Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Specialized Service Contracting, 3415-3416 [06-562]
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Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Rules and Regulations
erjones on PROD1PC61 with RULES
B. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
This final rule implements Sections
841 and 842 of the National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375). Section 841 extends,
through September 30, 2010, the period
during which companies may enter into
agreements under the DoD Pilot Mentor´ ´
Protege Program; and extends, through
September 30, 2013, the period during
which mentor firms may incur costs that
are eligible for reimbursement or credit
under the Program. Section 842 expands
the Program to permit service-disabled
veteran-owned small business concerns
and HUBZone small business concerns
´ ´
to participate in the Program as protege
firms. The Program provides incentives
´ ´
for DoD contractors to assist protege
firms in enhancing their capabilities and
increasing their participation in
Government and commercial contracts.
DoD received no public comments in
response to the initial regulatory
flexibility analysis. However, DoD
received a comment in response to the
interim rule that recommended
amendment of the rule to permit
historically black colleges and
universities and minority institutions
(HBCU/MIs) to participate in the DoD
´ ´
´ ´
Pilot Mentor-Protege Program as protege
firms. DoD was unable to adopt this
recommendation, as there is presently
no statutory authority that would permit
expanding the Program to include
HBCU/MIs.
Presently, there are 5,737 servicedisabled veteran-owned small business
concerns and 12,281 HUBZone small
business concerns registered in the
Central Contractor Registration
database; and presently, there are 134
´ ´
active mentor-protege agreements. Each
´ ´
protege firm must provide data to its
mentor firm, annually for submission to
the Government, regarding the progress
´ ´
of the protege firm in employment,
revenues, and participation in DoD
contracts. The data is required for each
fiscal year of the Program participation
term and for each of the two fiscal years
following the expiration of the Program
participation term. This information
should be readily available to a
company as part of its normal business
practices.
The rule is expected to have a
beneficial impact on service-disabled
veteran-owned small business concerns
and HUBZone small business concerns.
There are no known significant
VerDate Aug<31>2005
12:59 Jan 20, 2006
Jkt 208001
alternatives to the rule. Participation in
´ ´
the DoD Pilot Mentor-Protege Program is
voluntary.
C. Paperwork Reduction Act
The information collection
requirements of the DoD Pilot Mentor´ ´
Protege Program have been approved by
the Office of Management and Budget
under Control Number 0704–0332, for
use through May 31, 2007.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Part 219 and
Appendix I to Chapter 2, which was
published at 70 FR 29644 on May 24,
2005, is adopted as a final rule without
change.
[FR Doc. 06–568 Filed 1–20–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 237 and 252
[DFARS Case 2003–D041]
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Specialized
Service Contracting
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to the
acquisition of mortuary and laundry and
dry cleaning services. This rule is a
result of a transformation initiative
undertaken by DoD to dramatically
change the purpose and content of the
DFARS.
DATES:
Effective Date: January 23, 2006.
Ms.
Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0326;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D041.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
3415
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 Subpart 237.70 to
delete procedures for defining the
geographical area to be covered by
mortuary services contracts, and
procedures for distribution of those
contracts. These procedures have been
relocated to the new DFARS companion
resource, Procedures, Guidance, and
Information (PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
• Deletes the clause at DFARS
252.237–7010 containing facility
requirements for mortuary services, as
these requirements are adequately
addressed in State law.
• Revises DFARS Subpart 237.71 to
delete unnecessary requirements
relating to contracting for laundry and
dry cleaning services.
DoD published a proposed rule at 70
FR 8563 on February 22, 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 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
E:\FR\FM\23JAR1.SGM
23JAR1
3416
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Rules and Regulations
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 237 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 237 and 252
are amended as follows:
I 1. The authority citation for 48 CFR
parts 237 and 252 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 237—SERVICE CONTRACTING
2. Subpart 237.70 is revised to read as
follows:
I
Subpart 237.70—Mortuary Services
Sec.
237.7000 Scope.
237.7001 Method of acquisition.
237.7002 Area of performance and
distribution of contracts.
237.7003 Solicitation provisions and
contract clauses.
237.7000
Scope.
This subpart—
(a) Applies to contracts for mortuary
services (the care of remains) for
military personnel within the United
States; and
(b) May be used as guidance in areas
outside the United States for mortuary
services for deceased military and
civilian personnel.
237.7001
237.7003 Solicitation provisions and
contract clauses.
(a) Use the provision at 252.237–7002,
Award to Single Offeror, in all sealed
bid solicitations for mortuary services.
