Defense Federal Acquisition Regulation Supplement; Construction Contracting, 9272-9273 [06-1631]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
A. Background
DEPARTMENT OF DEFENSE
DoD published an interim rule at 70
FR 43074 on July 26, 2005, to
implement section 819 of the National
Defense Authorization Act for Fiscal
Year 2005 (Pub. L. 108–375). Section
819 amended 10 U.S.C. 2325(a)(2) to
permit the Director of the Defense
Contract Management Agency to make
determinations of savings related to
contractor restructuring costs that are
expected to be less than $25 million
over a 5-year period. In addition, the
DFARS rule removed unnecessary
references to requirements for
certifications for business combinations
that occurred before November 1997;
and clarified requirements for projected
restructuring costs and savings to be
computed on a present value basis.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim 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.
Defense Acquisition Regulations
System
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 cost principle addressed in
this rule applies only to DoD contractors
that incur restructuring costs for
external restructuring activities.
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 231
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 231, which was
published at 70 FR 43074 on July 26,
2005, is adopted as a final rule without
change.
rwilkins on PROD1PC63 with RULES
I
[FR Doc. 06–1633 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
VerDate Aug<31>2005
16:10 Feb 22, 2006
Jkt 205001
48 CFR Part 236
[DFARS Case 2003–D034]
Defense Federal Acquisition
Regulation Supplement; Construction
Contracting
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
contracting for construction. 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: Mr.
Euclides Barrera, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0296;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D034.
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—
• Deletes DFARS text defining and
addressing the use of network analysis
systems, as this subject is addressed in
the United Facilities Guide
Specifications used by the military
departments in specifying construction
requirements; and
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
• Deletes DFARS text on distribution
and use of contractor performance
reports, handling of Government
estimates of construction costs, use of
bid schedules with additive or
deductive items, and technical working
agreements with foreign governments.
Text on these subjects 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 35605 on June 21, 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
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 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 236 is
amended as follows:
I 1. The authority citation for 48 CFR
part 236 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
236.102
[Amended]
2. Section 236.102 is amended by
removing paragraph (4) and
redesignating paragraph (5) as paragraph
(4).
I 3. Section 236.201 is amended by
revising paragraph (c) to read as follows:
I
236.201 Evaluation of contractor
performance.
*
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*
23FER1
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Rules and Regulations
(c) Follow the procedures at PGI
236.201(c) for distribution and use of
performance reports.
I 4. Section 236.203 is revised to read
as follows:
DATES:
Follow the procedures at PGI 236.203
for handling the Government estimate of
construction costs.
I 5. Section 236.213 is revised to read
as follows:
236.213 Special procedures for sealed
bidding in construction contracting.
If it appears that sufficient funds may
not be available for all the desired
construction features, consider using a
bid schedule with additive or deductive
items in accordance with PGI 236.213.
[Removed]
6. Sections 236.213–70 and 236.273
are removed.
I
236.274
[Redesignated]
7. Section 236.274 is redesignated as
section 236.273.
I 8. Newly designated section 236.273
is amended by revising paragraph (b) to
read as follows:
I
236.273
Construction in foreign countries.
*
*
*
*
*
(b) See PGI 236.273(b) for guidance on
technical working agreements with
foreign governments.
[FR Doc. 06–1631 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
[DFARS Case 2003–D050]
Defense Federal Acquisition
Regulation Supplement; Contractor
Insurance/Pension Reviews
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to
Government review of contractor
insurance programs, pension plans, and
other deferred compensation plans. This
rule is a result of a transformation
initiative undertaken by DoD to
dramatically change the purpose and
content of the DFARS.
VerDate Aug<31>2005
16:10 Feb 22, 2006
Jkt 205001
Ms.
Debra Overstreet, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0310;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D050.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
236.203 Government estimate of
construction costs.
236.213–70 and 236.273
Effective Date: February 23,
2006.
