Defense Federal Acquisition Regulation Supplement; Acquisition Planning, 53044-53045 [E6-14907]
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53044
Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
236.602–1
[Amended]
3. Section 236.602–1 is amended in
paragraph (a), in the first sentence, by
removing ‘‘5.205(c)’’ and adding in its
place ‘‘5.205(d)’’.
I
48 CFR Parts 204, 236, and 252
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
252.225–7023
[Amended]
4. Section 252.225–7023 is amended
as follows:
I a. By revising the clause date to read
‘‘(SEP 2006)’’; and
I b. In paragraph (b)(2), by removing
‘‘225.7020–3’’ and adding in its place
‘‘225.7010–3’’.
I
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update an organization
name and reference numbers.
DATES: Effective Date: September 8,
2006.
[FR Doc. E6–14906 Filed 9–7–06; 8:45 am]
BILLING CODE 5001–08–P
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 204.805. Reflects the
change in name of the ‘‘General
Accounting Office’’ to the ‘‘Government
Accountability Office’’.
• Section 236.602–1. Updates a
reference to a paragraph of the Federal
Acquisition Regulation.
• Section 252.225–7023. Updates a
DFARS reference within a contract
clause.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 204,
236, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204, 236, and
252 are amended as follows:
I 1. The authority citation for 48 CFR
parts 204, 236, and 252 continues to
read as follows:
I
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 207
[DFARS Case 2003–D044]
Defense Federal Acquisition
Regulation Supplement; Acquisition
Planning
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 on acquisition
planning. 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: September 8,
2006.
PART 204—ADMINISTRATIVE
MATTERS
Mr.
Mark Gomersall, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0302;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D044.
SUPPLEMENTARY INFORMATION:
204.805
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
requirements for acquisition planning.
A. Background
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
rwilkins on PROD1PC63 with RULES
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.
This final rule is a result of the
DFARS Transformation initiative. The
DFARS changes—
• Increase the dollar thresholds for
preparation of written acquisition plans;
• Update acquisition planning
requirements for consistency with
changes to the DoD 5000 series
publications;
• Delete unnecessary text relating to
contract administration and class
justifications for other than full and
open competition;
• Clarify requirements for funding of
leases; and
• Delete text addressing the contents
of written acquisition plans. 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 54693 on September 16, 2005. DoD
received no comments on the proposed
rule and has adopted the proposed rule
as a final rule, with minor editorial
changes at 207.103(h) and 207.471(c).
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
[Amended]
2. Section 204.805 is amended in
paragraph (2), in the second sentence,
by removing ‘‘General Accounting’’ and
adding in its place ‘‘Government
Accountability’’.
I
VerDate Aug<31>2005
18:59 Sep 07, 2006
Jkt 208001
FOR FURTHER INFORMATION CONTACT:
Frm 00064
Fmt 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 Part 207
Government procurement.
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
C. Paperwork Reduction Act
Sfmt 4700
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 207 is
amended as follows:
I
E:\FR\FM\08SER1.SGM
08SER1
Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / Rules and Regulations
[FR Doc. E6–14907 Filed 9–7–06; 8:45 am]
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D007 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD (AT&L) DPAP (DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
BILLING CODE 5001–08–P
A. Background
PART 207—ACQUISITION PLANNING
207.104
1. The authority citation for 48 CFR
part 207 continues to read as follows:
I
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
207.102
207.105
plans.
[Removed]
2. Section 207.102 is removed.
I 3. Section 207.103 is revised to read
as follows:
I
rwilkins on PROD1PC63 with RULES
207.103
Agency-head responsibilities.
(d)(i) Prepare written acquisition
plans for—
(A) Acquisitions for development, as
defined in FAR 35.001, when the total
cost of all contracts for the acquisition
program is estimated at $10 million or
more;
(B) Acquisitions for production or
services when the total cost of all
contracts for the acquisition program is
estimated at $50 million or more for all
years or $25 million or more for any
fiscal year; and
(C) Any other acquisition considered
appropriate by the department or
agency.
(ii) Written plans are not required in
acquisitions for a final buy out or onetime buy. The terms ‘‘final buy out’’ and
‘‘one-time buy’’ refer to a single contract
that covers all known present and future
requirements. This exception does not
apply to a multiyear contract or a
contract with options or phases.
(e) Prepare written acquisition plans
for acquisition programs meeting the
thresholds of paragraphs (d)(i)(A) and
(B) of this section on a program basis.
Other acquisition plans may be written
on either a program or an individual
contract basis.
(g) The program manager, or other
official responsible for the program, has
overall responsibility for acquisition
planning.
(h) For procurement of conventional
ammunition, as defined in DoDD
5160.65, Single Manager for
Conventional Ammunition (SMCA), the
SCMA will review the acquisition plan
to determine if it is consistent with
retaining national technology and
industrial base capabilities in
accordance with 10 U.S.C. 2304(c)(3)
and Section 806 of Public Law 105–261.
The department or agency—
(i) Shall submit the acquisition plan
to the address in PGI 207.103(h); and
(ii) Shall not proceed with the
procurement until the SMCA provides
written concurrence with the
acquisition plan. In the case of a nonconcurrence, the SCMA will resolve
issues with the Army Office of the
Executive Director for Conventional
Ammunition.
VerDate Aug<31>2005
17:41 Sep 07, 2006
Jkt 208001
[Removed]
4. Section 207.104 is removed.
5. Section 207.105 is revised to read
as follows:
I
53045
Contents of written acquisition
In addition to the requirements of
FAR 7.105, planners shall follow the
procedures at PGI 207.105.
