Defense Federal Acquisition Regulation Supplement; Subcontracting Policies and Procedures, 67922-67923 [05-22105]

Download as PDF 67922 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations List of Subjects in 48 CFR Part 243 DEPARTMENT OF DEFENSE Government procurement. 48 CFR Parts 244 and 252 Michele P. Peterson, Editor, Defense Acquisition Regulations System. [DFARS Case 2003–D025] Therefore, 48 CFR part 243 is amended as follows: PART 243—CONTRACT MODIFICATIONS Defense Federal Acquisition Regulation Supplement; Subcontracting Policies and Procedures AGENCY: I ACTION: 1. The authority citation for 48 CFR part 243 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 243.102, 243.105, and 243.107 [Removed] 2. Sections 243.102, 243.105, and 243.107 are removed. I 3. Section 243.107–70 is amended by revising the second sentence to read as follows: I 243.107–70 Notification of substantial impact on employment. * * * The clause prescribed at 249.7003(c) requires that the contractor notify its employees, its subcontractors, and State and local officials when a contract modification will have a substantial impact on employment. I 4. Sections 243.170 and 243.171 are revised to read as follows: 243.170 Identification of foreign military sale (FMS) requirements. Follow the procedures at PGI 243.170 for identifying contract modifications that add FMS requirements. 243.171 funds. Obligation or deobligation of Follow the procedures at PGI 243.171 when obligating or deobligating funds. I 5. Section 243.204 is revised to read as follows: 243.204 Administration. Follow the procedures at PGI 243.204 for review and definitization of change orders. I 6. Section 243.204–70 is amended by revising paragraph (b) to read as follows: 243.204–70 Certification of requests for equitable adjustment. * * * * * (b) To determine if the dollar threshold for requiring certification is met, add together the absolute value of each cost increase and each cost decrease. See PGI 243.204–70(b) for an example. * * * * * 243.204–71 I [Removed] 7. Section 243.204–71 is removed. [FR Doc. 05–22104 Filed 11–8–05; 8:45 am] BILLING CODE 5001–08–P VerDate Aug<31>2005 15:11 Nov 08, 2005 Jkt 208001 Department of Defense (DoD). Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to subcontracts awarded under DoD contracts. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATE: November 9, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0289; facsimile (703) 602–0350. Please cite DFARS Case 2003–D025. 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 final rule is a result of the DFARS Transformation initiative. The rule: • Revises DFARS 244.301 to clarify Government responsibilities for conducting reviews of contractor purchasing systems. • Deletes text at DFARS 244.304 containing examples of weaknesses in a contractor’s purchasing system that may indicate the need for a review. This text has been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 available at https://www.acq.osd.mil/ dpap/dars/pgi. • Updates the clause at DFARS 252.244–7000 to reflect the current title of the clause at FAR 52.244–6, Subcontracts for Commercial Items. DoD published a proposed rule at 70 FR 19044 on April 12, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule without change. 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 certifies that this final rule will not 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, clarifies, and streamlines DFARS text, but makes no significant change to DoD contracting policy. 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 244 and 252 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 244 and 252 are amended as follows: I 1. The authority citation for 48 CFR parts 244 and 252 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 244—SUBCONTRACTING POLICIES AND PROCEDURES 2. Section 244.301 is revised to read as follows: I 244.301 Objective. The administrative contracting officer (ACO) is solely responsible for initiating reviews of the contractor’s purchasing systems, but other organizations may request that the ACO initiate such reviews. I 3. Section 244.304 is revised to read as follows: 244.304 Surveillance. (b) The ACO, or the purchasing system analyst (PSA) with the E:\FR\FM\09NOR1.SGM 09NOR1 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Rules and Regulations concurrence of the ACO, may initiate a special review of specific weaknesses in the contractor’s purchasing system. See PGI 244.304(b) for examples of weaknesses. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.244–7000 [Amended] 4. Section 252.244–7000 is amended as follows: I a. By revising the clause date to read ‘‘(NOV 2005)’’; and I b. In the introductory text of the clause by removing the phrase ‘‘and Commercial Components’’. I [FR Doc. 05–22105 Filed 11–8–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 250 [DFARS Case 2003–D048] Defense Federal Acquisition Regulation Supplement; Extraordinary Contractual Actions Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the processing of requests for extraordinary contract adjustments. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATE: November 9, 2005. FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0296; facsimile (703) 602–0350. Please cite DFARS Case 2003–D048. 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 VerDate Aug<31>2005 15:11 Nov 08, 2005 Jkt 208001 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 final rule is a result of the DFARS Transformation initiative. The rule— • Updates requirements for DoD processing of requests for extraordinary contract adjustments; and • Deletes procedures for preparation of records and submittal of requests to a contract adjustment board. This text has been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at https://www.acq.osd.mil/ dpap/dars/pgi. DoD published a proposed rule at 70 FR 6393 on February 7, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. 250.105 B. Regulatory Flexibility Act DoD certifies that this final rule will not 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 relates primarily to DoD internal administrative procedures for the processing of requests for extraordinary contract adjustments. 250.303–1 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. 250.305 List of Subjects in 48 CFR Part 250 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 250 is amended as follows: I PART 250—EXTRAORDINARY CONTRACTUAL ACTIONS 1. The authority citation for 48 CFR Part 250 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 250.105 is revised to read as follows: I PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 67923 Records. Follow the procedures at PGI 250.105 for preparation of records. I 3. Section 250.201–70 is amended by revising paragraph (a) and the last sentence of paragraph (b) introductory text to read as follows: 250.201–70 Delegations. (a) Military Departments. The Departments of the Army, Navy, and Air Force will specify delegations and levels of authority for actions under the Act and the Executive Order in departmental supplements or agency acquisition guidance. (b) * * * The agency supplements or agency acquisition guidance shall specify the delegations and levels of authority. * * * * * I 4. Subpart 250.3 is revised to read as follows: Subpart 250.3—Contract Adjustments Sec. 250.303–1 Contractor requests. 250.305 Processing cases. 250.306 Disposition. Contractor requests. Requests should be filed with the procuring contracting officer (PCO). However, if filing with the PCO is impractical, requests may be filed with an authorized representative, an administrative contracting officer, or the Office of General Counsel of the applicable department or agency, for forwarding to the cognizant PCO. Processing cases. (1) At the time the request is filed, the activity shall prepare the record described at PGI 250.105(1)(i) and forward it to the appropriate official within 30 days after the close of the month in which the record is prepared. (2) The officer or official responsible for the case shall forward to the contract adjustment board, through departmental channels, the documentation described at PGI 250.305. (3) Contract adjustment boards will render decisions as expeditiously as practicable. The Chair shall sign a memorandum of decision disposing of the case. The decision shall be dated and shall contain the information required by FAR 50.306. The memorandum of decision shall not contain any information classified ‘‘Confidential’’ or higher. The board’s decision will be sent to the appropriate official for implementation. E:\FR\FM\09NOR1.SGM 09NOR1

