[Federal Register: April 30, 2010 (Volume 75, Number 83)]
[Rules and Regulations]
[Page 22706]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ap10-8]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 237, and 246
RIN 0750-AG49
Defense Federal Acquisition Regulation Supplement; Service
Contract Surveillance (DFARS Case 2008-D032)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to ensure that the
requirement for a quality assurance surveillance plan is addressed for
each contract with a dollar value above the simplified acquisition
threshold, and that contracts for services have appropriate performance
management or surveillance plans prepared for the work being performed
under the contract.
DATES: Effective Date: April 30, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), 3060 Defense
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
0311; facsimile 703-602-0350. Please cite DFARS Case 2008-D032.
SUPPLEMENTARY INFORMATION:
A. Background
The DoD improvement plan for the GAO High Risk Area--Contract
Management, includes a commitment from DoD to clarify and/or enhance
the DFARS to ensure that appropriate surveillance plans are included in
contracts for services. This rule amends the DFARS to ensure that
quality assurance surveillance plans are prepared in conjunction with
the statement of work or statement of objectives, and included in
solicitations and contracts for services to facilitate assessments of
contractor performance. Additionally, the requirement for a quality
assurance surveillance plan shall be addressed and documented in the
contract file for each contract with a dollar value above the
simplified acquisition threshold.
DoD is issuing this rule as a final rule because this rule does not
have a significant effect beyond the internal operating procedures of
DoD and does not have a significant cost or administrative impact on
contractors or offerors. Therefore, public comment is not required in
accordance with 41 U.S.C. 418b(a).
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 418b(a).
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
the rule does not impose additional 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, 237, and 246
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 201, 237, and 246 are amended as follows:
0
1. The authority citation for 48 CFR parts 201, 237, and 246 continues
to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Section 201.602-2 is amended by revising paragraph (1) to read as
follows:
201.602-2 Responsibilities.
(1) Follow the procedures at PGI 201.602-2 regarding designation,
assignment, and responsibilities of a contracting officer's
representative (COR).
* * * * *
PART 237--SERVICE CONTRACTING
0
3. Section 237.172 is added to read as follows:
237.172 Service Contracts Surveillance.
Ensure that quality assurance surveillance plans are prepared in
conjunction with the preparation of the statement of work or statement
of objectives for solicitations and contracts for services. These plans
should be tailored to address the performance risks inherent in the
specific contract type and the work effort addressed by the contract.
(See FAR Subpart 46.4.) Retain quality assurance surveillance plans in
the official contract file. See https://sam.dau.mil, Step Four--
Requirements Definition, for examples of quality assurance surveillance
plans.
PART 246--QUALITY ASSURANCE
0
4. Section 246.401 is added to read as follows:
246.401 General.
The requirement for a quality assurance surveillance plan shall be
addressed and documented in the contract file for each contract except
for those awarded using simplified acquisition procedures. For
contracts for services, the contracting officer should prepare a
quality assurance surveillance plan to facilitate assessment of
contractor performance, see 237.172. For contracts for supplies, the
contracting officer should address the need for a quality assurance
surveillance plan.
[FR Doc. 2010-9884 Filed 4-29-10; 8:45 am]
BILLING CODE 5001-08-P