Defense Federal Acquisition Regulation Supplement; Contract Termination, 27644-27645 [06-4467]
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
Effective Date: May 12, 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.
SUPPLEMENTARY INFORMATION:
This final rule amends DFARS text as
follows:
• Section 222.101–3. Corrects a
typographical error in the final rule
published at 71 FR 18669 on April 12,
2006, under DFARS Case 2003–D019.
• Sections 232.7003 and 252.232–
7003. Updates the Internet address for
locating electronic data interchange
implementation guides. A
corresponding change is made to the
clause at 252.212–7001.
• Section 252.232–7007. Updates
cross-references to a paragraph that was
redesignated in the final rule published
at 71 FR 18671 on April 12, 2006, under
DFARS Case 1990–037.
DATES:
252.232–7003
FOR FURTHER INFORMATION CONTACT:
I
List of Subjects in 48 CFR Parts 222,
232, and 252
[Amended]
5. Section 252.232–7003 is amended
as follows:
I a. By revising the clause date to read
‘‘(MAY 2006)’’; and
I b. In paragraph (b)(3)(ii) by removing
‘‘https://www.dfas.mil/ecedi’’ and adding
in its place ‘‘https://www.dod.mil/dfas/’’.
252.232–7007
[Amended]
6. Section 252.232–7007 is amended
by revising the clause date and
Alternate I date to read ‘‘(MAY 2006)’’;
and by removing ‘‘paragraph (i)’’ and
adding in its place ‘‘paragraph (j)’’, in
the following locations:
I a. Paragraph (a), last sentence;
I b. Paragraph (c), first, second, and
third sentences; and
I c. Alternate I, paragraph (a), last
sentence.
I
[FR Doc. 06–4470 Filed 5–11–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Government procurement.
48 CFR Parts 225 and 249
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[DFARS Case 2003–D046]
Therefore, 48 CFR Parts 222, 232, and
252 are amended as follows:
I 1. The authority citation for 48 CFR
Parts 222, 232, and 252 continues to
read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 222—LABOR LAWS
222.101–3
Reporting labor disputes.
I 2. The heading of section 222.101–3 is
revised to read as set forth above.
PART 232—CONTRACT FINANCING
232.7003
[Amended]
3. Section 232.7003 is amended in
paragraph (a)(3) by removing ‘‘https://
www.dfas.mil/ecedi’’ and adding in its
place ‘‘https://www.dod.mil/dfas/’’.
I
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
[Amended]
4. Section 252.212–7001 is amended
as follows:
I a. By revising the clause date to read
‘‘(MAY 2006)’’; and
I b. In paragraph (b), in entry 252.232–
7003, by removing ‘‘(JAN 2004)’’ and
adding in its place ‘‘(MAY 2006)’’.
jlentini on PROD1PC65 with RULES
I
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
Defense Federal Acquisition
Regulation Supplement; Contract
Termination
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
termination of contracts. This rule is a
result of a transformation initiative
undertaken by DoD to dramatically
change the purpose and content of the
DFARS.
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–D046.
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
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
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—
• Relocate text on termination of
Canadian Commercial Corporation
contracts, from part 225, Foreign
Acquisition, to a more appropriate
location in part 249, Termination of
Contracts;
• Delete unnecessary crossreferences; and
• Delete text on preparation of
contract termination status reports,
completion of forms to document
termination settlements, preparation of
settlement negotiation memoranda, and
congressional notification of significant
contract terminations. 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 39980 on July 12, 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 termination of contracts.
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.
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
List of Subjects in 48 CFR Parts 225 and
249
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 249
are amended as follows:
I 1. The authority citation for 48 CFR
parts 225 and 249 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.870–6 is revised to read
as follows:
I
225.870–6
Termination procedures.
When contract termination is
necessary, follow the procedures at
249.7000.
249.7001 Congressional notification on
significant contract terminations.
PART 249—TERMINATION OF
CONTRACTS
3. Sections 249.105–1 and 249.105–2
are revised to read as follows:
I
249.105–1
Termination status reports.
Follow the procedures at PGI
249.105–1 for reporting status of
termination actions.
249.105–2
Release of excess funds.
See PGI 249.105–2 for guidance on
recommending the release of excess
funds.
249.106 through 249.108–4
(e) The Canadian Commercial
Corporation will continue administering
contracts that the U.S. contracting
officer terminates.
(f) The Canadian Commercial
Corporation will settle all Canadian
subcontracts in accordance with the
policies, practices, and procedures of
the Canadian Government.
(g) The U.S. agency administering the
contract with the Canadian Commercial
Corporation shall provide any services
required by the Canadian Commercial
Corporation, including disposal of
inventory, for settlement of any
subcontracts placed in the United
States. Settlement of such U.S.
subcontracts will be in accordance with
this regulation.
I 7. Section 249.7001 is revised to read
as follows:
Congressional notification is required
for any termination involving a
reduction in employment of 100 or more
contractor employees. Proposed
terminations must be cleared through
department/agency liaison offices before
release of the termination notice, or any
information on the proposed
termination, to the contractor. Follow
the procedures at PGI 249.7001 for
congressional notification and release of
information.
[FR Doc. 06–4467 Filed 5–11–06; 8:45 am]
BILLING CODE 5001–08–P
[Removed]
4. Sections 249.106 through 249.108–
4 are removed.
