procuring Army Strength FOUO 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?collec tionCode=FR&browsePath=2011&isCollapsed=true&leaf LevelBrowse=false&ycord=0 http://www.gpo.gov/fdsys/browse/collection.action?collec tionCode=FR&browsePath=2011&isCollapsed=true&leaf LevelBrowse=false&ycord=0 View Publication Notices on the DPAP website: http://www.acq.osd.mil/dpap/dars/change_notices.html http://www.acq.osd.mil/dpap/dars/change_notices.html View Public Comments at regulations.gov: www.regulations.gov www.regulations.gov 21

22. Army Contracting – Procuring Army Strength FOUO Get Involved DFARS Committees Submit input: o Directions provided in Federal Register Notice o Agency comment (through command channels) View FAR case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/far_case_status.html 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 http://www.acq.osd.mil/dpap/dars/case_status.html 22

23. Army Contracting – Procuring Army Strength FOUO Engineering-related Cases 23

24. Army Contracting – Procuring Army Strength FOUO FAR Case 2010-001 Sustainable Acquisition FAR Case 2010-004 Biobased Procurements FAR Changes: o FAR 23.103 Sustainable Acquisition o FAR 23.902 Contractor Compliance with Environmental Management Systems o FAR 23.404 Agency Affirmative Procurement Programs Engineering-related Cases 24

25. Army Contracting – Procuring Army Strength FOUO Clauses: o FAR 52.223-19 Compliance with Environmental Management Systems o FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts Engineering-related Cases 25

26. Army Contracting – Procuring Army Strength FOUO Agencies: o Promote sustainable technologies o Implement high-performance sustainable building practices o 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 Engineering-related Cases 26

27. Army Contracting – Procuring Army Strength FOUO 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 EMS o Establish affirmative procurement program for EPA and USDA-designated items Contractors: o Report USDA-designated biobased products purchased o Provide EMS information o Maximum use of biobased products Engineering-related Cases 27

28. Army Contracting – Procuring Army Strength FOUO 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 Engineering-related Cases 28

29. Army Contracting – Procuring Army Strength FOUO 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 Devices o DFARS 252.225-7018 Photovoltaic Devices – Certificate Engineering-related Cases 29

30. Army Contracting – Procuring Army Strength FOUO 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 devices o Certify photovoltaic devices use Engineering-related Cases 30

31. Army Contracting – Procuring Army Strength FOUO Challenges: o Few American photovoltaic device suppliers o Domestic photovoltaic devices tend to be expensive o Still developing implementing guidance (slow) Engineering-related Cases 31

32. Army Contracting – Procuring Army Strength FOUO Questions? 32