Defense Federal Acquisition Regulation Supplement; Contract Administration Functions, 67955-67956 [05-22113]

Download as PDF Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules community, its clients, advocates, the organized bar, the disability rights community and other interested parties. DATES: Expressions of interest must be received by November 18, 2005. FOR FURTHER INFORMATION CONTACT: Victor M. Fortuno, Vice President & General Counsel, Legal Services Corporation, 3333 K St., NW., Washington, DC 20007; (202) 295–1620 (phone); (202) 337–6831 (fax) or vfortuno@lsc.gov. The Legal Services Corporation (‘‘LSC’’) has initiated a rulemaking to consider revisions to 45 CFR part 1624 (Prohibition Against Discrimination on the Basis of Handicap). As part of this rulemaking proceeding, LSC is convening a Rulemaking Workshop prior to the development of a Draft Notice of Proposed Rulemaking. The Rulemaking Workshop will be held on December 13, 2005, from 9 a.m.–5 p.m., EST, (and may be extended to December 14, 2005, if necessary). The Rulemaking Workshop will be held in LSC’s Conference Center, on the 3rd floor of 3333 K St., NW., Washington, DC 20007. Under the LSC Rulemaking Protocol: SUPPLEMENTARY INFORMATION: Rulemaking Workshops [* * *] enable LSC Board members and staff to meet with stakeholders prior to the development of a draft NPRM to discuss, but not negotiate, LSC rules and regulations. LSC believes the Notice and Comment process, including Rulemaking Workshops, [* * *] allow for an effective dialog between LSC and its recipients and other interested parties, in those instances in which Negotiated Rulemaking is not used. When the Board has decided to initiate a rulemaking and to conduct a Rulemaking Workshop, [LSC’s Office of Legal Affairs] will work with the Board and staff to select a date for the Rulemaking Workshop and will invite participants from the interested stakeholder community. The Workshop will be a meeting at which the participants hold open discussions designed to elicit information about problems or concerns with the regulation (or certain aspects thereof) and provide an opportunity for sharing ideas regarding how to address those issues. The Workshop is not intended [to] develop detailed alternatives or to obtain consensus on regulatory proposals. Upon the conclusion of the Workshop, the Board shall provide LSC staff with policy guidance on the issues discussed to aid staff in the development of the Draft Notice of Proposed Rulemaking (‘‘NPRM’’) 67 FR 69762, 69763 (November 19, 2002). With this notice, LSC is inviting expressions of interest from the interested stakeholder community to participate in the Rulemaking Workshop. Expressions of interest should be forwarded in writing to Victor M. Fortuno, Vice President & General VerDate Aug<31>2005 16:05 Nov 08, 2005 Jkt 208001 Counsel, Legal Services Corporation, 3333 K Street, NW., Washington, DC 20007. Such expressions of interest may be alternatively sent via e-mail to vfortuno@lsc.gov or via fax to (202) 337– 6831, but must be received by close of business on November 18, 2005. LSC will select participants shortly thereafter and will inform all those who expressed interest of whether or not they have been selected. The Workshops will be open to public observation but only persons selected will be allowed to participate. Participants are expected to cover their own expenses (travel, lodging, etc.). LSC may consider providing financial assistance to participants for whom travel costs would represent a significant hardship and barrier to participation. Any such person should so note in his/her expression of interest for LSC’s consideration. Victor M. Fortuno, Vice President & General Counsel. [FR Doc. 05–22289 Filed 11–8–05; 8:45 am] BILLING CODE 7050–01–P DEPARTMENT OF DEFENSE 48 CFR Part 242 [DFARS Case 2003–D051] Defense Federal Acquisition Regulation Supplement; Contract Administration Functions 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 addressing functions performed by DoD contract administration offices. 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 January 9, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2003-D051, 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. PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 67955 Æ E-mail: dfars@osd.mil. Include DFARS Case 2003–D051 in the subject line of the message. Æ Fax: (703) 602–0350. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Deborah Tronic, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Æ Hand Delivery/Courier: Defense Acquisition Regulations System, 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. Deborah Tronic, (703) 602–0289. 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— Æ Update the list of DoD contract administration functions to clarify responsibilities for payment administration and for verification of contractor compliance with earned value management system requirements; Æ Delete obsolete text on mobilization production planning surveys; and Æ Delete procedures for designation of contract payment offices. Text on this subject 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 E:\FR\FM\09NOP1.SGM 09NOP1 67956 Federal Register / Vol. 70, No. 216 / Wednesday, November 9, 2005 / Proposed Rules substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule addresses internal DoD responsibilities for performance of contract administration functions. 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–D051. 