I 6. Section 207.471 is amended by
revising paragraphs (b) and (c) to read
as follows:
207.471
Funding requirements.
*
*
*
*
*
(b) DoD leases are either capital leases
or operating leases. See FMR 7000.14–
R, Volume 4, Chapter 7, Section 070207.
(c) Use procurement funds for capital
leases, as these are essentially
installment purchases of property.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AF34
Defense Federal Acquisition
Regulation Supplement; Prohibition on
Acquisition From Communist Chinese
Military Companies (DFARS Case
2006–D007)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 1211 of
the National Defense Authorization Act
for Fiscal Year 2006. Section 1211
prohibits DoD from acquiring United
States Munitions List items from
Communist Chinese military
companies.
Effective date: September 8,
2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before November 7, 2006, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D007,
using any of the following methods:
DATES:
PO 00000
Frm 00065
Fmt 4700
Sfmt 4700
This interim rule adds DFARS policy
and a contract clause to implement
Section 1211 of the National Defense
Authorization Act for Fiscal Year 2006
(Pub. L. 109–163). Section 1211
prohibits DoD from acquiring goods or
services, through a contract or a
subcontract with a Communist Chinese
military company, if the goods or
services being acquired are on the
munitions list of the International
Trafficking in Arms Regulations (the
United States Munitions List at 22 CFR
Part 121). Section 1211 also provides for
certain exceptions and waiver authority.
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 does not expect this rule to 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 affects only those
entities that are a part of the industrial
base of the People’s Republic of China
or that are owned or controlled by, or
affiliated with, an element of the
Government or armed forces of the
People’s Republic of China. Therefore,
DoD has not performed an initial
regulatory flexibility analysis. DoD
invites comments from small businesses
and other interested parties. DoD also
will consider comments from small
entities concerning the affected DFARS
subparts in accordance with 5 U.S.C.
610. Such comments should be
submitted separately and should cite
DFARS Case 2006–D007.
E:\FR\FM\08SER1.SGM
08SER1
]]>Agencies
[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Pages 53044-53045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14907]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 207
[DFARS Case 2003-D044]
Defense Federal Acquisition Regulation Supplement; Acquisition
Planning
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 on acquisition
planning. 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: September 8, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0302;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D044.
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.
This final rule is a result of the DFARS Transformation initiative.
The DFARS changes--
Increase the dollar thresholds for preparation of written
acquisition plans;
Update acquisition planning requirements for consistency
with changes to the DoD 5000 series publications;
Delete unnecessary text relating to contract
administration and class justifications for other than full and open
competition;
Clarify requirements for funding of leases; and
Delete text addressing the contents of written acquisition
plans. 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 54693 on September 16, 2005.
DoD received no comments on the proposed rule and has adopted the
proposed rule as a final rule, with minor editorial changes at
207.103(h) and 207.471(c).
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 requirements for acquisition
planning.
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 207
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 207 is amended as follows:
[[Page 53045]]
PART 207--ACQUISITION PLANNING
0
1. The authority citation for 48 CFR part 207 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
207.102 [Removed]
0
2. Section 207.102 is removed.
0
3. Section 207.103 is revised to read as follows:
207.103 Agency-head responsibilities.
(d)(i) Prepare written acquisition plans for--
(A) Acquisitions for development, as defined in FAR 35.001, when
the total cost of all contracts for the acquisition program is
estimated at $10 million or more;
(B) Acquisitions for production or services when the total cost of
all contracts for the acquisition program is estimated at $50 million
or more for all years or $25 million or more for any fiscal year; and
(C) Any other acquisition considered appropriate by the department
or agency.
(ii) Written plans are not required in acquisitions for a final buy
out or one-time buy. The terms ``final buy out'' and ``one-time buy''
refer to a single contract that covers all known present and future
requirements. This exception does not apply to a multiyear contract or
a contract with options or phases.
(e) Prepare written acquisition plans for acquisition programs
meeting the thresholds of paragraphs (d)(i)(A) and (B) of this section
on a program basis. Other acquisition plans may be written on either a
program or an individual contract basis.
(g) The program manager, or other official responsible for the
program, has overall responsibility for acquisition planning.
(h) For procurement of conventional ammunition, as defined in DoDD
5160.65, Single Manager for Conventional Ammunition (SMCA), the SCMA
will review the acquisition plan to determine if it is consistent with
retaining national technology and industrial base capabilities in
accordance with 10 U.S.C. 2304(c)(3) and Section 806 of Public Law 105-
261. The department or agency--
(i) Shall submit the acquisition plan to the address in PGI
207.103(h); and
(ii) Shall not proceed with the procurement until the SMCA provides
written concurrence with the acquisition plan. In the case of a non-
concurrence, the SCMA will resolve issues with the Army Office of the
Executive Director for Conventional Ammunition.
207.104 [Removed]
0
4. Section 207.104 is removed.
0
5. Section 207.105 is revised to read as follows:
207.105 Contents of written acquisition plans.
In addition to the requirements of FAR 7.105, planners shall follow
the procedures at PGI 207.105.
0
6. Section 207.471 is amended by revising paragraphs (b) and (c) to
read as follows:
207.471 Funding requirements.
* * * * *
(b) DoD leases are either capital leases or operating leases. See
FMR 7000.14-R, Volume 4, Chapter 7, Section 070207.
(c) Use procurement funds for capital leases, as these are
essentially installment purchases of property.
[FR Doc. E6-14907 Filed 9-7-06; 8:45 am]
BILLING CODE 5001-08-P
