[Federal Register Volume 74, Number 144 (Wednesday, July 29, 2009)]
[Rules and Regulations]
[Pages 37625-37626]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17953]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 207, 215, and 237
RIN 0750-AG28
Defense Federal Acquisition Regulation Supplement; Peer Reviews
of Contracts (DFARS Case 2008-D035)
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
Peer Reviews of DoD solicitations and contracts. Such reviews will
promote quality and consistency in DoD contracting.
DATES: Effective Date: July 29, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
[[Page 37626]]
20301-3062. Telephone 703-602-8383; facsimile 703-602-7887. Please cite
DFARS Case 2008-D035.
SUPPLEMENTARY INFORMATION:
A. Background
The objective of Peer Reviews of solicitations and contracts is to
ensure consistent policy implementation, to improve the quality of
contracting processes, and to facilitate cross-sharing of best
practices and lessons learned throughout DoD. This final rule specifies
that the Office of the Director, Defense Procurement and Acquisition
Policy, will organize teams of reviewers and will facilitate Peer
Reviews for all solicitations valued at $1 billion or more and for all
contracts for services valued at $1 billion or more. In addition, the
rule requires the military departments, defense agencies, and DoD field
activities to establish procedures for pre-award Peer Review of
solicitations valued at less than $1 billion, and post-award Peer
Review of contracts for services valued at less than $1 billion.
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
2008-D035.
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 201, 207, 215, and 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Parts 201, 207, 215, and 237 are amended as follows:
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1. The authority citation for 48 CFR Parts 201, 207, 215, and 237
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
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2. Section 201.170 is added to read as follows:
201.170 Peer Reviews.
(a) Acquisitions valued at $1 billion or more.
(1) The Office of the Director, Defense Procurement and Acquisition
Policy, will organize teams of reviewers and facilitate Peer Reviews
for solicitations and contracts valued at $1 billion or more, as
follows:
(i) Pre-award Peer Reviews will be conducted for all solicitations
valued at $1 billion or more (including options).
(ii) Post-award Peer Reviews will be conducted for all contracts
for services valued at $1 billion or more (including options).
(iii) Reviews will be conducted using the procedures at PGI
201.170.
(2) To facilitate planning for Peer Reviews, the military
departments, defense agencies, and DoD field activities shall provide a
rolling annual forecast of acquisitions with an anticipated value of $1
billion or more (including options) at the end of each quarter (i.e.,
March 31; June 30; September 30; December 31), to the Deputy Director,
Defense Procurement and Acquisition Policy (Contract Policy and
International Contracting), 3060 Defense Pentagon, Washington, DC
20301-3060.
(b) Acquisitions valued at less than $1 billion. The military
departments, defense agencies, and DoD field activities shall establish
procedures for--
(1) Pre-award Peer Reviews of solicitations valued at less than $1
billion; and
(2) Post-award Peer Reviews of contracts for services valued at
less than $1 billion.
PART 207--ACQUISITION PLANNING
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3. Section 207.104 is added to read as follows:
207.104 General procedures.
In developing an acquisition plan, agency officials shall take into
account the requirement for scheduling and conducting a Peer Review in
accordance with 201.170.
PART 215--CONTRACTING BY NEGOTIATION
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4. Section 215.270 is added to read as follows:
215.270 Peer Reviews.
Agency officials shall conduct Peer Reviews in accordance with
201.170.
PART 237--SERVICE CONTRACTING
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5. Section 237.102 is amended by adding paragraph (e) to read as
follows:
237.102 Policy.
* * * * *
(e) Program officials shall obtain assistance from contracting
officials through the Peer Review process at 201.170.
[FR Doc. E9-17953 Filed 7-28-09; 8:45 am]
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