Defense Federal Acquisition Regulation Supplement; Technical Amendment, 14573-14574 [05-5633]

Download as PDF Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602–0326. SUPPLEMENTARY INFORMATION: A. Background This interim rule adds DFARS Subpart 207.5 to implement Section 804 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). Section 804 adds 10 U.S.C. 2383, which places limitations on the award of contracts for performance of the acquisition functions closely associated with inherently governmental functions that are listed in section 7.503(d) of the Federal Acquisition Regulation. 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 has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. The analysis is summarized as follows: The objective of the rule is to ensure proper management and oversight of contracts for functions that generally are not considered to be inherently governmental, but may approach being in that category because of the nature of the function, the manner in which the contractor performs the contract, or the manner in which the Government administers contractor performance. The impact of the rule on small entities is unknown at this time. DoD agencies will implement the requirements of the rule in making decisions whether to enter into, and in the administration of, contracts for performance of the acquisition functions closely associated with inherently governmental functions that are listed in section 7.503(d) of the Federal Acquisition Regulation. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2004–D021. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 804 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108–375). Section 804 provides that DoD may enter into contracts for the performance of acquisition functions closely associated with inherently governmental functions only if: (1) Appropriate DoD personnel cannot reasonably be made available to perform the functions; (2) appropriate DoD personnel will supervise contractor performance and will perform all associated inherently governmental functions; and (3) DoD addresses any potential organizational conflict of interest of the contractor in the performance of the contract. Section 804 became effective upon enactment on October 28, 2004. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Part 207 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 207 is amended as follows: I 1. The authority citation for 48 CFR Part 207 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 207—ACQUISITION PLANNING 2. Subpart 207.5 is added to read as follows: I Scope of subpart. Policy. (S–70) Contracts for acquisition functions. (1) In accordance with 10 U.S.C. 2383, the head of an agency may enter into a contract for performance of the acquisition functions closely associated with inherently governmental functions that are listed at FAR 7.503(d) only if— PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 209 Defense Federal Acquisition Regulation Supplement; Technical Amendment Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD is making a technical amendment to the Defense Federal Acquisition Regulation Supplement to update the list of agency debarring and suspending officials. DATES: Effective March 23, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. List of Subjects in 48 CFR Part 209 Therefore, 48 CFR Part 209 is amended as follows: I 1. The authority citation for 48 CFR Part 209 continues to read as follows: I This subpart also implements 10 U.S.C. 2383. 207.503 [FR Doc. 05–5629 Filed 3–22–05; 8:45 am] Michele P. Peterson, Editor, Defense Acquisition Regulations System. Scope of subpart. Policy. 207.500 (i) The contracting officer determines that appropriate military or civilian DoD personnel— (A) Cannot reasonably be made available to perform the functions; (B) Will supervise contractor performance of the contract; and (C) Will perform all inherently governmental functions associated with the functions to be performed under the contract; and (ii) The contracting officer ensures that the agency addresses any potential organizational conflict of interest of the contractor in the performance of the functions under the contract (see FAR Subpart 9.5). (2) See related information at PGI 207.503(S–70). Government procurement. Subpart 207.5—Inherently Governmental Functions Sec. 207.500 207.503 14573 Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 209—CONTRACTOR QUALIFICATIONS 209.403 [Amended] 2. Section 209.403 is amended in the definition of ‘‘Debarring and suspending official’’, in paragraph (1), by removing ‘‘National Security Agency—The I E:\FR\FM\23MRR1.SGM 23MRR1 14574 Federal Register / Vol. 70, No. 55 / Wednesday, March 23, 2005 / Rules and Regulations Director’’ and adding in its place ‘‘National Security Agency—The Senior Acquisition Executive’’. [FR Doc. 05–5633 Filed 3–22–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 219 [DFARS Case 2004–D029] Defense Federal Acquisition Regulation Supplement; Extension of Test Program for Negotiation of Comprehensive Small Business Subcontracting Plans Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 843 of the National Defense Authorization Act for Fiscal