Defense Federal Acquisition Regulation Supplement; Required Sources of Supply, 39004-39005 [E6-10873]

Download as PDF 39004 * * Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations * * * [FR Doc. 06–6085 Filed 7–10–06; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 208, 225, 252, 253, and Chapter 2 [DFARS Case 2003–D072] Defense Federal Acquisition Regulation Supplement; Required Sources of Supply Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text addressing acquisitions made through Government supply sources. 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: July 11, 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–D072. SUPPLEMENTARY INFORMATION: SUMMARY: rmajette on PROD1PC67 with RULES1 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— VerDate Aug<31>2005 15:14 Jul 10, 2006 Jkt 208001 Æ Delete informational text on GSA Federal Supply Schedules that is unnecessary for inclusion in the DFARS; Æ Delete text on the Defense National Stockpile and the acquisition of helium. These issues are adequately addressed in the Federal Acquisition Regulation at 8.003 and Subpart 8.5; Æ Delete obsolete text on the DoD Industrial Preparedness Production Planning Program. There is no longer a DoD-wide Program; and Æ Delete procedures for ordering from central nonprofit agencies; for acquisition of items under the DoD Coordinated Acquisition Program; for contracting or performing field service functions for NASA; for use of the DoD Precious Metals Recovery Program; and for use of enterprise software agreements for acquiring commercial software and related services. Text on these subjects has been relocated to the 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 73187 on December 9, 2005. One source submitted comments on the proposed rule. That source recommended establishment of separate Federal supply class (FSC) commodity codes for Americans with Disabilities Act (ADA) and Occupational Safety and Health Administration (OSHA) compliant products, to distinguish the ADA or OSHA compliant products from similar products that are not ADA or OSHA compliant (e.g., ramps, landings, steps, decks). Although DoD includes certain FSC commodity codes in its publications, the codes are established and maintained by the General Services Administration (GSA). Therefore, DoD has forwarded the respondent’s recommendation to GSA for consideration. DoD has adopted the proposed rule as a final rule, with an additional change at DFARS 225.7005– 1 to remove a reference to DFARS Subpart 208.72, which has been eliminated by this rule. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. C. Paperwork Reduction Act 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 deletes obsolete, unnecessary, or procedural DFARS text, but makes no significant change to DoD contracting policy. See PGI 208.7002–1 for the acquiring department’s responsibilities. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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 208, 225, 252, and 253 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 208, 225, 252, and 253 and Appendix B to Chapter 2 are amended as follows: I 1. The authority citation for 48 CFR parts 208, 225, 252, and 253 and Appendix B to subchapter I continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 208—REQUIRED SOURCES OF SUPPLIES AND SERVICES 2. Section 208.002 is revised to read as follows: I 208.002 Priorities for use of Government supply sources. (a)(1)(v) See Subpart 208.70, Coordinated Acquisition, and Subpart 208.74, Enterprise Software Agreements. 208.003 [Removed] 3. Section 208.003 is removed. 4. Section 208.705 is revised to read as follows: I I 208.705 Procedures. Follow the procedures at PGI 208.705 when placing orders with central nonprofit agencies. 208.7000 [Amended] 5. Section 208.7000 is amended in paragraph (a), in the parenthetical, by removing ‘‘appendix B’’ and adding in its place ‘‘PGI 208.7006’’. I 6. Sections 208.7002–1 and 208.7002– 2 are revised to read as follows: I 208.7002–1 Acquiring department responsibilities. 