Defense Federal Acquisition Regulation Supplement; Contract Administration, 19043-19044 [05-7090]
Download as PDF
<![CDATA[
Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules
213.7001
[Removed]
213.7002 and 213.7003
[Redesignated]
7. Sections 213.7002 and 213.7003 are
redesignated as 213.7001 and 213.7002,
respectively.
8. Newly designated section 213.7002
is revised to read as follows:
213.7002
Purchase orders.
The contracting officer need not
obtain a contractor’s written acceptance
of a purchase order or modification of
a purchase order for an acquisition
under the 8(a) Program pursuant to
219.804–2(2).
213.7003–1 and 213.7003–2
[Removed]
9. Sections 213.7003–1 and 213.7003–
2 are removed.
PART 253—FORMS
10. Section 253.213 is revised to read
as follows:
253.213 Simplified acquisition procedures
(SF’s 18, 30, 44, 1165, 1449, and OF’s 336,
347, and 348).
(f) DoD uses the DD Form 1155, Order
for Supplies or Services, instead of OF
347; and OF 336, Continuation Sheet,
instead of OF 348. Follow the
procedures at PGI 253.213(f) for use of
forms.
11. Section 253.213–70 is revised to
read as follows:
253.213–70 Completion of DD Form 1155,
Order for Supplies or Services.
Follow the procedures at PGI
253.213–70 for completion of DD Form
1155.
[FR Doc. 05–7095 Filed 4–11–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 242 and 252
[DFARS Case 2003–D023]
Defense Federal Acquisition
Regulation Supplement; Contract
Administration
Department of Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text pertaining to contract
administration and audit services. This
proposed rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
SUMMARY:
VerDate jul<14>2003
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
13, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D023,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Defense Acquisition Regulations
Web site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2003–D023 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Debbie
Tronic, OUSD (AT&L) DPAP (DAR),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations Council,
Crystal Square 4, Suite 200A, 241 18th
Street, Arlington, VA 22202–3402.
All comments received will be posted
to https://emissary.acq.osd.mil/dar/
dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms.
Debbie Tronic, (703) 602–0289.
SUPPLEMENTARY INFORMATION:
DATES:
6. Section 213.7001 is removed.
16:24 Apr 11, 2005
Jkt 205001
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
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/
transf.htm.
This proposed rule is a result of the
DFARS Transformation initiative.
The proposed changes—
• Delete text that is unnecessary or
duplicative of FAR policy in the areas
of visits to contractor facilities; conduct
of postaward conferences; review and
negotiation of contractor costs and
billing rates; use of contractor past
performance information; and
contractor internal controls.
• Delete text on providing contract
administration services to foreign
PO 00000
Frm 00032
Fmt 4702
Sfmt 4702
19043
governments and international
organizations; coordination between
corporate and individual administrative
contracting officers; processing of
contractor novation and change-of-name
agreements; processing of voluntary
refunds from contractors; and providing
technical representatives at contractor
facilities. This text will be relocated to
the new DFARS companion resource,
Procedures, Guidance, and Information
(PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
• Update terminology at DFARS
242.202(a)(i)(D).
• Update the clause at DFARS
252.242–7004, Material Management
and Accounting Systems, for
consistency with the policy found at
DFARS 242.7203(d)(5) regarding
corrective action for a contractor’s
failure to make adequate progress in
correcting system deficiencies.
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 does not expect this rule to 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 the rule makes no significant
change to DoD contracting policy.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2003–D023.
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 242 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Parts 242 and 252 as follows:
1. The authority citation for 48 CFR
Parts 242 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
E:\FR\FM\12APP1.SGM
12APP1
19044
Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules
242.705–3, 242.801, and 242.1202
[Removed]
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
2. Section 242.002 is amended by
revising paragraph (S–70)(iii) to read as
follows:
9. Sections 242.705–3, 242.801, and
242.1202 are removed.
10. Section 242.1203 is revised to read
as follows:
242.002
242.1203
Interagency agreements.
*
*
*
*
*
(S–70) * * *
(iii) Other foreign governments
(including Canadian government
organizations other than SSC) and
international organizations send their
requests for contract administration
services to the DoD Central Control
Point (CCP) at the Headquarters,
Defense Contract Management Agency,
International and Federal Business
Team. Contract administration offices
provide services only upon request from
the CCP. The CCP shall follow the
procedures at PGI 242.002 (S–70)(iii).
3. Section 242.202 is amended by
revising paragraph (a)(i)(D) to read as
follows:
242.202 Assignment of contract
administration.
(a)(i) * * *
(D) Management and professional
support services;
*
*
*
*
*
242.503–2 Postaward conference
procedure.
DD Form 1484, Post-Award
Conference Record, may be used in
conducting the conference and in
preparing the conference report.
242.503–3, 242.570, and 242.704
[Removed]
6. Sections 242.503–3, 242.570, and
242.704 are removed.
7. Section 242.705–1 is revised to read
as follows:
242.705–1 Contracting officer
determination procedure.
