Defense Federal Acquisition Regulation Supplement; Special Contracting Methods, 54695-54697 [05-18472]
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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules
216.203–4
Contract clauses.
216.405–2
(1) Generally, use the clauses at FAR
52.216–2, Economic Price Adjustment—
Standard Supplies, FAR 52.216–3,
Economic Price Adjustment—
Semistandard Supplies, and FAR
52.216–4, Economic Price Adjustment—
Labor and Material, only when—
(i) The total contract price exceeds the
simplified acquisition threshold; and
(ii) Delivery or performance will not
be completed within 6 months after
contract award.
(2) Follow the procedures at PGI
216.203–4 when using an economic
price adjustment clause based on cost
indexes of labor or material.
5. Section 216.306 is amended by
revising paragraph (c)(ii) to read as
follows:
216.306
Cost-plus-fixed-fee contracts.
(c) * * *
(ii) The prohibition in paragraph (c)(i)
of this section does not apply to
contracts specifically approved in
writing, setting forth the reasons
therefor, in accordance with the
following:
(A) The Secretaries of the military
departments are authorized to approve
such contracts that are for
environmental work only, provided the
environmental work is not classified as
construction, as defined by 10 U.S.C.
2801.
(B) The Secretary of Defense or
designee must approve such contracts
that are not for environmental work
only or are for environmental work
classified as construction.
6. Sections 216.402–2 through
216.403–2 are revised to read as follows:
216.402–2 Technical performance
incentives.
See PGI 216.402–2 for guidance on
establishing performance incentives.
216.403
Fixed-price incentive contracts.
216.403–2 Fixed-price incentive
(successive targets) contracts.
See PGI 216.403–2 for guidance on
the use of fixed-price incentive
(successive targets) contracts.
216.404
[Removed]
7. Section 216.404 is removed.
8. Section 216.405–1 is revised to read
as follows:
216.405–1 Cost-plus-incentive-fee
contracts.
See PGI 216.405–1 for guidance on
the use of cost-plus-incentive-fee
contracts.
9. Section 216.405–2 is revised to read
as follows:
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18:38 Sep 15, 2005
Jkt 205001
Cost-plus-award-fee contracts.
(b) Application. The cost-plus-awardfee (CPAF) contract may include
provisional award fee payments. A
provisional award fee payment is a
payment made within an evaluation
period prior to a final evaluation for that
period. The contracting officer may
include provisional award fee payments
in a CPAF contract on a case-by-case
basis, provided those payments—
(i) Are made no more frequently than
monthly;
(ii) Are limited to no more than—
(A) For the initial award fee
evaluation period, 50 percent of the
award fee available for that period; and
(B) For subsequent award fee
evaluation periods, 80 percent of the
evaluation score for the prior evaluation
period times the award fee available for
the current period, e.g., if the contractor
received 90 percent of the award fee
available for the prior evaluation period,
provisional payments for the current
period shall not exceed 72 percent (90
percent × 80 percent) of the award fee
available for the current period;
(iii) Are superceded by an interim or
final award fee evaluation for the
applicable evaluation period. If
provisional payments have exceeded the
payment determined by the evaluation
score for the applicable period, the
contracting officer shall collect the debt
in accordance with FAR 32.606; and
(iv) May be discontinued, or reduced
in such amounts deemed appropriate by
the contracting officer, when the
contracting officer determines that the
contractor will not achieve a level of
performance commensurate with the
provisional payment. The contracting
officer shall notify the contractor in
writing of any discontinuance or
reduction in provisional award fee
payments.
(c) Limitations.
(i) The CPAF contract shall not be
used—
(A) To avoid—
(1) Establishing cost-plus-fixed-fee
contracts when the criteria for cost-plusfixed-fee contracts apply; or
(2) Developing objective targets so a
cost-plus-incentive-fee contract can be
used; or
(B) For either engineering
development or operational system
development acquisitions that have
specifications suitable for simultaneous
research and development and
production, except a CPAF contract may
be used for individual engineering
development or operational system
development acquisitions ancillary to
the development of a major weapon
system or equipment, where—
(1) It is more advantageous; and
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Fmt 4702
Sfmt 4702
54695
(2) The purpose of the acquisition is
clearly to determine or solve specific
problems associated with the major
weapon system or equipment.
