DFARS 208.404 Use of Federal Supply Schedules

Section Defense Federal Acquisition Regulation Supplement

Facts

Citation
DFARS 208.404
Type
Section
Supplements
FAR 8.404 Use of Federal Supply Schedules
Last amended
83 FR 30824 Effective Jun 29, 2018
Text as of
DFARS Change May 7, 2026
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this section.

Text

See DoD Class Deviation 2014-O0011- Determination of Fair and Reasonable Prices When Using Federal Supply Schedule Contracts, dated March 13, 2014. Effective immediately, contracting officers shall comply with the following policy, in lieu of FAR 8.404(d), Pricing, when using Federal Supply Schedules. This class deviation remains in effect until incorporated in the DFARS or otherwise rescinded.

(a)

(i) If only one offer is received in response to an order exceeding the simplified acquisition threshold that is placed on a competitive basis, the procedures at 215.371 apply.

(ii) Departments and agencies shall comply with the review, approval, and reporting requirements established in accordance with subpart 217.7 when placing orders for supplies or services in amounts exceeding the simplified acquisition threshold.

(iii) When a schedule lists both foreign and domestic items that will meet the needs of the requiring activity, the ordering office must apply the procedures of part 225 and FAR part 25, Foreign Acquisition. When purchase of an item of foreign origin is specifically required, the requiring activity must furnish the ordering office sufficient information to permit the determinations required by part 225 and FAR part 25 to be made.

(iv) Use the provisions at 252.215-7007, Notice of Intent to Resolicit, and 252.215-7008, Only One Offer, as prescribed at 215.371-6 and 215.408(3), respectively.

Federal Register history

Sections cited

Quick answers

What is DFARS 208.404?

DFARS 208.404 is a section of the Defense Federal Acquisition Regulation Supplement, titled "Use of Federal Supply Schedules".

When was DFARS 208.404 last changed?

The most recent final rule on record is "Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause “Pricing Adjustments” (DFARS Case 2018-D032)" (83 FR 30824), published Jun 29, 2018 and effective Jun 29, 2018.

Are changes to DFARS 208.404 proposed?

No proposed rule from the last 3 years is waiting on a final rule.

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