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. (B) Follow the procedures at PGI 242.302(a)(13)(B) for designation of payment offices. (39) See 223.370 for contract administration responsibilities on contracts for ammunition and explosives. (67) Also support program offices and buying activities in precontractual efforts leading to a solicitation or award. (S–70) Serve as the single point of contact for all Single Process Initiative (SPI) Management Council activities. The ACO shall negotiate and execute facilitywide class modifications and agreements for SPI processes, when authorized by the affected components. (S–71) DCMA has responsibility for reviewing earned value management system (EVMS) plans and verifying initial and continuing contractor compliance with DoD EVMS criteria. The contracting officer shall not retain this function. (b)(S–70) Issue, negotiate, and execute orders under basic ordering agreements for overhaul, maintenance, and repair. [FR Doc. 05–22113 Filed 11–8–05; 8:45 am] Michele P. Peterson, Editor, Defense Acquisition Regulations System. BILLING CODE 5001–08–P Therefore, DoD proposes to amend 48 CFR part 242 as follows: 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. DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 17 RIN 1018–AT92 PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES 2. Section 242.302 is revised to read as follows: Endangered and Threatened Wildlife and Plants; Designation of Critical Habitat for the Endangered Monardella linoides ssp. viminea (Willowy Monardella) 242.302 AGENCY: Contract administration functions. (a)(4) Also, review and evaluate— (A) Contractor estimating systems (see FAR 15.407–5); and (B) Contractor material management and accounting systems under Subpart 242.72. (7) See 242.7503 for ACO responsibilities with regard to receipt of an audit report identifying significant accounting system or related internal control deficiencies. (9) For additional contract administration functions related to IR&D/B&P projects performed by major contractors, see 242.771–3(a). (12) Also perform all payment administration in accordance with any applicable payment clauses. (13)(A) Do not delegate the responsibility to make payments to the Defense Contract Management Agency (DCMA). VerDate Aug<31>2005 16:05 Nov 08, 2005 Jkt 208001 Fish and Wildlife Service, Interior. ACTION: Proposed rule. SUMMARY: We, the U.S. Fish and Wildlife Service (Service), propose to designate critical habitat for the endangered Monardella linoides ssp. viminea (willowy monardella) under the Endangered Species Act of 1973, as amended (Act). We have determined that approximately 2,539 acres (ac) (1,028 hectares (ha)) of land within San Diego County, California, contain the physical and biological features essential to the conservation of M. l. ssp. viminea. Of that, we are proposing to designate as critical habitat approximately 115 acres (47 ha) of private lands and the Padre Dam Municipal Water District lands within the City of Santee. We do not include Tribal lands in this proposed designation. We are exempting or PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 considering whether to exclude from critical habitat designation the other lands that contain the features essential to the conservation of M. l. ssp. viminea. We fully discuss the exemption and exclusions under consideration in the preamble of this proposed rule. We are soliciting data and comments from the public on all aspects of this proposal, including the exemption and exclusions under consideration. DATES: We will accept comments from all interested parties until January 9, 2006. We must receive requests for public hearings, in writing, at the address shown in the ADDRESSES section by December 27, 2005. ADDRESSES: If you wish to comment, you may submit your comments and materials concerning this proposal by any one of several methods: 1. You may submit written comments and information to Jim Bartel, Field Supervisor, U.S. Fish and Wildlife Service, Carlsbad Fish and Wildlife Office (CFWO), 6010 Hidden Valley Road, Carlsbad, CA 92011. 2. You may hand-deliver written comments to the CFWO, at the address given above. 3. You may send comments by electronic mail (e-mail) to fw8cfwomolivi@fws.gov. Please see the Public Comments Solicited section below for file format and other information about electronic filing. 4. You may fax your comments to 760/431–9624. Comments and materials received, as well as supporting documentation used in the preparation of this proposed rule, will be available for public inspection, by appointment, during normal business hours at the CFWO at the above address. Maps showing areas proposed as critical habitat, areas under consideration for exclusion from critical habitat, and areas exempted from critical habitat are available for public review and comment at the CFWO or on the Internet at https://carlsbad.fws.gov. FOR FURTHER INFORMATION CONTACT: Jim Bartel, Field Supervisor, CFWO at the above address (telephone 760/431–9440; facsimile 760/431–9624). SUPPLEMENTARY INFORMATION: Public Comments Solicited We intend that any final action resulting from this proposal will be as accurate and as effective as possible. Therefore, comments or suggestions from the public, other concerned governmental agencies, the scientific community, industry, or any other interested party concerning this proposed rule are hereby solicited. E:\FR\FM\09NOP1.SGM 09NOP1

