[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8148-8149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3704]
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DEPARTMENT OF DEFENSE
48 CFR Parts 205, 226, 235, and 252
[DFARS Case 2003-D016]
Defense Federal Acquisition Regulation Supplement; Publicizing
Contract Actions
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 update text pertaining to publicizing
contract actions. 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-D016 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-D016.
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 DFARS 205.207(d)(ii)
containing a notice to be included in acquisitions being considered for
historically black college and university and minority institution
(HBCU/MI) set-aside. This notice will be relocated to the new DFARS
companion resource, Procedures, Guidance, and Information (PGI), with
retention of a policy statement in DFARS 205.207 regarding use of the
notice, and addition of a policy statement at DFARS 226.7003-2(c)
regarding the requirement for an interested HBCU/MI to provide evidence
of its capability and eligibility (which is also addressed in the
notice). 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.
Redesignation of DFARS 205.207(d)(iii) as
205.207(d)(ii), and deletion of text that duplicates policy found in
235.016. A reference to 236.016 has been retained in newly designated
205.207(d)(ii).
Deletion of unnecessary text at DFARS
205.207(e), 205.470-1, and 205.502. The clause prescription at 205.470-
2 is redesignated as 205.470 and amended to include a statutory
reference.
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 rule
updates and relocates DFARS text, with no substantive change in policy.
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-D016.
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 205, 226, 235 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR Parts 205, 226, 235, and
252 as follows:
1. The authority citation for 48 CFR Parts 205, 226, 235, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 205--PUBLICIZING CONTRACT ACTIONS
2. Section 205.207 is revised to read as follows:
205.207 Preparation and transmittal of synopses.
(d)(i) For acquisitions being considered for historically black
college and university and minority institution set-asides under
226.7003--
(A) Cite the appropriate Numbered Note; and
(B) Include the notice at PGI 205.207(d)(i).
(ii) For broad agency announcement notices, see 235.016.
3. Section 205.470 is revised to read as follows:
[[Page 8149]]
205.470 Contract clause.
Use the clause at 252.205-7000, Provision of Information to
Cooperative Agreement Holders, in solicitations and contracts expected
to exceed $500,000. This clause implements 10 U.S.C. 2416.
205.470-1 and 205.470-2 [Removed]
4. Sections 205.470-1 and 205.470-2 are removed.
5. Section 205.502 is revised to read as follows:
205.502 Authority.
(a) Newspapers. Heads of contracting activities are delegated
authority to approve the publication of paid advertisements in
newspapers.
PART 226--OTHER SOCIOECONOMIC PROGRAMS
6. Section 226.7003-2 is amended by revising paragraph (c) to read
as follows:
226.7003-2 Set-aside procedures.
* * * * *
(c) Follow the special synopsis instructions in 205.207(d).
Interested HBCU/MIs must provide evidence of their capability to
perform the contract, and a positive statement of their eligibility,
within 15 days of publication of the synopsis in order for the
acquisition to proceed as an HCBU/MI set-aside.
* * * * *
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
235.016 [Amended]
7. Section 235.016 is amended in paragraph (2)(ii) by revising the
parenthetical to read ``(see 205.207(d))''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.205-7000 [Amended]
8. Section 252.205-7000 is amended in the introductory text by
removing ``205.470-2'' and adding in its place ``205.470''.
[FR Doc. 04-3704 Filed 2-20-04; 8:45 am]
BILLING CODE 5001-08-P