[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8150-8151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3702]
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DEPARTMENT OF DEFENSE
48 CFR Parts 209 and 252
[DFARS Case 2003-D011]
Defense Federal Acquisition Regulation Supplement; Contractor
Qualifications Relating to Contract Placement
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to delete text pertaining to contractor
qualification requirements. This proposed rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 23, 2004, to be considered
in the formation of the final rule.
ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative,
respondents may e-mail comments to: [email protected]. Please cite DFARS
Case 2003-D011 in the subject line of e-mailed comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Teresa Brooks, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350.
Please cite DFARS Case 2003-D011.
At the end of the comment period, interested parties may view
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, (703) 602-0326.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dp/dars/transf.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed changes include--
Deletion of text at 209.103, 209.103-70, and
252.209-7000 pertaining to obsolete Intermediate Range Nuclear Forces
(INF) Treaty inspection requirements.
Deletion of text at DFARS 209.106-1, 209.106-2,
and 209.202 containing internal DoD procedures relating to requests for
pre-award surveys and approval for use of product qualification
requirements. This text will be relocated to the new DFARS companion
resource, Procedures, Guidance, and Information (PGI). A proposed rule
describing the purpose and structure of PGI is published elsewhere in
this issue of the Federal Register under DFARS Case 2003-D090,
Procedures, Guidance, and Information.
Deletion of unnecessary first article testing
and approval requirements in DFARS Subpart 209.3.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to 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 the DFARS
text proposed for deletion addresses requirements that are obsolete or
unnecessary or that do not have a significant effect beyond the
internal operating procedures of DoD. Therefore, DoD has not performed
an initial regulatory flexibility analysis. DoD invites comments from
small businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2003-D011.
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 Parts 209 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR parts 209 and 252 as
follows:
1. The authority citation for 48 CFR parts 209 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
209.103 and 209.103-70 [Removed]
2. Sections 209.103 and 209.103-70 are removed.
3. Section 209.106 is revised to read as follows:
[[Page 8151]]
209.106 Preaward surveys.
When requesting a preaward survey, follow the procedures at PGI
209.106.
209.106-1 and 209.106-2 [Removed]
4. Sections 209.106-1 and 209.106-2 are removed.
5. Section 209.202 is revised to read as follows:
209.202 Policy.
(a)(1) When establishing qualification requirements, obtain
approval in accordance with PGI 209.202(a)(1).
Subpart 209.3--[Removed]
6. Subpart 209.3 is removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.209-7000 [Removed and Reserved]
7. Section 252.209-7000 is removed and reserved.
[FR Doc. 04-3702 Filed 2-20-04; 8:45 am]
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