Agencies

[Federal Register Volume 70, Number 216 (Wednesday, November 9, 2005)]
[Proposed Rules]
[Pages 67955-67956]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-22113]


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DEPARTMENT OF DEFENSE

48 CFR Part 242

[DFARS Case 2003-D051]


Defense Federal Acquisition Regulation Supplement; Contract 
Administration Functions

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 addressing functions 
performed by DoD contract administration offices. 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 January 9, 2006, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D051, 
using any of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
    [cir] Defense Acquisition Regulations Web site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    [cir] E-mail: dfars@osd.mil. Include DFARS Case 2003-D051 in the 
subject line of the message.
    [cir] Fax: (703) 602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Deborah Tronic, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    [cir] Hand Delivery/Courier: Defense Acquisition Regulations 
System, 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. Deborah Tronic, (703) 602-0289.

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--
    [cir] Update the list of DoD contract administration functions to 
clarify responsibilities for payment administration and for 
verification of contractor compliance with earned value management 
system requirements;
    [cir] Delete obsolete text on mobilization production planning 
surveys; and
    [cir] Delete procedures for designation of contract payment 
offices. Text on this subject 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

[[Page 67956]]

substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
addresses internal DoD responsibilities for performance of contract 
administration functions. 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-D051.

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:
    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.

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

    2. Section 242.302 is revised to read as follows:


242.302  Contract administration functions.

    (a)(4) Also, review and evaluate--
    (A) Contractor estimating systems (see FAR 15.407-5); and
    (B) Contractor material management and accounting systems under 
Subpart 242.72.
    (7) See 242.7503 for ACO responsibilities with regard to receipt of 
an audit report identifying significant accounting system or related 
internal control deficiencies.
    (9) For additional contract administration functions related to 
IR&D/B&P projects performed by major contractors, see 242.771-3(a).
    (12) Also perform all payment administration in accordance with any 
applicable payment clauses.
    (13)(A) Do not delegate the responsibility to make payments to the 
Defense Contract Management Agency (DCMA).
    (B) Follow the procedures at PGI 242.302(a)(13)(B) for designation 
of payment offices.
    (39) See 223.370 for contract administration responsibilities on 
contracts for ammunition and explosives.
    (67) Also support program offices and buying activities in 
precontractual efforts leading to a solicitation or award.
    (S-70) Serve as the single point of contact for all Single Process 
Initiative (SPI) Management Council activities. The ACO shall negotiate 
and execute facilitywide class modifications and agreements for SPI 
processes, when authorized by the affected components.
    (S-71) DCMA has responsibility for reviewing earned value 
management system (EVMS) plans and verifying initial and continuing 
contractor compliance with DoD EVMS criteria. The contracting officer 
shall not retain this function.
    (b)(S-70) Issue, negotiate, and execute orders under basic ordering 
agreements for overhaul, maintenance, and repair.

[FR Doc. 05-22113 Filed 11-8-05; 8:45 am]
BILLING CODE 5001-08-P
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