Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Foreign Acquisition Procedures, 3448-3449 [E6-706]
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3448
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Proposed Rules
PART 217—SPECIAL CONTRACTING
METHODS
PART 228—BOND INSURANCE
6. Section 217.170 is amended by
revising paragraph (d)(1)(i) to read as
follows:
11. Section 228.102–1 is amended in
the second sentence of the introductory
text and in paragraph (1) by removing
‘‘$25,000’’ and adding in its place
‘‘$30,000’’.
a. By revising the clause date to read
‘‘(XXX 2006)’’;
b. In paragraph (b)(1) by removing
‘‘$10 million’’ and adding in its place
‘‘$11.5 million’’; and
c. In paragraph (b)(2)(i) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
PART 232—CONTRACT FINANCING
252.225–7004
217.170
General.
*
228.102–1
*
*
*
*
(d)(1) * * *
(i) Exceed $500 million for supplies
(see 217.172(c) and 217.172(e)(4)) or
$565.5 million for services (see
217.171(a)(6));
*
*
*
*
*
232.404
217.171
232.502–1
[Amended]
7. Section 217.171 is amended in
paragraph (a)(6) by removing ‘‘$500
million’’ and adding in its place ‘‘$565.5
million’’.
PART 219—SMALL BUSINESS
PROGRAMS
219.502–2
8. Section 219.502–2 is amended in
paragraph (a)(i) by removing ‘‘$2
million’’ and adding in its place ‘‘$2.5
million’’.
PART 223—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
9. Section 223.803 is revised to read
as follows:
223.803
Policy.
No DoD contract may include a
specification or standard that requires
the use of a class I ozone-depleting
substance or that can be met only
through the use of such a substance
unless the inclusion of the specification
or standard is specifically authorized at
a level no lower than a general or flag
officer or a member of the Senior
Executive Service of the requiring
activity in accordance with Section 326,
Public Law 102–484 (10 U.S.C. 2301
(repealed) note). This restriction is in
addition to any imposed by the Clean
Air Act and applies after June 1, 1993,
to all DoD contracts, regardless of place
of performance.
PART 225—FOREIGN ACQUISITION
erjones on PROD1PC61 with PROPOSALS
225.7204
[Amended]
10. Section 225.7204 is amended as
follows:
a. In paragraphs (a) and (b) by
removing ‘‘$10 million’’ and adding in
its place ‘‘$11.5 million’’; and
b. In paragraph (c) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
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13:00 Jan 20, 2006
Jkt 208001
[Amended]
12. Section 232.404 is amended in
paragraph (a)(9) by removing ‘‘$2,500’’
and adding in its place ‘‘$3,000’’.
[Amended]
13. Section 232.502–1 is amended in
paragraph (b)(1) by removing ‘‘$50,000’’
and adding in its place ‘‘$55,000’’.
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
236.601
[Amended]
[Amended]
[Amended]
14. Section 236.601 is amended in
paragraph (1)(ii) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
PART 237—SERVICE CONTRACTING
237.170–2
[Amended]
15. Section 237.170–2 is amended in
paragraphs (a)(1) and (2) by removing
‘‘$50,000,000’’ and adding in its place
‘‘$77.5 million’’.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
16. Section 252.209–7004 is amended
by revising the clause date and
paragraph (a) to read as follows:
[Amended]
18. Section 252.225–7004 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2006)’’; and
b. In paragraph (b)(1) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
252.225–7006
[Amended]
19. Section 252.225–7006 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2006)’’; and
b. In paragraph (f)(1) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
252.232–7009
[Amended]
20. Section 252.232–7009 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2006)’’; and
b. By removing ‘‘$2,500’’ and adding
in its place ‘‘$3,000’’.
252.249–7002
[Amended]
21. Section 252.249–7002 is amended
as follows:
a. By revising the clause date to read
‘‘(XXX 2006)’’; and
b. In paragraph (d)(1) by removing
‘‘$500,000’’ and adding in its place
‘‘$550,000’’.
[FR Doc. E6–701 Filed 1–20–06; 8:45 am]
252.209–7004 Subcontracting with firms
that are owned or controlled by the
government of a terrorist country.
BILLING CODE 5001–08–P
*
DEPARTMENT OF DEFENSE
*
*
*
*
Subcontracting With Firms That Are
Owned or Controlled by the
Government of a Terrorist Country
(XXX 2006)
(a) Unless the Government determines
that there is a compelling reason to do
so, the Contractor shall not enter into
any subcontract in excess of $30,000
with a firm, or a subsidiary of a firm,
that is identified in the Excluded Parties
List System as being ineligible for the
award of Defense contracts or
subcontracts because it is owned or
controlled by the government of a
terrorist country.
*
*
*
*
*
252.225–7003
[Amended]
17. Section 252.225–7003 is amended
as follows:
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48 CFR Part 225
[DFARS Case 2005–D012]
RIN 0750–AF21
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Foreign
Acquisition Procedures
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
delete text addressing internal DoD
procedures pertaining to foreign
E:\FR\FM\23JAP1.SGM
23JAP1
Federal Register / Vol. 71, No. 14 / Monday, January 23, 2006 / Proposed Rules
acquisition. This text will be relocated
to the new DFARS companion resource,
Procedures, Guidance, and Information
(PGI). The 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
March 24, 2006, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D012,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2005–D012 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
erjones on PROD1PC61 with PROPOSALS
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 rule deletes DFARS text
addressing internal DoD procedures in
the following areas:
DFARS 225.670–4—Processing of
requests for waiver of foreign source
restrictions.