208.7002–2 Requiring department responsibilities. See PGI 208.7002–2 for the requiring department’s responsibilities. I 7. Section 208.7003–1 is amended by revising paragraph (a) introductory text and paragraph (b) to read as follows: E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations 208.7003–1 Assignments under integrated materiel management (IMM). (a) Acquire all items assigned for IMM from the IMM manager except— * * * * * (b) Follow the procedures at PGI 208.7003–1(b) when an item assigned for IMM is to be acquired by the requiring department in accordance with paragraph (a)(3) of this subsection. I 8. Section 208.7004 is revised to read as follows: 208.7004 208.7302 15. Section 208.7302 is amended in the first sentence by removing ‘‘(PMRP)’’. I 16. Sections 208.7303 and 208.7304 are revised to read as follows: I 208.7303 208.7401 [Amended] Follow the procedures at— (a) PGI 253.208–1 when using DD Form 448, Military Interdepartmental Purchase Request; and (b) PGI 253.208–2 when using DD Form 448–2, Acceptance of MIPR. 208.7006 Coordinated acquisition assignments. See PGI 208.7006 for coordinated acquisition assignments. I 11. Sections 208.7101 and 208.7102 are revised to read as follows: [Removed] 12. Sections 208.7103 through 208.7105 are removed. I [Removed and 13. Subpart 208.72 is removed and reserved. [Amended] 19. Section 225.7005–1 is amended in the introductory text by removing ‘‘(see subpart 208.72)’’. I 20. Section 252.225–7025 is amended by revising the clause date and paragraph (a)(1) to read as follows: 14. Section 208.7301 is amended by removing the definitions of ‘‘Dual pricing evaluation procedure’’ and ‘‘Precious Metals Indicator Code (PMIC)’’. I 16:40 Jul 10, 2006 252.225–7025 forgings. * * * Restriction on acquisition of * * Restriction on Acquisition of Forgings (Jul 2006) (a) * * * (1) Domestic manufacture means— (i) Manufactured in the United States or its outlying areas; or (ii) Manufactured in Canada, if the Canadian firm normally produces similar items or is currently producing the item in support of DoD contracts (as a contractor or a subcontractor). * * * * PART 253—FORMS 21. Sections 253.208–1 and 253.208– 2 are revised to read as follows: I [Amended] VerDate Aug<31>2005 225.7005–1 * I 208.7301 PART 225—FOREIGN ACQUISITION I Departments and agencies shall cooperate fully with NASA in making acquisition services, equipment, personnel, and facilities available on the basis of mutual agreement. Subpart 208.72 Reserved] Acquisition procedures. Follow the procedures at PGI 208.7403 when acquiring commercial software and related services. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Policy. 208.7103 through 208.7105 Jkt 208001 BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Defense Federal Acquisition Regulation Supplement; Relocation of Subpart 225.6 to 225.76 208.7403 208.7005 Military interdepartmental purchase requests. Follow the procedures at PGI 208.7102 when contracting or performing services for NASA. [FR Doc. E6–10873 Filed 7–10–06; 8:45 am] 18. Section 208.7403 is revised to read as follows: I Procedures. Appendix B to Chapter 2 [Removed and Reserved] 48 CFR Parts 212, 225, and 252 9. Sections 208.7004–1 through 208.7004–10 are removed. I 10. Sections 208.7005 and 208.7006 are revised to read as follows: I rmajette on PROD1PC67 with RULES1 Refined precious metals. I 208.7102 Follow the procedures at PGI 253.208–2 for use of DD Form 448–2. 17. Section 208.7401 is amended by removing the definitions of ‘‘Golden Disk’’ and ‘‘Software product manager’’. 208.7004–1 through 208.7004–10 [Removed] 208.7101 DD Form 448–2, Acceptance of 22. Appendix B to Chapter 2 is removed and reserved. See PGI 208.7304 for a list of refined precious metals managed by DSCP. Follow the procedures at PGI 208.7004 for processing coordinated acquisition requirements. 253.208–2 MIPR. I Procedures. Follow the procedures at PGI 208.7303 for use of the Precious Metals Recovery Program. 208.7304 Procedures. [Amended] 39005 253.208–1 DD Form 448, Military Interdepartmental Purchase Request. Follow the procedures at PGI 253.208–1 for use of DD Form 448. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 [DFARS Case 2006–D003] 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 relocate text addressing trade sanctions, to reflect the removal of the corresponding subpart of the Federal Acquisition Regulation. EFFECTIVE DATE: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2006–D003. SUPPLEMENTARY INFORMATION: A. Background Item VII of Federal Acquisition Circular 2005–09, published at 71 FR 20305 on April 19, 2006, removed FAR Subpart 25.6, Trade Sanctions. Therefore, this final rule removes the corresponding DFARS subpart. The text formerly included in DFARS Subpart 225.6, addressing DoD statutory restrictions relating to the Secondary Arab Boycott of Israel, is relocated to a new DFARS Subpart 225.76 with no substantive change in content. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on E:\FR\FM\11JYR1.SGM 11JYR1

