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: http:// www.regulations.gov. Follow the instructions for submitting comments. • Defense Acquisition Regulations Web site: http://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 http://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 http://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: http:// www.regulations.gov. Follow the instructions for submitting comments. • Defense Acquisition Regulations Web Site: http://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 http://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]


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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.

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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: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://
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 http://
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 
http://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