[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8149-8150]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3705]
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DEPARTMENT OF DEFENSE
48 CFR Part 206
[DFARS Case 2003-D017]
Defense Federal Acquisition Regulation Supplement; Competition
Requirements
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 competition
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 on 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-D017 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-D017.
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--
Revision of DFARS 206.001 to clarify the text.
Deletion of text at DFARS 206.202(b) regarding
documentation needed to support a DoD determination to exclude a
particular source from a contact action in order to establish or
maintain an alternative source of supplies or services; and deletion of
text at DFARS 206.302-2 containing examples of circumstances under
which use of other than full and open competition may be appropriate
due to unusual and compelling urgency. 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 obsolete text at DFARS 206.302-
1(b)(4) and deletion of unnecessary text at DFARS 206.303-1(b) and (c)
and 206.303-2.
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
changes are limited to clarifying revisions or deletion of text that is
unnecessary or internal to 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-D017.
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 206
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR part 206 as follows:
1. The authority citation for 48 CFR part 206 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 8150]]
PART 206--COMPETITION REQUIREMENTS
2. Section 206.001 is revised to read as follows:
206.001 Applicability.
(a) As authorized by 10 U.S.C. 1091, contracts awarded using the
procedures in 237.104(b)(ii) are exempt from the competition
requirements of FAR Part 6.
3. Section 206.202 is revised to read as follows:
206.202 Establishing or maintaining alternative sources.
(a) Agencies may use this authority to totally or partially exclude
a particular source from a contract action.
(b) The determination and findings (D&F) and the documentation
supporting the D&F shall identify the source to be excluded from the
contract action. Include the information at PGI 206.202, as applicable,
and any other information that may be pertinent, in the supporting
documentation.
206.302-1 [Amended]
4. Section 206.302-1 is amended by removing paragraph (b)(4).
5. Section 206.302-2 is revised to read as follows:
206.302-2 Unusual and compelling urgency.
(b) Application. For guidance on circumstances under which use of
this authority may be appropriate, see PGI 206.302-2(b).
206.303-1 [Amended]
6. Section 206.303-1 is amended by removing paragraphs (b) and (c).
206.303-2 [Removed]
7. Section 206.303-2 is removed.
[FR Doc. 04-3705 Filed 2-20-04; 8:45 am]
BILLING CODE 5001-08-P