DFARS change
DFARS Publication 2024-11-25
Subpart 212.2 - SPECIAL REQUIREMENTS FOR THE ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES
212.203 Procedures for solicitation, evaluation, and award.
− 212.205 Offers.
212.207 Contract type.
212.209 Determination of price reasonableness.
252.251-7000 Ordering From Government Supply Sources.
252.251-7001 Use of Interagency Fleet Management System (IFMS) Vehicles and Related Services.
+ 252.270 RESERVED
+ 252.270-7000 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
+ 252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
+ 252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
+ Part 270 - DEFENSE CONTRACTING PROGRAMS
+ 270.000 Scope of part.
+ Subpart 270.1 - Pilot Program to Incentivize Contracting with Employee-Owned Businesses
+ 270.100 Scope of subpart.
+ 270.101 Definition.
+ 270.102 Policy.
+ 270.103 Limitations.
+ 270.104 Procedures.
+ 270.105 Solicitation provisions and contract clause.
PGI 236.602 Selection of firms for architect-engineer contracts.
PGI 236.602-1 Selection criteria.
+ PGI 236.606-70 Statutory fee limitation.
PGI Part 253 - FORMS
− PGI 253.209 CONTRACTOR QUALIFICATIONS
PGI 253.2 -PRESCRIPTION OF FORMS
PGI 253.204 Reserved
PGI 253.208-1 DD Form 448, Military Interdepartmental Purchase Request.
PGI 253.208-2 DD Form 448-2, Acceptance of MIPR.
+ PGI 253.209 CONTRACTOR QUALIFICATIONS
PGI 253.213 Simplified acquisition procedures (SF's 18, 30, 44, 1165, 1449, and OF's 336, 347, and 348).
PGI 253.213-70 Completion of DD Form 1155, Order for Supplies or Services.
+ PGI Part 270 - DEFENSE CONTRACTING PROGRAMS
+ PGI 270.1 -PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES
+ PGI 270.104 Procedures.
+ PGI 270.1 -PILOT PROGRAM TO INCENTIVIZE CONTRACTING WITH EMPLOYEE-OWNED BUSINESSES
+ Subpart 270.1 - Pilot Program to Incentivize Contracting with Employee-Owned Businesses
+ PGI 270.104 Procedures.
+ (a) Contracting officers may submit applications for participation in the pilot program to OUSD(A&S), Defense Pricing, Contracting, and Acquisition Policy (DPCAP) (Contract Policy) (DPCAP/CP) via email at osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil. The application shall include the following:
+ (1) The cognizant contracting activity, including the department or agency, command, awarding contract office, and program office.
+ (2) A copy of the predecessor contract and modifications, except funding and administrative modifications, and indicate if such contract was awarded pursuant to subpart 270.1.
+ (3) A description of the proposed follow-on requirement, including the product or service, quantity, and period of performance.
+ (4) The anticipated contract value.
+ (5) A copy of any waiver(s) issued.
+ (b) DPCAP/CP will respond to the contracting officer within 30 days of receipt of the application.
+ (c) Contracting officers shall not issue a solicitation prior to receipt of DPCAP/CP approval of participation in this pilot program.
+ (d) Not later than 60 days after the end of the period of performance of the contract, the contracting activity shall submit to DPCAP/CP via email at osd.pentagon.ousd-a-s.mbx.asda-dp-c-contractpolicy@mail.mil—
+ (1) The contractor’s response submitted to the contracting officer pursuant to the clause at DFARS 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses; and
+ (2) Information from the contracting officer as follows:
+ (i) Summary of contractor performance on the predecessor contract.
+ (ii) Summary of contractor performance on the follow-on contract.
+ (iii) Identification and discussion of any benefits or disadvantages the contracting activity, department, or agency experienced using the pilot program.
+ (iv) Any best practices the department or agency implemented as a result of the pilot program.
+ (v) Any other information the department or agency would like to share regarding its experience utilizing the pilot program.
+ PGI 236.606-70 Statutory fee limitation.
+ This fee limitation applies only to Departments of the Army, Navy, and Air Force requirements (e.g., if the Department of the Army awards a contract for the Defense Logistics Agency or the Department of the Interior, this fee limitation does not apply). See FAR 15.404-4(c)(4)(i)(B) for the fee limitation that applies to other DoD components and civilian agencies.
203.1004 Contract clauses.
− (a) Use the clause at 252.203-7003 , Agency Office of the Inspector General, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services that include the FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.
+ (a) Use the clause at 252.203-7003 , Agency Office of the Inspector General, in solicitations and contracts that include the FAR clause 52.203-13, Contractor Code of Business Ethics and Conduct.
