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Defense Acquisition Regulations System (DARS): The Rule-Making Process

How It Works and How You Can Get Involved

Clarence M. BeltonNavy Policy MemberDefense Acquisition Regulations CouncilPhone: (703) 693-4006Email: clarence.belton@navy.mil

Date: February 20, 2013

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DPAP/DARS: Supporting the Warfighter

Our Mission:

DPAP/DARS 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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The Rulemaking Process

FAR System Structure

FARCouncil

DARCouncil

CAAC(Civilian Agency

Acquisition Council)

FAR TeamsAcquisition Environmental and Labor LawAcquisition Ethics and International Law

Acquisition FinanceAcquisition Implementation

Acquisition Planning and MethodsAcquisition Small Business

Acquisition StrategyAcquisition Technology

Ad Hoc

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FAR Council Members:

– Office of Federal Procurement Policy (OFPP)

– Department of Defense (DoD)

– General Services Administration (GSA)

– National Aeronautics and Space Administration (NASA)

Responsibilities:

– Provide Administration agenda to the DAR Council and CAAC

– Resolve impasses between the DAR Council and CAAC

Federal Acquisition Regulation Council

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Defense Acquisition Regulation Council

DAR Council Members:

– Deputy Director, DPAP/DARS, chairs the Council

– Military Departments (Army, Navy, Air Force)

– Defense Agencies (DCMA, DLA)

– NASA

Responsibilities:– Promulgate the DFARS and DFARS PGI

– Promulgate the FAR (in conjunction with CAAC)

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DAR Council

ARMYNAVY

DLANASA

DCMAUSAF

Linda Neilson, Dir

Chip Retson, OGC Amy Williams, Dep

DARSAnalysts

DAU Liaison

DFARSPublisher

Your DAR Council

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“Look, I’m not saying it’s going to be today. But someday---someday---you guys will be happy that

you’ve taken along a lawyer.”

General Counsel Support

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Civilian Agency Acquisition Council

CAAC Members:

– Chair: GSA

– Representatives from the Civilian Agencies

Responsibilities:

– Promulgate the FAR (in conjunction with DAR Council)

– Publish Federal Register (FR) notices, solicit public comments

Proposed and interim rules

Advance notices of proposed rulemaking (ANPR)

– Publish Final and Interim rules in Federal Register

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)

FARDFARS

PGI

FARDFARS

PGI

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DAR Council Review (3 weeks) DAR Editor Review/DoD

Approval to Publish(5 weeks)

OFPP Review/OIRA Clearance (4 weeks)

Public Comment Period (60 days)

DAR Council Review(3 weeks)

DAR Editor Review/DoD Approval to Publish (4 weeks)

OFPP Review/OIRA Clearance (4 weeks)

DAR Editor Publish Final rule (4 weeks)

DFARS Final Rule Published

DAR Editor Publish (Proposed/Interim)

(5 weeks)

12 months

DFARS Case Timeline

Committee Report with analysis of Public Comments and Draft Final Rule (4 weeks)

Committee Report with Draft Proposed/interim Rule (7 weeks)

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GSA Legal Review(4 weeks)

OFPP Review(4 weeks)

Public Comment Period (60 days)

(9 weeks)

Committee Report with Disposition of Public Comments and Draft Final Rule

(4 weeks)OFPP Review(3 weeks)

FAR Final Rule PublishedOIRA Clearance

(4 weeks)

DARC/CAAC Review(8 weeks)

Legal Review(3 weeks)

FAR Secretariat Publish

(Proposed/Interim(FAC))(7 weeks)

FAR Secretariat Publish Final in FAC

(6 weeks)

OIRA Clearance (4 weeks)

DARC/CAACReview

(5 weeks)

16 months

FAR Case Timeline

Committee Report with Draft Proposed/InterimRule

(8 weeks)

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OUSD(AT&L)DPAP/DARS urls

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DPAP/DARS URLs

OUSD(AT&L)DPAP

http://www.acq.osd.mil/dpap

OUSD(AT&L)DPAP/DARS

http://www.acq.osd.mil/dpap/dars/index.html

FAR and DFARS

DoD Class Deviations

RSS-Subscribe to DFARS News Feed

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Review FAR and DFARS proposed and interim rules

– Publication Notices:http://www.acq.osd.mil/dpap/dars

Submit input

– Agency comment (through command channels)

– Internet (follow local and agency procedures)

View public comments on proposed & interim rules

– DFARS rules: www.regulations.gov

– FAR rules: www.regulations.gov

View status of open cases

– http://www.acq.osd.mil/dpap/dars

Getting Involved in the Rulemaking Process

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www.acq.osd.mil/dpap/dars/

Contact Us:Defense Acquisition Regulations System (DARS)OUSD(AT&L) DPAP/DARS3060 Defense Pentagon, Room 3B855Washington, DC 20301-3060

Phone Number: 571-372-6176Email Address: dfars@osd.milWeb URL: http://www.acq.osd.mil/dpap/dars/