DAR Council Brief Current 20120827

Report
Defense Acquisition Regulations System
(DARS): The Rule-Making Process
How It Works and How You Can Get Involved
Date: February 20, 2013
Clarence M. Belton
Navy Policy Member
Defense Acquisition Regulations Council
Phone: (703) 693-4006
Email: clarence.belton@navy.mil
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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
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FAR System Structure
FAR
Council
DAR
Council
CAAC
(Civilian Agency
Acquisition Council)
FAR Teams
Acquisition Environmental and Labor Law
Acquisition Ethics and International Law
Acquisition Finance
Acquisition Implementation
Acquisition Planning and Methods
Acquisition Small Business
Acquisition Strategy
Acquisition Technology
Ad Hoc
Federal Acquisition Regulation Council
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
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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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Your DAR Council
Linda Neilson, Dir
Chip Retson, OGC
DLA
DARS
Analysts
NASA
USAF
ARMY
DAU
Liaison
Amy Williams, Dep
DAR
Council
DCMA
NAVY
DFARS
Publisher
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General Counsel Support
“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.”
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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
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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
DFARS Case Timeline
OFPP Review/OIRA Clearance
(4 weeks)
Committee Report
with Draft
Proposed/interim
Rule (7 weeks)
DAR Council Review
(3 weeks)
DAR Editor Review/DoD
Approval to Publish
(5 weeks)
DFARS Final Rule Published
DAR Editor Publish Final rule
(4 weeks)
DAR Editor Publish
(Proposed/Interim)
(5 weeks)
12 months
Public Comment
Period (60 days)
DAR Editor Review/DoD
Approval to Publish
(4 weeks)
OFPP Review/OIRA Clearance
(4 weeks)
DAR Council Review
(3 weeks)
Committee Report
with analysis of
Public Comments and
Draft Final Rule (4
weeks)
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FAR Case Timeline
Committee
Report with Draft
Proposed/Interim
Rule
(8 weeks)
OFPP Review
(4 weeks)
GSA Legal Review
(4 weeks)
DARC/CAAC Review
(8 weeks)
FAR Final Rule Published
OIRA Clearance
(4 weeks)
OIRA Clearance
(4 weeks)
16 months
Public Comment
Period (60 days)
(9 weeks)
FAR Secretariat
Publish Final in FAC
(6 weeks)
DARC/CAAC
Review
(5 weeks)
OFPP Review
(3 weeks)
Legal Review
(3 weeks)
Committee Report with
Disposition of Public
Comments and Draft
Final Rule
(4 weeks)
FAR Secretariat
Publish
(Proposed/Interim(FAC))
(7 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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Getting Involved in the Rulemaking Process
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
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Contact Us:
Defense Acquisition Regulations System (DARS)
OUSD(AT&L) DPAP/DARS
3060 Defense Pentagon, Room 3B855
Washington, DC 20301-3060
Phone Number: 571-372-6176
Email Address: dfars@osd.mil
Web URL: http://www.acq.osd.mil/dpap/dars/
www.acq.osd.mil/dpap/dars/
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