Defense Federal Acquisition Regulation Supplement; Contract Administration Functions, 44928-44929 [E6-12778]
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44928
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(B) Making the review before issuance
of the solicitation or contract
modification and documenting it on DD
Form 2579, Small Business
Coordination Record; and
(C) Referring recommendations that
have been rejected by the contracting
officer to the Small Business
Administration (SBA) procurement
center representative. If an SBA
procurement center representative is not
assigned, see FAR 19.402(a).
*
*
*
*
*
(e) For information on the
appointment and functions of small
business specialists, see PGI 219.201(e).
*
*
*
*
*
[FR Doc. E6–12781 Filed 8–7–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
[DFARS Case 2003–D051]
Defense Federal Acquisition
Regulation Supplement; Contract
Administration Functions
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 addressing
functions performed by DoD contract
administration offices. 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: August 8, 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–D051.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 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
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
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 revises the list of contract
administration functions at DFARS
242.302 to—
Æ Clarify responsibilities for payment
administration and for verification of
contractor compliance with earned
value management system requirements;
Æ Delete obsolete text on mobilization
production planning surveys; and
Æ Delete procedures for designation
of contract payment offices. Text on this
subject 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 67955 on November 9, 2005. One
respondent submitted comments on the
proposed rule. The respondent stated
that (1) there is a lack of clear regulatory
authority for acceptance other than FAR
46.502, which assigns acceptance
responsibility to contracting officers; (2)
acceptance is not one of the contract
administration functions at FAR 42.302;
and (3) FAR 46.502, where it refers to
delegation of responsibility for
acceptance to a contract administration
office, errs in its reference to FAR
42.202(g), since refusal of a contract
administration delegation is exclusive of
actions inferred in performing
acceptance when an administration
office is assigned. The respondent
recommended that, since acceptance
actions can be performed on behalf of a
contracting officer when a contract is
not assigned for administration (e.g.,
destination acceptance) by an activity
other than a contract administration
office, DFARS 242.302 should provide
coverage of acceptance responsibility
when a contracting officer intends that
a contract administration office perform
acceptance.
DoD does not agree that DFARS
242.302 should be amended to provide
coverage of acceptance responsibility
when a contracting officer intends that
a contract administration office perform
acceptance. FAR 42.302 lists the
functions that are normally delegated to
a contract administration office. Even
though acceptance is not specifically
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
mentioned, it is covered under FAR
42.302(a)(38), which provides for
ensuring contractor compliance with
contractual quality assurance
requirements and references FAR Part
46. In particular, FAR 46.502 provides
for delegation of responsibility for
acceptance to a contract administration
office. However, DoD recognizes that
there are times when a contract
administration office has been assigned
responsibility for ensuring contractor
compliance with contract quality
assurance requirements, but where
actual product acceptance is performed
by an activity other than the contract
administration office (i.e., destination
acceptance). DoD has established a
separate DFARS Case, 2005–D024, to
address this situation.
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 internal DoD
responsibilities for performance of
contract administration functions.
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
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
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.
2. Section 242.302 is revised to read
as follows:
I
242.302
Contract administration functions.
(a)(4) Also, review and evaluate—
(A) Contractor estimating systems (see
FAR 15.407–5); and
(B) Contractor material management
and accounting systems under subpart
242.72.
E:\FR\FM\08AUR1.SGM
08AUR1
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(7) See 242.7502 for ACO
responsibilities with regard to receipt of
an audit report identifying significant
accounting system or related internal
control deficiencies.
(9) For additional contract
administration functions related to
IR&D/B&P projects performed by major
contractors, see 242.771–3(a).
(12) Also perform all payment
administration in accordance with any
applicable payment clauses.
(13)(A) Do not delegate the
responsibility to make payments to the
Defense Contract Management Agency
(DCMA).
(B) Follow the procedures at PGI
242.302(a)(13)(B) for designation of
payment offices.
(39) See 223.370 for contract
administration responsibilities on
contracts for ammunition and
explosives.
(67) Also support program offices and
buying activities in precontractual
efforts leading to a solicitation or award.
(S–70) Serve as the single point of
contact for all Single Process Initiative
(SPI) Management Council activities.
The ACO shall negotiate and execute
facilitywide class modifications and
agreements for SPI processes, when
authorized by the affected components.
(S–71) DCMA has responsibility for
reviewing earned value management
system (EVMS) plans and for verifying
initial and continuing contractor
compliance with DoD EVMS criteria.
The contracting officer shall not retain
this function.
