Defense Federal Acquisition Regulation Supplement; Contractor Insurance/Pension Reviews, 35606-35607 [05-12097]
Download as PDF
<![CDATA[
35606
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
redesignating paragraph (5) as paragraph
(4).
3. Section 236.201 is amended by
revising paragraph (c) to read as follows:
236.201 Evaluation of contractor
performance.
*
*
*
*
*
(c) Follow the procedures at PGI
236.201(c) for distribution and use of
performance reports.
4. Section 236.203 is revised to read
as follows:
236.203 Government estimate of
construction costs.
Follow the procedures at PGI 236.203
for handling the Government estimate of
construction costs.
5. Section 236.213 is revised to read
as follows:
236.213 Special procedures for sealed
bidding in construction contracting.
If it appears that sufficient funds may
not be available for all the desired
construction features, consider using a
bid schedule with additive or deductive
items in accordance with PGI 236.213.
236.213–70 and 236.273
[Removed]
6. Sections 236.213–70 and 236.273
are removed.
236.274
[Redesignated]
7. Section 236.274 is redesignated as
section 236.273.
8. Newly designated section 236.273
is amended by revising paragraph (b) to
read as follows:
236.273
Construction in foreign countries.
*
*
*
*
*
(b) See PGI 236.273(b) for guidance on
technical working agreements with
foreign governments.
[FR Doc. 05–12096 Filed 6–20–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 242
[DFARS Case 2003–D050]
Defense Federal Acquisition
Regulation Supplement; Contractor
Insurance/Pension Reviews
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 on Government review of
contractor insurance programs, pension
plans, and other deferred compensation
plans. This proposed rule is a result of
VerDate jul<14>2003
21:56 Jun 20, 2005
Jkt 205001
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
August 22, 2005, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D050,
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–D050 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations Council, Attn: Ms. Amy
Williams, 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.
Amy Williams, (703) 602–0328.
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
proposed DFARS changes—
• Update and clarify requirements
and responsibilities for Government
review of a contractor’s insurance
programs, pension plans, and other
deferred compensation plans; and
• Delete text addressing procedural
matters relating to these reviews. This
PO 00000
Frm 00045
Fmt 4702
Sfmt 4702
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.
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 contractor insurance/pension
review requirements apply primarily to
large business concerns. 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–D050.
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 242
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Part 242 as follows:
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
1. The authority citation for 48 CFR
Part 242 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
242.7300
[Removed]
2. Section 242.7300 is removed.
3. Sections 242.7301 through
242.7303 are revised to read as follows:
242.7301
General.
(a) The administrative contracting
officer (ACO) is responsible for
determining the allowability of
insurance/pension costs in Government
contracts and for determining the need
for a Contractor/Insurance Pension
Review (CIPR). Defense Contract
Management Agency (DCMA)
E:\FR\FM\21JNP1.SGM
21JNP1
Federal Register / Vol. 70, No. 118 / Tuesday, June 21, 2005 / Proposed Rules
insurance/pension specialists and
Defense Contract Audit Agency (DCAA)
auditors assist ACOs in making these
determinations, conduct CIPRs when
needed, and perform other routine
audits as authorized under FAR 42.705
and 52.215–2. A CIPR is a DCMA/DCAA
joint review that—
(1) Provides an in-depth evaluation of
a contractor’s—
(i) Insurance programs;
(ii) Pension plans;
(iii) Other deferred compensation
plans; and
(iv) Related policies, procedures,
practices, and costs; or
(2) Concentrates on specific areas of
the contractor’s insurance programs,
pension plans, or other deferred
compensation plans.
(b) DCMA is the DoD Executive
Agency for the performance of all CIPRs.
(c) DCAA is the DoD agency
designated for the performance of
contract audit responsibilities related to
Cost Accounting Standards
administration as described in FAR
Subparts 30.2 and 30.6 as they relate to
a contractor’s insurance program,
pension plans, and other deferred
compensation plans.
242.7302
Requirements.
Follow the procedures at PGI
242.7302 to determine if a CIPR is
needed.
242.7303
Responsibilities.
Follow the procedures at PGI
242.7303 when conducting a CIPR.
[FR Doc. 05–12097 Filed 6–20–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
Endangered and Threatened Wildlife
and Plants: 90-Day Finding on a
Petition To List the California Spotted
Owl as Threatened or Endangered
Fish and Wildlife Service,
Interior.
ACTION: Notice of 90-day petition
finding and initiation of status review.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), announce a
90-day finding on a petition to list the
California spotted owl (Strix
occidentalis occidentalis) as threatened
or endangered, under the Endangered
Species Act (Act) of 1973, as amended
(16 U.S.C. 1531 et seq.). We find that the
petition presents substantial scientific
SUMMARY:
VerDate jul<14>2003
21:56 Jun 20, 2005
Jkt 205001
or commercial information indicating
that listing the species may be
warranted. Therefore, we are initiating a
status review of the species to determine
if listing the species is warranted. To
ensure that the review is
comprehensive, we are soliciting
scientific and commercial information
regarding this species.
DATES: The finding announced in this
document was made on June 21, 2005.
To be considered in the 12-month
finding for this petition, comments and
information must be submitted to the
Service by August 22, 2005.
ADDRESSES: Submit new information,
materials, comments, or questions
concerning this species to Field
Supervisor, Sacramento Fish and
Wildlife Office, U.S. Fish and Wildlife
Service, 2800 Cottage Way, Room W–
2605, Sacramento, California 95825, or
by facsimile to 916–414–6710. See also
the ‘‘Public Information Solicited’’
section for more information on
submitting comments. The complete file
for this finding is available for public
inspection, by appointment, during
normal business hours at the above
address.
