Defense Federal Acquisition Regulation Supplement; Limitations on DoD Non-Commercial Time-and-Materials Contracts (DFARS Case 2007-D021), 21891-21892 [E8-8697]
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Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
that the rule will not have a significant
economic impact on a substantial
number of small entities. Small entities
include small businesses, small
organizations, and small governmental
jurisdictions.
For purposes of assessing the impacts
of today’s proposed rule amendments
on small entities, a small entity is
defined as: (1) A small business as
defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; or (3) a small organization
that is any not-for-profit enterprise
which is independently owned and
operated and is not dominant in its
field.
The proposed rule amendments will
not impose any new requirements on
small entities, and, therefore, will have
no significant adverse economic impact
on subject small entities. The
Administrator certifies that this action
will not have a significant economic
impact on a substantial number of small
entities.
We continue to be interested in the
potential impacts of the proposed rule
amendments on small entities and
welcome comments on issues related to
such impacts.
List of Subjects in 40 CFR Part 63
Environmental protection,
Administrative practice and procedure,
Air pollution control, Hazardous
substances, Intergovernmental relations,
Reporting and recordkeeping
requirements.
Dated: April 16, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–8811 Filed 4–22–08; 8:45 am]
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 216
mstockstill on PROD1PC66 with PROPOSALS
RIN 0750–AF90
Defense Federal Acquisition
Regulation Supplement; Limitations on
DoD Non-Commercial Time-andMaterials Contracts (DFARS Case
2007–D021)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
VerDate Aug<31>2005
16:23 Apr 22, 2008
Jkt 214001
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address review and documentation
requirements with regard to the use of
time-and-materials contracts for the
acquisition of non-commercial services.
The proposed rule provides for the same
level of review for both commercial and
non-commercial DoD time-andmaterials contracts.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
23, 2008, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D021,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov.
Follow the instructions for submitting
comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2007–D021 in the subject
line of the message.
Fax: 703–602–7887.
Mail: Defense Acquisition Regulations
System, Attn: Ms. Sandra Morris, OUSD
(AT&L) DPAP (CPF), IMD 3D139, 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.
Sandra Morris, 703–602–0296.
SUPPLEMENTARY INFORMATION:
Section 16.601(d) of the Federal
Acquisition Regulation (FAR) requires
that, before using a time-and-materials
contract, the contracting officer must
prepare a determination and findings
that no other contract type is suitable.
For time-and-materials contracts for
commercial services, FAR 12.207(b)(2)
specifies the minimum content for the
determination and findings, and FAR
12.207(c) contains additional
requirements with regard to the use of
indefinite-delivery contracts priced on a
time-and-materials basis.
To provide for the same level of
oversight in the award of all DoD timeand-materials contracts, this proposed
rule amends DFARS 216.601 to
establish determination and findings
requirements for DoD non-commercial
PO 00000
Frm 00041
Fmt 4702
time-and-materials contracts, similar to
those presently required by FAR 12.207
for commercial services contracts.
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 proposed
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 proposed rule
relates to internal DoD review and
documentation requirements with
regard to the selection of contract type.
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 subpart in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2007–D021.
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 216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 216 as follows:
PART 216—TYPES OF CONTRACTS
1. The authority citation for 48 CFR
part 216 continues to read as follows:
A. Background
BILLING CODE 6560–50–P
AGENCY:
Proposed rule with request for
comments.
ACTION:
21891
Sfmt 4702
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 216.601 is amended by
adding paragraph (d) to read as follows:
216.601
Time-and-materials contracts.
(d) Limitations.