VerDate Aug<31>2005
13:00 Jan 20, 2006
Jkt 208001
DFARS 225.871–4—Processing of
requests for waiver under North Atlantic
Treaty Organization cooperative
projects.
DFARS 225.7017–3—Preparation of
determinations regarding award of a
contract for ballistic missile defense
research, development, test, and
evaluation to a foreign source.
DFARS 225.7502—Application of the
Balance of Payments Program to an
acquisition.
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 the proposed rule addresses
internal DoD procedural matters and
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
2005–D012.
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 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 225 as follows:
1. The authority citation for 48 CFR
part 225 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.670–4 is revised to read
as follows:
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Fmt 4702
Sfmt 4702
225.670–4
3449
Waivers.
The Secretary of Defense may waive
this restriction on the basis of national
security interests. To request a waiver,
follow the procedures at PGI 225.670–4.
3. Section 225.871–4 is amended by
revising paragraph (c) to read as follows:
225.871–4
Statutory waivers.
*
*
*
*
*
(c) To request a waiver under a
cooperative project, follow the
procedures at PGI 225.871–4.
*
*
*
*
*
4. Section 225.7017–3 is amended by
revising paragraph (b) to read as follows:
225.7017–3
Exceptions.
*
*
*
*
*
(b) If the head of the contracting
activity certifies in writing, before
contract award, that a U.S. firm cannot
competently perform a contract for
RDT&E at a price equal to or less than
the price at which a foreign government
or firm would perform the RDT&E. The
contracting officer or source selection
authority, as applicable, shall make a
determination, in accordance with PGI
225.7017–3(b), that will be the basis for
the certification.
5. Section 225.7502 is revised to read
as follows:
225.7502
Procedures.
If the Balance of Payments Program
applies to the acquisition, follow the
procedures at PGI 225.7502.
[FR Doc. E6–706 Filed 1–20–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Parts 242 and 252
[DFARS Case 2005–D006]
RIN 0750–AF19
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Earned Value
Management Systems
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update requirements for DoD
contractors to establish and maintain
earned value management systems
(EVMS). The rule revises the dollar
thresholds at which EVMS requirements
are applied and eliminates requirements
E:\FR\FM\23JAP1.SGM
23JAP1
]]>Agencies
[Federal Register Volume 71, Number 14 (Monday, January 23, 2006)]
[Proposed Rules]
[Pages 3448-3449]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-706]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 225
[DFARS Case 2005-D012]
RIN 0750-AF21
Defense Acquisition Regulations System; Defense Federal
Acquisition Regulation Supplement; Foreign Acquisition Procedures
AGENCY: Defense Acquisition Regulations System, 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 delete text addressing internal DoD
procedures pertaining to foreign
[[Page 3449]]
acquisition. This text will be relocated to the new DFARS companion
resource, Procedures, Guidance, and Information (PGI). The 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 March 24, 2006, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2005-D012,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2005-D012 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Amy Williams, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received will be posted without change to https://
www.regulations.gov, including any personal information provided.
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/dars/dfars/transformation/index.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed rule deletes DFARS text addressing internal
DoD procedures in the following areas:
DFARS 225.670-4--Processing of requests for waiver of foreign
source restrictions.
DFARS 225.871-4--Processing of requests for waiver under North
Atlantic Treaty Organization cooperative projects.
DFARS 225.7017-3--Preparation of determinations regarding award of
a contract for ballistic missile defense research, development, test,
and evaluation to a foreign source.
DFARS 225.7502--Application of the Balance of Payments Program to
an acquisition.
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 the proposed
rule addresses internal DoD procedural matters and 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 2005-D012.
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 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 225 as follows:
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
2. Section 225.670-4 is revised to read as follows:
225.670-4 Waivers.
The Secretary of Defense may waive this restriction on the basis of
national security interests. To request a waiver, follow the procedures
at PGI 225.670-4.
3. Section 225.871-4 is amended by revising paragraph (c) to read
as follows:
225.871-4 Statutory waivers.
* * * * *
(c) To request a waiver under a cooperative project, follow the
procedures at PGI 225.871-4.
* * * * *
4. Section 225.7017-3 is amended by revising paragraph (b) to read
as follows:
225.7017-3 Exceptions.
* * * * *
(b) If the head of the contracting activity certifies in writing,
before contract award, that a U.S. firm cannot competently perform a
contract for RDT&E at a price equal to or less than the price at which
a foreign government or firm would perform the RDT&E. The contracting
officer or source selection authority, as applicable, shall make a
determination, in accordance with PGI 225.7017-3(b), that will be the
basis for the certification.
5. Section 225.7502 is revised to read as follows:
225.7502 Procedures.
If the Balance of Payments Program applies to the acquisition,
follow the procedures at PGI 225.7502.
[FR Doc. E6-706 Filed 1-20-06; 8:45 am]
BILLING CODE 5001-08-P