Use the basic provision with its
Alternate I in all negotiated solicitations
for mortuary services.
(b) Use the following clauses in all
mortuary service solicitations and
contracts, except do not use the clauses
at 252.237–7004, Area of Performance,
in solicitations or contracts that include
port of entry requirements:
(1) 252.237–7003, Requirements,
(insert activities authorized to place
orders in paragraph (e) of the clause).
(2) 252.237–7004, Area of
Performance.
(3) 252.237–7005, Performance and
Delivery.
(4) 252.237–7006, Subcontracting.
(5) 252.237–7007, Termination for
Default.
(6) 252.237–7008, Group Interment.
(7) 252.237–7009, Permits.
(8) 252.237–7011, Preparation
History.
(c) Use the clause at FAR 52.245–4,
Government-Furnished Property (Short
Form), in solicitations and contracts that
include port of entry requirements.
I 3. Section 237.7100 is revised to read
as follows:
237.7100
237.7101
I
Method of acquisition.
Scope.
This subpart—
(a) Applies to contracts for laundry
and dry cleaning services within the
United States; and
(b) May be used as guidance in areas
outside the United States.
[Removed]
4. Section 237.7101 is removed.
6. Section 252.237–7002 is amended
in the introductory text, and in
Alternate I in the introductory text, by
removing ‘‘237.7004’’ and adding in its
place ‘‘237.7003’’.
237.7002 Area of performance and
distribution of contracts.
erjones on PROD1PC61 with RULES
(a) Requirements type contract. By
agreement among the military activities,
one activity in each geographical area
will contract for the estimated
requirements for the care of remains for
all military activities in the area. Use a
requirements type contract (see FAR
16.503) when the estimated annual
requirements for the activities in the
area are ten or more.
(b) Purchase order. Where no contract
exists, use DD Form 1155, Order for
Supplies or Services, to obtain mortuary
services.
252.237–7003 through 252.237–7009
[Amended]
Follow the procedures at PGI
237.7002 for—
(a) Defining the geographical area to
be covered by the contract; and
(b) Distributing copies of the contract.
7. Sections 252.237–7003 through
252.237–7009 are amended in the
introductory text by removing
‘‘237.7004’’ and adding in its place
‘‘237.7003’’.
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12:59 Jan 20, 2006
Jkt 208001
237.7102
[Redesignated]
5. Section 237.7102 is redesignated as
section 237.7101.
I
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.237–7002
[Amended]
I
I
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
252.237–7010
[Removed and Reserved]
8. Section 252.237–7010 is removed
and reserved.
I
252.237–7011
[Amended]
9. Section 252.237–7011 is amended
in the introductory text by removing
‘‘237.7004’’ and adding in its place
‘‘237.7003’’.
I
252.237–7012 through 252.237–7015
[Amended]
10. Sections 252.237–7012 through
252.237–7015 are amended in the
introductory text by removing
‘‘237.7102’’ and adding in its place
‘‘237.7101’’.
I
252.237–7016
[Amended]
11. Section 252.237–7016 is amended
in the introductory text, and in
Alternates I and II in the introductory
text, by removing ‘‘237.7102’’ and
adding in its place ‘‘237.7101’’.
I
252.237–7017 and 252.237–7018
[Amended]
12. Sections 252.237–7017 and
252.237–7018 are amended in the
introductory text by removing
‘‘237.7102’’ and adding in its place
‘‘237.7101’’.
I
[FR Doc. 06–562 Filed 1–20–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 241
[DFARS Case 2003–D069]
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Acquisition of
Utility Services
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to the
acquisition of utility services. This rule
is a result of a transformation initiative
undertaken by DoD to dramatically
change the purpose and content of the
DFARS.
EFFECTIVE DATE: January 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0326;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D069.
E:\FR\FM\23JAR1.SGM
23JAR1
]]>Agencies
[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Rules and Regulations]
[Pages 3415-3416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-562]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 237 and 252
[DFARS Case 2003-D041]
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; Specialized Service Contracting
AGENCY: Defense Acquisition Regulations System, 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
the acquisition of mortuary and laundry and dry cleaning services. This
rule is a result of a transformation initiative undertaken by DoD to
dramatically change the purpose and content of the DFARS.
DATES: Effective Date: January 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D041.