(ii) Do not apply the weighted
guidelines method to CPAF contracts for
either the base (fixed) fee or the award
fee.
(iii) The base fee shall not exceed 3
percent of the estimated cost of the
contract exclusive of the fee.
(S–70) See PGI 216.405–2 for
guidance on the use of CPAF contracts.
10. Section 216.470 is revised to read
as follows:
216.470
Other applications of award fees.
See PGI 216.470 for guidance on other
applications of award fees.
11. Section 216.703 is revised to read
as follows:
216.703
Basic ordering agreements.
(c) Limitations. The period during
which orders may be placed against a
basic ordering agreement may not
exceed 5 years.
(d) Orders. Follow the procedures at
PGI 216.703(d) for issuing orders under
basic ordering agreements.
[FR Doc. 05–18473 Filed 9–15–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 217 and 252
[DFARS Case 2003–D079]
Defense Federal Acquisition
Regulation Supplement; Special
Contracting Methods
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 the use of special
contracting methods. 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
November 15, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D079,
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/
E:\FR\FM\16SEP1.SGM
16SEP1
54696
Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2003–D079 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/dars/
dfars/transformation/index.htm.
This proposed rule is a result of the
DFARS Transformation initiative. The
proposed DFARS changes—
• Clarify text on the use of option
clauses for industrial capability
production planning;
• Delete unnecessary text on
determinations for interagency
acquisitions under the Economy Act;
• Delete restrictive requirements
relating to the use of master agreements
for vessel repair;
• Delete obsolete procedures for
acquisition of bakery and dairy
products;
• Lower the level for approval of
profit on undefinitized contract actions
for which substantial performance has
been completed; and
• Delete guidance on the use of
options; and procedures for preparation
of master agreements and job orders, for
breakout and acquisition of spare parts,
and for acquisition of work over and
above contract requirements. Text on
VerDate Aug<31>2005
18:38 Sep 15, 2005
Jkt 205001
these subjects will be relocated to the
new DFARS companion resource,
Procedures, Guidance, and Information
(PGI). Additional information on PGI is
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 updates, streamlines,
and clarifies DFARS requirements, but
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–D079.
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 217 and
252
4. Section 217.208–70 is amended by
revising paragraph (b) introductory text
and paragraph (b)(1) to read as follows:
217.208–70
*
*
*
*
(b) When a surge option is needed in
support of industrial capability
production planning, use the clause at
252.217–7001, Surge Option, in
solicitations and contracts.
(1) Insert the percentage of increase
the option represents in paragraph (a) of
the clause to ensure adequate quantities
are available to meet item requirements.
*
*
*
*
*
217.503
217.7103
orders.
Therefore, DoD proposes to amend 48
CFR Parts 217 and 252 as follows:
1. The authority citation for 48 CFR
Parts 217 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 217—SPECIAL CONTRACTING
METHODS
2. Section 217.202 is revised to read
as follows:
Use of options.
See PGI 217.202 for guidance on the
use of options.
[Amended]
3. Section 217.208 is amended in the
first sentence by revising the
parenthetical to read ‘‘(10 U.S.C.
2305(a)(5))’’.
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Fmt 4702
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Master agreements and job
217.7103–1 Content and format of master
agreements.
Follow the procedures at PGI
217.7103–1 for preparation of master
agreements.
7. Section 217.7103–3 is amended by
revising paragraph (b) and removing
paragraphs (c) through (f). The revised
text reads as follows:
217.7103–3
Solicitations for job orders.
*
*
*
*
*
(b) Follow the procedures at PGI
217.7103–3 when preparing
solicitations for job orders.
217.7103–4
[Removed]
8. Section 217.7103–4 is removed.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
217.208
[Removed]
5. Section 217.503 is removed.
6. Sections 217.7103 and 217.7103–1
are revised to read as follows:
Government procurement.
217.202
Additional clauses.