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
DFARS changes—
• Update and clarify requirements
and responsibilities for Government
review of a contractor’s insurance
programs, pension plans, and other
deferred compensation plans; and
• Delete text addressing procedural
matters relating to these reviews. 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 35606 on June 21, 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 contractor insurance/pension
review requirements apply primarily to
large business concerns.
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
9273
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, 48 CFR part 242 is
amended as follows:
I 1. The authority citation for 48 CFR
part 242 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.7300
[Removed]
2. Section 242.7300 is removed.
3. Sections 242.7301 through
242.7303 are revised to read as follows:
I
I
242.7301
General.
(a) The administrative contracting
officer (ACO) is responsible for
determining the allowability of
insurance/pension costs in Government
contracts and for determining the need
for a Contractor/Insurance Pension
Review (CIPR). Defense Contract
Management Agency (DCMA)
insurance/pension specialists and
Defense Contract Audit Agency (DCAA)
auditors assist ACOs in making these
determinations, conduct CIPRs when
needed, and perform other routine
audits as authorized under FAR 42.705
and 52.215–2. A CIPR is a DCMA/DCAA
joint review that—
(1) Provides an in-depth evaluation of
a contractor’s—
(i) Insurance programs;
(ii) Pension plans;
(iii) Other deferred compensation
plans; and
(iv) Related policies, procedures,
practices, and costs; or
(2) Concentrates on specific areas of
the contractor’s insurance programs,
pension plans, or other deferred
compensation plans.
(b) DCMA is the DoD Executive
Agency for the performance of all CIPRs.
(c) DCAA is the DoD agency
designated for the performance of
contract audit responsibilities related to
Cost Accounting Standards
administration as described in FAR
Subparts 30.2 and 30.6 as they relate to
a contractor’s insurance programs,
E:\FR\FM\23FER1.SGM
23FER1
]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Rules and Regulations]
[Pages 9272-9273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1631]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 236
[DFARS Case 2003-D034]
Defense Federal Acquisition Regulation Supplement; Construction
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
contracting for construction. 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: Mr. Euclides Barrera, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D034.
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--
Deletes DFARS text defining and addressing the use of
network analysis systems, as this subject is addressed in the United
Facilities Guide Specifications used by the military departments in
specifying construction requirements; and
Deletes DFARS text on distribution and use of contractor
performance reports, handling of Government estimates of construction
costs, use of bid schedules with additive or deductive items, and
technical working agreements with foreign governments. Text on these
subjects 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 35605 on June 21, 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 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 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 236 is amended as follows:
0
1. The authority citation for 48 CFR part 236 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.102 [Amended]
0
2. Section 236.102 is amended by removing paragraph (4) and
redesignating paragraph (5) as paragraph (4).
0
3. Section 236.201 is amended by revising paragraph (c) to read as
follows:
236.201 Evaluation of contractor performance.
* * * * *
[[Page 9273]]
(c) Follow the procedures at PGI 236.201(c) for distribution and
use of performance reports.
0
4. Section 236.203 is revised to read as follows:
236.203 Government estimate of construction costs.
Follow the procedures at PGI 236.203 for handling the Government
estimate of construction costs.
0
5. Section 236.213 is revised to read as follows:
236.213 Special procedures for sealed bidding in construction
contracting.
If it appears that sufficient funds may not be available for all
the desired construction features, consider using a bid schedule with
additive or deductive items in accordance with PGI 236.213.
236.213-70 and 236.273 [Removed]
0
6. Sections 236.213-70 and 236.273 are removed.
236.274 [Redesignated]
0
7. Section 236.274 is redesignated as section 236.273.
0
8. Newly designated section 236.273 is amended by revising paragraph
(b) to read as follows:
236.273 Construction in foreign countries.
* * * * *
(b) See PGI 236.273(b) for guidance on technical working agreements
with foreign governments.
[FR Doc. 06-1631 Filed 2-22-06; 8:45 am]
BILLING CODE 5001-08-P