Agencies

[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Rules and Regulations]
[Pages 67922-67923]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22105]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Parts 244 and 252

[DFARS Case 2003-D025]


Defense Federal Acquisition Regulation Supplement; Subcontracting 
Policies and Procedures

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
subcontracts awarded under DoD contracts. This rule is a result of a 
transformation initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

EFFECTIVE DATE:  November 9, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D025.

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 final rule is a result of the DFARS Transformation initiative. 
The rule:
     Revises DFARS 244.301 to clarify Government 
responsibilities for conducting reviews of contractor purchasing 
systems.
     Deletes text at DFARS 244.304 containing examples of 
weaknesses in a contractor's purchasing system that may indicate the 
need for a review. This text has been relocated to the new DFARS 
companion resource, Procedures, Guidance, and Information (PGI), 
available at https://www.acq.osd.mil/dpap/dars/pgi.
     Updates the clause at DFARS 252.244-7000 to reflect the 
current title of the clause at FAR 52.244-6, Subcontracts for 
Commercial Items.
    DoD published a proposed rule at 70 FR 19044 on April 12, 2005. DoD 
received no comments on the proposed rule. Therefore, DoD has adopted 
the proposed rule as a final rule without change.
    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 certifies that this final rule will not 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, clarifies, and streamlines DFARS text, but 
makes no significant change to DoD contracting policy.

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 244 and 252

    Government procurement.

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

0
Therefore, 48 CFR parts 244 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 244 and 252 continues to 
read as follows:

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

PART 244--SUBCONTRACTING POLICIES AND PROCEDURES

0
2. Section 244.301 is revised to read as follows:


244.301  Objective.

    The administrative contracting officer (ACO) is solely responsible 
for initiating reviews of the contractor's purchasing systems, but 
other organizations may request that the ACO initiate such reviews.

0
3. Section 244.304 is revised to read as follows:


244.304  Surveillance.

    (b) The ACO, or the purchasing system analyst (PSA) with the

[[Page 67923]]

concurrence of the ACO, may initiate a special review of specific 
weaknesses in the contractor's purchasing system. See PGI 244.304(b) 
for examples of weaknesses.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.244-7000  [Amended]

0
4. Section 252.244-7000 is amended as follows:
0
a. By revising the clause date to read ``(NOV 2005)''; and
0
b. In the introductory text of the clause by removing the phrase ``and 
Commercial Components''.

[FR Doc. 05-22105 Filed 11-8-05; 8:45 am]
BILLING CODE 5001-08-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.