Defense Acquisition Regulations System
(DARS): The Rule-Making Process
How It Works and How You Can Get Involved
Date: February 20, 2013
Clarence M. Belton
Navy Policy Member
Defense Acquisition Regulations Council
Phone: (703) 693-4006
Email: clarence.belton@navy.mil
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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.
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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
Federal Acquisition Regulation Council
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
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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)
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DARS
Analysts
USAF
ARMY
DLA
Linda Neilson, Dir
Chip Retson, OGC Amy Williams, Dep
NASA
DCMA
DAR
Council
NAVY
DAU
Liaison
DFARS
Publisher
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“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.”
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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
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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)
DFARS Case Timeline
Committee Report with Draft
Proposed/interim
Rule (7 weeks)
DAR Council Review
(3 weeks) DAR Editor Review/DoD
Approval to Publish
(5 weeks)
DAR Editor Publish Final rule
(4 weeks)
DFARS Final Rule Published
12 months
DAR Editor Review/DoD
Approval to Publish
(4 weeks)
DAR Council Review
(3 weeks)
OFPP Review/OIRA Clearance
(4 weeks)
OFPP Review/OIRA Clearance
(4 weeks)
DAR Editor Publish
(Proposed/Interim)
(5 weeks)
Public Comment
Period (60 days)
Committee Report with analysis of
Public Comments and
Draft Final Rule (4 weeks)
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FAR Case Timeline
OFPP Review
(4 weeks)
Committee
Report with Draft
Proposed/Interim
Rule
(8 weeks)
OIRA Clearance
(4 weeks)
GSA Legal Review
(4 weeks)
DARC/CAAC Review
(8 weeks)
FAR Final Rule Published
16 months
FAR Secretariat
Publish Final in FAC
(6 weeks)
DARC/CAAC
Review
(5 weeks)
OFPP Review
(3 weeks)
Legal Review
(3 weeks)
OIRA Clearance
(4 weeks)
Public Comment
Period (60 days)
(9 weeks)
Committee Report with
Disposition of Public
Comments and Draft
Final Rule
(4 weeks)
FAR Secretariat
Publish
(Proposed/Interim(FAC))
(7 weeks)
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DPAP/DARS URLs
OUSD(AT&L)DPAP http://www.acq.osd.mil/dpap
OUSD(AT&L)DPAP/DARS http://www.acq.osd.mil/dpap/dars/index.html
FAR and DFARS
DoD Class Deviations
RSS-Subscribe to DFARS News Feed
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Getting Involved in the Rulemaking Process
Review FAR and DFARS proposed and interim rules
– Publication Notices: http://www.acq.osd.mil/dpap/dars
Submit input
– Agency comment (through command channels)
– Internet (follow local and agency procedures)
View public comments on proposed & interim rules
– DFARS rules: www.regulations.gov
– FAR rules: www.regulations.gov
View status of open cases
– http://www.acq.osd.mil/dpap/dars
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Contact Us:
Defense Acquisition Regulations System (DARS)
OUSD(AT&L) DPAP/DARS
3060 Defense Pentagon, Room 3B855
Washington, DC 20301-3060
Phone Number: 571-372-6176
Email Address: dfars@osd.mil
Web URL: http://www.acq.osd.mil/dpap/dars/ www.acq.osd.mil/dpap/dars/
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