Defense Federal Acquisition Regulation Supplement; Limitations on DoD Non-Commercial Time-and-Materials Contracts DFARS Case 2007-D021, 70912-70913 [E8-27780]
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Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
Noncontiguous Trade, in solicitations
that require a covered vessel for carriage
of cargo for DoD. See 247.573–3 for
reporting of the information received
from offerors in response to the
provision. See 247.573–2(c)(3) for the
required evaluation criterion.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
*
*
mstockstill on PROD1PC66 with RULES
*
Defense Acquisition Regulations
System
48 CFR Part 216
RIN 0750–AF90
*
EVALUATION PREFERENCE FOR USE
OF DOMESTIC SHIPYARDS—
APPLICABLE TO ACQUISITION OF
CARRIAGE BY VESSEL FOR DOD
CARGO IN THE COASTWISE OR
NONCONTIGUOUS TRADE (NOV
2008)
(a) Definitions. As used in this provision—
Covered vessel means a vessel—
(1) Owned, operated, or controlled by the
offeror; and
(2) Qualified to engage in the carriage of
cargo in the coastwise or noncontiguous
trade under Section 27 of the Merchant
Marine Act, 1920 (46 U.S.C. 12101, 12132,
and 55102), commonly referred to as ‘‘Jones
Act’’; 46 U.S.C. 12102, 12112, and 12119; and
Section 2 of the Shipping Act, 1916 (46
U.S.C. 50501).
Foreign shipyard means a shipyard that is
not a U.S. shipyard.
Overhaul, repair, and maintenance work
means work requiring a shipyard period
greater than or equal to 5 calendar days.
Shipyard means a facility capable of
performing overhaul, repair, and
maintenance work on covered vessels.
U.S. shipyard means a shipyard that is
located in any State of the United States or
in Guam.
(b) This solicitation includes an evaluation
criterion that considers the extent to which
the offeror has had overhaul, repair, and
maintenance work for covered vessels
performed in U.S. shipyards.
(c) The offeror shall provide the following
information with its offer, addressing all
covered vessels for which overhaul, repair,
and maintenance work has been performed
during the period covering the current
calendar year, up to the date of proposal
submission, and the preceding four calendar
years:
(1) Name of vessel.
(2) Description and cost of qualifying
shipyard work performed in U.S. shipyards.
(3) Description and cost of qualifying
shipyard work performed in foreign
shipyards and whether—
VerDate Aug<31>2005
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DEPARTMENT OF DEFENSE
252.247–7026 Evaluation Preference for
Use of Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for DoD
Cargo in the Coastwise or Noncontiguous
Trade.
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BILLING CODE 5001–08–P
8. Section 252.247–7026 is amended
by revising the clause date and
paragraphs (a) through (c) to read as
follows:
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[FR Doc. E8–27782 Filed 11–21–08; 8:45 am]
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(i) Such work was performed as emergency
repairs in foreign shipyards due to accident,
emergency, Act of God, or an infirmity to the
vessel, and safety considerations warranted
taking the vessel to a foreign shipyard; or
(ii) Such work was paid for or reimbursed
by the U.S. Government.
(4) Names of shipyards that performed the
work.
(5) Inclusive dates of work performed.
19:21 Nov 21, 2008
Jkt 217001
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).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address review and
documentation requirements pertaining
to the use of time-and-materials
contracts for the acquisition of noncommercial services. The rule provides
for the same level of review for both
commercial and non-commercial DoD
time-and-materials contracts.
DATES: Effective Date: November 24,
2008.
Ms.
Angie Sawyer, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8384;
facsimile 703–602–7887. Please cite
DFARS Case 2007–D021.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
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 rule
amends DFARS 216.601 to establish
determination and findings
requirements for DoD non-commercial
time-and-materials contracts, similar to
those required by FAR 12.207 for
commercial services contracts.
DoD published a proposed rule at 73
FR 21891 on April 23, 2008. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
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 relates to internal DoD
review and documentation requirements
with regard to the selection of contract
type.
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, 48 CFR Part 216 is
amended 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;
E:\FR\FM\24NOR1.SGM
24NOR1
Federal Register / Vol. 73, No. 227 / Monday, November 24, 2008 / Rules and Regulations
(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;
(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.
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(DFARS) to update the list of ‘‘least
developed’’ countries that are
designated as eligible countries under
the Trade Agreements Act, in
accordance with direction from the
United States Trade Representative.
DATES: Effective Date: November 24,
2008.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D019.
