Defense Federal Acquisition Regulation Supplement; Authorization for Continued Contracts, 27640-27641 [06-4465]
Download as PDF
<![CDATA[
27640
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
(a) Identifies and collects accurate
inventory, cost, and use data;
(b) Provides the information necessary
to satisfy both internal and external
reporting requirements;
(c) Collects all costs incurred in the
operation, maintenance, acquisition,
and disposition of motor vehicles used
for official purposes; and
(d) Is capable of providing the data
required for external reporting, such as
FAST (see § 102–34.346).
[FR Doc. 06–4430 Filed 5–11–06; 8:45 am]
BILLING CODE 6820–14–S
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 204
[DFARS Case 2003–D052]
Defense Federal Acquisition
Regulation Supplement; Authorization
for Continued Contracts
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 add policy permitting the
assignment of an additional
identification number to an existing
contract for administrative purposes.
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: May 12, 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–D052.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
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
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
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 permits DoD contracting activities
to assign an additional identification
number to an existing contract by
issuing a separate ‘‘continued’’ contract,
when continued performance under the
existing contract number is not practical
for administrative reasons. The
continued contract will incorporate all
prices, terms, and conditions of the
predecessor contract. Use of this
procedure is expected to be limited, but
will help to simplify administration,
payment, and closeout of lengthy,
complex contracts; and will help in
situations where a contracting activity
has exhausted its assigned series of
identification numbers for orders placed
against another activity’s contract.
DoD published a proposed rule at 70
FR 23826 on May 5, 2005. One DoD
contracting activity submitted
comments requesting clarification of
administrative matters pertaining to the
Government’s execution of this new
procedure. A new section has been
added to the DFARS companion
resource, Procedures, Guidance, and
Information (PGI), at PGI 204.7001
(https://www.acq.osd.mil/dpap/dars/
pgi), to provide supplemental guidance
to contracting officers regarding use of
this procedure.
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 addresses an
administrative procedure that is
performed by the Government. A
continued contract does not constitute a
new procurement and will incorporate
all prices, terms, and conditions of the
predecessor contract.
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.
PO 00000
Frm 00058
Fmt 4700
Sfmt 4700
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
PART 204—ADMINISTRATIVE
MATTERS
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.
2. Section 204.7001 is revised to read
as follows:
I
204.7001
Policy.
(a) Use the uniform procurement
instrument identification (PII)
numbering system prescribed by this
subpart for the solicitation/contract
instruments described in 204.7003 and
204.7004.
(b) Retain the basic PII number
unchanged for the life of the instrument
unless the conditions in paragraph (c) of
this section exist.
(c)(1) If continued performance under
a contract number is not possible or is
not in the Government’s best interest
solely for administrative reasons (e.g.,
when the supplementary PII serial
numbering system is exhausted or for
lengthy major systems contracts with
multiple options), the contracting officer
may assign an additional PII number by
issuing a separate continued contract to
permit continued contract performance.
(2) A continued contract—
(i) Does not constitute a new
procurement;
(ii) Incorporates all prices, terms, and
conditions of the predecessor contract
effective at the time of issuance of the
continued contract;
(iii) Operates as a separate contract
independent of the predecessor contract
once issued; and
(iv) Shall not evade competition,
expand the scope of work, or extend the
period of performance beyond that of
the predecessor contract.
(3) When issuing a continued
contract, the contracting officer shall—
(i) Issue an administrative
modification to the predecessor contract
to clearly state that—
(A) Any future awards provided for
under the terms of the predecessor
contract (e.g., issuance of orders or
exercise of options) will be
accomplished under the continued
contract; and
(B) Supplies and services already
acquired under the predecessor contract
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
shall remain solely under that contract
for purposes of Government inspection,
acceptance, payment, and closeout; and
(ii) Follow the procedures at PGI
204.7001(c).
[FR Doc. 06–4465 Filed 5–11–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211 and 252
[DFARS Case 2003–D073]
Defense Federal Acquisition
Regulation Supplement; Describing
Agency Needs
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
use of specifications, standards, and
data item descriptions in solicitations
and 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: May 12, 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–D073.
SUPPLEMENTARY INFORMATION:
jlentini on PROD1PC65 with RULES
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.
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
This final rule is a result of the
DFARS Transformation initiative. The
DFARS changes—
• Update references to the DoD 5000
series publications and the DoD
database for specifications, standards,
and data item descriptions; and
• Delete procedures for use of
specifications, standards, and data item
descriptions and for use of Single
Process Initiative processes instead of
military or Federal specifications and
standards. Text on these subjects 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 35602 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 policy
regarding the use of requirements
documents in solicitations and
contracts.
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 Parts 211 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
I 1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
2. Section 211.002 is revised to read
as follows:
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
Policy.
All defense technology and
acquisition programs in DoD are subject
to the policies and procedures in DoDD
5000.1, The Defense Acquisition
System, and DoDI 5000.2, Operation of
the Defense Acquisition System.
