[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37644-37645]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17946]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204, 219, and 253
RIN 0750-AF77
Defense Federal Acquisition Regulation Supplement; Contract
Reporting (DFARS Case 2007-D006)
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 DoD requirements
for reporting of contract actions in the Federal Procurement Data
System.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile
703-602-7887. Please cite DFARS Case 2007-D006.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Procurement Data System (FPDS) provides a comprehensive
Web-based tool for Federal agencies to report contract actions. General
reporting requirements for FPDS are in Subpart 4.6 of the Federal
Acquisition Regulation. This final rule updates DFARS text addressing
reporting of contract actions, to remove references to obsolete
reporting form DD 350, and to address current DoD procedures for
reporting of contract actions in FPDS.
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 subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2007-D006.
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 Parts 204, 219, and 253
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Parts 204, 219, and 253 are amended as follows:
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1. The authority citation for 48 CFR Parts 204, 219, and 253 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. Sections 204.602, 204.604, and 204.606 are added to read as follows:
[[Page 37645]]
204.602 General.
See PGI 204.602 for additional information on the Federal
Procurement Data System (FPDS) and procedures for resolving technical
or policy issues relating to FPDS.
204.604 Responsibilities.
(1) The process for reporting contract actions to FPDS should,
where possible, be automated by incorporating it into contract writing
systems.
(2) Data in FPDS is stored indefinitely and is electronically
retrievable. Therefore, the contracting officer may reference the
contract action report (CAR) approval date in the associated Government
contract file instead of including a paper copy of the electronically
submitted CAR in the file. Such reference satisfies contract file
documentation requirements of FAR 4.803(a).
(3) By December 15th of each year, the chief acquisition officer of
each DoD component required to report its contract actions shall submit
to the Director, Defense Procurement and Acquisition Policy, its annual
certification and data validation results for the preceding fiscal year
in accordance with the DoD Data Improvement Plan requirements at http://www.acq.osd.mil/dpap/pdi/eb. The Director, Defense Procurement and
Acquisition Policy, will submit a consolidated DoD annual certification
to the Office of Management and Budget by January 5th of each year.
204.606 Reporting data.
In addition to FAR 4.606, follow the procedures at PGI 204.606 for
reporting data to FPDS.
204.670 [Removed]
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3. Section 204.670 is removed.
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4. Section 204.902 is revised to read as follows:
204.902 General.
(b) DoD uses the Federal Procurement Data System (FPDS) to meet
these reporting requirements.
204.7203 [Amended]
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5. Section 204.7203 is amended by removing paragraph (c).
PART 219--SMALL BUSINESS PROGRAMS
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6. Section 219.001 is amended by revising paragraph (2)(iv) to read as
follows:
219.001 Definitions.
* * * * *
(2) * * *
(iv) Reporting contract actions with SDB concerns in the Federal
Procurement Data System (FPDS).
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7. Section 219.202-5 is amended by revising the introductory text to
read as follows:
219.202-5 Data collection and reporting requirements.
Determine the premium percentage to be entered in the Federal
Procurement Data System (FPDS) as follows:
* * * * *
PART 253--FORMS
253.204 and 253.204-70 [Removed]
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8. Sections 253.204 and 253.204-70 are removed.
[FR Doc. E9-17946 Filed 7-28-09; 8:45 am]
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