Government Contracts Monitor

Short Take: DOD Seeks Public Input on Changes to DFARS Solicitation Provisions and Contract Clauses

June 21, 2017

Pursuant to President Trump’s February 24, 2017 Executive Order (E.O.) 13777, “Enforcing the Regulatory Reform Agenda,” the DFARS Subgroup to the DOD Regulatory Reform Task Group is seeking public input as to DFARS solicitation provisions and contract clauses that may be appropriate for repeal, replacement or modification. This comment opportunity provides contractors (and other members of the public) the chance to provide input as to possible DFARS changes.

Section 3(a) of the E.O. directed each federal agency to establish a Regulatory Task Force to evaluate existing regulations, and “to make recommendations . . . regarding their repeal, replacement, or modification,” so as “to alleviate unnecessary regulatory burdens” on the American people. Specifically, the E.O. directed each Task Force to “attempt to identify regulations that “(i) Eliminate jobs, or inhibit job creation; (ii) are outdated, unnecessary, or ineffective; (iii) impose costs that exceed benefits; (iv) create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; (v) are inconsistent with the requirements of section 515 of the Treasury and General Government Appropriation Act, 2001 (44 U.S.C. 3516 note), or the guidance issued pursuant to that provision in particular those regulations that rely in whole or in part on data, information, or methods that are not publicly available or that are insufficiently transparent to meet the standard of reproducibility; or (vi) derive from or implement Executive Orders or other Presidential directives that have been subsequently rescinded or substantially modified.”

Section 3(e) directs the Task Forces to “seek input and other assistance, as permitted by law, from entities significantly affected by Federal regulation, including State, local and tribal governments, small businesses, consumers, non-governmental organization, trade associations” as to regulations meeting some or all of the foregoing criteria. Pursuant thereto, DOD has published the instant Request for Comment (82 Fed. Reg. 28041 (6/20/17)).

DOD says that the requested input will “inform evaluation of the DFARS part 252 solicitation provisions and contract clauses by the Task Force’s DFARS Subgroup, and may be shared with the Section 809 Panel (section809panel.org; SEC809@DAU.mil), established under Section 809 of the NDAA-16, for the purpose of reviewing the acquisition regulations applicable to DOD with a view toward streamlining and improving the efficiency and effectiveness of the defense acquisition process and maintaining defense technology advantage.

For contractors involved in DOD procurements, this opportunity for comment provides another chance to impact and improve the defense acquisition process. Comments must be submitted no later than August 21, 2017, as detailed in the attached notice.