(b)(2)(ii) Unless the contract is for the acquisition of a commercial product or commercial service, use the clause at 252.203-7004 , Display of Hotline Posters, in lieu of the clause at FAR 52.203-14, Display of Hotline Poster(s), in solicitations and contracts, if the contract value exceeds $6 million. If the Department of Homeland Security (DHS) provides disaster relief funds for the contract, DHS will provide information on how to obtain and display the DHS fraud hotline poster (see FAR 3.1003).
204.7403 Contract clauses.
(a) Use the clause at 252.204-7014 , Limitations on the Use or Disclosure of Information by Litigation Support Contractors, in all solicitations and contracts that involve litigation support services, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services.
− (b) Use the clause at 252.204-7015 , Notice of Authorized Disclosure of Information for Litigation Support, in all solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services.
+ (b) Use the clause at 252.204-7015 , Notice of Authorized Disclosure of Information for Litigation Support, in solicitations and contracts that involve litigation support services, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services.
205.470 Contract clause.
− Use the clause at 252.205-7000 , Provision of Information to Cooperative Agreement Holders, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, that are expected to exceed $1.5 million. This clause implements 10 U.S.C. 4957.
+ Use the clause at 252.205-7000 , Provision of Information to Cooperative Agreement Holders, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations and contracts solely for the acquisition of commercially available off-the-shelf items, that are expected to exceed $1.5 million. This clause implements 10 U.S.C. 4957.
(b) Application. Agencies may use this authority to—
(i) Acquire supplies and services from military exchange stores outside the United States for use by the armed forces outside the United States in accordance with 10 U.S.C. 2424(a) and subject to the limitations of 10 U.S.C. 2424(b). The limitations of 10 U.S.C. 2424(b)(1) and (2) do not apply to the purchase of soft drinks that are manufactured in the United States. For the purposes of 10 U.S.C. 2424, soft drinks manufactured in the United States are brand name carbonated sodas, manufactured in the United States, as evidenced by product markings.
− (ii) Acquire police, fire protection, airfield operation, or other community services from local governments at military installations to be closed under the circumstances in
− 237.7401
− (Section 2907 of Fiscal Year 1994 Defense Authorization Act (Pub. L. 103-160)).
− (c) Limitations.
− (i) 10 U.S.C. 4141 precludes use of this exception for awards to colleges or universities for the performance of research and development, or for the construction of any research or other facility, unless—
+ (ii) Acquire police, fire protection, airfield operation, or other community services from local governments at military installations to be closed under the circumstances in 237.7401 (section 2907 of Fiscal Year 1994 Defense Authorization Act (Pub. L. 103-160)).
+ Acquire products and services under the Pilot Program to Incentivize Contracting with Employee-Owned Businesses (see subpart 270.1).
+ (c) Limitations. (i) 10 U.S.C. 4141 precludes use of this exception for awards to colleges or universities for the performance of research and development, or for the construction of any research or other facility, unless—
(A) The statute authorizing or requiring award specifically—
(1) States that the statute modifies or supersedes the provisions of 10 U.S.C. 4141;
(3) States that award is being made in contravention of 10 U.S.C. 4141(a); and
(B) The Secretary of Defense provides Congress written notice of intent to award. The contract cannot be awarded until 180 days have elapsed since the date Congress received the notice of intent to award. Contracting activities must submit a draft notice of intent with supporting documentation through channels to the Principal Director, Defense Pricing, Contracting, and Acquisition Policy, Office of the Under Secretary of Defense (Acquisition and Sustainment).
− (ii) The limitation in paragraph (c)(i) of this subsection applies only if the statute authorizing or requiring award was enacted after September 30, 1989.
+ (ii) The limitation in paragraph (c)(i) of this section applies only if the statute authorizing or requiring award was enacted after September 30, 1989.
(iii) Subsequent statutes may provide different or additional constraints on the award of contracts to specified colleges and universities. Contracting officers should consult legal counsel on a case-by-case basis.
− 212.205 Offers.
− (c) When using competitive procedures, if only one offer is received, the contracting officer shall follow the procedures at
− 215.371
− .
Business Practices and Personal Conflicts of Interest.
(A) Use the FAR clause at 52.203-3, Gratuities, as prescribed in FAR 3.202, to comply with 10 U.S.C. 4651.
− (B) Use the clause at 252.203-7000,
− Requirements Relating to Compensation of Former DoD Officials, as
− prescribed in 203.171-4(a), to comply with section 847 of Pub. L.
− 110-181.
+ (B) Use the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(a), to comply with section 847 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(C) Use the clause at 252.203-7002, Requirement to Inform Employees of Whistleblower Rights, as prescribed in 203.970, to comply with 10 U.S.C. 4701.
