[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9272-9273]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1631]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 236
[DFARS Case 2003-D034]
Defense Federal Acquisition Regulation Supplement; Construction
Contracting
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
contracting for construction. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
DATES: Effective Date: February 23, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D034.
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 final rule is a result of the DFARS Transformation initiative.
The rule--
Deletes DFARS text defining and addressing the use of
network analysis systems, as this subject is addressed in the United
Facilities Guide Specifications used by the military departments in
specifying construction requirements; and
Deletes DFARS text on distribution and use of contractor
performance reports, handling of Government estimates of construction
costs, use of bid schedules with additive or deductive items, and
technical working agreements with foreign governments. Text on these
subjects has been relocated to the new DFARS companion resource,
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70 FR 35605 on June 21, 2005. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule without change.
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 certifies that this final rule will not 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 streamlines DFARS text, but makes no
significant change to DoD contracting policy.
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 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 236 is amended as follows:
0
1. The authority citation for 48 CFR part 236 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.102 [Amended]
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2. Section 236.102 is amended by removing paragraph (4) and
redesignating paragraph (5) as paragraph (4).
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3. Section 236.201 is amended by revising paragraph (c) to read as
follows:
236.201 Evaluation of contractor performance.
* * * * *
[[Page 9273]]
(c) Follow the procedures at PGI 236.201(c) for distribution and
use of performance reports.
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4. Section 236.203 is revised to read as follows:
236.203 Government estimate of construction costs.
Follow the procedures at PGI 236.203 for handling the Government
estimate of construction costs.
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5. Section 236.213 is revised to read as follows:
236.213 Special procedures for sealed bidding in construction
contracting.
If it appears that sufficient funds may not be available for all
the desired construction features, consider using a bid schedule with
additive or deductive items in accordance with PGI 236.213.
236.213-70 and 236.273 [Removed]
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6. Sections 236.213-70 and 236.273 are removed.
236.274 [Redesignated]
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7. Section 236.274 is redesignated as section 236.273.
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8. Newly designated section 236.273 is amended by revising paragraph
(b) to read as follows:
236.273 Construction in foreign countries.
* * * * *
(b) See PGI 236.273(b) for guidance on technical working agreements
with foreign governments.
[FR Doc. 06-1631 Filed 2-22-06; 8:45 am]
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