Year 2005. Section 843 provides for a 5-year extension of the DoD test program for negotiation of comprehensive small business subcontracting plans. DATES: Effective March 23, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. Please cite DFARS Case 2004–D029. SUPPLEMENTARY INFORMATION: A. Background This final rule amends DFARS 219.702 to implement Section 843 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375). Section 843 amends Section 834(e) of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Pub. L. 101–189; 15 U.S.C. 637 note) to extend the termination date of the DoD test program for negotiation of comprehensive small business subcontracting plans, from September 30, 2005, to September 30, 2010. The test program permits participating DoD contractors to negotiate comprehensive small business subcontracting plans on a plant, division, or company-wide basis. This rule also updates a statutory reference at DFARS 219.702(a), and updates the heading of DFARS Subpart 219.7 for consistency with the heading of FAR Subpart 19.7. This rule was not subject to Office of Management and Budget review under VerDate jul<14>2003 14:14 Mar 22, 2005 Jkt 205001 Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act 48 CFR Parts 234, 242, and 252 [DFARS Case 2003–D030] 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 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 2004–D029. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not contain 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 219 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 219 is amended as follows: I 1. The authority citation for 48 CFR part 219 continues to read as follows: I DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulation Supplement; Major Systems Acquisition Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to major systems acquisition, earned value management systems, and cost/schedule status reporting. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Effective Date: March 23, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. Please cite DFARS Case 2003-D030. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the Authority: 41 U.S.C. 421 and 48 CFR efficiency and effectiveness of the Chapter 1. acquisition process, while allowing the acquisition workforce the flexibility to PART 219—SMALL BUSINESS innovate. The transformed DFARS will PROGRAMS contain only requirements of law, DoDwide policies, delegations of FAR Subpart 219.7 [Amended] authorities, deviations from FAR requirements, and policies/procedures I 2. Subpart 219.7 is amended by that have a significant effect beyond the revising the subpart heading to read internal operating procedures of DoD or ‘‘Subpart 219.7—The Small Business a significant cost or administrative Subcontracting Program’’. impact on contractors or offerors. Additional information on the DFARS 219.702 [Amended] Transformation initiative is available at https://www.acq.osd.mil/dpap/dfars/ I 3. Section 219.702 is amended as transf.htm. follows: This final rule is a result of the I a. In paragraph (a), in the introductory DFARS Transformation initiative. The text, by adding after ‘‘as amended’’ the DFARS changes include— parenthetical ‘‘(15 U.S.C. 637 note)’’; and • Deletion of the definitions of I b. In paragraph (a)(i)(A)(1), by ‘‘systems’’ and ‘‘systems acquisition’’ at removing ‘‘2005’’ and adding in its place DFARS 234.001, since these terms are ‘‘2010’’. not used within DFARS part 234. • Relocation of text on earned value [FR Doc. 05–5630 Filed 3–22–05; 8:45 am] management systems from DFARS part BILLING CODE 5001–08–P 234 to part 242, since earned value management system requirements are not limited to major systems acquisition. The earned value management system thresholds PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\23MRR1.SGM 23MRR1

Agencies

[Federal Register Volume 70, Number 55 (Wednesday, March 23, 2005)]
[Rules and Regulations]
[Pages 14573-14574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5633]


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DEPARTMENT OF DEFENSE

48 CFR Part 209


Defense Federal Acquisition Regulation Supplement; Technical 
Amendment

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is making a technical amendment to the Defense Federal 
Acquisition Regulation Supplement to update the list of agency 
debarring and suspending officials.

DATES: Effective March 23, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; 
facsimile (703) 602-0350.

List of Subjects in 48 CFR Part 209

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.


0
Therefore, 48 CFR Part 209 is amended as follows:
0
1. The authority citation for 48 CFR Part 209 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 209--CONTRACTOR QUALIFICATIONS


209.403  [Amended]

0
2. Section 209.403 is amended in the definition of ``Debarring and 
suspending official'', in paragraph (1), by removing ``National 
Security Agency--The

[[Page 14574]]

Director'' and adding in its place ``National Security Agency--The 
Senior Acquisition Executive''.

[FR Doc. 05-5633 Filed 3-22-05; 8:45 am]
BILLING CODE 5001-08-P
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