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DOD/DARC | RIN: 0750-AJ71 | Publication ID: Spring 2018 |
Title: ●Source of Photovoltaic Devices (DFARS Case 2018-D007) | |
Abstract:
DoD is issuing a proposed rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 813(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018. Section 813(b) repeals section 858 of the NDAA for FY 2015, but does not repeal section 846 of the NDAA for FY 2011. By reverting to section 846 of the NDAA for FY 2011, the restriction on acquisition of photovoltaic devices by contractors is now applicable only if the photovoltaic device is installed on DoD property or in a facility owned by DoD and reserved for the exclusive use of DoD for the full economic life of the device, whereas under section 858 of the NDAA for FY 2015, the restriction was applicable if either condition applied. Section 846 requires compliance with the Buy American Act; whereas section 858 imposed a requirement for manufacture in the U.S. separate from the Buy American Act, and was therefore no longer covered by the existing exceptions to and waivers of the Buy American Act (such as a waiver on the basis of "unreasonable cost" or "inconsistent with the public interest" (for acquiring photovoltaic devices from qualifying countries or U.S.-made photovoltaic devices when the WTO GPA applies). With the repeal of section 858, it will no longer be necessary to do individual case-by-case waivers for waivers based on unreasonable cost or inconsistent with the public interest. Also with the repeal of section 858, the waiver of the component test for photovoltaic devices is reinstated, since they are commercially available off-the-shelf items, for which the component test is waived under the Buy American Act. |
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Agency: Department of Defense(DOD) | Priority: Other Significant |
RIN Status: First time 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 225 48 CFR 252 | |
Legal Authority: 41 U.S.C. 1303 Pub. L. 115-91, sec. 813 |
Legal Deadline:
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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 |