Defense Federal Acquisition Regulation Supplement; Acquisition Integrity (DFARS Case 2006-D044), 20757-20758 [E7-7911]
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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations
(Catalog of Federal Domestic Assistance No.
83.100, ‘‘Flood Insurance.’’)
Dated: April 16, 2007.
David I. Maurstad,
Federal Insurance Administrator of the
National Flood Insurance Program, Federal
Emergency Management Agency, Department
of Homeland Security.
[FR Doc. E7–7970 Filed 4–25–07; 8:45 am]
BILLING CODE 9110–12–P
unnecessary. FEMA has not received an
adverse comment, or notice of intent to
submit an adverse comment, on this
rule. Therefore, the rule will go into
effect as scheduled.
Dated: April 19, 2007.
R. David Paulison,
Administrator, Federal Emergency
Management Agency, Department of
Homeland Security.
[FR Doc. E7–7971 Filed 4–25–07; 8:45 am]
BILLING CODE 9110–49–P
DEPARTMENT OF HOMELAND
SECURITY
DEPARTMENT OF DEFENSE
Federal Emergency Management
Agency
Defense Acquisition Regulations
System
48 CFR Chapter 44
RIN 0750–AF60
RIN 1660–AA46
Federal Emergency Management
Agency (FEMA) Acquisition Regulation
System; Removal of Chapter 44
Federal Emergency
Management Agency, DHS.
ACTION: Direct final rule; confirmation of
effective date.
AGENCY:
The Federal Emergency
Management Agency (FEMA) published
a direct final rule that notified the
public of its intent to remove the FEMA
Acquisition Regulation in its entirety.
FEMA did not receive any comments on
the rule. Therefore, the rule will go into
effect as scheduled.
DATES: The effective date of the direct
final rule published March 2, 2007 (72
FR 9445) is confirmed as May 1, 2007.
FOR FURTHER INFORMATION CONTACT:
Joyce M. Ard, Federal Emergency
Management Agency, 500 C Street, SW.,
Patriot Plaza Room 201, Washington DC,
20472, (phone) 202–646–3213,
(facsimile) 202–646–2928, or (e-mail)
joyce.ard@dhs.gov.
SUMMARY:
On March
2, 2007, FEMA published a direct final
rule at 72 FR 9445 that notified the
public of FEMA’s intent to remove the
FEMA Acquisition Regulation
(FEMAAR) at 48 CFR Chapter 44 in its
entirety. The specific language and
subsequent clauses are removed as a
result of the transfer of FEMA to the
Department of Homeland Security
(DHS) on March 1, 2003. The Homeland
Security Acquisition Regulation (HSAR)
created a department-wide acquisition
regulation for DHS in 48 CFR Chapter
30, and included FEMA in the list of
entities for which the chapter applied,
thereby superseding and making 48 CFR
Chapter 44 duplicative and
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SUPPLEMENTARY INFORMATION:
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17:20 Apr 25, 2007
Jkt 211001
Defense Federal Acquisition
Regulation Supplement; Acquisition
Integrity (DFARS Case 2006–D044)
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 address requirements for the
separation of Government functions for
oversight, source selection, contract
negotiation, and contract award. The
rule contains best practice policies for
use by the military departments and
defense agencies.
EFFECTIVE DATE: April 26, 2007.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary Delaney, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–8384;
facsimile (703) 602–0350. Please cite
DFARS Case 2006–D044.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds a new section at
DFARS 203.170 to address requirements
for the separation of Government
functions for oversight, source selection,
contract negotiation, and contract
award. The rule contains best practice
policies to ensure the separation of such
functions.
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
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Frm 00057
Fmt 4700
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2006–D044.
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 203
Government procurement.
48 CFR Part 203
[Docket ID FEMA–2006–0033]
20757
Sfmt 4700
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 203 is
amended as follows:
I
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1. The authority citation for 48 CFR
part 203 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 203.170 is added to read as
follows:
I
203.170
Business practices.
To ensure the separation of functions
for oversight, source selection, contract
negotiation, and contract award,
departments and agencies shall adhere
to the following best practice policies:
(a) Senior leaders shall not perform
multiple roles in source selection for a
major weapon system or major service
acquisition.
(b) Vacant acquisition positions shall
be filled on an ‘‘acting’’ basis from
below until a permanent appointment is
made. To provide promising
professionals an opportunity to gain
experience by temporarily filling higher
positions, these oversight duties shall
not be accrued at the top.
(c) Acquisition process reviews of the
military departments shall be conducted
to assess and improve acquisition and
management processes, roles, and
structures. The scope of the reviews
should include—
(1) Distribution of acquisition roles
and responsibilities among personnel;
(2) Processes for reporting concerns
about unusual or inappropriate actions;
and
(3) Application of DoD Instruction
5000.2, Operation of the Defense
E:\FR\FM\26APR1.SGM
26APR1
20758
Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations
Acquisition System, and the disciplines
in the Defense Acquisition Guidebook.
(d) Source selection processes shall
be—
(1) Reviewed and approved by
cognizant organizations responsible for
oversight;
(2) Documented by the head of the
contracting activity or at the agency
level; and
(3) Periodically reviewed by outside
officials independent of that office or
agency.
(e) Legal review of documentation of
major acquisition system source
selection shall be conducted prior to
contract award, including the
supporting documentation of the source
selection evaluation board, source
selection advisory council, and source
selection authority.
