army contracting – procuring army strength fouo dar council overview for the same dc post and...
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Army Contracting – Procuring Army Strength
FOUO
DAR Council Overviewfor the
SAME DC POST and ACEC/MW Joint Conference
Dina T. JeffersArmy Policy Member to the DAR Council
June 14, 2012
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Army Contracting – Procuring Army Strength
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• 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
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Office of the Deputy Assistant Secretary of the Army
(Procurement)
(ODASA(P))
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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.
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Executive Director Acquisition of Services
Portfolio Coordination, Data Analysis & Execution
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
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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.
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DAR Council
Responsibilities:Promulgate the DFARS and PGIPromulgate the FAR (in conjunction with CAAC)
Members:Representatives from the Military Services and Defense AgenciesRepresentatives from NASADoD 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)
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DAR Council
DAR Council
ARMY NAVY
DLA NASA
DCMAUSAF
Chair
General Counsel Deputy Chair
DARS AnalystsDAU Liaison
DARS Publisher
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Regulations
• Federal Acquisition Regulationo Applies to Federal Government agencieso Required by law and policy
• Defense Federal Acquisition Regulation Supplement (DFARS)o Applies to DoD Componentso Required by law or policy
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Regulations
• DFARS Procedures, Guidance and Information (PGI)o Internal DoD procedureso Companion resource to the DFARSo Not required by lawo Single access-point to internal DoD acquisition
procedures, policy training and class deviations
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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 Ruleso Proposedo Interimo Final
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Sources of FAR/DFARS/PGI ChangesLegislation
IG & GAO Recommendations
Court Decisions
OFPP Policy Letters
Executive Orders
Agency Recommendations
Individual Recommendations
Industry Recommendations
Policy Changes (e.g., USD (AT&L), DPAP)
FARDFARS
PGI
FARDFARS
PGI
Rulemaking Process
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FAR Council Structure
Rulemaking Process
DFARS Committees
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Rulemaking Process
DFARS Committees
GSA Legal Review
OFPP Review
Public Comment Period (60 days)
Team Report – Evaluate PublicComments 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/CAACReview
15 months
Team Report and Draft Rule
FAR Case Timeline
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Rulemaking Process
DAR Council Review
DAR Editor Review/DoD Approval to Publish
OFPP Review/OIRA Clearance
Public Comment Period (60 days)
Committee Report – Evaluate PublicComments and Draft Final Rule
DAR Council ReviewDAR Editor Review/DoD Approval to Publish
OFPP Review/OIRA Clearance
DARS Editor Publish Final
DFARS Final Rule PublishedDAR Editor Publish (Interim/Proposed)
12 months
DFARS Case Timeline
Committee Report and Draft Rule
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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?collectionCode=FR&browsePath=2011&isCollapsed=true&leafLevelBrowse=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
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Get Involved
DFARS Committees
• Submit input:o Directions provided in Federal Register Noticeo 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
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• FAR Case 2010-001 Sustainable Acquisition
• FAR Case 2010-004 Biobased Procurements
• FAR Changes:o FAR 23.103 Sustainable Acquisitiono FAR 23.902 Contractor Compliance with Environmental
Management Systemso FAR 23.404 Agency Affirmative Procurement Programs
Engineering-related Cases
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• Clauses:o FAR 52.223-19 Compliance with Environmental
Management Systemso FAR 52.223-2 Affirmative Procurement of Biobased
Products under Service and Construction Contracts
Engineering-related Cases
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• 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
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• 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 EMSo Establish affirmative procurement program for EPA and
USDA-designated items
• Contractors:o Report USDA-designated biobased products purchasedo Provide EMS informationo Maximum use of biobased products
Engineering-related Cases
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• 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
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• 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 Deviceso DFARS 252.225-7018 Photovoltaic Devices – Certificate
Engineering-related Cases
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• 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 deviceso Certify photovoltaic devices use
Engineering-related Cases
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• Challenges:o Few American photovoltaic device supplierso Domestic photovoltaic devices tend to be expensiveo Still developing implementing guidance (slow)
Engineering-related Cases
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