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
Army Contracting – Procuring Army Strength
1
FOUO
Agenda
• 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
Army Contracting – Procuring Army Strength
2
FOUO
Office of the Deputy Assistant
Secretary of the Army
(Procurement)
(ODASA(P))
Army Contracting – Procuring Army Strength
3
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.
Army Contracting – Procuring Army Strength
4
FOUO
ODASA(P)
DASA(P)
Mr. Kim D. Denver
Executive Director
Acquisition of Services
DASA(P) MILDEP
HCA/PARC Operations
Workforce Development
Policy & Oversight
Operations
Enterprise Business
Systems
Portfolio Coordination, Data
Analysis & Execution
Regulations Team Leader
Army DAR Council
Member
Procurement Support
Operational Contracting
Support
Army Contracting – Procuring Army Strength
5
FOUO
Defense Acquisition
Regulations (DAR) Council
Army Contracting – Procuring Army Strength
6
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.
Army Contracting – Procuring Army Strength
7
FOUO
DAR Council
Army Contracting – Procuring Army Strength
8
FOUO
DAR Council
• Chair – DAR Council Director
• Members
o
Responsibilities:
Military Departments
Promulgate the DFARS and PGI
• Army
Promulgate the FAR (in conjunction with
CAAC)
• Air Force
Members:
• Navy
Representatives from the Military
Services and Defense Agencies
o Defense Agencies
Representatives from NASA
• Defense Logistics
Agency
DoD DAR Council Chair
• Defense Contract Management Agency
o
National Aeronautics & Space Administration (NASA)
Army Contracting – Procuring Army Strength
9
FOUO
DAR Council
Chair
General Counsel
Deputy Chair
DLA
USAF
ARMY
NASA
DAR
Council
DCMA
NAVY
DAU Liaison
DARS Analysts
DARS Publisher
Army Contracting – Procuring Army Strength
10
FOUO
Regulations
Army Contracting – Procuring Army Strength
11
FOUO
Regulations
• Federal Acquisition Regulation
o
o
Applies to Federal Government agencies
Required by law and policy
• Defense Federal Acquisition Regulation Supplement
(DFARS)
o
o
Applies to DoD Components
Required by law or policy
Army Contracting – Procuring Army Strength
12
FOUO
Regulations
• DFARS Procedures, Guidance and Information
(PGI)
o
o
o
o
Internal DoD procedures
Companion resource to the DFARS
Not required by law
Single access-point to internal DoD acquisition
procedures, policy training and class deviations
Army Contracting – Procuring Army Strength
13
FOUO
The Rulemaking Process
Army Contracting – Procuring Army Strength
14
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
o
o
Proposed
Interim
Final
Army Contracting – Procuring Army Strength
15
FOUO
Rulemaking Process
Sources of FAR/DFARS/PGI Changes
Legislation
IG & GAO Recommendations
Court Decisions
OFPP Policy Letters
Executive Orders
Agency Recommendations
FAR
DFARS
PGI
Individual Recommendations
Industry Recommendations
Policy Changes (e.g., USD (AT&L), DPAP)
Army Contracting – Procuring Army Strength
16
FOUO
Rulemaking Process
FAR Council Structure
DFARS Committees
Army Contracting – Procuring Army Strength
17
FOUO
Rulemaking Process
FAR Case Timeline
Team Report
and Draft Rule
GSA Legal Review
DARC/CAAC Review
(60 days)
OFPP Review
FAR Final Rule Published
OIRA Clearance
15 months
Public Comment
Period (60 days)
OIRA Clearance
FAR Secretariat
Publish Final in FAC
DARC/CAAC
Review
OFPP Review
GSA Legal Review
DFARS
Committees
Team Report –
Evaluate Public
Comments and
Draft Final Rule
FAR Secretariat
Publish
(Interim/Proposed)
FAC
Army Contracting – Procuring Army Strength
18
FOUO
Rulemaking Process
DFARS Case Timeline
Committee
Report and
Draft Rule
DAR Editor Review/DoD
Approval to Publish
OFPP Review/OIRA
Clearance
DAR Council Review
DFARS Final Rule Published
DAR Editor Publish
(Interim/Proposed)
12 months
Public Comment
Period (60 days)
DARS Editor Publish Final
DAR Editor Review/DoD
Approval to Publish
DAR Council Review
Committee Report –
Evaluate Public
Comments and Draft
Final Rule
OFPP Review/OIRA Clearance
Army Contracting – Procuring Army Strength
19
FOUO
Get Involved
Army Contracting – Procuring Army Strength
20
FOUO
Get Involved
• 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
• View Publication Notices on the DPAP website:
http://www.acq.osd.mil/dpap/dars/change_notices.html
• View Public Comments at regulations.gov:
www.regulations.gov
DFARS
Committees
Army Contracting – Procuring Army Strength
21
FOUO
Get Involved
• Submit input:
o
o
Directions provided in Federal Register Notice
Agency comment (through command channels)
• View FAR case status on the DPAP website :
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
DFARS
Committees
Army Contracting – Procuring Army Strength
22
FOUO
Engineering-related Cases
Army Contracting – Procuring Army Strength
23
FOUO
Engineering-related Cases
• FAR Case 2010-001 Sustainable Acquisition
• FAR Case 2010-004 Biobased Procurements
• FAR Changes:
o
o
o
FAR 23.103 Sustainable Acquisition
FAR 23.902 Contractor Compliance with Environmental
Management Systems
FAR 23.404 Agency Affirmative Procurement Programs
Army Contracting – Procuring Army Strength
24
FOUO
Engineering-related Cases
• Clauses:
o
o
FAR 52.223-19 Compliance with Environmental
Management Systems
FAR 52.223-2 Affirmative Procurement of Biobased
Products under Service and Construction Contracts
Army Contracting – Procuring Army Strength
25
FOUO
Engineering-related Cases
• 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
Army Contracting – Procuring Army Strength
26
FOUO
Engineering-related Cases
• 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
o
Implement EMS
Establish affirmative procurement program for EPA and
USDA-designated items
• Contractors:
o
o
o
Report USDA-designated biobased products purchased
Provide EMS information
Maximum use of biobased productsArmy Contracting – Procuring Army Strength
27
FOUO
Engineering-related Cases
• 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
Army Contracting – Procuring Army Strength
28
FOUO
Engineering-related Cases
• DFARS Case 2011-D046, Utilization of Domestic
Photovoltaic Devices
• FAR Changes:
o
DFARS 225.7017 Utilization of Domestic Photovoltaic
Devices
• Clauses:
o
o
DFARS 252.225-7017 Photovoltaic Devices
DFARS 252.225-7018 Photovoltaic Devices – Certificate
Army Contracting – Procuring Army Strength
29
FOUO
Engineering-related Cases
• 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
o
Use domestic photovoltaic devices when contract results in
DoD ownership of photovoltaic devices
Army Contracting – Procuring Army Strength
Certify photovoltaic devices use
30
FOUO
Engineering-related Cases
• Challenges:
o
o
o
Few American photovoltaic device suppliers
Domestic photovoltaic devices tend to be expensive
Still developing implementing guidance (slow)
Army Contracting – Procuring Army Strength
31
FOUO
Questions?
Army Contracting – Procuring Army Strength
32