[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Pages 20757-20758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-7911]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 203
RIN 0750-AF60
Defense Federal Acquisition Regulation Supplement; Acquisition
Integrity (DFARS Case 2006-D044)
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 address requirements for
the separation of Government functions for oversight, source selection,
contract negotiation, and contract award. The rule contains best
practice policies for use by the military departments and defense
agencies.
EFFECTIVE DATE: April 26, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Delaney, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-8384;
facsimile (703) 602-0350. Please cite DFARS Case 2006-D044.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds a new section at DFARS 203.170 to address
requirements for the separation of Government functions for oversight,
source selection, contract negotiation, and contract award. The rule
contains best practice policies to ensure the separation of such
functions.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2006-D044.
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 203
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 203 is amended as follows:
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
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1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
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2. Section 203.170 is added to read as follows:
203.170 Business practices.
To ensure the separation of functions for oversight, source
selection, contract negotiation, and contract award, departments and
agencies shall adhere to the following best practice policies:
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
(b) Vacant acquisition positions shall be filled on an ``acting''
basis from below until a permanent appointment is made. To provide
promising professionals an opportunity to gain experience by
temporarily filling higher positions, these oversight duties shall not
be accrued at the top.
(c) Acquisition process reviews of the military departments shall
be conducted to assess and improve acquisition and management
processes, roles, and structures. The scope of the reviews should
include--
(1) Distribution of acquisition roles and responsibilities among
personnel;
(2) Processes for reporting concerns about unusual or inappropriate
actions; and
(3) Application of DoD Instruction 5000.2, Operation of the Defense
[[Page 20758]]
Acquisition System, and the disciplines in the Defense Acquisition
Guidebook.
(d) Source selection processes shall be--
(1) Reviewed and approved by cognizant organizations responsible
for oversight;
(2) Documented by the head of the contracting activity or at the
agency level; and
(3) Periodically reviewed by outside officials independent of that
office or agency.
(e) Legal review of documentation of major acquisition system
source selection shall be conducted prior to contract award, including
the supporting documentation of the source selection evaluation board,
source selection advisory council, and source selection authority.
(f) Procurement management reviews shall determine whether
clearance threshold authorities are clear and that independent review
is provided for acquisitions exceeding the simplified acquisition
threshold.
[FR Doc. E7-7911 Filed 4-25-07; 8:45 am]
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