− (D) Use the clause at 252.203-7003, Agency Office of the Inspector General, as prescribed in 203.1004(a), to comply with section 6101 of Pub. L. 110-252 and 41 U.S.C. 3509.
− (E) Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
+ (D) Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
(ii) Part 204-Administrative
and Information Matters.
Antiterrorism Awareness Training for Contractors, as prescribed
in 204.7203.
− (B) Use the provision at 252.204-7008,
− Compliance with Safeguarding Covered Defense Information Controls,
− as prescribed in 204.7304(a).
− (C) Use the clause at 252.204-7009,
− Limitations on the Use or Disclosure of Third-Party Contractor Reported
− Cyber Incident Information, as prescribed in 204.7304(b).
− (D) Use the clause at 252.204-7012,
− Safeguarding Covered Defense Information and Cyber Incident Reporting,
− as prescribed in 204.7304(c).
+ (B) Use the provision at 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls, as prescribed in 204.7304(a), to comply with section 941 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 1632 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291).
+ (C) Use the clause at 252.204-7009, Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information, as prescribed in 204.7304(b), to comply with section 941 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 1632 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291).
+ (D) Use the clause at 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting, as prescribed in 204.7304(c), to comply with section 941 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and section 1632 of the National Defense Authorization Act for Fiscal Year 2015 (Pub. L. 113-291).
(E) Use the clause at 252.204-7014,
Limitations on the Use or Disclosure of Information by Litigation
Pricing Data - Modifications - Canadian Commercial Corporation,
as prescribed at 215.408(2)(ii).
− (C) Use the provision at 252.215-7007,
− Notice of Intent to Resolicit, as prescribed in 215.371-6.
− (D) Use the provision 252.215-7008,
− Only One Offer, as prescribed at 215.408(3).
− (E) Use the provision 252.215-7010,
− Requirements for Certified Cost or Pricing Data and Data Other Than
− Certified Cost or Pricing Data, as prescribed at 215.408(5)(i) to comply
− with section 831 of the National Defense Authorization Act for Fiscal
− Year 2013 (Pub. L. 112-239) and sections 851 and 853 of the National
− Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
+ (C) Use the provision 252.215-7008, Only One Offer, as prescribed at 215.408(3).
+ (D) Use the provision 252.215-7010, Requirements for Certified Cost or Pricing Data and Data Other Than Certified Cost or Pricing Data, as prescribed at 215.408(5)(i) to comply with section 831 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239) and sections 851 and 853 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
(1) Use the basic
provision as prescribed at 215.408(5)(i)(A).
(2) Use the alternate
I provision as prescribed at 215.408(5)(i)(B).
− (F) Use the provision at 252.215-7016,
− Notification to Offerors—Postaward Debriefings, as prescribed in
− 215.570, to comply with section 818 of the National Defense Authorization
− Act for Fiscal Year 2018 (Pub. L. 115-91).
+ (E) Use the provision at 252.215-7016, Notification to Offerors—Postaward Debriefings, as prescribed in 215.570, to comply with section 818 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91).
(vii) Part 216—Types of Contracts. Use the clause at 252.216-7010, Postaward Debriefings for Task Orders and Delivery Orders, as prescribed in 216.506-70(b), to comply with section 818 of the National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-91).
(viii) Part 219 - Small Business Programs.
(C) Use the clause at 252.219-7004, Small Business Subcontracting Plan
(Test Program), as prescribed in 219.708(b)(1)(B), to comply with 15 U.S.C. 637 note.
− (D) Use the provision at 252.219-7012, Competition for Religious-Related
− Services, as prescribed in 219.270-3.
+ (D) Use the provision at 252.219-7012, Competition for Religious-Related Services, as prescribed in 219.270-3, to comply with section 898 of the National Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
(ix) Part 223—Environment, Sustainable Acquisition, and Material Safety
.
(H) Use the clause at 252.225-7012, Preference for Certain Domestic Commodities, as prescribed in 225.7002-3(a), to comply with 10 U.S.C. 4862.
(I) Use the clause at 252.225-7015, Restriction on Acquisition of Hand or Measuring Tools, as prescribed in 225.7002-3(b), to comply with 10 U.S.C. 4862.
− (J) Use the clause at 252.225-7016,
− Restriction on Acquisition of Ball and Roller Bearings, as prescribed
− in 225.7009-5,
− to comply with section 8065 of Pub. L. 107-117 and the same restriction
− in subsequent DoD appropriations acts.
− (K) Use the clause at 252.225-7017,
− Photovoltaic Devices, as prescribed in 225.7017-4(a), to comply
− with section 846 of Public Law 111-383.
− (L) Use the provision at 252.225-7018,
− Photovoltaic Devices - Certificate, as prescribed in 225.7017-4(b), to comply with
− section 846 of Public Law 111-383.
