Defense Federal Acquisition Regulation Supplement; Uniform Contract Line Item Numbering, 9268-9269 [06-1630]
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9268
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
• Deletes unnecessary crossreferences at DFARS 204.402(1) and
204.902(b).
• Deletes text on security
requirements and IRS reporting
requirements at DFARS 204.402(2) and
204.904, respectively, as these
requirements are adequately addressed
in the FAR or elsewhere in the DFARS.
DoD published a proposed rule at 70
FR 19037 on April 12, 2005. DoD
received comments from one
respondent. The respondent agreed with
the proposed change to DFARS 204.101,
Contracting officer’s signature, and the
deletion of DFARS 204.904, Reporting
payment information to the IRS.
However, the respondent disagreed with
deletion of the text at DFARS 204.402
addressing the contractor’s obligations
regarding the protection of a DoD
employee’s work product. The
respondent stated that deletion of this
text could lead contractor personnel to
believe that a contractor’s procedures
trump the security requirements of a
DoD employee. DoD does not believe
that deletion of the text at DFARS
204.402 will present such a problem,
because the clause at DFARS 252.204–
7003, Control of Government Personnel
Work Product, contains similar text, and
that clause is included in all
solicitations and contracts in
accordance with DFARS 204.404–70(b).
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.
rwilkins on PROD1PC63 with RULES
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.
VerDate Aug<31>2005
16:10 Feb 22, 2006
Jkt 205001
List of Subjects in 48 CFR Part 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 204 is
amended as follows:
I 1. The authority citation for 48 CFR
part 204 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Section 204.101 is revised to read
as follows:
I
204.101
Contracting officer’s signature.
Follow the procedures at PGI 204.101
for signature of contract documents.
I 3. Section 204.402 is revised to read
as follows:
204.402
General.
DoD employees or members of the
Armed Forces who are assigned to or
visiting a contractor facility and are
engaged in oversight of an acquisition
program will retain control of their work
products, both classified and
unclassified.
204.902
[Amended]
4. Section 204.902 is amended in
paragraph (b) by removing the
parenthetical ‘‘(see 204.670)’’.
I
204.904
I
[Removed]
5. Section 204.904 is removed.
[FR Doc. 06–1634 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 204
[DFARS Case 2003–D082]
Defense Federal Acquisition
Regulation Supplement; Uniform
Contract Line Item Numbering
Defense Acquisition Regulation
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 addressing
uniform line item numbering in DoD
contracts. This rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
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Fmt 4700
Sfmt 4700
DATES:
Effective Date: February 23,
2006.
Ms.
Deborah Tronic, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0289;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D082.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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:
• Eliminates certain exceptions to
requirements for uniform contract line
item numbering at DFARS 204.7102, to
promote standardization in contract
writing; and
• Deletes procedures for use and
numbering of contract exhibits and
attachments at DFARS 204.7105. This
text has been relocated to the new
DFARS companion resource,
Procedures, Guidance, and Information,
available at https://www.acq.osd.mil/
dpap/dars/pgi.
DoD published a proposed rule at 70
FR 19036 on April 12, 2005. Two
respondents submitted comments on the
proposed rule. A discussion of the
comments follows:
1. Comment: DoD should not
eliminate the option of using exhibits
and attachments, as these are useful
tools for the contracting officer.
DoD Response: The rule does not
eliminate the use of exhibits and
attachments. They are still permitted
and are addressed in Subpart 204.71 of
the DFARS companion resource,
Procedures, Guidance, and Information.
2. Comment: DoD should add
guidance on the structuring of contract
line items and subline items under
performance-based contracts.
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
212.301
[Amended]
DoD Response: The recommendation
is considered to be outside the scope of
this DFARS case. Therefore, DoD has
made no change to the rule as a result
of this comment.
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.
against which posts, camps, and stations
issue delivery orders for products to be
consumed by them; or
(2) The contract is a communications
service authorization issued by the
Defense Information Systems Agency’s
Defense Information Technology
Contracting Organization.
3. Section 204.7105 is revised to read
as follows:
DEPARTMENT OF DEFENSE
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 pertains only to DoD
administrative procedures for
numbering of contract line items,
exhibits, and attachments.
204.7105 Contract exhibits and
attachments.
Defense Acquisition Regulations
System
Follow the procedures at PGI
204.7105 for use and numbering of
contract exhibits and attachments.
48 CFR Parts 225 and 252
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.
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 204
Government procurement.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendment
Final rule.
Effective Date: February 23,
2006.
Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0311;
facsimile (703) 602–0350.
FOR FURTHER INFORMATION CONTACT:
2. Section 204.7102 is revised to read
as follows:
I
Policy.
