Defense Federal Acquisition Regulation Supplement; Services of Senior Mentors (DFARS Case 2010-D025), 71563-71564 [2010-29507]
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
DoD is adopting as final, with
a minor change, an interim rule
amending the DFARS to implement
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations.
DATES: Effective Date: November 24,
2010.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Ms.
Meredith Murphy, 703–602–1302.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register at 75 FR 32638 on June
8, 2010, to implement section 819 of the
National Defense Authorization Act for
Fiscal Year 2010. The interim rule
added coverage at DFARS 217.202 and
234.005–1. The intent of the statute is to
prevent a contract for new technology
that is initially awarded as a result of
competition, from becoming a
noncompetitive effort for the
development of advance components or
the procurement of prototype units. The
DFARS implementation places specific
limits, in accordance with the statute,
on the dollar value, period of
performance, and time for exercise of
contract line items or contract options
for such contracts.
The comment period closed on
August 9, 2010. A single comment was
received in response to the interim rule.
The respondent commented that
including the change in DFARS part 234
will result in users following this
requirement only when procuring major
systems. This issue was raised during
the preparation of the interim rule. DoD
confirmed that part 234 is the optimal
location, but has added to DFARS part
235, Research and Development
Contracting, a second cross-reference to
the part 234 coverage.
II. Executive Order 12866
Specifically, the final rule implements
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations. When the
prohibition applies, it limits the dollar
value, period of performance, and time
for exercise of such contract line items
or contract options. The intent of the
final rule is to prevent a contract for
new technology that is initially awarded
as a result of competition from
becoming a noncompetitive effort for
the development of advanced
components or the procurement of
prototype units.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the final 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 217,
234, and 235
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 217 and 234,
which was published in the Federal
Register at 75 FR 32638 on June 8, 2010,
is adopted as final with the following
changes:
■ 1. The authority citation for 48 CFR
parts 217, 234, and 235 continues to
read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
III. Regulatory Flexibility Act
jlentini on DSKJ8SOYB1PROD with RULES
This is not a significant regulatory
action and, therefore, was not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
See 234.005–1 for limitations on the
use of contract line items or contract
options for the provision of advanced
component development or prototypes
of technology developed under a
competitively awarded proposal.
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 changes are to internal
Government operating procedures.
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16:38 Nov 23, 2010
Jkt 223001
2. Section 235.006–71 is added to
subpart 235.006 to read as follows:
■
235.006–71
Competition.
[FR Doc. 2010–29498 Filed 11–23–10; 8:45 am]
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71563
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
Defense Federal Acquisition
Regulation Supplement; Services of
Senior Mentors (DFARS Case 2010–
D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement DoD policy on
the services of senior mentors.
DATES: Effective: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, 703–602–1302,
Defense Acquisition Regulations
System, OUSD (AT&L) DPAP/DARS,
3060 Defense Pentagon, Room 3B855,
Washington, DC 20301–3060.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This DFARS case is implementing the
DoD policy on the services of senior
mentors. These policies are set forth in
two memoranda:
• Secretary of Defense Memorandum
entitled ‘‘Policy on Senior Mentors,’’
dated April 1, 2010; and
• Deputy Secretary of Defense
Memorandum entitled ‘‘Implementation
Guidance on Senior Mentor Policy,’’
dated July 8, 2010.
This case is being published as a final
rule because the policy changes have
already been established by the
Secretary of Defense and the Deputy
Secretary of Defense in their policy
memoranda. The DFARS language
incorporated by this rule is
implementing the policy established in
the memoranda, which impacts internal
DoD operations with no impact on the
public. Therefore, publication for public
comments is not necessary.
II. Discussion
Senior mentors are retired flag,
general, or other military officers or
retired senior civilian officials who
provide expert experience-based
mentoring, teaching, training, advice,
and recommendations to senior military
officers, staff, and students as they
participate in war games, warfighting
courses, operational planning,
operational exercises, and decisionmaking exercises. The relevant prior
service, joint force experience, and
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71564
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Rules and Regulations
unique expertise of senior mentors
provide senior leadership with valuable
insights and contribute to the
continuous improvement of the DoD
operations.