+ (J) Use the clause at 252.225-7016, Restriction on Acquisition of Ball and Roller Bearings, as prescribed in 225.7009-5, to comply with section 8065 of Public Law 107-117 and the same restriction in subsequent DoD appropriations acts.
+ (K) Use the clause at 252.225-7017, Photovoltaic Devices, as prescribed in 225.7017-4(a), to comply with section 846 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383).
+ (L) Use the provision at 252.225-7018, Photovoltaic Devices - Certificate, as prescribed in 225.7017-4(b), to comply with section 846 of Public Law 111-383, to comply with section 846 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383).
(M) Use the clause at 252.225-7019, Restriction on Acquisition of Anchor and Mooring Chain, as prescribed in 225.7004-7(a), to comply with 10 U.S.C. 4864 and section 8041 of the Fiscal Year 1991 DoD Appropriations Act (Pub. L. 101-511) and similar sections in subsequent DoD appropriations acts.
(N) Use the provision at 252.225–7020, Trade Agreements Certificate, to comply with 19 U.S.C. 2501–2518 and 19 U.S.C. 4501–4732. Alternate I also implements section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181).
(S) Use the clause at 252.225-7027, Restriction on Contingent Fees for Foreign Military Sales, as prescribed in 225.7307(a), to comply with 22 U.S.C. 2779.
(T) Use the clause at 252.225-7028, Exclusionary Policies and Practices of Foreign Governments, as prescribed in 225.7307(b), to comply with 22 U.S.C. 2755.
− (U) Use the clause at 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police, as prescribed in 225.7703-4(d).
+ (U) Use the clause at 252.225-7029, Acquisition of Uniform Components for Afghan Military or Afghan National Police, as prescribed in 225.7703-4(d), to comply with section 826 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239).
(V) Use the provision at 252.225-7031, Secondary Arab Boycott of Israel, as prescribed in 225.7605, to comply with 10 U.S.C. 4659.
(W) Use the provision at 252.225-7035, Buy American - Free Trade Agreements - Balance of Payments Program Certificate, to comply with 41 U.S.C. chapter 83 and 19 U.S.C. 4501-4732. Alternates II, III, and V also implement section 886 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(6) Use the alternate
V clause as prescribed in 225.1101(10)(i)(F).
− (Y) Use the clause at 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States, as prescribed in 225.302-6, to comply with section 2 of Public Law 110-181, as amended.
+ (Y) Use the clause at 252.225-7039, Defense Contractors Performing Private Security Functions Outside the United States, as prescribed in 225.302-6, to comply with section 862 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(Z) Use the clause at 252.225-7040, Contractor Personnel Supporting U.S. Armed Forces Deployed Outside the United States, as prescribed in 225.371-5(a).
(AA) Use the clause at 252.225-7043, Antiterrorism/Force Protection Policy for Defense Contractors Outside the United States, as prescribed in 225.372-2.
(OO) Use the clause at 252.225-7064, Restriction on Acquisition of Certain Satellite Components, as prescribed in 225.7004-7(d), to comply with 10 U.S.C. 4864.
(PP) Use the provision at 252.225-7065, Restriction on Acquisition of Fuel for Overseas Contingency Operations, as prescribed in 225.7024-4, to comply with section 843 of the National Defense Authorization Act for Fiscal Year 2022 (Pub. L. 117-81).
− (xi) Part 226 - Other Socioeconomic Programs. (A) Use the clause at 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, as prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248 and similar sections in subsequent DoD appropriations acts.
− (B) Use the provision at 252.226-7002,
− Representation for Demonstration Project for Contractors Employing
− Persons with Disabilities, as prescribed in 226.7203.
+ (xi) Part 226 - Other Socioeconomic Programs. (A) Use the clause at 252.226-7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns, as prescribed in 226.104, to comply with section 8021 of Pubic Law 107-248 and similar sections in subsequent DoD appropriations acts.
+ (B) Use the provision at 252.226-7002, Representation for Demonstration Project for Contractors Employing Persons with Disabilities, as prescribed in 226.7203, to comply with section 853 of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136).
(xii) Part 227 - Patents, Data, and Copyrights. (A) Use the clause at 252.227-7013, Rights in Technical Data-Other Than Commercial Products and Commercial Services, as prescribed in 227.7103-6(a). Use the clause with its Alternate I as prescribed in 227.7103-6(b)(1). Use the clause with its Alternate II as prescribed in 227.7103-6(b)(2), to comply with 10 U.S.C. 8687 and 17 U.S.C. 1301, et seq.