(f) Procurement management reviews
shall determine whether clearance
threshold authorities are clear and that
independent review is provided for
acquisitions exceeding the simplified
acquisition threshold.
[FR Doc. E7–7911 Filed 4–25–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 206 and 225
RIN 0750–AF62
Defense Federal Acquisition
Regulation Supplement; Deletion of
Obsolete Acquisition Procedures
(DFARS Case 2006–D046)
DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove text relating to
obsolete requirements for maintenance
of paper-based solicitation mailing lists
and for furnishing of documents to
certain entities.
EFFECTIVE DATE: April 26, 2007.
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–D046.
SUPPLEMENTARY INFORMATION:
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Jkt 211001
This final rule amends DFARS text as
follows:
Æ 206.303–1—Removes text
designating the Director of Defense
Procurement and Acquisition Policy as
the agency point of contact for
submission of certain justification and
approval documents to the U.S. Trade
Representative. This text is no longer
applicable, as the underlying Federal
Acquisition Regulation (FAR)
requirement for submission of these
documents to the U.S. Trade
Representative was removed by the
interim rule that was published at 69 FR
77870 on December 28, 2004, and
finalized at 71 FR 219 on January 3,
2006.
Æ 225.870–2 and 225.872–3—
Removes text addressing requirements
for inclusion of Canadian firms and
qualifying country sources on
solicitation mailing lists, and for
sending solicitations to the Canadian
Commercial Corporation as well as
Canadian firms appearing on the lists.
This text is no longer applicable, as
solicitation mailing lists have been
replaced by electronic tools such as the
Central Contractor Registration database
and the Federal Business Opportunities
Web site. The FAR was amended to
remove references to solicitation
mailing lists in the final rule published
at 68 FR 43855 on July 24, 2003.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
List of Subjects in 48 CFR Parts 206 and
225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 206 and 225
are amended as follows:
I 1. The authority citation for 48 CFR
parts 206 and 225 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 206—COMPETITION
REQUIREMENTS
206.303 and 206.303–1
[Removed]
2. Sections 206.303 and 206.303–1 are
removed.
I
PART 225—FOREIGN ACQUISITION
225.870–2
[Amended]
3. Section 225.870–2 is amended as
follows:
I a. By removing paragraphs (a) through
(c); and
I b. By redesignating paragraphs (d) and
(e) as paragraphs (a) and (b)
respectively.
I
225.872–3
[Amended]
4. Section 225.872–3 is amended as
follows:
I a. By removing paragraph (a); and
I b. By redesignating paragraphs (b)
through (g) as paragraphs (a) through (f)
respectively.
I
[FR Doc. E7–7907 Filed 4–25–07; 8:45 am]
BILLING CODE 5001–08–P
B. Regulatory Flexibility Act
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY:
A. Background
DEPARTMENT OF DEFENSE
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subparts in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2006–D046.
Defense Acquisition Regulations
System
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
48 CFR Parts 215, 231, and 252
RIN 0750–AF67
Defense Federal Acquisition
Regulation Supplement; Excessive
Pass-Through Charges (DFARS Case
2006–D057)
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 852 of
the National Defense Authorization Act
for Fiscal Year 2007. Section 852
E:\FR\FM\26APR1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Pages 20757-20758]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7911]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 203
RIN 0750-AF60
Defense Federal Acquisition Regulation Supplement; Acquisition
Integrity (DFARS Case 2006-D044)
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 address requirements for
the separation of Government functions for oversight, source selection,
contract negotiation, and contract award. The rule contains best
practice policies for use by the military departments and defense
agencies.
EFFECTIVE DATE: April 26, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Delaney, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-8384;
facsimile (703) 602-0350. Please cite DFARS Case 2006-D044.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds a new section at DFARS 203.170 to address
requirements for the separation of Government functions for oversight,
source selection, contract negotiation, and contract award. The rule
contains best practice policies to ensure the separation of such
functions.
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 contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2006-D044.
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 203
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 203 is amended as follows:
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 203.170 is added to read as follows:
203.170 Business practices.
To ensure the separation of functions for oversight, source
selection, contract negotiation, and contract award, departments and
agencies shall adhere to the following best practice policies:
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
(b) Vacant acquisition positions shall be filled on an ``acting''
basis from below until a permanent appointment is made. To provide
promising professionals an opportunity to gain experience by
temporarily filling higher positions, these oversight duties shall not
be accrued at the top.
(c) Acquisition process reviews of the military departments shall
be conducted to assess and improve acquisition and management
processes, roles, and structures. The scope of the reviews should
include--
(1) Distribution of acquisition roles and responsibilities among
personnel;
(2) Processes for reporting concerns about unusual or inappropriate
actions; and
(3) Application of DoD Instruction 5000.2, Operation of the Defense
[[Page 20758]]
Acquisition System, and the disciplines in the Defense Acquisition
Guidebook.
(d) Source selection processes shall be--
(1) Reviewed and approved by cognizant organizations responsible
for oversight;
(2) Documented by the head of the contracting activity or at the
agency level; and
(3) Periodically reviewed by outside officials independent of that
office or agency.
(e) Legal review of documentation of major acquisition system
source selection shall be conducted prior to contract award, including
the supporting documentation of the source selection evaluation board,
source selection advisory council, and source selection authority.
(f) Procurement management reviews shall determine whether
clearance threshold authorities are clear and that independent review
is provided for acquisitions exceeding the simplified acquisition
threshold.
[FR Doc. E7-7911 Filed 4-25-07; 8:45 am]
BILLING CODE 5001-08-P