Agencies

[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39004-39005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10873]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 208, 225, 252, 253, and Chapter 2

[DFARS Case 2003-D072]


Defense Federal Acquisition Regulation Supplement; Required 
Sources of Supply

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 addressing 
acquisitions made through Government supply sources. 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: July 11, 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-D072.

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--
    [cir] Delete informational text on GSA Federal Supply Schedules 
that is unnecessary for inclusion in the DFARS;
    [cir] Delete text on the Defense National Stockpile and the 
acquisition of helium. These issues are adequately addressed in the 
Federal Acquisition Regulation at 8.003 and Subpart 8.5;
    [cir] Delete obsolete text on the DoD Industrial Preparedness 
Production Planning Program. There is no longer a DoD-wide Program; and
    [cir] Delete procedures for ordering from central nonprofit 
agencies; for acquisition of items under the DoD Coordinated 
Acquisition Program; for contracting or performing field service 
functions for NASA; for use of the DoD Precious Metals Recovery 
Program; and for use of enterprise software agreements for acquiring 
commercial software and related services. Text on these subjects has 
been relocated to the 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 73187 on December 9, 2005. 
One source submitted comments on the proposed rule. That source 
recommended establishment of separate Federal supply class (FSC) 
commodity codes for Americans with Disabilities Act (ADA) and 
Occupational Safety and Health Administration (OSHA) compliant 
products, to distinguish the ADA or OSHA compliant products from 
similar products that are not ADA or OSHA compliant (e.g., ramps, 
landings, steps, decks). Although DoD includes certain FSC commodity 
codes in its publications, the codes are established and maintained by 
the General Services Administration (GSA). Therefore, DoD has forwarded 
the respondent's recommendation to GSA for consideration. DoD has 
adopted the proposed rule as a final rule, with an additional change at 
DFARS 225.7005-1 to remove a reference to DFARS Subpart 208.72, which 
has been eliminated by this rule.
    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 deletes obsolete, unnecessary, or procedural 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 Parts 208, 225, 252, and 253

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 208, 225, 252, and 253 and Appendix B to 
Chapter 2 are amended as follows:
0
1. The authority citation for 48 CFR parts 208, 225, 252, and 253 and 
Appendix B to subchapter I continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
2. Section 208.002 is revised to read as follows:


208.002  Priorities for use of Government supply sources.

    (a)(1)(v) See Subpart 208.70, Coordinated Acquisition, and Subpart 
208.74, Enterprise Software Agreements.


208.003  [Removed]

0
3. Section 208.003 is removed.

0
4. Section 208.705 is revised to read as follows:


208.705  Procedures.

    Follow the procedures at PGI 208.705 when placing orders with 
central nonprofit agencies.


208.7000  [Amended]

0
5. Section 208.7000 is amended in paragraph (a), in the parenthetical, 
by removing ``appendix B'' and adding in its place ``PGI 208.7006''.

0
6. Sections 208.7002-1 and 208.7002-2 are revised to read as follows:


208.7002-1   Acquiring department responsibilities.

    See PGI 208.7002-1 for the acquiring department's responsibilities.


208.7002-2   Requiring department responsibilities.

    See PGI 208.7002-2 for the requiring department's responsibilities.
0
7. Section 208.7003-1 is amended by revising paragraph (a) introductory 
text and paragraph (b) to read as follows:

[[Page 39005]]

208.7003-1  Assignments under integrated materiel management (IMM).