(i) The determination and findings
shall contain sufficient facts and
rationale to justify that no other contract
type is suitable. At a minimum, the
determination and findings shall—
(A) Include a description of the
market research conducted;
(B) Establish that it is not possible at
the time of placing the contract or order
to accurately estimate the extent or
duration of the work or to anticipate
costs with any reasonable degree of
certainty;
E:\FR\FM\23APP1.SGM
23APP1
21892
Federal Register / Vol. 73, No. 79 / Wednesday, April 23, 2008 / Proposed Rules
(C) Establish that the requirement has
been structured to minimize the use of
time-and-materials requirements (e.g.,
limiting the value or length of the timeand-materials portion of the contract or
order; establishing fixed prices for
portions of the requirement); and
(D) Describe the actions planned to
minimize the use of time-and-materials
contracts on future acquisitions for the
same requirements.
(ii) For indefinite-delivery contracts,
the contracting officer shall—
(A) Structure contracts that authorize
time-and-materials orders to also
authorize orders on a costreimbursement, incentive, or fixed-price
basis, to the maximum extent
practicable; and
(B) Execute the determination and
findings for—
(1) Each order placed on a time-andmaterials basis if the indefinite-delivery
contract also authorizes orders on a
cost-reimbursement, incentive, or fixedprice basis; or
(2) The basic contract if the indefinitedelivery contract only authorizes timeand-materials orders. The determination
and findings shall—
(i) Contain sufficient facts and
rationale to justify why orders on a costreimbursement, incentive, and fixedprice basis are not practicable; and
(ii) Be approved one level above the
contracting officer.
*
*
*
*
*
documents. The proposed changes will
enable the Government to provide for
the appropriate level of contract quality
assurance at source, based on product
complexity and criticality and the
contractor’s record of quality control.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before June
23, 2008, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2005–D024,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2005–D024 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD (AT&L) DPAP
(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Æ 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: Mr.
Mark Gomersall, 703–602–0302.
SUPPLEMENTARY INFORMATION:
[FR Doc. E8–8697 Filed 4–22–08; 8:45 am]
A. Background
BILLING CODE 5001–08–P
This proposed rule amends DFARS
246.471 to provide for contractor release
of supplies for shipment, without
Government authorization of the
shipping documents, based on criteria
that consider product complexity and
criticality and the contractor’s record of
quality control.
In addition, changes are proposed to
DD Form 250, Material Inspection and
Receiving Report. Since DoD forms are
not published in the Federal Register or
the Code of Federal Regulations, the
proposed changes to DD Form 250 do
not appear in the amendatory portion of
this proposed rule, but are described as
follows: The statements in Blocks 21a
and 21b (Contract Quality Assurance) of
DD Form 250 are proposed to be
changed, from ‘‘CQA/ACCEPTANCE of
listed items has been made by me or
under my supervision and they conform
to contract, except as noted herein or on
supporting documents’’, to ‘‘CQA/
ACCEPTANCE has been subject to
Government contract quality assurance
surveillance’’. The proposed changes
provide for the representative signing
the DD Form 250 at source to affirm that
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 246, 252 and Chapter 2
RIN 0750–AF88
Defense Federal Acquisition
Regulation Supplement; Quality
Assurance Authorization of Shipment
of Supplies (DFARS Case 2005–D024)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
mstockstill on PROD1PC66 with PROPOSALS
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
revise the criteria under which the
contract administration office may
permit a contractor to release supplies
for shipment without Government
authorization of the shipping
SUMMARY:
VerDate Aug<31>2005
16:23 Apr 22, 2008
Jkt 214001
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
the appropriate quality assurance
activities have been accomplished. The
clause at DFARS 252.246–7000,
Material Inspection and Receiving
Report, is amended to specify that a
contractor’s submission of a receiving
report constitutes the contractor’s
affirmation that the items listed on the
report conform to contract requirements.
The existing DD Form 250 is available
at https://www.dtic.mil/whs/directives/
infomgt/forms/formsprogram.htm.
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 proposed
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 proposed rule
primarily relates to the allocation of
Government resources to quality
assurance functions. 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
2005–D024.
