[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8536-8537]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3200]


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DEPARTMENT OF DEFENSE

48 CFR Part 205

[DFARS Case 2004-D025]


Defense Federal Acquisition Regulation Supplement; Provision of 
Information to Cooperative Agreement Holders

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement section 816 of 
the National Defense Authorization Act for Fiscal Year 2005. Section 
816 increases, from $500,000 to $1,000,000, the threshold at which a 
DoD contract must include a requirement for the contractor to provide 
to cooperative agreement holders, upon their request, a list of the 
contractor's employees who are responsible for entering into 
subcontracts.

DATES: Effective date: February 22, 2005.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before April 25, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2004-D025, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include DFARS Case 2004-D025 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Michele Peterson, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, 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. Michele Peterson, (703) 602-0311.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Section 816 of the National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375). Section 
816 amends 10 U.S.C. 2416(d) to increase, from $500,000 to $1,000,000, 
the threshold at which a DoD contract must include a requirement for 
the contractor to provide to cooperative agreement holders, upon their 
request, a list of the contractor's employees who are responsible for 
entering into subcontracts. The rule amends the prescription for use of 
the clause at DFARS 252.205-7000, Provision of Information to 
Cooperative Agreement Holders, to reflect the new dollar threshold.
    This rule was not subject to Office of Management and Budget review 
under

[[Page 8537]]

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. While the rule will 
reduce administrative burdens for contractors, the economic impact is 
not expected to be substantial. 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 2004-D025.

C. Paperwork Reduction Act

    The information collection requirements of the clause at DFARS 
252.205-7000, Provision of Information to Cooperative Agreement 
Holders, have been approved by the Office of Management and Budget, 
under Control Number 0704-0286, for use through September 30, 2007.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 816 of the National Defense 
Authorization Act for Fiscal Year 2005 (Public Law 108-375). Section 
816 amends 10 U.S.C. 2416(d) to increase, from $500,000 to $1,000,000, 
the threshold at which a DoD contract must include a requirement for 
the contractor to provide to cooperative agreement holders, upon their 
request, a list of the contractor's employees who are responsible for 
entering into subcontracts. Section 816 became effective upon enactment 
on October 28, 2004. Comments received in response to this interim rule 
will be considered in the formation of the final rule.

List of Subjects in 48 CFR Part 205

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.


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Therefore, 48 CFR part 205 is amended as follows:

PART 205--PUBLICIZING CONTRACT ACTIONS

0
1. The authority citation for 48 CFR part 205 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


205.470  [Amended]

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2. Section 205.470 is amended in the first sentence by removing 
``$500,000'' and adding in its place ``$1,000,000''.

[FR Doc. 05-3200 Filed 2-18-05; 8:45 am]
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