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DOD/DARC | RIN: 0750-AI78 | Publication ID: Spring 2017 |
Title: Food Services for Dining Facilities on Military Installations (DFARS Case 2015-D012) | |
Abstract:
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide policy and procedures for soliciting offers, evaluating proposals, and awarding contracts for the operation of a military dining facility pursuant to the Randolph-Sheppard Act (R-S Act) (20 U.S.C. 107, et seq.); the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2007; and the Committee for Purchase from People Who Are Blind or Severely Disabled (CFP) statute (41 U.S.C. 8501, et seq.), formerly known as the Javits-Wagner-O'Day (JWOD) Act. In accordance with Joint Explanatory Statement that accompanied section 632 of the NDAA for FY 2015, this final rule amends the DFARS to implement the Joint Report and Policy Statement (Joint Policy Statement) issued by DoD, the Department of Education, and the CFP pursuant to section 848 of the NDAA for FY 2006. Pursuant to the Joint Policy Statement, the R-S Act applies to contracts for the operation of a military dining facility, also known as full food services, while the CFP statute applies to contracts and subcontracts for dining support services (including mess attendant services). This rule provides clarity between procedures for competitive award of the operation of a military dining facility, subject to the R-S Act, when a state licensing agency may be granted priority for award; and award of contracts for dining support services listed on the Procurement List maintained by the CFP, in accordance with Federal Acquisition Regulation subpart 8.7. Twenty five substantive comments were received on the proposed rule. The majority of respondents submitted comments about whether they were in favor of the rule or not. This rule is not anticipated to increase costs for contractors, because the rule is just a clarification and codification in the regulations of existing policy. It may have the beneficial effect of reducing arbitration and litigation. |
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Agency: Department of Defense(DOD) | Priority: Substantive, Nonsignificant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 202 48 CFR 205 48 CFR 212 48 CFR 237 48 CFR 252 | |
Legal Authority: 41 U.S.C. 1303 10 U.S.C. 2492 41 U.S.C. 8501 to 8506 20 U.S.C. 107 to 107f Pub. L. 109-163, sec. 848 Pub. L. 109-364, sec. 856 |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: No | Government Levels Affected: Federal |
Federalism: No | |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: No | |
Agency Contact: Jennifer Hawes Defense Acquisition Regulations System Department of Defense 3060 Defense Pentagon, Room 3B941, Washington, DC 20301-3060 Phone:571 372-6115 Email: jennifer.l.hawes2.civ@mail.mil |