Government Contracts DoD Repeals Provision and Clauses from the DFARS
Tuesday, December 22, 2020

DoD Repeals Provision and Clauses from the DFARS

By Government Contracts Editorial Staff

Two Department of Defense final rules remove a solicitation provision and three contract clauses from the Defense Federal Acquisition Regulation Supplement that are no longer necessary. The rules implement recommendations from the DoD Regulatory Reform Task Force. Each rule has a November 23, 2020, effective date.

Campus Recruiting. The DFARS Case 2020-D002 rule (¶70,017.56) removes the DFARS provision 252.209-7003, Reserve Officer Training Corps and Military Recruiting on Campus-Representation, and the related clause DFARS 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. The provision and clause implemented 10 USC 983, which prohibits funding of contracts to institutions of higher education that prohibit or prevent reserve officer training corps and military recruiting on campus. A final rule, FAR Case 2018-021, issued in Federal Acquisition Circular 2021-02 amended the FAR to implement the requirements of 10 USC 983 for all affected agencies, rendering the provision and clauses unnecessary. The rule also removes the related content at DFARS 209.470-1 through DFARS 209.470-4, and makes a corresponding change at DFARS 252.204-7007.

Afghan Taxes. The final rule associated with DFARS Case 2020-D025 (¶70,017.57) removes DFARS clause 252.229-7014, Taxes–Foreign Contracts in Afghanistan, which was included in solicitations and contracts with performance in Afghanistan, unless the clause at DFARS 252.229-7015, Taxes–Foreign Contracts in Afghanistan (North Atlantic Treaty Organization Status of Forces Agreement) applied. The rule also removes DFARS 252.229-7015. The FAR Case 2018-023 final rule in FAC 2021-02 implemented two new FAR clauses that notify applicable contractors of the same information included in DFARS 252.229-7014 and DFARS 252.229-7015. Accordingly, these DFARS clauses are no longer necessary and can be removed. The rule also removes the prescriptions for these clauses at DFARS 229.402-70.

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