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 246 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 246 and 252 and Appendix F
to Chapter 2 as follows:
1. The authority citation for 48 CFR
parts 246 and 252 and Appendix F to
subchapter I continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 246—QUALITY ASSURANCE
2. Section 246.471 is amended as
follows:
a. By removing paragraph (a)(4); and
b. By revising paragraph (b) heading
and paragraph (b)(1) to read as follows:
E:\FR\FM\23APP1.SGM
23APP1
]]>Agencies
[Federal Register Volume 73, Number 79 (Wednesday, April 23, 2008)]
[Proposed Rules]
[Pages 21891-21892]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8697]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 216
RIN 0750-AF90
Defense Federal Acquisition Regulation Supplement; Limitations on
DoD Non-Commercial Time-and-Materials Contracts (DFARS Case 2007-D021)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to address review and documentation
requirements with regard to the use of time-and-materials contracts for
the acquisition of non-commercial services. The proposed rule provides
for the same level of review for both commercial and non-commercial DoD
time-and-materials contracts.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before June 23, 2008, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2007-D021,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2007-D021 in the subject
line of the message.
Fax: 703-602-7887.
Mail: Defense Acquisition Regulations System, Attn: Ms. Sandra
Morris, OUSD (AT&L) DPAP (CPF), IMD 3D139, 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 http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra Morris, 703-602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
Section 16.601(d) of the Federal Acquisition Regulation (FAR)
requires that, before using a time-and-materials contract, the
contracting officer must prepare a determination and findings that no
other contract type is suitable. For time-and-materials contracts for
commercial services, FAR 12.207(b)(2) specifies the minimum content for
the determination and findings, and FAR 12.207(c) contains additional
requirements with regard to the use of indefinite-delivery contracts
priced on a time-and-materials basis.
To provide for the same level of oversight in the award of all DoD
time-and-materials contracts, this proposed rule amends DFARS 216.601
to establish determination and findings requirements for DoD non-
commercial time-and-materials contracts, similar to those presently
required by FAR 12.207 for commercial services contracts.
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 proposed 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 proposed rule relates to internal DoD review and
documentation requirements with regard to the selection of contract
type. 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 subpart in accordance with 5
U.S.C. 610. Such comments should be submitted separately and should
cite DFARS Case 2007-D021.
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 216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 216 as follows:
PART 216--TYPES OF CONTRACTS
1. The authority citation for 48 CFR part 216 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 216.601 is amended by adding paragraph (d) to read as
follows:
216.601 Time-and-materials contracts.
(d) Limitations.
(i) The determination and findings shall contain sufficient facts
and rationale to justify that no other contract type is suitable. At a
minimum, the determination and findings shall--
(A) Include a description of the market research conducted;
(B) Establish that it is not possible at the time of placing the
contract or order to accurately estimate the extent or duration of the
work or to anticipate costs with any reasonable degree of certainty;
[[Page 21892]]
(C) Establish that the requirement has been structured to minimize
the use of time-and-materials requirements (e.g., limiting the value or
length of the time-and-materials portion of the contract or order;
establishing fixed prices for portions of the requirement); and
(D) Describe the actions planned to minimize the use of time-and-
materials contracts on future acquisitions for the same requirements.
(ii) For indefinite-delivery contracts, the contracting officer
shall--
(A) Structure contracts that authorize time-and-materials orders to
also authorize orders on a cost-reimbursement, incentive, or fixed-
price basis, to the maximum extent practicable; and
(B) Execute the determination and findings for--
(1) Each order placed on a time-and-materials basis if the
indefinite-delivery contract also authorizes orders on a cost-
reimbursement, incentive, or fixed-price basis; or
(2) The basic contract if the indefinite-delivery contract only
authorizes time-and-materials orders. The determination and findings
shall--
(i) Contain sufficient facts and rationale to justify why orders on
a cost-reimbursement, incentive, and fixed-price basis are not
practicable; and
(ii) Be approved one level above the contracting officer.
* * * * *
[FR Doc. E8-8697 Filed 4-22-08; 8:45 am]
BILLING CODE 5001-08-P
