The Department of Defense (DoD) is seeking comments ahead of several revisions it plans to make to the Defense Federal Acquisition Regulation Supplement (DFARS), according to an advance notice of proposed rulemaking published to the Federal Register on Nov. 17.
Specifically, the DoD is seeking to update DFARS to better support the use of modular open system approaches (MOSA) in acquisitions of more than just weapons systems – an effort that dates back to a 2012 provision in the National Defense Authorization Act (NDAA).
DoD is considering requiring new or existing contracts to identify MOSA and certain related technical data or software, among several other changes to the acquisition regulation.
“DoD is considering a revision to the DFARS to include various MOSA-related terms … such as ‘desired modularity’, ‘interfaces’, ‘major system component’, ‘major system platform’, ‘modular open system approach’, ‘modular system’, and ‘modular system interface,’” the advance notice of proposed rulemaking states.
Although some of these terms are limited to weapon systems or major defense acquisition programs, a provision from the fiscal year 2021 NDAA requires application of MOSA to all defense acquisition programs to the “maximum extent practicable.”
“To resolve these scope of applicability issues, the revisions under consideration do not limit the above terms to weapon systems or major systems,” the advance notice of proposed rulemaking states.
According to the Pentagon’s website, a MOSA can be defined as a “technical and business strategy for designing an affordable and adaptable system. A MOSA is the DoD preferred method for implementation of open systems, and it is required by United States law.”
“[A]ll major defense acquisition programs are to be designed and developed using a MOSA” which, among other things, “allows severable major system components at the appropriate level to be incrementally added, removed, or replaced throughout the life cycle of a major system platform to afford opportunities for enhanced competition and innovation.”
In addition to the new and updated terms the Pentagon plans to revise for MOSA acquisition plans in the DFARS, it is also seeking comments on license rights related to modular systems interface data and software, including for contractors.
The full scope of the proposed rules can be found here.
DoD will hold a public meeting about the proposed revisions to MOSA on Dec. 14. DoD also plans to reserve time on a second date to be determined.
Comments on the advanced notice of proposed rulemaking are due by Jan. 16, 2024.