(B) Use the clause at 252.227-7015, Technical Data-Commercial Products and Commercial Services, as prescribed in 227.7102-4(a)(1), to comply with 10 U.S.C. 3772(a). Use the clause with its Alternate I as prescribed in 227.7102-4(a)(2), to comply with 10 U.S.C. 8687 and 17 U.S.C. 1301, et seq.
− (C) Use the clause at 252.227-7037,
− Validation of Restrictive Markings on Technical Data, as prescribed
− in 227.7102-4(c).
+ (C) Use the clause at 252.227-7037, Validation of Restrictive Markings on Technical Data, as prescribed in
+ 227.7102-4(c), to comply with 10 U.S.C. 3781-3786.
(xiii) Part 229—Taxes. Use the clause at 252.229-7014, Full Exemption from Two-Percent Excise Tax on Certain Foreign Procurements, as prescribed in 229.402-70, to comply with 26 U.S.C. 5000C.
(xiv) Part 232 - Contract Financing. (A) Use the clause at 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports, as prescribed in 232.7004, to comply with 10 U.S.C. 4601.
Mandatory Payment by Governmentwide Commercial Purchase Card, as
prescribed in 232.1110.
− (D) Use the clause at 252.232-7010,
− Levies on Contract Payments, as prescribed in 232.7102.
+ (D) Use the clause at 252.232-7010, Levies on Contract Payments, as prescribed in
+ 232.7102, to comply with 26 U.S.C. 6331(h).
(E) Use the clause at 252.232-7011,
Payments in Support of Emergencies and Contingency Operations, as
prescribed in 232.7202.
(xv) Part 237 - Service Contracting.
− (A) Use the clause at 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel, as prescribed in 237.173-5, to comply with section 1038 of Pub. L. 111-84.
− (B) Use the clause at 252.237-7019, Training for Contractor Personnel Interacting with Detainees, as prescribed in 237.171-4, to comply with section 1092 of Pub. L. 108-375.
+ (A) Use the clause at 252.237-7010, Prohibition on Interrogation of Detainees by Contractor Personnel, as prescribed in 237.173-5, to comply with section 1038 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84).
+ (B) Use the clause at 252.237-7019, Training for Contractor Personnel Interacting with Detainees, as prescribed in 237.171-4, to comply with section 1092 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-375).
(C) Use the provision at 252.237-7025, Preaward Transparency Requirements for Firms Offering to Support Department of Defense Audits—Representation and Disclosure, as prescribed in 237.270(e)(3), to comply with section 1006 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) and section 1011 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).
(D) Use the clause at 252.237-7026, Postaward Transparency Requirements for Firms that Support Department of Defense Audits, as prescribed in 237.270(e)(4), to comply with section 1006 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) and section 1011 of the National Defense Authorization Act for Fiscal Year 2020 (Pub. L. 116-92).
(A) Use the clause at 252.246-7003,
Notification of Potential Safety Issues, as prescribed in246.370(a).
− (B) Use the clause at 252.246-7004,
− Safety of Facilities, Infrastructure, and Equipment for Military
− Operations, as prescribed in 246.270-4, to comply with
− section 807 of Pub. L. 111-84.
+ (B) Use the clause at 252.246-7004, Safety of Facilities, Infrastructure, and Equipment for Military Operations, as prescribed in 246.270-4, to comply with section 807 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111-84).
(C) Use the clause at 252.246-7008,
Sources of Electronic Parts, as prescribed in 246.870-3(b), to comply
(Pub. L. 113-291 and section 885 of the National Defense Authorization
Act for Fiscal Year 2016 (Pub. L. 114-92).
− (xxi) Part 247 - Transportation.(A) Use the clause at 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer, as prescribed in 247.207, to comply with section 884 of Public Law 110-417.
+ (xxi) Part 247 - Transportation.(A) Use the clause at 252.247-7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the Cost Bearer, as prescribed in 247.207, to comply with section 884 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(B) Use the basic or one of the alternates of the clause at 252.247-7023, Transportation of Supplies by Sea, as prescribed in 247.574(a), to comply with the Cargo Preference Act of 1904 (10 U.S.C. 2631(a)).
(1) Use the basic clause as prescribed in 247.574(a)(1).
(3) Use the alternate II clause as prescribed in 247.574(a)(3).
(C) Use the clause 252.247-7025, Reflagging or Repair Work, as prescribed in 247.574(c), to comply with 10 U.S.C. 2631(b).
− (D) Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards - Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(c), to comply with section 1017 of Public Law 109-364.
+ (D) Use the provision at 252.247-7026, Evaluation Preference for Use of Domestic Shipyards - Applicable to Acquisition of Carriage by Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as prescribed in 247.574(c), to comply with section 1017 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364).