(a) The numbering procedures of this
subpart shall apply to all—
(1) Solicitations;
(2) Solicitation line and subline item
numbers;
(3) Contracts as defined in FAR
Subpart 2.1;
(4) Contract line and subline item
numbers;
(5) Exhibits;
(6) Exhibit line and subline items; and
(7) Any other document expected to
become part of the contract.
(b) The numbering procedures are
mandatory for all contracts where
separate contract line item numbers are
assigned, unless—
(1) The contract is an indefinitedelivery type for petroleum products
Jkt 208001
48 CFR Part 212
DATES:
PART 204—ADMINISTRATIVE
MATTERS
17:07 Feb 22, 2006
DEPARTMENT OF DEFENSE
SUMMARY: DoD is making a technical
amendment to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update a cross-reference
within the DFARS text.
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
VerDate Aug<31>2005
BILLING CODE 5001–08–P
ACTION:
Therefore, 48 CFR Part 204 is
amended as follows:
I 1. The authority citation for 48 CFR
Part 204 continues to read as follows:
204.7102
[FR Doc. 06–1630 Filed 2–22–06; 8:45 am]
Defense Acquisition
Regulations System, Department of
Defense (DoD).
I
2. Section 212.301 is amended in
paragraph (f)(ii), in the second sentence,
by removing ‘‘(see 225.770–3)’’ and
adding in its place ‘‘(see 225.670–3)’’.
I
[FR Doc. 06–1639 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
I
AGENCY:
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
rwilkins on PROD1PC63 with RULES
9269
List of Subjects in 48 CFR Part 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
I
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PO 00000
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RIN 0750–AF29
Defense Federal Acquisition
Regulation Supplement; Trade
Agreements Thresholds and Morocco
Free Trade Agreement (DFARS Case
2005–D017)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to incorporate increased
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative. The
rule also implements a new Free Trade
Agreement with Morocco and amends
the list of end products that are subject
to trade agreements.
DATES: Effective Date: February 23,
2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before April 24, 2006, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D017,
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–D017 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.
E:\FR\FM\23FER1.SGM
23FER1
]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9268-9269]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1630]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
[DFARS Case 2003-D082]
Defense Federal Acquisition Regulation Supplement; Uniform
Contract Line Item Numbering
AGENCY: Defense Acquisition Regulation 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 addressing
uniform line item numbering in DoD contracts. 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: February 23, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0289; facsimile (703) 602-0350. Please cite DFARS Case 2003-D082.
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:
Eliminates certain exceptions to requirements for uniform
contract line item numbering at DFARS 204.7102, to promote
standardization in contract writing; and
Deletes procedures for use and numbering of contract
exhibits and attachments at DFARS 204.7105. This text has been
relocated to the new DFARS companion resource, Procedures, Guidance,
and Information, available at https://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70 FR 19036 on April 12, 2005. Two
respondents submitted comments on the proposed rule. A discussion of
the comments follows:
1. Comment: DoD should not eliminate the option of using exhibits
and attachments, as these are useful tools for the contracting officer.
DoD Response: The rule does not eliminate the use of exhibits and
attachments. They are still permitted and are addressed in Subpart
204.71 of the DFARS companion resource, Procedures, Guidance, and
Information.
2. Comment: DoD should add guidance on the structuring of contract
line items and subline items under performance-based contracts.
[[Page 9269]]
DoD Response: The recommendation is considered to be outside the
scope of this DFARS case. Therefore, DoD has made no change to the rule
as a result of this comment.
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 pertains only to DoD administrative procedures for
numbering of contract line items, exhibits, and attachments.
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 204
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 204 is amended as follows:
0
1. The authority citation for 48 CFR Part 204 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Section 204.7102 is revised to read as follows:
204.7102 Policy.
(a) The numbering procedures of this subpart shall apply to all--
(1) Solicitations;
(2) Solicitation line and subline item numbers;
(3) Contracts as defined in FAR Subpart 2.1;
(4) Contract line and subline item numbers;
(5) Exhibits;
(6) Exhibit line and subline items; and
(7) Any other document expected to become part of the contract.
(b) The numbering procedures are mandatory for all contracts where
separate contract line item numbers are assigned, unless--
(1) The contract is an indefinite-delivery type for petroleum
products against which posts, camps, and stations issue delivery orders
for products to be consumed by them; or
(2) The contract is a communications service authorization issued
by the Defense Information Systems Agency's Defense Information
Technology Contracting Organization.
0
3. Section 204.7105 is revised to read as follows:
204.7105 Contract exhibits and attachments.
Follow the procedures at PGI 204.7105 for use and numbering of
contract exhibits and attachments.
[FR Doc. 06-1630 Filed 2-22-06; 8:45 am]
BILLING CODE 5001-08-P