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 Subpart 237.70 to delete procedures for
defining the geographical area to be covered by mortuary services
contracts, and procedures for distribution of those contracts. These
procedures have been relocated to the new DFARS companion resource,
Procedures, Guidance, and Information (PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
Deletes the clause at DFARS 252.237-7010 containing
facility requirements for mortuary services, as these requirements are
adequately addressed in State law.
Revises DFARS Subpart 237.71 to delete unnecessary
requirements relating to contracting for laundry and dry cleaning
services.
DoD published a proposed rule at 70 FR 8563 on February 22, 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 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
[[Page 3416]]
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 237 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 237 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 237 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 237--SERVICE CONTRACTING
0
2. Subpart 237.70 is revised to read as follows:
Subpart 237.70--Mortuary Services
Sec.
237.7000 Scope.
237.7001 Method of acquisition.
237.7002 Area of performance and distribution of contracts.
237.7003 Solicitation provisions and contract clauses.
237.7000 Scope.
This subpart--
(a) Applies to contracts for mortuary services (the care of
remains) for military personnel within the United States; and
(b) May be used as guidance in areas outside the United States for
mortuary services for deceased military and civilian personnel.
237.7001 Method of acquisition.
(a) Requirements type contract. By agreement among the military
activities, one activity in each geographical area will contract for
the estimated requirements for the care of remains for all military
activities in the area. Use a requirements type contract (see FAR
16.503) when the estimated annual requirements for the activities in
the area are ten or more.
(b) Purchase order. Where no contract exists, use DD Form 1155,
Order for Supplies or Services, to obtain mortuary services.
237.7002 Area of performance and distribution of contracts.
Follow the procedures at PGI 237.7002 for--
(a) Defining the geographical area to be covered by the contract;
and
(b) Distributing copies of the contract.
237.7003 Solicitation provisions and contract clauses.
(a) Use the provision at 252.237-7002, Award to Single Offeror, in
all sealed bid solicitations for mortuary services. Use the basic
provision with its Alternate I in all negotiated solicitations for
mortuary services.
(b) Use the following clauses in all mortuary service solicitations
and contracts, except do not use the clauses at 252.237-7004, Area of
Performance, in solicitations or contracts that include port of entry
requirements:
(1) 252.237-7003, Requirements, (insert activities authorized to
place orders in paragraph (e) of the clause).
(2) 252.237-7004, Area of Performance.
(3) 252.237-7005, Performance and Delivery.
(4) 252.237-7006, Subcontracting.
(5) 252.237-7007, Termination for Default.
(6) 252.237-7008, Group Interment.
(7) 252.237-7009, Permits.
(8) 252.237-7011, Preparation History.
(c) Use the clause at FAR 52.245-4, Government-Furnished Property
(Short Form), in solicitations and contracts that include port of entry
requirements.
0
3. Section 237.7100 is revised to read as follows:
237.7100 Scope.
This subpart--
(a) Applies to contracts for laundry and dry cleaning services
within the United States; and
(b) May be used as guidance in areas outside the United States.
237.7101 [Removed]
0
4. Section 237.7101 is removed.
237.7102 [Redesignated]
0
5. Section 237.7102 is redesignated as section 237.7101.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.237-7002 [Amended]
0
6. Section 252.237-7002 is amended in the introductory text, and in
Alternate I in the introductory text, by removing ``237.7004'' and
adding in its place ``237.7003''.
252.237-7003 through 252.237-7009 [Amended]
0
7. Sections 252.237-7003 through 252.237-7009 are amended in the
introductory text by removing ``237.7004'' and adding in its place
``237.7003''.
252.237-7010 [Removed and Reserved]
0
8. Section 252.237-7010 is removed and reserved.
252.237-7011 [Amended]
0
9. Section 252.237-7011 is amended in the introductory text by removing
``237.7004'' and adding in its place ``237.7003''.
252.237-7012 through 252.237-7015 [Amended]
0
10. Sections 252.237-7012 through 252.237-7015 are amended in the
introductory text by removing ``237.7102'' and adding in its place
``237.7101''.
252.237-7016 [Amended]
0
11. Section 252.237-7016 is amended in the introductory text, and in
Alternates I and II in the introductory text, by removing ``237.7102''
and adding in its place ``237.7101''.
252.237-7017 and 252.237-7018 [Amended]
0
12. Sections 252.237-7017 and 252.237-7018 are amended in the
introductory text by removing ``237.7102'' and adding in its place
``237.7101''.
[FR Doc. 06-562 Filed 1-20-06; 8:45 am]
BILLING CODE 5001-08-P
