Government Contracts Proposed DFARS Rule on Employing Persons with Disabilities
Wednesday, April 17, 2019

Proposed DFARS Rule on Employing Persons with Disabilities

By Government Contracts Editorial Staff

The Department of Defense is proposing to amend the Defense Federal Acquisition Regulation Supplement to include an instruction on a demonstration project for contractors employing persons with disabilities. The demonstration project allows DoD to provide defense contracting opportunities to entities that employ individuals who are severely disabled, even though the entities may not qualify for approval by the Committee for Purchase from People Who Are Blind or Severely Disabled. Procurements under the demonstration project must be for products and services that are not available from a mandatory source in FAR Part 8, are not on the AbilityOne Procurement List maintained by the Committee, or cannot be obtained from Ability One participating nonprofit agencies in a timely manner.

New Subpart. This rule proposes to add new DFARS Subpart 226.7X, Demonstration Project for Contractors Employing Persons with Disabilities, which would include guidance for the contracting workforce regarding the demonstration project. The rule also proposes definitions for the terms “eligible contractor” and “severely disabled individual,” and prescribes a new solicitation provision at DFARS 252.226-7XXX. This provision explains the purpose of the demonstration project and requires the offeror to represent whether it is or is not an eligible contractor. The rule would make corresponding changes to DFARS 204.1202, DFARS 215.304, DFARS 252.204-7007, and DFARS 252.219-7003. Comments on this proposed rule, identified by DFARS Case 2018-D058, are due May 31, 2019. For the text of the rule, see ¶70,020.428.

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