DAR (Defense Acquisition Regulation)

What is DAR (Defense Acquisition Regulation)?

The Defense Acquisition Regulation (DAR) is a comprehensive set of policies and procedures governing the acquisition of goods and services by the Department of Defense (DoD). It supplements the Federal Acquisition Regulation (FAR) and provides more specific guidance tailored to the unique needs and requirements of the military. It is a crucial resource for all DoD contractors.

Definition

The DAR, often used interchangeably with the Defense Federal Acquisition Regulation Supplement (DFARS), provides detailed rules and regulations that DoD contracting officers and contractors must follow. It covers a wide range of topics, including contract types, pricing, subcontracting, intellectual property, and quality assurance. The DAR exists to ensure that DoD acquisitions are conducted efficiently, effectively, and in accordance with applicable laws and regulations. Understanding and adhering to the DAR is critical for companies seeking to do business with the DoD.

Key Points

• Scope of Application: The DAR specifically applies to the acquisition of goods and services by the Department of Defense and its components. It includes guidance on everything from weapon systems to professional services.
• Relationship to the FAR: The DAR supplements, but does not replace, the FAR. If there is a conflict between the DAR and the FAR, the FAR generally takes precedence unless specifically superseded by law or DoD policy.
• Dynamic Nature: The DAR is continuously updated to reflect changes in laws, regulations, and DoD policy. Contractors must stay informed of these changes to ensure compliance.
• Compliance is Key: Failure to comply with the DAR can result in contract termination, financial penalties, and even debarment from future government contracting opportunities.

Practical Examples

1. Subcontracting Requirements: A small business awarded a DoD contract must comply with the DAR's subcontracting requirements, which may include establishing a subcontracting plan and making good-faith efforts to award subcontracts to small businesses.
2. Cost Accounting Standards (CAS): A contractor seeking to be awarded a cost-reimbursement contract over a certain threshold must adhere to the Cost Accounting Standards as mandated within the DAR, particularly DFARS 252.230-7009.
3. Data Rights and Intellectual Property: A software company providing specialized tools to the Air Force needs to understand the DAR clauses relating to data rights and intellectual property to protect its proprietary information while meeting the government's needs.