DAR Council Brief Current 20120827

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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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The Rulemaking Process

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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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Your DAR Council

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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General Counsel Support

“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)

FAR

DFARS

PGI

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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OUSD(AT&L)DPAP/DARS urls

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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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