[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9267-9268]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1634]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
[DFARS Case 2003-D084]
Defense Federal Acquisition Regulation Supplement; Administrative
Matters
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 addressing
administrative matters related to contract placement. 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: Ms. Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D084.
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 administrative procedures for DoD signature of
contract documents at DFARS 204.101. This text has been relocated to
the new DFARS companion resource, Procedures, Guidance, and Information
(PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
[[Page 9268]]
Deletes unnecessary cross-references at DFARS 204.402(1)
and 204.902(b).
Deletes text on security requirements and IRS reporting
requirements at DFARS 204.402(2) and 204.904, respectively, as these
requirements are adequately addressed in the FAR or elsewhere in the
DFARS.
DoD published a proposed rule at 70 FR 19037 on April 12, 2005. DoD
received comments from one respondent. The respondent agreed with the
proposed change to DFARS 204.101, Contracting officer's signature, and
the deletion of DFARS 204.904, Reporting payment information to the
IRS. However, the respondent disagreed with deletion of the text at
DFARS 204.402 addressing the contractor's obligations regarding the
protection of a DoD employee's work product. The respondent stated that
deletion of this text could lead contractor personnel to believe that a
contractor's procedures trump the security requirements of a DoD
employee. DoD does not believe that deletion of the text at DFARS
204.402 will present such a problem, because the clause at DFARS
252.204-7003, Control of Government Personnel Work Product, contains
similar text, and that clause is included in all solicitations and
contracts in accordance with DFARS 204.404-70(b). 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 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 204 is amended as follows:
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1. The authority citation for 48 CFR part 204 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
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2. Section 204.101 is revised to read as follows:
204.101 Contracting officer's signature.
Follow the procedures at PGI 204.101 for signature of contract
documents.
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3. Section 204.402 is revised to read as follows:
204.402 General.
DoD employees or members of the Armed Forces who are assigned to or
visiting a contractor facility and are engaged in oversight of an
acquisition program will retain control of their work products, both
classified and unclassified.
204.902 [Amended]
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4. Section 204.902 is amended in paragraph (b) by removing the
parenthetical ``(see 204.670)''.
204.904 [Removed]
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5. Section 204.904 is removed.
[FR Doc. 06-1634 Filed 2-22-06; 8:45 am]
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