SUPPLEMENTARY INFORMATION:
A. Background
The United States Trade
Representative has revised the list of
‘‘least developed’’ countries that are
designated as eligible countries under
the Trade Agreements Act (19 U.S.C.
2501, et seq.), to add Liberia and to
remove Cape Verde. This final rule
makes corresponding changes to the list
of designated countries in the clauses at
DFARS 252.225–7021, Trade
Agreements, and 252.225–7045, Balance
of Payments Program—Construction
Material Under Trade Agreements.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
252.212–7001
[Amended]
2. Section 252.212–7001 is amended
as follows:
■ a. By revising the clause date to read
‘‘(NOV 2008)’’; and
■ b. In paragraph (b)(9) by removing
‘‘(MAR 2007)’’ and adding in its place
‘‘(NOV 2008)’’.
■ 3. Section 252.225–7021 is amended
by revising the clause date and
paragraph (a)(3)(iii) to read as follows:
■
252.225–7021
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*
Trade Agreements.
*
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TRADE AGREEMENTS (NOV 2008)
(a) * * *
(3) * * *
(iii) A least developed country
(Afghanistan, Angola, Bangladesh, Benin,
Bhutan, Burkina Faso, Burundi, Cambodia,
Central African Republic, Chad, Comoros,
Democratic Republic of Congo, Djibouti, East
Timor, Equatorial Guinea, Eritrea, Ethiopia,
Gambia, Guinea, Guinea-Bissau, Haiti,
Kiribati, Laos, Lesotho, Liberia, Madagascar,
Malawi, Maldives, Mali, Mauritania,
Mozambique, Nepal, Niger, Rwanda, Samoa,
Sao Tome and Principe, Senegal, Sierra
Leone, Solomon Islands, Somalia, Tanzania,
Togo, Tuvalu, Uganda, Vanuatu, Yemen, or
Zambia); or
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 2008–D019.
*
48 CFR Part 252
C. Paperwork Reduction Act
RIN 0750–AG08
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.
BALANCE OF PAYMENTS
PROGRAM—CONSTRUCTION
MATERIAL UNDER TRADE
AGREEMENTS (NOV 2008)
[FR Doc. E8–27780 Filed 11–21–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Defense Federal Acquisition
Regulation Supplement; Least
Developed Countries That Are
Designated Countries DFARS Case
2008–D019
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
mstockstill on PROD1PC66 with RULES
70913
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
VerDate Aug<31>2005
19:21 Nov 21, 2008
Jkt 217001
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
■
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
*
*
*
*
4. Section 252.225–7045 is amended
as follows:
■ a. By revising the clause date; and
■ b. In paragraph (a), in the definition of
‘‘Designated country’’, by revising
paragraph (3) to read as follows:
■
252.225–7045 Balance of Payments
Program—Construction Material Under
Trade Agreements.
*
*
*
*
*
(a) * * *
Designated country means—
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(3) A least developed country (Afghanistan,
Angola, Bangladesh, Benin, Bhutan, Burkina
Faso, Burundi, Cambodia, Central African
Republic, Chad, Comoros, Democratic
Republic of Congo, Djibouti, East Timor,
Equatorial Guinea, Eritrea, Ethiopia, Gambia,
Guinea, Guinea-Bissau, Haiti, Kiribati, Laos,
Lesotho, Liberia, Madagascar, Malawi,
Maldives, Mali, Mauritania, Mozambique,
Nepal, Niger, Rwanda, Samoa, Sao Tome and
E:\FR\FM\24NOR1.SGM
24NOR1
]]>Agencies
[Federal Register Volume 73, Number 227 (Monday, November 24, 2008)]
[Rules and Regulations]
[Pages 70912-70913]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-27780]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address review and
documentation requirements pertaining to the use of time-and-materials
contracts for the acquisition of non-commercial services. The rule
provides for the same level of review for both commercial and non-
commercial DoD time-and-materials contracts.
DATES: Effective Date: November 24, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile
703-602-7887. Please cite DFARS Case 2007-D021.
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 rule amends DFARS 216.601 to
establish determination and findings requirements for DoD non-
commercial time-and-materials contracts, similar to those required by
FAR 12.207 for commercial services contracts.
DoD published a proposed rule at 73 FR 21891 on April 23, 2008. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule without change.
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 relates to internal DoD review and documentation
requirements with regard to the selection of contract type.
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.
0
Therefore, 48 CFR Part 216 is amended as follows:
PART 216--TYPES OF CONTRACTS
0
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.
0
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;
[[Page 70913]]
(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;
(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. E8-27780 Filed 11-21-08; 8:45 am]
BILLING CODE 5001-08-P
