for the SAME DC POST and ACECMW Joint Conference Dina T Jeffers Army Policy Member to the DAR Council June 14 2012 1 Office of the Deputy Assistant Secretary of the Army Procurement ODASAP ID: 373563
Download Presentation The PPT/PDF document "DAR Council Overview" is the property of its rightful owner. Permission is granted to download and print the materials on this web site for personal, non-commercial use only, and to display it on your personal computer provided you do not modify the materials and that you retain all copyright notices contained in the materials. By downloading content from our website, you accept the terms of this agreement.
Slide1
DAR Council Overviewfor theSAME DC POST and ACEC/MW Joint Conference Dina T. JeffersArmy Policy Member to the DAR CouncilJune 14, 2012
1Slide2
Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P))Defense Acquisition Regulations (DAR) CouncilRegulationsRulemaking Process
Get Involved
Engineering Related CasesQuestions
Agenda
2Slide3
Office of the Deputy Assistant Secretary of the Army (Procurement)(ODASA(P))3Slide4
ODASA(P)Office of the Deputy Assistant Secretary of the Army (Procurement) – ODASA(P)Director: Mr. Kim D. DenverMission: World-class leaders that develop and oversee policies, programs, and people enabling the acquisition of goods and services for the Soldier.
4Slide5
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
5Slide6
Defense Acquisition Regulations (DAR) Council6Slide7
DAR CouncilDefense Acquisition Regulations System – DARS Director: Ms. Linda NeilsonMission: 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.
7Slide8
DAR Council
8Slide9
DAR Council
Responsibilities:
Promulgate the DFARS and PGI
Promulgate the FAR (in conjunction with CAAC)
Members:
Representatives from the Military Services and Defense Agencies
Representatives from NASA
DoD DAR Council Chair
Chair – DAR Council Director
Members
Military Departments
Army
Air Force
Navy
Defense Agencies
Defense Logistics Agency
Defense Contract Management Agency
National Aeronautics & Space Administration (NASA)
9Slide10
DAR Council
DAR Council
ARMY
NAVY
DLA
NASA
DCMA
USAF
Chair
General Counsel
Deputy Chair
DARS Analysts
DAU Liaison
DARS Publisher
10Slide11
Regulations11Slide12
RegulationsFederal Acquisition RegulationApplies to Federal Government agenciesRequired by law and policy
Defense Federal Acquisition Regulation Supplement (DFARS)
Applies to DoD ComponentsRequired by law or policy
12Slide13
RegulationsDFARS Procedures, Guidance and Information (PGI)Internal DoD proceduresCompanion resource to the DFARS
Not required by law
Single access-point to internal DoD acquisition procedures, policy training and class deviations
13Slide14
The Rulemaking Process14Slide15
Rulemaking ProcessProcess agencies use to promulgate regulationsEnsures that the public is informed of rules before they take effect (except interim rules)Permits opportunity for the public to commentAgencies analyze and respond to public comments
Types of Rules
ProposedInterim
Final 15Slide16
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
Rulemaking Process
16Slide17
FAR Council Structure
Rulemaking Process
DFARS Committees
17Slide18
Rulemaking Process
DFARS Committees
GSA Legal Review
OFPP Review
Public Comment
Period (
60 days
)
Team Report
–
Evaluate Public
Comments 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/CAAC
Review
15 months Team Report and Draft Rule
FAR Case Timeline18Slide19
Rulemaking Process
DAR Council Review
DAR Editor Review/DoD
Approval to Publish
OFPP Review/OIRA Clearance
Public Comment
Period (
60 days
)
Committee Report – Evaluate Public
Comments and Draft Final Rule
DAR Council Review
DAR Editor Review/DoD
Approval to Publish
OFPP Review/OIRA Clearance
DARS
Editor Publish
Final
DFARS Final Rule Published
DAR Editor Publish
(Interim/Proposed
)
12 months
DFARS Case Timeline
Committee Report and
Draft Rule
19Slide20
Get Involved20Slide21
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
21Slide22
Get Involved
DFARS Committees
Submit input:
Directions provided in Federal Register NoticeAgency 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
22Slide23
Engineering-related Cases23Slide24
FAR Case 2010-001 Sustainable AcquisitionFAR Case 2010-004 Biobased ProcurementsFAR Changes:FAR 23.103 Sustainable Acquisition
FAR 23.902 Contractor Compliance with Environmental Management Systems
FAR 23.404 Agency Affirmative Procurement Programs
Engineering-related Cases24Slide25
Clauses:FAR 52.223-19 Compliance with Environmental Management SystemsFAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts
Engineering-related Cases
25Slide26
Agencies:Promote sustainable technologiesImplement high-performance sustainable building practices95% of new contract actions to require products that are:
Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated)
Water-efficientBiobased
Environmentally preferableNon-ozone depleting
Made with recovered materials
Engineering-related Cases
26Slide27
Agencies:Give biobased product preferences unlessAvailable only at unreasonable price
Will not meet reasonable performance standards
Unavailable within reasonable timeframe/insufficient competition
Implement EMSEstablish affirmative procurement program for EPA and USDA-designated itemsContractors:
Report USDA-designated biobased products purchased
Provide EMS information
Maximum use of biobased products
Engineering-related Cases
27Slide28
Challenges:ProductsRule focuses on products not servicesPerceptions that green products are inferior
Implementation
Learning Curve“Reasonable Price”Lack of Uniformity
EMS dataMultitude of requirements generatorsMultitude of purchasers
Decentralized
Credit card buyers
Engineering-related Cases
28Slide29
DFARS Case 2011-D046, Utilization of Domestic Photovoltaic DevicesFAR Changes:DFARS 225.7017 Utilization of Domestic Photovoltaic DevicesClauses:
DFARS 252.225-7017 Photovoltaic Devices
DFARS 252.225-7018 Photovoltaic Devices – Certificate
Engineering-related Cases29Slide30
Agencies:Promote domestic photovoltaic device useBuy American ActSubject to free trade agreement restrictions
Subject to applicable dollar threshold
Covered contracts:Energy savings performance contracts
Utility service contractsPrivate housing contractsOfferors/Contractors:
Use domestic photovoltaic devices when contract results in DoD ownership of photovoltaic devices
Certify photovoltaic devices use
Engineering-related Cases
30Slide31
Challenges:Few American photovoltaic device suppliersDomestic photovoltaic devices tend to be expensiveStill developing implementing guidance (slow)
Engineering-related Cases
31Slide32
Questions?32