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DOD/DARC RIN: 0750-AJ49 Publication ID: Fall 2017 
Title: ●Educational Service Agreements (DFARS Case 2017-D039) 
Abstract:

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to delete language at DFARS 237.7202(a), which prohibits the use of Educational Services Agreements (ESAs) as a contracting method for training in the legal profession, except when in connection with the detailing of commissioned officers to law schools under 10 U.S.C. 2004. An ESA is an ordering agreement under which the Government may acquire educational services. DFARS 237.72 prescribes policies and procedures for acquiring educational services from schools, colleges, universities, or other educational institutions, including the use of ESAs. Paragraph (a) of DFARS 237.7202 prohibits the use of ESAs as a contracting method for training in the legal profession, except when in connection with the detailing of commissioned officers to law schools under 10 U.S.C. 2004. This limitation was established at a time when legal training was acquired only for the purpose of obtaining doctorate degrees for military judge advocates. DoD’s need for legal training has evolved since the implementation of the text at DFARS 237.7202(a). As 10 U.S.C. Section 2004 contains no prohibition against acquiring other training in the legal profession, the rule will delete the language at DFARS 237.7202(a) to allow DoD to make agreements that permit payment for master of laws degrees and other legal training needs, in accordance with applicable law, regulation, and policy.

 
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: No  Unfunded Mandates: No 
EO 13771 Designation: Other 
CFR Citation: 48 CFR 237   
Legal Authority: 41 U.S.C. 1303   
Legal Deadline:  None
Timetable:
Action Date FR Cite
Final Action  07/00/2018 
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