DoD Hands Down Final Word on Interagency Procurements

DF-ST-87-06962The Department of Defense is adopting as final, with changes, the interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address statutory provisions relating to interagency procurements on behalf of DoD.

The now-final rule adds new policy to address certain requirements and expands existing DFARS definitions – effective March 15, 2010.

According to the Defense Acquisitions Regulations System:“Section 854 of the National Defense Authorization Act for Fiscal Year 2005 prescribes policy for the acquisition of supplies and services through the use of contracts or orders issued by non-DoD agencies. Section 801(b)(1), at paragraphs (A) and (C), of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) authorizes a DoD acquisition official to procure property and services in excess of the simplified acquisition threshold through civilian agencies only if–

(1) The civilian agencies agree to adhere to defense procurement requirements; or

(2) The Under Secretary of Defense (AT&L) certifies that the procurement is in the best interest of the Department.”

Some other notes about the rule – “The statute also requires DoD to issue guidance on interagency contracting consistent with the Act that addresses the circumstances in which it is appropriate for DoD acquisition officials to procure goods or services through a contract entered into by an agency outside the DoD.

DoD published an interim rule at 74 FR 34270 on July 15, 2009, to address the new statutory requirements. Statutory limitations in section 817 of Public Law 109-364, the John Warner National Defense Authorization Act for Fiscal Year 2007, and section 811 of Public Law 109-163, the National Defense Authorization Act for Fiscal Year 2006, were previously implemented and do not impact this change.”

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