    (a) Acquire all items assigned for IMM from the IMM manager 
except--
* * * * *
    (b) Follow the procedures at PGI 208.7003-1(b) when an item 
assigned for IMM is to be acquired by the requiring department in 
accordance with paragraph (a)(3) of this subsection.

0
8. Section 208.7004 is revised to read as follows:


208.7004  Procedures.

    Follow the procedures at PGI 208.7004 for processing coordinated 
acquisition requirements.


208.7004-1 through 208.7004-10  [Removed]

0
9. Sections 208.7004-1 through 208.7004-10 are removed.
0
10. Sections 208.7005 and 208.7006 are revised to read as follows:


208.7005  Military interdepartmental purchase requests.

    Follow the procedures at--
    (a) PGI 253.208-1 when using DD Form 448, Military 
Interdepartmental Purchase Request; and
    (b) PGI 253.208-2 when using DD Form 448-2, Acceptance of MIPR.


208.7006  Coordinated acquisition assignments.

    See PGI 208.7006 for coordinated acquisition assignments.

0
11. Sections 208.7101 and 208.7102 are revised to read as follows:


208.7101  Policy.

    Departments and agencies shall cooperate fully with NASA in making 
acquisition services, equipment, personnel, and facilities available on 
the basis of mutual agreement.


208.7102  Procedures.

    Follow the procedures at PGI 208.7102 when contracting or 
performing services for NASA.


208.7103 through 208.7105  [Removed]

0
12. Sections 208.7103 through 208.7105 are removed.

Subpart 208.72 [Removed and Reserved]

0
13. Subpart 208.72 is removed and reserved.


208.7301  [Amended]

0
14. Section 208.7301 is amended by removing the definitions of ``Dual 
pricing evaluation procedure'' and ``Precious Metals Indicator Code 
(PMIC)''.


208.7302  [Amended]

0
15. Section 208.7302 is amended in the first sentence by removing 
``(PMRP)''.

0
16. Sections 208.7303 and 208.7304 are revised to read as follows:


208.7303  Procedures.

    Follow the procedures at PGI 208.7303 for use of the Precious 
Metals Recovery Program.


208.7304  Refined precious metals.

    See PGI 208.7304 for a list of refined precious metals managed by 
DSCP.


208.7401  [Amended]

0
17. Section 208.7401 is amended by removing the definitions of ``Golden 
Disk'' and ``Software product manager''.

0
18. Section 208.7403 is revised to read as follows:


208.7403  Acquisition procedures.

    Follow the procedures at PGI 208.7403 when acquiring commercial 
software and related services.

PART 225--FOREIGN ACQUISITION


225.7005-1  [Amended]

0
19. Section 225.7005-1 is amended in the introductory text by removing 
``(see subpart 208.72)''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
20. Section 252.225-7025 is amended by revising the clause date and 
paragraph (a)(1) to read as follows:


252.225-7025  Restriction on acquisition of forgings.

* * * * *

Restriction on Acquisition of Forgings (Jul 2006)

    (a) * * *
    (1) Domestic manufacture means--
    (i) Manufactured in the United States or its outlying areas; or
    (ii) Manufactured in Canada, if the Canadian firm normally 
produces similar items or is currently producing the item in support 
of DoD contracts (as a contractor or a subcontractor).
* * * * *

PART 253--FORMS

0
21. Sections 253.208-1 and 253.208-2 are revised to read as follows:


253.208-1  DD Form 448, Military Interdepartmental Purchase Request.

    Follow the procedures at PGI 253.208-1 for use of DD Form 448.


253.208-2  DD Form 448-2, Acceptance of MIPR.

    Follow the procedures at PGI 253.208-2 for use of DD Form 448-2.

Appendix B to Chapter 2 [Removed and Reserved]

0
22. Appendix B to Chapter 2 is removed and reserved.

 [FR Doc. E6-10873 Filed 7-10-06; 8:45 am]
BILLING CODE 5001-08-P

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