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Defense Acquisition Regulations System (DARS): The Rule-Making Process How It Works and How You Can Get Involved

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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Defense Acquisition Regulations System (DARS): The Rule-Making Process How It Works and How You Can Get Involved

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  1. 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

  2. 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.

  3. The Rulemaking Process

  4. 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

  5. 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

  6. 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)

  7. Your DAR Council Linda Neilson, Dir Chip Retson, OGC Amy Williams, Dep DLA NASA DARS Analysts DAR Council DCMA USAF ARMY NAVY DFARS Publisher DAU Liaison

  8. 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.”

  9. 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

  10. Sources of FAR/DFARS/PGI Changes Legislation IG & GAO Recommendations Court Decisions FAR DFARS PGI OFPP Policy Letters Executive Orders Agency Recommendations Individual Recommendations Industry Recommendations Policy Changes (e.g., USD (AT&L), DPAP)

  11. DFARS Case Timeline OFPP Review/OIRA Clearance (4 weeks) DAR Council Review (3 weeks) Committee Report with Draft Proposed/interim Rule (7 weeks) DAR Editor Review/DoD Approval to Publish (5 weeks) DFARS Final Rule Published DAR Editor Publish Final rule (4 weeks) 12 months DAR Editor Publish (Proposed/Interim) (5 weeks) Public Comment Period (60 days) DAR Council Review (3 weeks) DAR Editor Review/DoD Approval to Publish (4 weeks) Committee Report with analysis of Public Comments and Draft Final Rule (4 weeks) OFPP Review/OIRA Clearance (4 weeks)

  12. FAR Case Timeline OFPP Review (4 weeks) GSA Legal Review (4 weeks) Committee Report with Draft Proposed/InterimRule (8 weeks) DARC/CAAC Review (8 weeks) OIRA Clearance (4 weeks) FAR Final Rule Published 16 months OIRA Clearance (4 weeks) Public Comment Period (60 days) (9 weeks) FAR Secretariat Publish Final in FAC (6 weeks) DARC/CAAC Review (5 weeks) Committee Report with Disposition of Public Comments and Draft Final Rule (4 weeks) FAR Secretariat Publish (Proposed/Interim(FAC)) (7 weeks) OFPP Review (3 weeks) Legal Review (3 weeks)

  13. OUSD(AT&L)DPAP/DARS urls

  14. 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

  15. 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

  16. 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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