(a) Applicability and responsibility.
(1) The corporate administrative
contracting officer (CACO) and
individual administrative contracting
officers (ACOs) shall jointly decide how
to conduct negotiations. Follow the
procedures at PGI 242.705–1(a)(1) when
negotiations are conducted on a
coordinated basis.
[Amended]
8. Section 242.705–2 is amended in
paragraph (b)(2)(iii) by removing the last
sentence.
16:24 Apr 11, 2005
Jkt 205001
Subpart 242.15—[Removed]
[Redesignated]
16. Sections 242.7502 and 242.7503
are redesignated as sections 242.7501
and 242.7502, respectively.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.242–7000
[Removed and Reserved]
17. Section 252.242–7000 is removed
and reserved.
18. Section 252.242–7004 is amended
by revising the clause date and adding
paragraph (d)(4) to read as follows:
11. Subpart 242.15 is removed.
12. Section 242.7100 is revised to read
as follows:
252.242–7004 Material Management and
Accounting System.
242.7100
MATERIAL MANAGEMENT AND
ACCOUNTING SYSTEM (XXX 2005)
General.
A voluntary refund is a payment or
credit (adjustment under one or more
contracts or subcontracts) to the
Government from a contractor or
subcontractor that is not required by any
contractual or other legal obligation.
Follow the procedures at PGI 242.7100
for voluntary refunds.
[Removed]
13. Sections 242.7101 and 242.7102
are removed.
14. Sections 242.7400 and 242.7401
are revised to read as follows:
4. Subpart 242.4 is removed.
5. Section 242.503–2 is revised to read
as follows:
VerDate jul<14>2003
The responsible contracting officer
shall process and execute novation and
change-of-name agreements in
accordance with the procedures at PGI
242.1203.
242.7101 and 242.7102
Subpart 242.4—[Removed]
242.705–2
Processing agreements.
242.7502 and 242.7503
242.7400
Procedures.
When the program, project, or system
manager determines that a technical
representative is required, follow the
procedures at PGI 242.7401.
242.7500 and 242.7501
[Removed]
15. Sections 242.7500 and 242.7501
are removed.
PO 00000
Frm 00033
Fmt 4702
*
*
*
*
*
*
*
*
*
(d) * * *
(4) If the contractor fails to make adequate
progress, the ACO must take further action.
The ACO may—
(i) Elevate the issue to higher level
management;
(ii) Further reduce progress payments and/
or disallow costs on vouchers;
(iii) Notify the contractor of the inadequacy
of the contractor’s cost estimating system
and/or cost accounting system; and
(iv) Issue cautions to contracting activities
regarding the award of future contracts.
*
*
*
*
*
[FR Doc. 05–7090 Filed 4–11–05; 8:45 am]
General.
(a) Program managers may conclude
that they need technical representation
in contractor facilities to perform noncontract administration service (CAS)
technical duties and to provide liaison,
guidance, and assistance on systems and
programs. In these cases, the program
manager may assign technical
representatives under the procedures in
242.7401.
(b) A technical representative is a
representative of a DoD program,
project, or system office performing
non-CAS technical duties at or near a
contractor facility. A technical
representative is not—
(1) A representative of a contract
administration or contract audit
component; or
(2) A contracting officer’s
representative (see 201.602).
242.7401
*
Sfmt 4702
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 244 and 252
[DFARS Case 2003–D025]
Defense Federal Acquisition
Regulation Supplement;
Subcontracting Policies and
Procedures
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text pertaining to subcontracts
awarded under DoD contracts. This
proposed rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
13, 2005, to be considered in the
formation of the final rule.
E:\FR\FM\12APP1.SGM
12APP1
]]>Agencies
[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19043-19044]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7090]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 242 and 252
[DFARS Case 2003-D023]
Defense Federal Acquisition Regulation Supplement; Contract
Administration
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text pertaining to contract
administration and audit services. This proposed rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 13, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D023,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for
submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2003-D023 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Debbie Tronic, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.
FOR FURTHER INFORMATION CONTACT: Ms. Debbie Tronic, (703) 602-0289.
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 efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/transf.htm.
This proposed rule is a result of the DFARS Transformation
initiative.
The proposed changes--
Delete text that is unnecessary or duplicative of FAR
policy in the areas of visits to contractor facilities; conduct of
postaward conferences; review and negotiation of contractor costs and
billing rates; use of contractor past performance information; and
contractor internal controls.
Delete text on providing contract administration services
to foreign governments and international organizations; coordination
between corporate and individual administrative contracting officers;
processing of contractor novation and change-of-name agreements;
processing of voluntary refunds from contractors; and providing
technical representatives at contractor facilities. This text will be
relocated to the new DFARS companion resource, Procedures, Guidance,
and Information (PGI), available at https://www.acq.osd.mil/dpap/dars/
pgi.
Update terminology at DFARS 242.202(a)(i)(D).