Because of DoD’s increased need for
senior mentors to participate in
warfighting exercises and its desire to
promote public trust and confidence in
the integrity of its programs and
operations, the Secretary has directed
the adoption of a uniform hiring process
that will provide consistency and
transparency to the senior mentor
program. Specifically, the Secretary has
directed that all requirements for senior
mentor services must be satisfied by
employing senior mentors as ‘‘highly
qualified experts,’’ a type of civil service
position under 5 U.S.C. 9903. As highly
qualified experts, senior mentors will be
subject to applicable Federal personnel
and ethics laws and regulations.
Therefore, DoD will not use the
authority of 5 U.S.C. 3109 or 10 U.S.C.
129(b) to enter into personal services
contracts with senior mentors or
otherwise contract for the services of
senior mentors. This final rule
implements the Secretary’s policy by
adding a prohibition against contracting
for the services of senior mentors at
DFARS 237.102–73.
III. Executive Order 12866
List of Subjects in 48 CFR Part 237
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 237 is
amended as follows:
Pension Review from Procedures,
Guidance, and Information (PGI) to the
Defense Federal Acquisition Regulation
Supplement (DFARS).
DATES: Effective Date: November 24,
2010.
■
FOR FURTHER INFORMATION CONTACT:
PART 237—SERVICE CONTRACTING
Mary Overstreet, 703–602–0311.
SUPPLEMENTARY INFORMATION:
1. The authority citation for 48 CFR
part 237 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. Section 237.101 is amended by
adding the definition for ‘‘senior
mentor’’ in alphabetical order as follows:
■
237.101
Definitions.
*
*
*
*
*
‘‘Senior mentor’’ means a retired flag,
general, or other military officer or
retired senior civilian official who
provides expert experience-based
mentoring, teaching, training, advice,
and recommendations to senior military
officers, staff, and students as they
participate in war games, warfighting
courses, operational planning,
operational exercises, and decisionmaking exercises.
■ 3. Section 237.102–73 is added as
follows:
237.102–73 Prohibition on contracts for
services of senior mentors.
Ms.
I. Background
This final rule relocates requirements
for Contractor Insurance/Pension
Review to DFARS 242.7302 from PGI
242.7302.
DoD published a proposed rule at 75
FR 33237 on June 11, 2010, and the
public comment period closed on
August 10, 2010. No public comments
were received. Therefore, DoD is making
no changes to the final rule.
II. Executive Order 12866
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. 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. The
rule is consistent with existing policy
that a CIPR is only required for those
contractors that have $50 million in
qualifying sales to the Government. The
rule merely relocates the requirements
for CIPR from the PGI to the DFARS.
This is not a significant regulatory
action and, therefore, is not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
DoD is prohibited from entering into
contracts for the services of senior
mentors. See PGI 237.102–73 for
references to DoD policy and
implementation guidance.
[FR Doc. 2010–29507 Filed 11–23–10; 8:45 am]
IV. Paperwork Reduction Act
IV. Regulatory Flexibility Act
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The Paperwork Reduction Act (Pub.
L. 96–511) applies because information
collection requirements in the proposed
rule at DFARS subpart 242.73 are
currently approved under Office of
Management and Budget Control
Number 0704–0250. Relocating the
requirement has no impact on the
information collection requirement.
The Regulatory Flexibility Act does
not apply to this rule. This rule will not
have a significant economic impact
upon a substantial number of small
entities because this final rule does not
constitute a significant DFARS revision
within the meaning of 41 U.S.C. 418b
and FAR 1.501 and does not require
publication for public comment. The
rule is internal to DoD and does not
impose any requirements on small
businesses. Therefore, a regulatory
flexibility analysis has not been
performed.
jlentini on DSKJ8SOYB1PROD with RULES
V. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the final rule does not
contain any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C., et seq.
