E.  Legacy Systems

Comment: Three respondents requested clarification of the exceptions at DFARS 223.7303 (now 223.7304), regarding the repair or replacement of legacy systems.

DoD Response: The exception for legacy systems has been clarified. Legacy system is now defined and an exception has been added for sustainment related contracts (e.g., parts and services) for existing systems with hexavalent chromium. However, Section 223.7304(a) of the rule requires program managers to consider alternatives during system modifications, follow-on procurements of legacy systems, or maintenance procedure updates if it is deemed feasible and needed to achieve the objectives of the DoD policy. Consideration of alternatives will require analysis of the factors described in the DoD policy memo.

Comment: One respondent requested that DoD clarify that there is no expectation to sample and analyze legacy systems and their related parts, subsystems, and components for the sole purpose of identifying hexavalent chromium.

DoD Response: DFARS does not have a requirement that legacy systems and their related parts, subsystems, and components be sampled or analyzed for the purpose of identifying hexavalent chromium. Legacy systems are clearly excepted from the rule.