[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67955-67956]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-22113]
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DEPARTMENT OF DEFENSE
48 CFR Part 242
[DFARS Case 2003-D051]
Defense Federal Acquisition Regulation Supplement; Contract
Administration Functions
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 addressing functions
performed by DoD contract administration offices. 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 January 9, 2006, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D051,
using any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2003-D051 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Deborah Tronic, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
[cir] Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602-0289.
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/dpap/dars/dfars/transformation/index.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
[cir] Update the list of DoD contract administration functions to
clarify responsibilities for payment administration and for
verification of contractor compliance with earned value management
system requirements;
[cir] Delete obsolete text on mobilization production planning
surveys; and
[cir] Delete procedures for designation of contract payment
offices. Text on this subject will be relocated to the new DFARS
companion resource, Procedures, Guidance, and Information (PGI).
Additional information on PGI is available at http://www.acq.osd.mil/dpap/dars/pgi.
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
[[Page 67956]]
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
addresses internal DoD responsibilities for performance of contract
administration functions. 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 subpart in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2003-D051.
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 242
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 242 as follows:
1. The authority citation for 48 CFR part 242 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
2. Section 242.302 is revised to read as follows:
242.302 Contract administration functions.
(a)(4) Also, review and evaluate--
(A) Contractor estimating systems (see FAR 15.407-5); and
(B) Contractor material management and accounting systems under
Subpart 242.72.
(7) See 242.7503 for ACO responsibilities with regard to receipt of
an audit report identifying significant accounting system or related
internal control deficiencies.
(9) For additional contract administration functions related to
IR&D/B&P projects performed by major contractors, see 242.771-3(a).
(12) Also perform all payment administration in accordance with any
applicable payment clauses.
(13)(A) Do not delegate the responsibility to make payments to the
Defense Contract Management Agency (DCMA).
(B) Follow the procedures at PGI 242.302(a)(13)(B) for designation
of payment offices.
(39) See 223.370 for contract administration responsibilities on
contracts for ammunition and explosives.
(67) Also support program offices and buying activities in
precontractual efforts leading to a solicitation or award.
(S-70) Serve as the single point of contact for all Single Process
Initiative (SPI) Management Council activities. The ACO shall negotiate
and execute facilitywide class modifications and agreements for SPI
processes, when authorized by the affected components.
(S-71) DCMA has responsibility for reviewing earned value
management system (EVMS) plans and verifying initial and continuing
contractor compliance with DoD EVMS criteria. The contracting officer
shall not retain this function.
(b)(S-70) Issue, negotiate, and execute orders under basic ordering
agreements for overhaul, maintenance, and repair.
[FR Doc. 05-22113 Filed 11-8-05; 8:45 am]
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