Update the clause at DFARS 252.242-7004, Material
Management and Accounting Systems, for consistency with the policy
found at DFARS 242.7203(d)(5) regarding corrective action for a
contractor's failure to make adequate progress in correcting system
deficiencies.
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 does not expect this rule to 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 the rule
makes no significant change to DoD contracting policy. Therefore, DoD
has not performed an initial regulatory flexibility analysis. DoD
invites comments from small businesses and other interested parties.
DoD also will consider comments from small entities concerning the
affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments
should be submitted separately and should cite DFARS Case 2003-D023.
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 242 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Parts 242 and 252 as
follows:
1. The authority citation for 48 CFR Parts 242 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 19044]]
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
2. Section 242.002 is amended by revising paragraph (S-70)(iii) to
read as follows:
242.002 Interagency agreements.
* * * * *
(S-70) * * *
(iii) Other foreign governments (including Canadian government
organizations other than SSC) and international organizations send
their requests for contract administration services to the DoD Central
Control Point (CCP) at the Headquarters, Defense Contract Management
Agency, International and Federal Business Team. Contract
administration offices provide services only upon request from the CCP.
The CCP shall follow the procedures at PGI 242.002 (S-70)(iii).
3. Section 242.202 is amended by revising paragraph (a)(i)(D) to
read as follows:
242.202 Assignment of contract administration.
(a)(i) * * *
(D) Management and professional support services;
* * * * *
Subpart 242.4--[Removed]
4. Subpart 242.4 is removed.
5. Section 242.503-2 is revised to read as follows:
242.503-2 Postaward conference procedure.
DD Form 1484, Post-Award Conference Record, may be used in
conducting the conference and in preparing the conference report.
242.503-3, 242.570, and 242.704 [Removed]
6. Sections 242.503-3, 242.570, and 242.704 are removed.
7. Section 242.705-1 is revised to read as follows:
242.705-1 Contracting officer determination procedure.
(a) Applicability and responsibility. (1) The corporate
administrative contracting officer (CACO) and individual administrative
contracting officers (ACOs) shall jointly decide how to conduct
negotiations. Follow the procedures at PGI 242.705-1(a)(1) when
negotiations are conducted on a coordinated basis.
242.705-2 [Amended]
8. Section 242.705-2 is amended in paragraph (b)(2)(iii) by
removing the last sentence.
242.705-3, 242.801, and 242.1202 [Removed]
9. Sections 242.705-3, 242.801, and 242.1202 are removed.
10. Section 242.1203 is revised to read as follows:
242.1203 Processing agreements.
The responsible contracting officer shall process and execute
novation and change-of-name agreements in accordance with the
procedures at PGI 242.1203.
Subpart 242.15--[Removed]
11. Subpart 242.15 is removed.
12. Section 242.7100 is revised to read as follows:
242.7100 General.
A voluntary refund is a payment or credit (adjustment under one or
more contracts or subcontracts) to the Government from a contractor or
subcontractor that is not required by any contractual or other legal
obligation. Follow the procedures at PGI 242.7100 for voluntary
refunds.
242.7101 and 242.7102 [Removed]
13. Sections 242.7101 and 242.7102 are removed.
14. Sections 242.7400 and 242.7401 are revised to read as follows:
242.7400 General.
(a) Program managers may conclude that they need technical
representation in contractor facilities to perform non-contract
administration service (CAS) technical duties and to provide liaison,
guidance, and assistance on systems and programs. In these cases, the
program manager may assign technical representatives under the
procedures in 242.7401.
(b) A technical representative is a representative of a DoD
program, project, or system office performing non-CAS technical duties
at or near a contractor facility. A technical representative is not--
(1) A representative of a contract administration or contract audit
component; or
(2) A contracting officer's representative (see 201.602).
242.7401 Procedures.
When the program, project, or system manager determines that a
technical representative is required, follow the procedures at PGI
242.7401.
242.7500 and 242.7501 [Removed]
15. Sections 242.7500 and 242.7501 are removed.
242.7502 and 242.7503 [Redesignated]
16. Sections 242.7502 and 242.7503 are redesignated as sections
242.7501 and 242.7502, respectively.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.242-7000 [Removed and Reserved]
17. Section 252.242-7000 is removed and reserved.
18. Section 252.242-7004 is amended by revising the clause date and
adding paragraph (d)(4) to read as follows:
252.242-7004 Material Management and Accounting System.
* * * * *
MATERIAL MANAGEMENT AND ACCOUNTING SYSTEM (XXX 2005)
* * * * *
(d) * * *
(4) If the contractor fails to make adequate progress, the ACO
must take further action. The ACO may--
(i) Elevate the issue to higher level management;
(ii) Further reduce progress payments and/or disallow costs on
vouchers;
(iii) Notify the contractor of the inadequacy of the
contractor's cost estimating system and/or cost accounting system;
and
(iv) Issue cautions to contracting activities regarding the
award of future contracts.
* * * * *
[FR Doc. 05-7090 Filed 4-11-05; 8:45 am]
BILLING CODE 5001-08-P
