Defense Federal Acquisition Regulation Supplement; Simplified Acquisition Procedures, 19042-19043 [05-7095]

Download as PDF 19042 Federal Register / Vol. 70, No. 69 / Tuesday, April 12, 2005 / Proposed Rules (c) An authorized official renders the agency’s or activity’s purchase card program inactive; or * * * * * [FR Doc. 05–7094 Filed 4–11–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Parts 213 and 253 [DFARS Case 2003–D075] Defense Federal Acquisition Regulation Supplement; Simplified Acquisition 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 addressing the use of simplified acquisition procedures. 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–D075, 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–D075 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Robin Schulze, 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. Robin Schulze, (703) 602–0326. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change VerDate jul<14>2003 16:24 Apr 11, 2005 Jkt 205001 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— • Update and consolidate text on the use of imprest funds and third-party drafts at DFARS 213.305; • Delete unnecessary cross-references at DFARS 213.7001 and 213.7003–2; and • Delete guidance on the use of unilateral contract modifications at DFARS 213.302–3, and delete procedures for use of forms at DFARS 213.307, 253.213, and 253.213–70. This text will be relocated to the new DFARS companion resource, Procedures, Guidance, and Information, available at https://www.acq.osd.mil/dpap/dars/pgi. 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–D075. 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. PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 List of Subjects in 48 CFR Parts 213 and 253 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR Parts 213 and 253 as follows: 1. The authority citation for 48 CFR Parts 213 and 253 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 213—SIMPLIFIED ACQUISITION PROCEDURES 2. Section 213.302–3 is amended by revising paragraph (2) to read as follows: 213.302–3 Obtaining contractor acceptance and modifying purchase orders. * * * * * (2) See PGI 213.302–3 for guidance on the use of unilateral modifications. * * * * * 213.305–1 [Removed] 3. Section 213.305–1 is removed. 4. Section 213.305–3 is revised to read as follows: 213.305–3 Conditions for use. (d)(i) On a very limited basis, installation commanders and commanders of other activities with contracting authority may be granted authority to establish imprest funds and third party draft (accommodation check) accounts. Use of imprest funds and third party drafts must comply with— (A) DoD 7000.14–R, DoD Financial Management Regulation, Volume 5, Disbursing Policy and Procedures; and (B) The Treasury Financial Manual, Volume I, Part 4, Chapter 3000. (ii) Use of imprest funds requires approval by the Director for Financial Commerce, Office of the Deputy Chief Financial Officer, Office of the Under Secretary of Defense (Comptroller), except as provided in paragraph (d)(iii) of this subsection. (iii) Imprest funds are authorized for use without further approval for— (A) Overseas transactions at or below the micro-purchase threshold in support of a contingency operation as defined in 10 U.S.C. 101(a)(13) or a humanitarian or peacekeeping operation as defined in 10 U.S.C. 2302(7); and (B) Classified transactions. 5. Section 213.307 is revised to read as follows: 213.307 Forms. See PGI 213.307 for procedures on use of forms for purchases made using simplified acquisition procedures. E:\FR\FM\12APP1.SGM 12APP1 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

Agencies

DEPARTMENT OF DEFENSE

[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19042-19043]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7095]


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DEPARTMENT OF DEFENSE

48 CFR Parts 213 and 253

[DFARS Case 2003-D075]


Defense Federal Acquisition Regulation Supplement; Simplified 
Acquisition Procedures

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 addressing the use of 
simplified acquisition procedures. 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-D075, 
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-D075 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Robin Schulze, 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. Robin Schulze, (703) 602-0326.

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--
     Update and consolidate text on the use of imprest funds 
and third-party drafts at DFARS 213.305;
     Delete unnecessary cross-references at DFARS 213.7001 and 
213.7003-2; and
     Delete guidance on the use of unilateral contract 
modifications at DFARS 213.302-3, and delete procedures for use of 
forms at DFARS 213.307, 253.213, and 253.213-70. This text will be 
relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information, available at https://www.acq.osd.mil/dpap/dars/pgi.
    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-D075.

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 213 and 253

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Parts 213 and 253 as 
follows:
    1. The authority citation for 48 CFR Parts 213 and 253 continues to 
read as follows:

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

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

    2. Section 213.302-3 is amended by revising paragraph (2) to read 
as follows:


213.302-3  Obtaining contractor acceptance and modifying purchase 
orders.

* * * * *
    (2) See PGI 213.302-3 for guidance on the use of unilateral 
modifications.
* * * * *


213.305-1  [Removed]

    3. Section 213.305-1 is removed.
    4. Section 213.305-3 is revised to read as follows:


213.305-3  Conditions for use.

    (d)(i) On a very limited basis, installation commanders and 
commanders of other activities with contracting authority may be 
granted authority to establish imprest funds and third party draft 
(accommodation check) accounts. Use of imprest funds and third party 
drafts must comply with--
    (A) DoD 7000.14-R, DoD Financial Management Regulation, Volume 5, 
Disbursing Policy and Procedures; and
    (B) The Treasury Financial Manual, Volume I, Part 4, Chapter 3000.
    (ii) Use of imprest funds requires approval by the Director for 
Financial Commerce, Office of the Deputy Chief Financial Officer, 
Office of the Under Secretary of Defense (Comptroller), except as 
provided in paragraph (d)(iii) of this subsection.
    (iii) Imprest funds are authorized for use without further approval 
for--
    (A) Overseas transactions at or below the micro-purchase threshold 
in support of a contingency operation as defined in 10 U.S.C. 
101(a)(13) or a humanitarian or peacekeeping operation as defined in 10 
U.S.C. 2302(7); and
    (B) Classified transactions.
    5. Section 213.307 is revised to read as follows:


213.307  Forms.

    See PGI 213.307 for procedures on use of forms for purchases made 
using simplified acquisition procedures.

[[Page 19043]]

213.7001  [Removed]

    6. Section 213.7001 is 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

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