(b)(S–70) Issue, negotiate, and execute
orders under basic ordering agreements
for overhaul, maintenance, and repair.
[FR Doc. E6–12778 Filed 8–7–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Part 171
[Docket No. PHMSA–2005–22208 (HM–240)]
RIN 2137–AE12
Hazardous Materials: Incorporation of
Statutorily Mandated Revisions to the
Hazardous Materials Regulations;
Correction
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; correction.
sroberts on PROD1PC70 with RULES
AGENCY:
SUMMARY: On December 9, 2005,
PHMSA published a final rule to revise
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
terminology, definitions, and
requirements for consistency with the
Hazardous Materials Safety and Security
Reauthorization Act of 2005. These
amendments included revising the
definitions of ‘‘hazmat employee’’ and
‘‘hazmat employer’’; modifying shipping
paper retention requirements; providing
a security plan exception for farmers;
and replacing the term ‘‘Exemption’’
with ‘‘Special permit.’’ This final rule
corrects an error in the final rule. In
addition, we are clarifying the
amendments applicable to shipping
paper retention requirements, the
definition of ‘‘hazmat employer,’’ and
the transition from ‘‘Exemption’’ to
‘‘Special permit.’’
DATE: Effective date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT:
Cameron Satterthwaite or Kurt
Eichenlaub, Office of Hazardous
Materials Standards, (202) 366–8553,
Pipeline and Hazardous Materials Safety
Administration, U.S. Department of
Transportation, 400 Seventh Street,
SW., Washington, DC 20590–0001.
SUPPLEMENTARY INFORMATION:
I. Background
On December 9, 2005, the Pipeline
and Hazardous Materials Safety
Administration (PHMSA, we) published
a final rule under Docket No. PHMSA–
2005–22208 (HM–240) revising the
Hazardous Materials Regulations (HMR;
49 CFR parts 171–180) to reflect
amendments made to the Federal
hazardous materials law (Federal
hazmat law; 49 U.S.C. 5101 et seq.) by
the Hazardous Materials Safety and
Security Reauthorization Act of 2005
(the Act; Title VII of Pub. L. 109–59, 119
Stat. 1144 (August 10, 2005)).
The December 9, 2005 final rule made
the following amendments to the HMR:
• Revised the definitions of ‘‘hazmat
employee’’ and ‘‘hazmat employer’’;
• Revised shipping paper retention
requirements;
• Added a security plan exception for
farmers;
• Revised applicability of the HMR to
matter subject to postal laws and
regulations; and
• Replaced ‘‘Exemption’’ with
‘‘Special permit.’’
We received a number of questions
from the regulated community
concerning the amendments in the final
rule applicable to the revised definition
of ‘‘hazmat employer’’, new shipping
paper retention requirements, and the
transition from ‘‘Exemption’’ to ‘‘Special
permit.’’ To ensure our responses to
these questions reach a broad audience,
we are addressing them in this final
rule.
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
44929
II. Clarifications
A. Definition of ‘‘Hazmat Employer’’
We revised the definition of ‘‘hazmat
employer’’ in § 171.8 for consistency
with editorial revisions adopted under
the Act. The revised definition is not
intended to apply more broadly than the
previous definition. The amendment
does not expand the scope of the
definition or revise the training
requirements applicable to hazmat
employers in subpart H of part 172 or
the operational requirements applicable
to training in parts 173–180 of the HMR.
B. Revision of Shipping Paper Retention
Requirements
In accordance with the Act, we
revised the HMR to require shippers to
retain a copy of a shipping paper for a
period of two years after the shipping
paper is provided to a carrier and to
require carriers to retain a copy of a
shipping paper for a period of one year
after the date the shipping paper is
received from the shipper. We also
specified that shippers and carriers of a
hazardous waste must continue to retain
a shipping paper for 3 years after the
material is accepted by the initial
carrier. PHMSA is aware of confusion in
the regulated community regarding the
implementation of these provisions. The
provisions for shipping paper retention
in this rulemaking became effective on
January 9, 2006 (the effective date of the
final rule). It was not our intention to
apply the revised shipping paper
retention requirements retroactively to
documents retained for shipments made
prior to the effective date of the final
rule. Shipments offered or accepted for
transportation prior to January 9, 2006
are not subject to the new shipping
paper retention provisions. For
shipments offered or accepted for
transportation prior to January 9, 2006,
each person who provides a shipping
paper and each person who receives a
shipping paper must retain a copy of the
shipping paper or an electronic image
thereof for 375 days after the shipment
is accepted by the initial carrier. For
shipments offered or accepted for
transportation on or after January 9,
2006, each person who provides a
shipping paper must retain a copy of the
shipping paper or an electronic image
thereof for two years after the shipment
is accepted by the initial carrier; each
person who receives a shipping paper
must retain a copy of the shipping paper
or an electronic image thereof for one
year after the shipment is accepted by
the initial carrier.
