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DOD/DARC RIN: 0750-AL79 Publication ID: Spring 2023 
Title: ●Modification of Authority of the Department of Defense to Carry Out Certain Prototype Projects (DFARS Case 2023-D006) 
Abstract:

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement section 842 of the National Defense Authorization Act for Fiscal Year 2023, which removes a requirement for an other transaction solicitation and agreement to include provisions for a follow on contract in order to qualify for the exception at DFARS 206.001-70. Section 842 amends 10 U.S.C. 4022(f)(2) to permit the award of a follow-on production contract without the use of competitive procedures, even if explicit notification was not included in the request for the proposal for the prototype project transaction. This revision removes the statutory basis for the requirement at DFARS 206.001-70(a)(1) for other transaction solicitations and agreements to include provisions for a follow on contract in order to qualify for an exception to competition requirements.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: First time published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Undetermined  Unfunded Mandates: No 
CFR Citation: 48 CFR 206   
Legal Authority: 41 U.S.C. 1303    Pub. L. 117-263, sec. 842   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  11/00/2023 
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 D. Johnson
Office of the Under Secretary of Defense for Acquisition and Sustainment
Department of Defense
Defense Acquisition Regulations Council
Defense Pricing and Contracting, Defense Acquisition Regulations System, Room 3B938, 3060 Pentagon,
Washington, DC 20301-3060
Phone:703 717-8226
Email: jennifer.d.johnson1.civ@mail.mil