[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19041-19042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7094]


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DEPARTMENT OF DEFENSE

48 CFR Part 213

[DFARS Case 2003-D059]


Defense Federal Acquisition Regulation Supplement; Use of the 
Governmentwide Commercial Purchase Card for Micro-Purchases

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 requirements for use of the 
Governmentwide commercial purchase card for actions at or below the 
micro-purchase threshold. 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 June 13, 2005, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D059, 
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 2003-D059 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Robin Schulze, 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. Robin Schulze, (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/dpap/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed rule amends DoD policy for use of the 
Governmentwide commercial purchase card for actions at or below the 
micro-purchase threshold to--
    [ctrcir] Lower the approval level for exceptions to the policy, 
from a general or flag officer or a member of the Senior Executive 
Service, to the chief of the contracting office; and
    [ctrcir] Add a new blanket exception to the policy that applies if 
an authorized official renders the agency's or activity's purchase card 
program inactive.
    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 
pertains only to internal DoD review and approval requirements for 
exceptions to DoD policy for use of the Governmentwide commercial 
purchase card. 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-D059.

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 213

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR Part 213 as follows:

    1. The authority citation for 48 CFR Part 213 continues to read as 
follows:

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

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

    2. Section 213.270 is amended as follows:
    a. By revising paragraph (b);
    b. By redesignating paragraph (c) as paragraph (d); and
    c. By adding a new paragraph (c) to read as follows:


213.270  Use of the Governmentwide commercial purchase card.

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    (b)(1) The chief of the contracting office of the cardholder 
activity makes a written determination that--
    (i) The source or sources available for the supply or service do 
not accept the purchase card; and
    (ii) The contracting office is seeking a source that accepts the 
purchase card.
    (2) To prevent mission delays, if an activity does not have a 
resident chief of the contracting office, delegation of this authority 
to the level of the senior local commander or director is permitted;

[[Page 19042]]

    (c) An authorized official renders the agency's or activity's 
purchase card program inactive; or
* * * * *
[FR Doc. 05-7094 Filed 4-11-05; 8:45 am]
BILLING CODE 5001-08-P