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Jkt 223001
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
RIN 0750–AG77
List of Subjects in 48 CFR Part 242
Defense Federal Acquisition
Regulation Supplement; Contractor
Insurance/Pension Review (DFARS
Case 2009–D025)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
The Department of Defense
(DoD) is issuing a final rule to remove
and relocate the requirements for
conducting a Contractor Insurance/
SUMMARY:
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Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 242 is
amended as follows:
■
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
1. The authority citation for 48 CFR
part 242 continues to read as follows:
■
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]]>Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Rules and Regulations]
[Pages 71563-71564]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29507]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 237
Defense Federal Acquisition Regulation Supplement; Services of
Senior Mentors (DFARS Case 2010-D025)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement DoD policy on
the services of senior mentors.
DATES: Effective: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302,
Defense Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060
Defense Pentagon, Room 3B855, Washington, DC 20301-3060.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case is implementing the DoD policy on the services of
senior mentors. These policies are set forth in two memoranda:
Secretary of Defense Memorandum entitled ``Policy on
Senior Mentors,'' dated April 1, 2010; and
Deputy Secretary of Defense Memorandum entitled
``Implementation Guidance on Senior Mentor Policy,'' dated July 8,
2010.
This case is being published as a final rule because the policy
changes have already been established by the Secretary of Defense and
the Deputy Secretary of Defense in their policy memoranda. The DFARS
language incorporated by this rule is implementing the policy
established in the memoranda, which impacts internal DoD operations
with no impact on the public. Therefore, publication for public
comments is not necessary.
II. Discussion
Senior mentors are retired flag, general, or other military
officers or retired senior civilian officials who provide expert
experience-based mentoring, teaching, training, advice, and
recommendations to senior military officers, staff, and students as
they participate in war games, warfighting courses, operational
planning, operational exercises, and decision-making exercises. The
relevant prior service, joint force experience, and
[[Page 71564]]
unique expertise of senior mentors provide senior leadership with
valuable insights and contribute to the continuous improvement of the
DoD operations.
Because of DoD's increased need for senior mentors to participate
in warfighting exercises and its desire to promote public trust and
confidence in the integrity of its programs and operations, the
Secretary has directed the adoption of a uniform hiring process that
will provide consistency and transparency to the senior mentor program.
Specifically, the Secretary has directed that all requirements for
senior mentor services must be satisfied by employing senior mentors as
``highly qualified experts,'' a type of civil service position under 5
U.S.C. 9903. As highly qualified experts, senior mentors will be
subject to applicable Federal personnel and ethics laws and
regulations.
Therefore, DoD will not use the authority of 5 U.S.C. 3109 or 10
U.S.C. 129(b) to enter into personal services contracts with senior
mentors or otherwise contract for the services of senior mentors. This
final rule implements the Secretary's policy by adding a prohibition
against contracting for the services of senior mentors at DFARS
237.102-73.
III. Executive Order 12866
This is not a significant regulatory action and, therefore, is not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
rule will not have a significant economic impact upon a substantial
number of small entities because this final rule does not constitute a
significant DFARS revision within the meaning of 41 U.S.C. 418b and FAR
1.501 and does not require publication for public comment. The rule is
internal to DoD and does not impose any requirements on small
businesses. Therefore, a regulatory flexibility analysis has not been
performed.
V. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does not contain any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C., et
seq.
List of Subjects in 48 CFR Part 237
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 237 is amended as follows:
PART 237--SERVICE CONTRACTING
0
1. The authority citation for 48 CFR part 237 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
0
2. Section 237.101 is amended by adding the definition for ``senior
mentor'' in alphabetical order as follows:
237.101 Definitions.
* * * * *
``Senior mentor'' means a retired flag, general, or other military
officer or retired senior civilian official who provides expert
experience-based mentoring, teaching, training, advice, and
recommendations to senior military officers, staff, and students as
they participate in war games, warfighting courses, operational
planning, operational exercises, and decision-making exercises.
0
3. Section 237.102-73 is added as follows:
237.102-73 Prohibition on contracts for services of senior mentors.
DoD is prohibited from entering into contracts for the services of
senior mentors. See PGI 237.102-73 for references to DoD policy and
implementation guidance.
[FR Doc. 2010-29507 Filed 11-23-10; 8:45 am]
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