I 5. Sections 249.109–7 and 249.110 are
revised to read as follows:
DEPARTMENT OF DEFENSE
249.109–7
48 CFR Part 239
I
Settlement by determination.
Follow the procedures at PGI
249.109–7 for settlement of a
convenience termination by
determination.
[DFARS Case 2003–D056]
Defense Federal Acquisition
Regulation Supplement; Basic
Agreements for Telecommunications
Services
249.110 Settlement negotiation
memorandum.
Follow the procedures at PGI 249.110
for preparation of a settlement
negotiation memorandum.
I 6. Section 249.7000 is amended by
revising paragraph (a)(3) and adding
paragraphs (e) through (g) to read as
follows:
jlentini on PROD1PC65 with RULES
249.7000 Terminated contracts with
Canadian Commercial Corporation.
(a) * * *
(3) The Canadian Supply Manual,
Chapter 11, Section 11.146, available at
https://www.pwgsc.gc.ca/acquisitions/
text/sm/sm-e.html.
*
*
*
*
*
VerDate Aug<31>2005
16:08 May 11, 2006
Jkt 208001
Defense Acquisition Regulations
System
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 basic agreements in the
acquisition of telecommunications
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: May 12, 2006.
PO 00000
Frm 00063
Fmt 4700
Sfmt 4700
27645
Ms.
Gabrielle Ward, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–2022;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D056.
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 deletes procedures at DFARS
239.7407–1 and 239.7407–2 regarding
the use of basic agreements and
communication service authorizations
for the acquisition of
telecommunications services. Text on
this subject 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 69
FR 67883 on November 22, 2004. One
source submitted comments on the
proposed rule. The respondent
recommended retention of the DFARS
text on communication service
authorizations, as the respondent
believed that relocation of this text to
PGI would eliminate DoD’s regulatory
authority to issue communication
service authorizations. DoD disagrees
with the respondent’s position.
Consistent with the definition of PGI at
DFARS 202.101, the rule relocates
internal DoD procedures regarding the
use of communication service
authorizations to PGI. However, the rule
retains a policy statement in DFARS
239.7407 that provides the regulatory
authority for issuance of communication
service authorizations. 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
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27644-27645]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4467]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 249
[DFARS Case 2003-D046]
Defense Federal Acquisition Regulation Supplement; Contract
Termination
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
termination of contracts. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
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-D046.
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 DFARS changes--
Relocate text on termination of Canadian Commercial
Corporation contracts, from part 225, Foreign Acquisition, to a more
appropriate location in part 249, Termination of Contracts;
Delete unnecessary cross-references; and
Delete text on preparation of contract termination status
reports, completion of forms to document termination settlements,
preparation of settlement negotiation memoranda, and congressional
notification of significant contract terminations. 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 39980 on July 12, 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 termination of contracts.
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.
[[Page 27645]]
List of Subjects in 48 CFR Parts 225 and 249
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 225 and 249 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 249 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Section 225.870-6 is revised to read as follows:
225.870-6 Termination procedures.
When contract termination is necessary, follow the procedures at
249.7000.
PART 249--TERMINATION OF CONTRACTS
0
3. Sections 249.105-1 and 249.105-2 are revised to read as follows:
249.105-1 Termination status reports.
Follow the procedures at PGI 249.105-1 for reporting status of
termination actions.
249.105-2 Release of excess funds.
See PGI 249.105-2 for guidance on recommending the release of
excess funds.
249.106 through 249.108-4 [Removed]
0
4. Sections 249.106 through 249.108-4 are removed.
0
5. Sections 249.109-7 and 249.110 are revised to read as follows:
249.109-7 Settlement by determination.
Follow the procedures at PGI 249.109-7 for settlement of a
convenience termination by determination.
249.110 Settlement negotiation memorandum.
Follow the procedures at PGI 249.110 for preparation of a
settlement negotiation memorandum.
0
6. Section 249.7000 is amended by revising paragraph (a)(3) and adding
paragraphs (e) through (g) to read as follows:
249.7000 Terminated contracts with Canadian Commercial Corporation.
(a) * * *
(3) The Canadian Supply Manual, Chapter 11, Section 11.146,
available at https://www.pwgsc.gc.ca/acquisitions/text/sm/sm-e.html.
* * * * *
(e) The Canadian Commercial Corporation will continue administering
contracts that the U.S. contracting officer terminates.
(f) The Canadian Commercial Corporation will settle all Canadian
subcontracts in accordance with the policies, practices, and procedures
of the Canadian Government.
(g) The U.S. agency administering the contract with the Canadian
Commercial Corporation shall provide any services required by the
Canadian Commercial Corporation, including disposal of inventory, for
settlement of any subcontracts placed in the United States. Settlement
of such U.S. subcontracts will be in accordance with this regulation.
0
7. Section 249.7001 is revised to read as follows:
249.7001 Congressional notification on significant contract
terminations.
Congressional notification is required for any termination
involving a reduction in employment of 100 or more contractor
employees. Proposed terminations must be cleared through department/
agency liaison offices before release of the termination notice, or any
information on the proposed termination, to the contractor. Follow the
procedures at PGI 249.7001 for congressional notification and release
of information.
[FR Doc. 06-4467 Filed 5-11-06; 8:45 am]
BILLING CODE 5001-08-P
