DoD Finalizes Rule on Fire-Resistant Rayon in Military Uniform Solicitations
The Department of Defense has issued a final rule which adopts, with changes, a June 2011 interim final rule that amended the Defense Federal Acquisition Regulation Supplement (DFARS) to prohibit specification of the use of (foreign made) fire-resistant rayon fiber for production of military uniforms in DoD contract solicitations issued before January 1, 2015. The final rule, which is effective November 18, 2011, clarifies that it is the specification requirement that is prohibited, not the voluntary offer and use of fabrics that use fire-resistant rayon fiber.
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(See ITT’s Online Archives 11070501 for summary of the DoD interim final rule.)
Major Fire-Resistant Fiber Sources Are U.S. Nomex & Austrian Fire-Resistant Rayon
DoD explains that the two major sources of fire-resistant fiber used in DoD products either come from the U.S. company DuPont (a product called Nomex) or The Lenzing Group of Austria (a product called Fire Resistant Rayon).
Final Rule Clarifies that Requiring Fire-Resistant Rayon Is Prohibited, not Its Use
Several commenters stated that the section of the fiscal year 2011 National Defense Authorization Act (NDAA1), which the interim final rule implemented, only requires that DoD solicitations prior to January 1, 2015 not specify the use of (foreign made) fire-resistant rayon fiber. They asked DoD to make clearer that the NDAA does not restrict DoD’s selection and use of fabrics containing fire-resistant rayon fiber.
DoD states that while the interim final rule did correctly reflect the statute, it has added clarification to both the title and text of 48 CFR 225.7016 to indicate that it is the solicitation requirement that is prohibited, not the voluntary offer and use of fire-resistant rayon fiber.
1The FY 2011 NDAA: (i) extended the existing Berry Amendment waiver for such fibers by extending authority for the Secretary of Defense to procure fire resistant rayon fiber for the production of uniforms that is manufactured in a foreign country under certain circumstances until January 1, 2015; but it also (ii) prohibited DoD contract solicitations issued before January 1, 2015 from including a provision which requires the use of fire resistant rayon fiber. (See ITT's Online Archives 11010513 for summary of the FY 2011 NDAA provisions on fire resistant fiber.)
DoD contact - Amy Williams (703) 602-0328
(FR Pub 11/18/11)