[Federal Register Volume 73, Number 203 (Monday, October 20, 2008)]
[Rules and Regulations]
[Pages 62211-62212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-24480]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 215 and 252
RIN 0750-AF40
Defense Federal Acquisition Regulation Supplement; Evaluation
Factor for Use of Members of the Selected Reserve (DFARS Case 2006-
D014)
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 implement Section 819 of
the National Defense Authorization Act for Fiscal Year 2006. Section
819 authorizes DoD to use an evaluation factor that considers whether
an offeror intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve.
DATES: Effective Date: October 20, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
1302; facsimile 703-602-7887. Please cite DFARS Case 2006-D014.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 819
authorizes DoD to use an evaluation factor that considers whether an
offeror intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve, and requires
offerors to submit documentation supporting any stated intent to use
such employees or subcontractors. The rule contains a solicitation
provision and a contract clause addressing the evaluation factor and
the obligations of a contractor awarded a contract based on the
evaluation factor.
DoD published a proposed rule at 72 FR 51209 on September 6, 2007.
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 use of the evaluation factor is discretionary and is not
expected to affect a significant number of acquisitions.
C. Paperwork Reduction Act
This final rule contains a new information collection requirement.
The Office of Management and Budget has approved the information
collection under Control Number 0704-0446.
List of Subjects in 48 CFR Parts 215 and 252
Government procurement.
Michele P. Peterson
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Parts 215 and 252 are amended as follows:
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1. The authority citation for 48 CFR Parts 215 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
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2. Sections 215.370 through 215.370-3 are added to read as follows:
215.370 Evaluation factor for employing or subcontracting with
members of the Selected Reserve.
215.370-1 Definition.
Selected Reserve, as used in this section, is defined in the
provision at 252.215-7005, Evaluation Factor for Employing or
Subcontracting with Members of the Selected Reserve.
215.370-2 Evaluation factor.
In accordance with Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), the
contracting officer may use an evaluation factor that considers whether
an offeror intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve. See
PGI 215.370-2 for guidance on use of this evaluation factor.
215.370-3 Solicitation provision and contract clause.
(a) Use the provision at 252.215-7005, Evaluation Factor for
Employing or Subcontracting with Members of the
[[Page 62212]]
Selected Reserve, in solicitations that include an evaluation factor
considering whether an offeror intends to perform the contract using
employees or individual subcontractors who are members of the Selected
Reserve.
(b) Use the clause at 252.215-7006, Use of Employees or Individual
Subcontractors Who are Members of the Selected Reserve, in
solicitations that include the provision at 252.215-7005. Include the
clause in the resultant contract only if the contractor stated in its
proposal that it intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve, and
that statement was used as an evaluation factor in the award decision.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Sections 252.215-7005 and 252.215-7006 are added to read as follows:
252.215-7005 Evaluation Factor for Employing or Subcontracting With
Members of the Selected Reserve.
As prescribed in 215.370-3(a), use the following provision:
Evaluation Factor for Employing or Subcontracting With Members of the
Selected Reserve (Oct 2008)
(a) Definition. Selected Reserve, as used in this provision, has
the meaning given that term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills throughout the year and are
the group of Reserves most readily available to the President.
(b) This solicitation includes an evaluation factor that
considers the offeror's intended use of employees, or individual
subcontractors, who are members of the Selected Reserve.
(c) If the offeror, in the performance of any contract resulting
from this solicitation, intends to use employees or individual
subcontractors who are members of the Selected Reserve, the
offeror's proposal shall include documentation to support this
intent. Such documentation may include, but is not limited to--
(1) Existing company documentation, such as payroll or personnel
records, indicating the names of the Selected Reserve members who
are currently employed by the company; or
(2) A statement that one or more positions will be set aside to
be filled by new hires of Selected Reserve members, along with
verifying documentation.
(End of provision)
252.215-7006 Use of Employees or Individual Subcontractors Who Are
Members of the Selected Reserve.
As prescribed in 215.370-3(b), use the following clause:
Use of Employees or Individual Subcontractors Who Are Members of the
Selected Reserve (Oct 2008)
(a) Definition. Selected Reserve, as used in this clause, has
the meaning given that term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills throughout the year and are
the group of Reserves most readily available to the President.
(b) If the Contractor stated in its offer that it intends to use
members of the Selected Reserve in the performance of this
contract--
(1) The Contractor shall use employees, or individual
subcontractors, who are members of the Selected Reserve in the
performance of the contract to the fullest extent consistent with
efficient contract performance; and
(2) The Government has the right to terminate the contract for
default if the Contractor willfully or intentionally fails to use
members of the Selected Reserve, as employees or individual
subcontractors, in the performance of the contract.
(End of clause)
[FR Doc. E8-24480 Filed 10-17-08; 8:45 am]
BILLING CODE 5001-08-P