Defense Federal Acquisition Regulation Supplement; Authorization for Continued Contracts, 23826-23827 [05-9006]
Download as PDF
23826
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
Energy Effects
List of Subjects in 33 CFR Part 165
We have analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, Marine safety, Navigation
(water), Security measures.
For the reasons discussed in the
preamble, the Coast Guard proposes to
amend 33 CFR part 165 as follows:
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This proposed rule does not use
technical standards. Therefore, we did
not consider the use of voluntary
consensus standards.
Environment
We have analyzed this proposed rule
under Commandant Instruction
M16475.lD, which guides the Coast
Guard in complying with the National
Environmental Policy Act of 1969
(NEPA)(42 U.S.C. 4321–4370f), and
have concluded that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34) (g) of the Instruction,
from further environmental
documentation.
Under figure 2–1, paragraph (34) (g),
of the Instruction, an ‘‘Environmental
Analysis Check List’’ is not required for
the rule. Comments on this section will
be considered before we make the final
decision on whether to categorically
exclude this rule from further
environmental review.
VerDate jul<14>2003
12:46 May 04, 2005
Jkt 205001
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
2. From 9:30 p.m. until 10:30 p.m. on
June 17, 2005, add temporary §165.T01–
035 to read as follows:
165.T01–035 Safety Zone; Legal Seafood
Fireworks Display Boston, Massachusetts.
(a) Location. The following area is a
safety zone:
All waters of Boston Harbor within a
400-yard radius of the fireworks barge
located at approximate position
42°21.280′ N, 071°2.123′ W.
(b) Effective date. This section is
effective from 9:30 p.m. until 10:30 p.m.
EDT on June 17, 2005.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into or movement within
this zone will be prohibited unless
authorized by the Captain of the Port
Boston.
(2) All vessel operators shall comply
with the instructions of the COTP or the
designated on-scene U.S. Coast Guard
patrol personnel. On-scene Coast Guard
patrol personnel include commissioned,
warrant, and petty officers of the Coast
Guard on board Coast Guard, Coast
Guard Auxiliary, local, state, and federal
law enforcement vessels.
Dated: April 24, 2005.
James L. McDonald,
Captain, U.S. Coast Guard, Captain of the
Port, Boston, Massachusetts.
[FR Doc. 05–8927 Filed 5–4–05; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF DEFENSE
48 CFR Part 204
[DFARS Case 2003–D052]
Defense Federal Acquisition
Regulation Supplement; Authorization
for Continued Contracts
Department of Defense (DoD).
Proposed rule with request for
comments.
AGENCY:
ACTION:
PO 00000
Frm 00018
Fmt 4702
Sfmt 4702
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
policy permitting assignment of an
additional identification number to an
existing contract for administrative
purposes. 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 July
5, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D052,
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-D052 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, 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
E:\FR\FM\05MYP1.SGM
05MYP1
Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / Proposed Rules
proposed DFARS changes permit DoD
contracting activities to assign an
additional identification number to an
existing contract by issuing a separate
‘‘continued’’ contract, when continued
performance under the existing contract
number is not practical for
administrative reasons. The continued
contract would incorporate all prices,
terms, and conditions of the predecessor
contract. Use of this procedure is
expected to be limited, but will help to
simplify administration, payment, and
closeout of lengthy, complex contracts;
and will help in situations where a
contracting activity has exhausted its
assigned series of identification
numbers for orders placed against
another activity’s contract.
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 proposed change is
administrative. A continued contract
does not constitute a new procurement
and will incorporate all prices, terms,
and conditions of the predecessor
contract. 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 subpart
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2003–D052.
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 Part 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Part 204 as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 204.7001 is revised to read
as follows:
204.7001
Policy.
(a) Use the uniform PII numbering
system prescribed by this subpart for the
solicitation/contract instruments
described in 204.7003 and 204.7004.
(b) Retain the basic PII number
unchanged for the life of the instrument
unless the conditions in paragraph (c) of
this section exist.
(c)(1) If continued performance under
a contract number is not possible or is
not in the Government’s best interest
solely for administrative reasons (e.g.,
when the supplementary PII serial
numbering system is exhausted or for
lengthy major systems contracts with
multiple options), the contracting officer
may assign an additional PII number by
issuing a separate continued contract to
permit continued contract performance.
