[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Rules and Regulations]
[Pages 3413-3414]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-566]
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DEPARTMENT OF DEFENSE
48 CFR Part 215
[DFARS Case 2003-D077]
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; Contracting by Negotiation
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 by negotiation. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
EFFECTIVE DATE: January 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-D077.
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 unnecessary text at DFARS 215.000, 215.204-1,
215.304(c)(ii), and 215.305(b).
Deletes text at DFARS 215.303 and 215.304 containing
procedures for preparation of source selection plans and examples of
source selection evaluation factors. 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.
Updates references to the clauses at FAR 52.219-8 and
52.219-9, to reflect the current clause titles.
DoD published a proposed rule at 70 FR 14624 on March 23, 2005. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule. The final rule contains a paragraph
215.304(c)(ii) that was not included in the proposed rule, as this
paragraph was added to the DFARS (as 215.304(c)(iii)) in the interim
rule published at 70 FR 29643 on May 24, 2005.
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
[[Page 3414]]
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 215
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Part 215 is amended as follows:
PART 215--CONTRACTING BY NEGOTIATION
0
1. The authority citation for 48 CFR part 215 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
215.000 [Removed]
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2. Section 215.000 is removed.
Subpart 215.2 [Removed]
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3. Subpart 215.2 is removed.
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4. Sections 215.303 through 215.305 are revised to read as follows:
215.303 Responsibilities.
(b)(2) For high-dollar value and other acquisitions, as prescribed
by agency procedures, the source selection authority shall approve a
source selection plan before the solicitation is issued. Follow the
procedures at PGI 215.303(b)(2) for preparation of the source selection
plan.
215.304 Evaluation factors and significant subfactors.
(c)(i) In acquisitions that require use of the clause at FAR
52.219-9, Small Business Subcontracting Plan, other than those based on
the lowest price technically acceptable source selection process (see
FAR 15.101-2), the extent of participation of small businesses and
historically black colleges or universities and minority institutions
in performance of the contract shall be addressed in source selection.
The contracting officer shall evaluate the extent to which offerors
identify and commit to small business and historically black college or
university and minority institution performance of the contract,
whether as a joint venture, teaming arrangement, or subcontractor.
(A) See PGI 215.304(c)(i)(A) for examples of evaluation factors.
(B) Proposals addressing the extent of small business and
historically black college or university and minority institution
performance may be separate from subcontracting plans submitted
pursuant to the clause at FAR 52.219-9 and should be structured to
allow for consideration of offers from small businesses.
(C) When an evaluation assesses the extent that small businesses
and historically black colleges or universities and minority
institutions are specifically identified in proposals, the small
businesses and historically black colleges or universities and minority
institutions considered in the evaluation shall be listed in any
subcontracting plan submitted pursuant to FAR 52.219-9 to facilitate
compliance with 252.219-7003(g).
(ii) In accordance with 10 U.S.C. 2436, consider the purchase and
use of capital assets (including machine tools) manufactured in the
United States, in source selections for all major defense acquisition
programs, as defined in 10 U.S.C. 2430, when it is pertinent to the
best value determination.
215.305 Proposal evaluation.
(a)(2) Past performance evaluation. When a past performance
evaluation is required by FAR 15.304, and the solicitation includes the
clause at FAR 52.219-8, Utilization of Small Business Concerns, the
evaluation factors shall include the past performance of offerors in
complying with requirements of that clause. When a past performance
evaluation is required by FAR 15.304, and the solicitation includes the
clause at FAR 52.219-9, Small Business Subcontracting Plan, the
evaluation factors shall include the past performance of offerors in
complying with requirements of that clause.
[FR Doc. 06-566 Filed 1-20-06; 8:45 am]
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