(E) Use the clause at 252.247-7027, Riding Gang Member Requirements, as prescribed in 247.574(d), to comply with section 3504 of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(F) Use the clause at 252.247-7028, Application for U.S. Government Shipping Documentation/Instructions, as prescribed in 247.207.
+ (xxii) Part 270—Defense Contracting Programs.
+ (A) Use the provision at 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation, as prescribed at 270.105(a) to comply with section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81; 10 U.S.C. 3204 note) and section 872 of the NDAA for FY 2024 (Pub. L. 118-31; 10 U.S.C. 3204 note).
+ (B) Use the provision at 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification, as prescribed at 270.105(b), to comply with section 874 of the NDAA for FY 2022 (Pub. L. 117-81; 10 U.S.C. 3204 note) and section 872 of the NDAA for FY 2024 (Pub. L. 118-31; 10 U.S.C. 3204 note).
+ (C) Use the clause at 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses, as prescribed at 270.105(c), to comply with section 874 of the NDAA for FY 2022 (Pub. L. 117-81; 10 U.S.C. 3204 note) and section 872 of the NDAA for FY 2024 (Pub. L. 118-31; 10 U.S.C. 3204 note).
The following provisions and clauses, not expressly authorized in law, are not applicable to contracts for the acquisition of commercial products and commercial services:
(a) FAR 52.204-22, Alternative Line Item Proposal.
− (b) Reserved.
+ (b) 252.203-7003, Agency Office of the Inspector General.
+ (c) 252.215-7007, Notice of Intent to Resolicit.
212.371
Inapplicability of certain provisions and clauses to contracts for the acquisition of commercially available off-the-shelf items.
− Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, the provisions and clauses listed in 212.370 as not applicable to contracts or subcontracts for the acquisition of commercial products are also not applicable to contracts or subcontracts for the acquisition of COTS items. In addition, the following provisions and clauses published after January 1, 2015, not expressly authorized in law, are not applicable to contracts for the acquisition of COTS items:
+ Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, the provisions and clauses listed in 212.370 as not applicable to contracts or subcontracts for the acquisition of commercial products are also not applicable to contracts or subcontracts for the acquisition of COTS items. In addition, the following provisions and clauses published after October 13, 1994, not expressly authorized in law, are not applicable or are modified in their applicability to contracts for the acquisition of COTS items:
(a) FAR 52.204-21, Basic Safeguarding of Covered Contractor Information Systems.
− (b) Reserved.
+ (b) 252.204-7008, Compliance with Safeguarding Covered Defense Information Controls.
+ (c) 252.204-7012, Safeguarding Covered Defense Information and Cyber Incident Reporting.
+ (d) 252.204-7019, Notice of NIST SP 800-171 DoD Assessment Requirements.
+ (e) 252.204-7020, NIST SP 800-171 DoD Assessment Requirements.
+ (f) 252.204-7021, Cybersecurity Maturity Model Certification Requirements.
+ (g) 252.205-7000, Provision of Information to Cooperative Agreement Holders.
+ (h) 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
+ (i) 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
+ (j) 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
(xi) 10 U.S.C. 4801 note prec., Notification of Proposed Program Termination.
(xii) 10 U.S.C. 4864, Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods. 10 U.S.C. 4864 is not applicable to subcontracts valued at or below the simplified acquisition threshold.
− (xiii) 10 U.S.C. 4871, Reporting Requirement Regarding Dealings with Terrorist Countries.
− (xiv) Section 8116 of the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and similar sections in subsequent DoD appropriations acts.
− (xv) Domestic Content Restrictions in the National Defense Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless the restriction specifically applies to commercial products and commercial services. For the restriction that specifically applies to commercial ball or roller bearings as end items, see 225.7009-3 (section 8065 of Pub. L. 107-117).
+ (xiii) Section 8116 of the Defense Appropriations Act for Fiscal Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and similar sections in subsequent DoD appropriations acts.
+ (xiv) Domestic Content Restrictions in the National Defense Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless the restriction specifically applies to commercial products and commercial services. For the restriction that specifically applies to commercial ball or roller bearings as end items, see 225.7009-3
+ (section 8065, Pub. L. 107-117).
(b) Certain requirements of the following laws have been eliminated for subcontracts at any tier for the acquisition of commercial products, commercial services, or commercial components:
(i) 10 U.S.C. 4654(d), Subcontractor Reports Under Prohibition Against Doing Business with Certain Offerors (see FAR 52.209-6).
212.505
Applicability of certain laws to contracts for the acquisition of COTS items.
− Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, any laws listed at FAR 12.503, FAR 12.504, 212.503, or 212.504 are also not applicable or modified in their applicability to contracts for the acquisition of COTS items. In addition to the laws listed at FAR 12.505 as specifically not applicable to COTS items, the following laws are not applicable to contracts for the acquisition of COTS items:
+ Commercially available off-the-shelf (COTS) items are a subset of commercial products. Therefore, any laws listed at FAR 12.503, FAR 12.504, 212.503, or 212.504 are also not applicable or are modified in their applicability to contracts for the acquisition of COTS items. In addition to the laws listed at FAR 12.505 as specifically not applicable to COTS items, the following laws are not applicable to contracts for the acquisition of COTS items:
(1) 10 U.S.C. 391, Reporting on Cyber Incidents with Respect to Networks and Information Systems of Operationally Critical Contractors and Certain Other Contractors, and 10 U.S.C. 393, Reporting on Penetrations of Networks and Information Systems of Certain Contractors.
− (2) Paragraph (a)(1) of 10 U.S.C. 4863, Requirement to buy strategic materials critical to national security from American sources, except as provided at
− 225.7003-3
− (b)(2)(i).
− (3) Paragraph (a)(1) of 10 U.S.C. 4872, Prohibition on acquisition of sensitive materials from non-allied foreign nations, except as provided at
− 225.7018-3
− (c)(1).
+ (2) Paragraph (a)(1) of 10 U.S.C. 4863, Requirement to buy strategic materials critical to national security from American sources, except as provided at 225.7003-3 (b)(2)(i).
+ (3) Paragraph (a)(1) of 10 U.S.C. 4872, Prohibition on acquisition of sensitive materials from non-allied foreign nations, except as provided at 225.7018-3 (c)(1).
215.371-4 Exceptions.
− (a) The requirements at section 215.371-2 do not apply to -
+ (a) The requirements at 215.371-2
+ do not apply to -
(1) Acquisitions at or below the simplified acquisition threshold;
(2) Acquisitions, as determined by the head of the contracting activity, in support of contingency or humanitarian or peacekeeping operations; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate the provision of international disaster assistance; or to support response to an emergency or major disaster;
(5) Acquisitions of architect-engineer services (see FAR 36.601-2); or
(6) Acquisitions under a commercial solutions opening pursuant to subpart 212.70.
+ (7) Acquisitions of commercial products and commercial services using FAR part 12 procedures.
(b) The applicability of an exception in paragraph (a) of this section does not eliminate the need for the contracting officer to seek maximum practicable competition and to ensure that the price is fair and reasonable.
215.371-6 Solicitation provision.
− Use the provision at 252.215-7007 , Notice of Intent to Resolicit, in competitive solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, that will be solicited for fewer than 30 days, unless an exception at 215.371-4 applies or the requirement is waived in accordance with 215.371-5 .
+ Use the provision at 252.215-7007 , Notice of Intent to Resolicit, in competitive solicitations that will be solicited for fewer than 30 days, unless an exception at 215.371-4 applies or the requirement is waived in accordance with 215.371-5 .
252.225-7042
in the solicitation.
− (4) Unless an exception in
− 225.770-3
− applies, use the clause at
− 252.225-7007
− , Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies, in solicitations and contracts involving the delivery of items covered by the United States Munitions List or the 600 series of the Commerce Control List.
+ (4) Unless an exception in 225.770-3 applies, use the clause at 252.225-7007 , Prohibition on Acquisition of Certain Items from Communist Chinese Military Companies, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, involving the delivery of items covered by the United States Munitions List or the 600 series of the Commerce Control List.
+ 252.270 RESERVED
+ 252.270-7000 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation.
+ As prescribed in 270.105(a), use the following provision:
+ Pilot Program To Incentivize Contracting With Employee-Owned Businesses—Representation (Nov 2024)
+ (a) Definition. As used in this provision, qualified business has the meaning given in the Defense Federal Acquisition Regulation Supplement 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses, clause of this solicitation.
+ (b) Representation. The Offeror represents that it is a qualified business.
+ (End of provision)
+ 252.270-7001 Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification.
+ As prescribed in 270.105(b), use the following provision:
+ Pilot Program To Incentivize Contracting With Employee-Owned Businesses—Subcontracting Certification (Nov 2024)
+ (a) Definition. As used in this provision, qualified business has the meaning given in the Defense Federal Acquisition Regulation Supplement 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses, clause of this solicitation.
+ (b) Limitations on subcontracting. The Offeror certifies that in performance of the contract it will not expend more than 50 percent of the amount paid under the contract on subcontracts unless—
+ (1) The subcontract is awarded to a qualified business;
+ (2) The contract is for products and the subcontract is for materials not available from another qualified business; or
+ (3) A waiver is granted.
