DAR Council Overview for the SAME DC POST and ACEC/MW Joint Conference Dina T. Jeffers Army Policy Member to the DAR Co

1. DAR Council Overview for the SAME DC POST and ACEC/MW Joint Conference Dina T. Jeffers Army Policy Member to the DAR Council June 14, 2012

2. Agenda Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P)) Defense Acquisition Regulations (DAR) Council Regulations Rulemaking Process Get Involved Engineering Related Cases Questions

3. Office of the Deputy Assistant Secretary of the Army (Procurement) (ODASA(P))

4. ODASA(P) • Office of the Deputy Assistant Secretary of the Army (Procurement) – ODASA(P) • Director: Mr. Kim D. Denver • Mission: World-class leaders that develop and oversee policies, programs, and people enabling the acquisition of goods and services for the Soldier.

5. ODASA(P) DASA(P) Mr. Kim D. Denver Executive Director Acquisition of Services DASA(P) MILDEP HCA/PARC Operations Operations Workforce Development Policy & Oversight Enterprise Business Systems Portfolio Coordination, Data Analysis & Execution Regulations Team Leader Army DAR Council Member Procurement Support Operational Contracting Support

6. Defense Acquisition Regulations (DAR) Council

7. DAR Council • Defense Acquisition Regulations System – DARS • Director: Ms. Linda Neilson • Mission: 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.

8. DAR Council

9. DAR Council • Chair – DAR Council Director • Members • Military Departments • Army • Air Force • Navy • Defense Agencies • Defense Logistics Agency • Defense Contract Management Agency • National Aeronautics & Space Administration (NASA) • Responsibilities: • Promulgate the DFARS and PGI • Promulgate the FAR (in conjunction with CAAC) • Members: • Representatives from the Military Services and Defense Agencies • Representatives from NASA • DoD DAR Council Chair

10. DAR Council Chair General Counsel Deputy Chair DLA NASA DAR Council USAF DCMA ARMY NAVY DAU Liaison DARS Analysts DARS Publisher

11. Regulations

12. Regulations • Federal Acquisition Regulation • Applies to Federal Government agencies • Required by law and policy • Defense Federal Acquisition Regulation Supplement (DFARS) • Applies to DoD Components • Required by law or policy

13. Regulations • DFARS Procedures, Guidance and Information (PGI) • Internal DoD procedures • Companion resource to the DFARS • Not required by law • Single access-point to internal DoD acquisition procedures, policy training and class deviations

14. The Rulemaking Process

15. Rulemaking Process • Process agencies use to promulgate regulations • Ensures that the public is informed of rules before they take effect (except interim rules) • Permits opportunity for the public to comment • Agencies analyze and respond to public comments • Types of Rules • Proposed • Interim • Final

16. Sources of FAR/DFARS/PGI Changes Rulemaking 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)

17. FAR Council Structure Rulemaking Process DFARS Committees

18. Rulemaking Process FAR Case Timeline GSA Legal Review Team Report and Draft Rule DARC/CAAC Review (60 days) OFPP Review FAR Final Rule Published 15 months OIRA Clearance Public Comment Period (60 days) OIRA Clearance FAR Secretariat Publish Final in FAC DARC/CAAC Review Team Report – Evaluate Public Comments and Draft Final Rule DFARS Committees FAR Secretariat Publish (Interim/Proposed) FAC OFPP Review GSA Legal Review

19. Rulemaking Process DFARS Case Timeline Committee Report and Draft Rule DAR Editor Review/DoD Approval to Publish OFPP Review/OIRA Clearance DAR Council Review DFARS Final Rule Published 12 months DAR Editor Publish (Interim/Proposed) Public Comment Period (60 days) DARS Editor Publish Final DAR Editor Review/DoD Approval to Publish DAR Council Review Committee Report – Evaluate Public Comments and Draft Final Rule OFPP Review/OIRA Clearance

20. Get Involved

21. Get Involved • View Federal Register Notices at the Government Printing Office’s Federal Digital System (FDsys): http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR&browsePath=2011&isCollapsed=true&leafLevelBrowse=false&ycord=0 • View Publication Notices on the DPAP website: http://www.acq.osd.mil/dpap/dars/change_notices.html • View Public Comments at regulations.gov: www.regulations.gov DFARS Committees

22. Get Involved • Submit input: • Directions provided in Federal Register Notice • Agency comment (through command channels) • View FAR case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/far_case_status.html • View DFARS case status on the DPAP website : http://www.acq.osd.mil/dpap/dars/case_status.html DFARS Committees

23. Engineering-related Cases

24. Engineering-related Cases • FAR Case 2010-001 Sustainable Acquisition • FAR Case 2010-004 Biobased Procurements • FAR Changes: • FAR 23.103 Sustainable Acquisition • FAR 23.902 Contractor Compliance with Environmental Management Systems • FAR 23.404 Agency Affirmative Procurement Programs

25. Engineering-related Cases • Clauses: • FAR 52.223-19 Compliance with Environmental Management Systems • FAR 52.223-2 Affirmative Procurement of Biobased Products under Service and Construction Contracts

26. Engineering-related Cases • Agencies: • Promote sustainable technologies • Implement high-performance sustainable building practices • 95% of new contract actions to require products that are: • Energy-efficient (ENERGY STAR® or Federal Energy Management Program (FEMP)-designated) • Water-efficient • Biobased • Environmentally preferable • Non-ozone depleting • Made with recovered materials

27. Engineering-related Cases • Agencies: • Give biobased product preferences unless • Available only at unreasonable price • Will not meet reasonable performance standards • Unavailable within reasonable timeframe/insufficient competition • Implement EMS • Establish affirmative procurement program for EPA and USDA-designated items • Contractors: • Report USDA-designated biobased products purchased • Provide EMS information • Maximum use of biobased products

28. Engineering-related Cases • Challenges: • Products • Rule focuses on products not services • Perceptions that green products are inferior • Implementation • Learning Curve • “Reasonable Price” • Lack of Uniformity • EMS data • Multitude of requirements generators • Multitude of purchasers • Decentralized • Credit card buyers

29. Engineering-related Cases • DFARS Case 2011-D046, Utilization of Domestic Photovoltaic Devices • FAR Changes: • DFARS 225.7017 Utilization of Domestic Photovoltaic Devices • Clauses: • DFARS 252.225-7017 Photovoltaic Devices • DFARS 252.225-7018 Photovoltaic Devices – Certificate

30. Engineering-related Cases • Agencies: • Promote domestic photovoltaic device use • Buy American Act • Subject to free trade agreement restrictions • Subject to applicable dollar threshold • Covered contracts: • Energy savings performance contracts • Utility service contracts • Private housing contracts • Offerors/Contractors: • Use domestic photovoltaic devices when contract results in DoD ownership of photovoltaic devices • Certify photovoltaic devices use

31. Engineering-related Cases • Challenges: • Few American photovoltaic device suppliers • Domestic photovoltaic devices tend to be expensive • Still developing implementing guidance (slow)

32. Questions?