*
217.7103–5 through 217.7103–7
[Redesignated]
9. Sections 217.7103–5 through
217.7103–7 are redesignated as sections
217.7103–4 through 217.7103–6,
respectively.
10. Newly designated section
217.7103–4 is amended by revising
paragraph (b) and removing paragraph
(c). The revised text reads as follows:
217.7103–4
Emergency work.
*
*
*
*
*
(b) Follow the procedures at PGI
217.7103–4 when processing this type
of undefinitized contract action.
11. Newly designated section
217.7103–5 is revised to read as follows:
217.7103–5 Repair costs not readily
ascertainable.
Follow the procedures at PGI
217.7103–5 if the nature of any repairs
is such that their extent and probable
cost cannot be ascertained readily.
E:\FR\FM\16SEP1.SGM
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Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules
Subpart 217.72
Reserved]
22. Section 217.7506 is added to read
as follows:
[Removed and
12. Subpart 217.72 is removed and
reserved.
13. Section 217.7404–5 is amended by
revising paragraphs (b)(1) and (2) to read
as follows:
217.7404–5
Exceptions.
*
*
*
*
*
(b) * * *
(1) A contingency operation; or
(2) A humanitarian or peacekeeping
operation.
217.7404–6
217.7601
[Amended]
[Removed]
[Redesignated]
18. Sections 217.7501 through
217.7504 are redesignated as sections
217.7502 through 217.7505,
respectively.
19. A new section 217.7501 is added
to read as follows:
217.7501
Definition.
Replenishment parts, as used in this
subpart, means repairable or
consumable parts acquired after the
initial provisioning process.
217.7502
Provisioning.
(a) Follow the procedures at PGI
217.7601 for contracts with provisioning
requirements.
(b) For technical requirements of
provisioning, see DoD 4140.1–R, DoD
Supply Chain Materiel Management
Regulation, Chapter 2, Section C2.2.
[Amended]
20. Newly designated section
217.7502 is amended as follows:
a. In paragraph (b)(1) by removing
‘‘217.7503’’ and adding in its place ‘‘PGI
217.7504’’; and
b. In paragraph (c) by removing
‘‘217.7504’’ and adding in its place
‘‘217.7505’’.
21. Newly designated sections
217.7503 and 217.7504 are revised to
read as follows:
[Removed]
26. Section 217.7700 is removed.
27. Section 217.7701 is revised to read
as follows:
217.7701
Procedures.
Follow the procedures at PGI
217.7701 when acquiring over and
above work.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.217–7004
252.217–7017 through 252.217–7025
[Removed and Reserved]
29. Sections 252.217–7017 through
252.217–7025 are removed and
reserved.
217.7504 Acquisition of parts when data is
not available.
VerDate Aug<31>2005
18:38 Sep 15, 2005
Jkt 205001
Appendix E to Chapter 2
Reserved]
[Removed and
31. Appendix E to Chapter 2 is
removed and reserved.
[FR Doc. 05–18472 Filed 9–15–05; 8:45 am]
BILLING CODE 5001–08–P
PO 00000
Frm 00040
Fmt 4702
48 CFR Part 239
[DFARS Case 2003–D094]
Defense Federal Acquisition
Regulation Supplement; Exchange or
Sale of Government-Owned
Information Technology
Department of Defense (DoD).
Proposed rule with request for
comments.
Sfmt 4702
ACTION:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
delete obsolete procedures for the
exchange or sale of Government-owned
information technology. 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
November 15, 2005, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D094,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ Defense Acquisition Regulations
Web site: https://emissary.acq.osd.mil/
dar/dfars.nsf/pubcomm. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2003–D094 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations Council, Attn: Ms. Gabrielle
Ward, OUSD(AT&L)DPAP(DAR), IMD
3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ 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:
[Amended]
30. Section 252.217–7027 is amended
in the introductory text by removing
‘‘217.7406’’ and adding in its place
217.7405’’.
Follow the procedures at PGI
217.7503 for acquiring spare parts
concurrently with the end item.
Follow the procedures at PGI
217.7504 when acquiring parts for
which the Government does not have
the necessary data.
[Amended]
28. Section 252.217–7004 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2005)’’; and
b. In paragraph (a), in the first
sentence, by removing ‘‘in accordance
with FAR part 14 or 15, as applicable’’.