+ (End of provision)
+ 252.270-7002 Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
+ As prescribed in 270.105(c), use the following clause:
+ Pilot Program To Incentivize Contracting With Employee-Owned Businesses (Nov 2024)
+ (a) Definition. As used in this clause—
+ Qualified business means an S corporation as defined in 26 U.S.C. 1361(a)(1) for which 100 percent of the outstanding stock is held through an employee stock ownership plan as defined in 26 U.S.C. 4975(e)(7).
+ (b) Limitations on subcontracting. In performance of the contract, the Contractor shall not expend more than 50 percent of the amount paid under the contract on subcontracts, unless—
+ (1) The subcontract is awarded to a qualified business;
+ (2) The contract is for products and the subcontract is for materials not available from another qualified business; or
+ (3) A waiver is granted.
+ (c) Reporting requirement. Not later than 30 days after the end of the contract period of performance, the Contractor shall submit to the Contracting Officer the following information in writing:
+ (1) The number of years the Contractor has been wholly-owned by its employee stock ownership plan.
+ (2) Challenges, if any, the Contractor experienced in attracting and retaining a talented workforce in a competitive market due to the Contractor's corporate ownership structure.
+ (3) Challenges, if any, the Contractor experienced that hinder its ability to contract with DoD to scale its technologies and capabilities due to the Contractor's corporate ownership structure.
+ (4) Challenges, if any, the Contractor experienced, due to its corporate ownership structure, in obtaining capital necessary to bridge funding gaps, for example, between prototype demonstration and full-scale development.
+ (End of clause)
+ 270.000 Scope of part.
+ This part has been created to facilitate promulgation of additional DFARS coverage of defense-specific contracting programs that do not properly fall under DFARS subchapter D, Socioeconomic Programs, and neither implement nor supplement existing FAR part 19 or parts 22 through 25.
+ 270.100 Scope of subpart.
+ (a) This subpart implements section 874 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 (Pub. L. 117-81; 10 U.S.C. 3204 note) and section 872 of the NDAA for FY 2024 (Pub. L. 118-31; 10 U.S.C. 3204 note). Sections 874 and 872 authorize the establishment of a pilot program that allows for the noncompetitive award of certain follow-on contracts to contractors that meet the definition of a qualified business (see 270.101).
+ (b) The authority to award contracts under this subpart expires on December 27, 2029.
+ 270.101 Definition.
+ As used in this subpart—
+ Qualified business means an S corporation as defined in 26 U.S.C. 1361(a)(1) for which 100 percent of the outstanding stock is held through an employee stock ownership plan as defined in 26 U.S.C. 4975(e)(7).
+ 270.102 Policy.
+ (a) The contracting officer may only award one sole-source, follow-on contract to the incumbent contractor if—
+ (1) The contractor has represented that it is a qualified business; and
+ (2) The contract is for the continued development, production, or provision of products or services that are the same as or substantially similar to those procured under the prior contract awarded to the contractor by or for DoD.
+ (b) The contracting officer shall justify the use of a sole-source contract in accordance with FAR 6.303 and 6.304 and cite FAR 6.302-5 as the exception to full and open competition.
+ 270.103 Limitations.
+ (a) Participation in the pilot program is subject to approval by the Under Secretary of Defense (Acquisition and Sustainment), Office of the Principal Director, Defense Pricing, Contracting, and Acquisition Policy (Contract Policy). Only a contracting officer may submit an application to participate in the pilot program. See PGI 270.104(a).
+ (b) Contracting officers shall only award—
+ (1) One sole-source, follow-on contract per predecessor contract to the incumbent contractor unless waived by the head of the contracting activity, delegable to a level no lower than one level above the contracting officer;
+ (2) Contracts to qualified businesses that have a minimum performance rating of satisfactory for the predecessor contract in the Contractor Performance Assessment Reporting System (see FAR subpart 42.15); and
+ (3) Contracts to qualified businesses that have certified they will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not qualified businesses, except for subcontracts for materials not available from another qualified business when the contract is for products, unless waived by the head of the contracting activity, delegable to a level no lower than one level above the contracting officer.
+ 270.104 Procedures.
+ See PGI 270.104 for procedures and information concerning the pilot program.
+ 270.105 Solicitation provisions and contract clause.
+ (a) Use the provision at 252.270-7000, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Representation, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations solely for the acquisition of commercially available off-the-shelf (COTS) items, that include the clause at 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
+ (b) Unless waived in accordance with 270.103(b)(3), use the provision at 252.270-7001, Pilot Program to Incentivize Contracting with Employee-Owned Businesses—Subcontracting Certification, in solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations solely for the acquisition of COTS items, that include the clause at 2 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses.
+ (c) Use the clause at 252.270-7002, Pilot Program to Incentivize Contracting with Employee-Owned Businesses, in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial products and commercial services, except for solicitations and contracts solely for the acquisition of COTS items, for approved pilot program acquisitions.
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