I 3. Sections 211.201 and 211.204 are
revised to read as follows:
211.201 Identification and availability
of specifications.
Follow the procedures at PGI 211.201
for use of specifications, standards, and
data item descriptions.
211.204 Solicitation provisions and
contract clauses.
(c) When contract performance
requires use of specifications, standards,
and data item descriptions that are not
listed in the Acquisition Streamlining
and Standardization Information System
database, use provisions, as appropriate,
substantially the same as those at—
(i) 252.211–7001, Availability of
Specifications, Standards, and Data Item
Descriptions Not Listed in the
Acquisition Streamlining and
Standardization Information System
(ASSIST), and Plans, Drawings, and
Other Pertinent Documents; and
(ii) 252.211–7002, Availability for
Examination of Specifications,
Standards, Plans, Drawings, Data Item
Descriptions, and Other Pertinent
Documents.
211.273–2
[Amended]
4. Section 211.273–2 is amended in
paragraph (c) by removing ‘‘(see
211.273–3(c))’’.
I 5. Section 211.273–3 is revised to read
as follows:
I
C. Paperwork Reduction Act
I
211.002
27641
211.273–3
Procedures.
Follow the procedures at PGI
211.273–3 for encouraging the use of
SPI processes instead of military or
Federal specifications and standards.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Section 252.211–7001 is amended
by revising the section heading, clause
title, and clause date to read as follows:
I
252.211–7001 Availability of
Specifications, Standards, and Data
Item Descriptions Not Listed in the
Acquisition Streamlining and
Standardization Information System
(ASSIST), and Plans, Drawings, and
Other Pertinent Documents.
*
E:\FR\FM\12MYR1.SGM
*
*
12MYR1
*
*
]]>Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27640-27641]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4465]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
[DFARS Case 2003-D052]
Defense Federal Acquisition Regulation Supplement; Authorization
for Continued Contracts
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 add policy permitting the
assignment of an additional identification number to an existing
contract for administrative purposes. 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: May 12, 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-D052.
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 permits DoD contracting activities to assign an additional
identification number to an existing contract by issuing a separate
``continued'' contract, when continued performance under the existing
contract number is not practical for administrative reasons. The
continued contract will incorporate all prices, terms, and conditions
of the predecessor contract. Use of this procedure is expected to be
limited, but will help to simplify administration, payment, and
closeout of lengthy, complex contracts; and will help in situations
where a contracting activity has exhausted its assigned series of
identification numbers for orders placed against another activity's
contract.
DoD published a proposed rule at 70 FR 23826 on May 5, 2005. One
DoD contracting activity submitted comments requesting clarification of
administrative matters pertaining to the Government's execution of this
new procedure. A new section has been added to the DFARS companion
resource, Procedures, Guidance, and Information (PGI), at PGI 204.7001
(https://www.acq.osd.mil/dpap/dars/pgi), to provide supplemental
guidance to contracting officers regarding use of this procedure.
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 addresses an administrative procedure that is
performed by the Government. A continued contract does not constitute a
new procurement and will incorporate all prices, terms, and conditions
of the predecessor contract.
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:
PART 204--ADMINISTRATIVE MATTERS
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.
0
2. Section 204.7001 is revised to read as follows:
204.7001 Policy.
(a) Use the uniform procurement instrument identification (PII)
numbering system prescribed by this subpart for the solicitation/
contract instruments described in 204.7003 and 204.7004.
(b) Retain the basic PII number unchanged for the life of the
instrument unless the conditions in paragraph (c) of this section
exist.
(c)(1) If continued performance under a contract number is not
possible or is not in the Government's best interest solely for
administrative reasons (e.g., when the supplementary PII serial
numbering system is exhausted or for lengthy major systems contracts
with multiple options), the contracting officer may assign an
additional PII number by issuing a separate continued contract to
permit continued contract performance.
(2) A continued contract--
(i) Does not constitute a new procurement;
(ii) Incorporates all prices, terms, and conditions of the
predecessor contract effective at the time of issuance of the continued
contract;
(iii) Operates as a separate contract independent of the
predecessor contract once issued; and
(iv) Shall not evade competition, expand the scope of work, or
extend the period of performance beyond that of the predecessor
contract.
(3) When issuing a continued contract, the contracting officer
shall--
(i) Issue an administrative modification to the predecessor
contract to clearly state that--
(A) Any future awards provided for under the terms of the
predecessor contract (e.g., issuance of orders or exercise of options)
will be accomplished under the continued contract; and
(B) Supplies and services already acquired under the predecessor
contract
[[Page 27641]]
shall remain solely under that contract for purposes of Government
inspection, acceptance, payment, and closeout; and
(ii) Follow the procedures at PGI 204.7001(c).
[FR Doc. 06-4465 Filed 5-11-06; 8:45 am]
BILLING CODE 5001-08-P