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Rules and Regulations]
[Pages 44928-44929]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12778]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 242
[DFARS Case 2003-D051]
Defense Federal Acquisition Regulation Supplement; Contract
Administration Functions
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
functions performed by DoD contract administration offices. 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: August 8, 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-D051.
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 revises the list of contract administration functions at DFARS
242.302 to--
[cir] Clarify responsibilities for payment administration and for
verification of contractor compliance with earned value management
system requirements;
[cir] Delete obsolete text on mobilization production planning
surveys; and
[cir] Delete procedures for designation of contract payment
offices. Text on this subject 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 67955 on November 9, 2005.
One respondent submitted comments on the proposed rule. The respondent
stated that (1) there is a lack of clear regulatory authority for
acceptance other than FAR 46.502, which assigns acceptance
responsibility to contracting officers; (2) acceptance is not one of
the contract administration functions at FAR 42.302; and (3) FAR
46.502, where it refers to delegation of responsibility for acceptance
to a contract administration office, errs in its reference to FAR
42.202(g), since refusal of a contract administration delegation is
exclusive of actions inferred in performing acceptance when an
administration office is assigned. The respondent recommended that,
since acceptance actions can be performed on behalf of a contracting
officer when a contract is not assigned for administration (e.g.,
destination acceptance) by an activity other than a contract
administration office, DFARS 242.302 should provide coverage of
acceptance responsibility when a contracting officer intends that a
contract administration office perform acceptance.
DoD does not agree that DFARS 242.302 should be amended to provide
coverage of acceptance responsibility when a contracting officer
intends that a contract administration office perform acceptance. FAR
42.302 lists the functions that are normally delegated to a contract
administration office. Even though acceptance is not specifically
mentioned, it is covered under FAR 42.302(a)(38), which provides for
ensuring contractor compliance with contractual quality assurance
requirements and references FAR Part 46. In particular, FAR 46.502
provides for delegation of responsibility for acceptance to a contract
administration office. However, DoD recognizes that there are times
when a contract administration office has been assigned responsibility
for ensuring contractor compliance with contract quality assurance
requirements, but where actual product acceptance is performed by an
activity other than the contract administration office (i.e.,
destination acceptance). DoD has established a separate DFARS Case,
2005-D024, to address this situation.
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 internal DoD responsibilities for
performance of contract administration functions.
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.
0
Therefore, 48 CFR part 242 is amended as follows:
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
1. The authority citation for 48 CFR Part 242 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 242.302 is revised to read as follows:
242.302 Contract administration functions.
(a)(4) Also, review and evaluate--
(A) Contractor estimating systems (see FAR 15.407-5); and
(B) Contractor material management and accounting systems under
subpart 242.72.
[[Page 44929]]
(7) See 242.7502 for ACO responsibilities with regard to receipt of
an audit report identifying significant accounting system or related
internal control deficiencies.
(9) For additional contract administration functions related to
IR&D/B&P projects performed by major contractors, see 242.771-3(a).
(12) Also perform all payment administration in accordance with any
applicable payment clauses.
(13)(A) Do not delegate the responsibility to make payments to the
Defense Contract Management Agency (DCMA).
(B) Follow the procedures at PGI 242.302(a)(13)(B) for designation
of payment offices.
(39) See 223.370 for contract administration responsibilities on
contracts for ammunition and explosives.
(67) Also support program offices and buying activities in
precontractual efforts leading to a solicitation or award.
(S-70) Serve as the single point of contact for all Single Process
Initiative (SPI) Management Council activities. The ACO shall negotiate
and execute facilitywide class modifications and agreements for SPI
processes, when authorized by the affected components.
(S-71) DCMA has responsibility for reviewing earned value
management system (EVMS) plans and for verifying initial and continuing
contractor compliance with DoD EVMS criteria. The contracting officer
shall not retain this function.
(b)(S-70) Issue, negotiate, and execute orders under basic ordering
agreements for overhaul, maintenance, and repair.
[FR Doc. E6-12778 Filed 8-7-06; 8:45 am]
BILLING CODE 5001-08-P