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DOD/DARC RIN: 0750-AJ33 Publication ID: Fall 2017 
Title: Contract Closeout Authority (DFARS Case 2017-D026) 
Abstract:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to implement section 836 of the National Defense Authorization Act for FY 2017 to permit close out of certain contracts or groups of contracts without completing a reconciliation audit or other corrective action.  Section 836 permits contracting officers to close out contracts or groups of contracts through issuance of a modification of each contract action without completing a reconciliation audit or other corrective action, provided the contract:

  • Was entered into prior to fiscal year 2000;
  • Has no further supplies or services deliverables due under the terms and conditions; and
  • Is not otherwise reconcilable, because either contract records have been destroyed or lost or the time, or the effort required to establish the exact amount owed the U.S. Government or to the contractor is disproportionate to the amount at issue.

This rule is not expected to increase costs for contractors and will expedite closeout of the covered contract actions.

 
Agency: Department of Defense(DOD)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed Rule Stage 
Major: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 48 CFR 204   
Legal Authority: 41 U.S.C. 1303    Pub. L. 114-328, sec. 836    10 U.S.C. 2302 note   
Legal Deadline:
Action Source Description Date
Final  Statutory  Effective upon enactment  12/23/2016 
Timetable:
Action Date FR Cite
NPRM  04/00/2018 
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