[Federal Register: May 13, 2004 (Volume 69, Number 93)]
[Rules and Regulations]
[Page 26507-26508]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13my04-11]
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DEPARTMENT OF DEFENSE
48 CFR Part 217
[DFARS Case 2003-D004]
Defense Federal Acquisition Regulation Supplement; Multiyear
Procurement Authority for Environmental Services for Military
Installations
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 827 of the National Defense Authorization Act for
Fiscal Year 2003. Section 827 authorizes DoD to enter into multiyear
contracts for environmental remediation services for military
installations.
EFFECTIVE DATE: May 13, 2004.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense
Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D004.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 68 FR 43332 on July 22, 2003, to
implement Section 827 of the National Defense Authorization Act for
Fiscal Year 2003 (Public Law 107-314). Section 827 amended 10 U.S.C.
2306c to provide authority for DoD to enter into multiyear contracts
for environmental remediation services for military installations. Two
sources submitted comments on the interim rule. A discussion of the
comments is provided below.
1. Comment: The interim rule is a major step forward for
environmental remediation that can be accomplished within 5 years.
However, the rule should provide for limited authority beyond 5 years
where practicable and in the best interest of the Government.
DoD Response: The recommended change is not feasible, since 10
U.S.C. 2306c limits multiyear contracting authority for services to not
more than 5 years.
2. Comment: DFARS 232.703-1(1)(iii), which addresses incremental
funding, must be sustained and clarified to provide the ability to cash
flow expensive remedial projects that cannot be fully funded within a
single year appropriation.
DoD Response: No change to the incremental funding policy in DFARS
232.703-1(1)(iii) is necessary for implementation of this rule.
3. Comment: There is confusion within DoD as to what constitutes
environmental services and environmental construction. DoD should
clarify that all actions taken to remediate contamination under the
DERA program constitute environmental services.
DoD Response: The recommended clarification is outside the scope of
this DFARS case.
4. Comment: The definition of ``military installation'' or the list
in DFARS 217.171(a)(1)(v) should specifically include industrial
property to remove any question as to whether the remediation services
can be used at both active and former government-owned-contractor-
operated industrial plants currently or previously owned by DoD.
DoD Response: The definition of ``military installation'' in DFARS
217.103 and the list in DFARS 217.171(a)(1)(v) are consistent with the
provisions of 10 U.S.C. 2306c as amended by Section 827 of Public Law
107-314. The multiyear contracting authority provided by the rule
applies to environmental remediation services that meet the criteria at
DFARS 217.171(a)(1)(v).
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
[[Page 26508]]
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because application of the rule is limited to contracts for
environmental remediation services at military installations or sites
formerly used by DoD. Before using the multiyear contracting authority
provided by the rule, the head of the agency must determine that
certain conditions exist, to include a determination that use of a
multiyear contract will promote the best interests of the United States
by encouraging effective competition and promoting economies in
operations.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 217
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR Part 217, which was
published at 68 FR 43332 on July 22, 2003, is adopted as a final rule
without change.
[FR Doc. 04-10881 Filed 5-12-04; 8:45 am]
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