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DOD/DARC RIN: 0750-AI78 Publication ID: Fall 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 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 the 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 regarding procedures for (1) 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 (2) 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.

 
Agency: Department of Defense(DOD)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
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
Timetable:
Action Date FR Cite
NPRM  06/07/2016  81 FR 36506   
NPRM Comment Period End  08/08/2016 
Final Action  05/00/2018 
Final Action Effective  05/00/2018 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
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