(2) A continued contract—
(i) Does not constitute a new
procurement;
(ii) Incorporates all prices, terms, and
conditions of the predecessor contract
effective at the time of issuance of the
continued contract;
(iii) Operates as a separate contract
independent of the predecessor contract
once issued; and
(iv) Shall not evade competition,
expand the scope of work, or extend the
period of performance beyond that of
the predecessor contract.
(3) When issuing a continued
contract, the contracting officer shall—
(i) Issue an administrative
modification to the predecessor contract
to clearly state that—
(A) Any future awards provided for
under the terms of the predecessor
contract (e.g., issuance of orders or
exercise of options) will be
accomplished under the continued
contract; and
(B) Supplies and services already
acquired under the predecessor contract
shall remain solely under that contract
for purposes of Government inspection,
acceptance, payment, and closeout; and
(ii) Follow the procedures at PGI
204.7001(c).
[FR Doc. 05–9006 Filed 5–4–05; 8:45 am]
PART 204—ADMINISTRATIVE
MATTERS
BILLING CODE 5001–08–P
1. The authority citation for 48 CFR
Part 204 continues to read as follows:
VerDate jul<14>2003
12:46 May 04, 2005
Jkt 205001
PO 00000
Frm 00019
Fmt 4702
Sfmt 4702
23827
DEPARTMENT OF DEFENSE
48 CFR Part 232
[DFARS Case 2003–D043]
Defense Federal Acquisition
Regulation Supplement; Contract
Financing
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 contract
financing. 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 July
5, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D043,
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-D043 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Mr. Bill Sain,
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:
Mr.
Bill Sain, (703) 602–0293.
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, DoDwide policies, delegations of FAR
authorities, deviations from FAR
E:\FR\FM\05MYP1.SGM
05MYP1
Agencies
[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Proposed Rules]
[Pages 23826-23827]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-9006]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 204
[DFARS Case 2003-D052]
Defense Federal Acquisition Regulation Supplement; Authorization
for Continued Contracts
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 add policy permitting assignment of an
additional identification number to an existing contract for
administrative purposes. 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 July 5, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D052,
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-D052 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
[[Page 23827]]
proposed DFARS changes permit DoD contracting activities to assign an
additional identification number to an existing contract by issuing a
separate ``continued'' contract, when continued performance under the
existing contract number is not practical for administrative reasons.
The continued contract would incorporate all prices, terms, and
conditions of the predecessor contract. Use of this procedure is
expected to be limited, but will help to simplify administration,
payment, and closeout of lengthy, complex contracts; and will help in
situations where a contracting activity has exhausted its assigned
series of identification numbers for orders placed against another
activity's contract.
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 proposed
change is administrative. A continued contract does not constitute a
new procurement and will incorporate all prices, terms, and conditions
of the predecessor contract. 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 subpart in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2003-D052.
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 Part 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Part 204 as follows:
PART 204--ADMINISTRATIVE MATTERS
1. The authority citation for 48 CFR Part 204 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 204.7001 is revised to read as follows:
204.7001 Policy.
(a) Use the uniform PII numbering system prescribed by this subpart
for the solicitation/contract instruments described in 204.7003 and
204.7004.
(b) Retain the basic PII number unchanged for the life of the
instrument unless the conditions in paragraph (c) of this section
exist.
(c)(1) If continued performance under a contract number is not
possible or is not in the Government's best interest solely for
administrative reasons (e.g., when the supplementary PII serial
numbering system is exhausted or for lengthy major systems contracts
with multiple options), the contracting officer may assign an
additional PII number by issuing a separate continued contract to
permit continued contract performance.
(2) A continued contract--
(i) Does not constitute a new procurement;
(ii) Incorporates all prices, terms, and conditions of the
predecessor contract effective at the time of issuance of the continued
contract;
(iii) Operates as a separate contract independent of the
predecessor contract once issued; and
(iv) Shall not evade competition, expand the scope of work, or
extend the period of performance beyond that of the predecessor
contract.
(3) When issuing a continued contract, the contracting officer
shall--
(i) Issue an administrative modification to the predecessor
contract to clearly state that--
(A) Any future awards provided for under the terms of the
predecessor contract (e.g., issuance of orders or exercise of options)
will be accomplished under the continued contract; and
(B) Supplies and services already acquired under the predecessor
contract shall remain solely under that contract for purposes of
Government inspection, acceptance, payment, and closeout; and
(ii) Follow the procedures at PGI 204.7001(c).
[FR Doc. 05-9006 Filed 5-4-05; 8:45 am]
BILLING CODE 5001-08-P