FOR FURTHER INFORMATION CONTACT:
Arnold Roessler at the Sacramento Fish
and Wildlife Office (see ADDRESSES
section above), or at (916) 414–6600.
SUPPLEMENTARY INFORMATION:
Public Information Solicited
When we make a finding that
substantial information is presented to
indicate that listing a species may be
warranted, we are required to promptly
commence a review of the status of the
species. Based on results of the status
review, we will make a 12-month
finding as required by section 4(b)(3)(B)
of the Act. To ensure that the status
review is complete and based on the
best available scientific and commercial
data, we are soliciting information on
the California spotted owl. We request
any additional data, comments, and
suggestions from the public, other
concerned governmental agencies,
Native American Tribes, the scientific
community, industry, or any other
interested parties concerning the status
of the California spotted owl. Of
particular interest is information
pertaining to the factors the Service uses
to determine if a species is threatened
or endangered: (1) Present or threatened
destruction, modification, or
curtailment of its habitat or range; (2)
overutilization for commercial,
recreational, scientific, or educational
purposes; (3) disease or predation; (4)
inadequacy of existing regulatory
mechanisms; and (5) other natural or
PO 00000
Frm 00046
Fmt 4702
Sfmt 4702
35607
human-caused factors affecting its
continued existence. In addition, we
request data and information regarding
the changes identified in the ‘‘Summary
of Threats Analysis’’ section. Finally, if
we determine that listing the owl is
warranted, it is our intent to propose
critical habitat to the maximum extent
prudent and determinable at the time
we would propose to list the species.
Therefore, we request data and
information on what may constitute
physical or biological features essential
to the conservation of the species, where
these features are currently found and
whether any of these areas are in need
of special management, and whether
there are areas not containing these
features which might of themselves be
essential to the conservation of the
species. Please provide specific
comments as to what, if any critical
habitat should be proposed for
designation, if the species is proposed
for listing and why that proposed
habitat meets the requirements of the
Act.
If you wish to comment, you may
submit your comments and materials
concerning this finding to the Field
Supervisor, Sacramento Fish and
Wildlife Office (see ADDRESSES section).
Our practice is to make comments,
including names and home addresses of
respondents, available for public review
during regular business hours.
Respondents may request that we
withhold their home address, which we
will honor to the extent allowable by
law. There also may be circumstances in
which we would withhold a
respondent’s identity, as allowable by
law. If you wish us to withhold your
name and/or address, you must state
this request prominently at the
beginning of your comment. We will not
consider anonymous comments. To the
extent consistent with applicable law,
we will make all submissions from
organizations or businesses, and from
individuals identifying themselves as
representatives or officials of
organizations or businesses, available
for public inspection in their entirety.
Comments and materials received will
be available for public inspection, by
appointment, during normal business
hours at the above address.
Background
Section 4(b)(3)(A) of the Act requires
that the Service make a finding on
whether a petition to list, delist, or
reclassify a species presents substantial
scientific or commercial information
indicating that the petitioned action
may be warranted. This finding is based
on information contained in the
petition, supporting information
E:\FR\FM\21JNP1.SGM
21JNP1
]]>Agencies
[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35606-35607]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-12097]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 242
[DFARS Case 2003-D050]
Defense Federal Acquisition Regulation Supplement; Contractor
Insurance/Pension Reviews
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 on Government review of
contractor insurance programs, pension plans, and other deferred
compensation plans. 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 August 22, 2005, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D050,
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-D050 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations Council, Attn: Ms.
Amy Williams, 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. Amy Williams, (703) 602-0328.
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 DFARS changes--
Update and clarify requirements and responsibilities for
Government review of a contractor's insurance programs, pension plans,
and other deferred compensation plans; and
Delete text addressing procedural matters relating to
these reviews. 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.
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 contractor
insurance/pension review requirements apply primarily to large business
concerns. 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-D050.
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 242
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Part 242 as follows:
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
1. The authority citation for 48 CFR Part 242 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
242.7300 [Removed]
2. Section 242.7300 is removed.
3. Sections 242.7301 through 242.7303 are revised to read as
follows:
242.7301 General.
(a) The administrative contracting officer (ACO) is responsible for
determining the allowability of insurance/pension costs in Government
contracts and for determining the need for a Contractor/Insurance
Pension Review (CIPR). Defense Contract Management Agency (DCMA)
[[Page 35607]]
insurance/pension specialists and Defense Contract Audit Agency (DCAA)
auditors assist ACOs in making these determinations, conduct CIPRs when
needed, and perform other routine audits as authorized under FAR 42.705
and 52.215-2. A CIPR is a DCMA/DCAA joint review that--
(1) Provides an in-depth evaluation of a contractor's--
(i) Insurance programs;
(ii) Pension plans;
(iii) Other deferred compensation plans; and
(iv) Related policies, procedures, practices, and costs; or
(2) Concentrates on specific areas of the contractor's insurance
programs, pension plans, or other deferred compensation plans.
(b) DCMA is the DoD Executive Agency for the performance of all
CIPRs.
(c) DCAA is the DoD agency designated for the performance of
contract audit responsibilities related to Cost Accounting Standards
administration as described in FAR Subparts 30.2 and 30.6 as they
relate to a contractor's insurance program, pension plans, and other
deferred compensation plans.
242.7302 Requirements.
Follow the procedures at PGI 242.7302 to determine if a CIPR is
needed.
242.7303 Responsibilities.
Follow the procedures at PGI 242.7303 when conducting a CIPR.
[FR Doc. 05-12097 Filed 6-20-05; 8:45 am]
BILLING CODE 5001-08-P