252.217–7027
217.7503 Spares acquisition integrated
with production.
[Removed]
25. Sections 217.7602 through
217.7603–3 are removed.
217.7700
DEPARTMENT OF DEFENSE
AGENCY:
217.7602 through 217.7603–3
[Redesignated]
16. Section 217.7406 is redesignated
as section 217.7405.
17. Section 217.7500 is amended by
removing the parenthetical ‘‘(as defined
in appendix E)’’.
217.7501 through 217.7504
[Removed]
23. Section 217.7600 is removed.
24. Section 217.7601 is revised to read
as follows:
15. Section 217.7405 is removed.
217.7406
Spare parts breakout program.
See PGI 217.7506 and DoD 4140.1–R,
DoD Supply Chain Materiel
Management Regulation, Chapter 8,
Section C8.3, for spare parts breakout
requirements.
217.7600
14. Section 217.7404–6 is amended in
the introductory text by removing
‘‘agency’’ and adding in its place
‘‘contracting activity’’.
217.7405
217.7506
54697
Ms.
Gabrielle Ward, (703) 602–2022.
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
E:\FR\FM\16SEP1.SGM
16SEP1
]]>Agencies
[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54695-54697]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-18472]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 217 and 252
[DFARS Case 2003-D079]
Defense Federal Acquisition Regulation Supplement; Special
Contracting Methods
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 the use of special
contracting methods. 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 November 15, 2005, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D079,
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/
[[Page 54696]]
dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2003-D079 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/dars/dfars/transformation/index.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
Clarify text on the use of option clauses for industrial
capability production planning;
Delete unnecessary text on determinations for interagency
acquisitions under the Economy Act;
Delete restrictive requirements relating to the use of
master agreements for vessel repair;
Delete obsolete procedures for acquisition of bakery and
dairy products;
Lower the level for approval of profit on undefinitized
contract actions for which substantial performance has been completed;
and
Delete guidance on the use of options; and procedures for
preparation of master agreements and job orders, for breakout and
acquisition of spare parts, and for acquisition of work over and above
contract requirements. Text on these subjects will be relocated to the
new DFARS companion resource, Procedures, Guidance, and Information
(PGI). Additional information on PGI is 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
updates, streamlines, and clarifies DFARS requirements, but 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-D079.
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 217 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Parts 217 and 252 as
follows:
1. The authority citation for 48 CFR Parts 217 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 217--SPECIAL CONTRACTING METHODS
2. Section 217.202 is revised to read as follows:
217.202 Use of options.
See PGI 217.202 for guidance on the use of options.
217.208 [Amended]
3. Section 217.208 is amended in the first sentence by revising the
parenthetical to read ``(10 U.S.C. 2305(a)(5))''.
4. Section 217.208-70 is amended by revising paragraph (b)
introductory text and paragraph (b)(1) to read as follows:
217.208-70 Additional clauses.
* * * * *
(b) When a surge option is needed in support of industrial
capability production planning, use the clause at 252.217-7001, Surge
Option, in solicitations and contracts.
(1) Insert the percentage of increase the option represents in
paragraph (a) of the clause to ensure adequate quantities are available
to meet item requirements.
* * * * *
217.503 [Removed]
5. Section 217.503 is removed.
6. Sections 217.7103 and 217.7103-1 are revised to read as follows:
217.7103 Master agreements and job orders.
217.7103-1 Content and format of master agreements.
Follow the procedures at PGI 217.7103-1 for preparation of master
agreements.
7. Section 217.7103-3 is amended by revising paragraph (b) and
removing paragraphs (c) through (f). The revised text reads as follows:
217.7103-3 Solicitations for job orders.
* * * * *
(b) Follow the procedures at PGI 217.7103-3 when preparing
solicitations for job orders.
217.7103-4 [Removed]
8. Section 217.7103-4 is removed.
217.7103-5 through 217.7103-7 [Redesignated]
9. Sections 217.7103-5 through 217.7103-7 are redesignated as
sections 217.7103-4 through 217.7103-6, respectively.
