Defense Acquisition Regulations System (DARS): The Rule-Making Process
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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: [email protected]

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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: [email protected]


Dpap dars supporting the warfighter
DPAP/DARS: Supporting the Rule-Making ProcessWarfighter

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.


The Rulemaking Process Rule-Making Process


Far system structure
FAR System Structure Rule-Making Process

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 Rule-Making Process

  • 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


Defense acquisition regulation council
Defense Acquisition Regulation Council Rule-Making Process

  • 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)


Your DAR Council Rule-Making Process

Linda Neilson, Dir

Chip Retson, OGC

Amy Williams, Dep

DLA

NASA

DARS

Analysts

DAR Council

DCMA

USAF

ARMY

NAVY

DFARS

Publisher

DAU

Liaison


General Counsel Support Rule-Making Process

“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.”


Civilian agency acquisition council
Civilian Agency Acquisition Council Rule-Making Process

  • 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
Sources of FAR/DFARS/PGI Changes Rule-Making Process

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)


DFARS Case Timeline Rule-Making Process

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)


FAR Case Rule-Making ProcessTimeline

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)


Ousd at l dpap dars urls
OUSD(AT&L)DPAP/DARS urls Rule-Making Process


Dpap dars urls
DPAP/DARS URLs Rule-Making Process

  • 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


Getting involved in the rulemaking process
Getting Involved in the Rulemaking Process Rule-Making 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


Contact Us: Rule-Making Process

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:[email protected]

Web URL:http://www.acq.osd.mil/dpap/dars/

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


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