10. Newly designated section 217.7103-4 is amended by revising
paragraph (b) and removing paragraph (c). The revised text reads as
follows:
217.7103-4 Emergency work.
* * * * *
(b) Follow the procedures at PGI 217.7103-4 when processing this
type of undefinitized contract action.
11. Newly designated section 217.7103-5 is revised to read as
follows:
217.7103-5 Repair costs not readily ascertainable.
Follow the procedures at PGI 217.7103-5 if the nature of any
repairs is such that their extent and probable cost cannot be
ascertained readily.
[[Page 54697]]
Subpart 217.72 [Removed and Reserved]
12. Subpart 217.72 is removed and reserved.
13. Section 217.7404-5 is amended by revising paragraphs (b)(1) and
(2) to read as follows:
217.7404-5 Exceptions.
* * * * *
(b) * * *
(1) A contingency operation; or
(2) A humanitarian or peacekeeping operation.
217.7404-6 [Amended]
14. Section 217.7404-6 is amended in the introductory text by
removing ``agency'' and adding in its place ``contracting activity''.
217.7405 [Removed]
15. Section 217.7405 is removed.
217.7406 [Redesignated]
16. Section 217.7406 is redesignated as section 217.7405.
17. Section 217.7500 is amended by removing the parenthetical ``(as
defined in appendix E)''.
217.7501 through 217.7504 [Redesignated]
18. Sections 217.7501 through 217.7504 are redesignated as sections
217.7502 through 217.7505, respectively.
19. A new section 217.7501 is added to read as follows:
217.7501 Definition.
Replenishment parts, as used in this subpart, means repairable or
consumable parts acquired after the initial provisioning process.
217.7502 [Amended]
20. Newly designated section 217.7502 is amended as follows:
a. In paragraph (b)(1) by removing ``217.7503'' and adding in its
place ``PGI 217.7504''; and
b. In paragraph (c) by removing ``217.7504'' and adding in its
place ``217.7505''.
21. Newly designated sections 217.7503 and 217.7504 are revised to
read as follows:
217.7503 Spares acquisition integrated with production.
Follow the procedures at PGI 217.7503 for acquiring spare parts
concurrently with the end item.
217.7504 Acquisition of parts when data is not available.
Follow the procedures at PGI 217.7504 when acquiring parts for
which the Government does not have the necessary data.
22. Section 217.7506 is added to read as follows:
217.7506 Spare parts breakout program.
See PGI 217.7506 and DoD 4140.1-R, DoD Supply Chain Materiel
Management Regulation, Chapter 8, Section C8.3, for spare parts
breakout requirements.
217.7600 [Removed]
23. Section 217.7600 is removed.
24. Section 217.7601 is revised to read as follows:
217.7601 Provisioning.
(a) Follow the procedures at PGI 217.7601 for contracts with
provisioning requirements.
(b) For technical requirements of provisioning, see DoD 4140.1-R,
DoD Supply Chain Materiel Management Regulation, Chapter 2, Section
C2.2.
217.7602 through 217.7603-3 [Removed]
25. Sections 217.7602 through 217.7603-3 are removed.
217.7700 [Removed]
26. Section 217.7700 is removed.
27. Section 217.7701 is revised to read as follows:
217.7701 Procedures.
Follow the procedures at PGI 217.7701 when acquiring over and above
work.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.217-7004 [Amended]
28. Section 252.217-7004 is amended as follows:
a. By revising the clause date to read ``(XXX 2005)''; and
b. In paragraph (a), in the first sentence, by removing ``in
accordance with FAR part 14 or 15, as applicable''.
252.217-7017 through 252.217-7025 [Removed and Reserved]
29. Sections 252.217-7017 through 252.217-7025 are removed and
reserved.
252.217-7027 [Amended]
30. Section 252.217-7027 is amended in the introductory text by
removing ``217.7406'' and adding in its place 217.7405''.
Appendix E to Chapter 2 [Removed and Reserved]
31. Appendix E to Chapter 2 is removed and reserved.
[FR Doc. 05-18472 Filed 9-15-05; 8:45 am]
BILLING CODE 5001-08-P
