Defense Federal Acquisition Regulation Supplement: Electronic Copies of Contractual Documents (DFARS Case 2012-D056), 4846-4848 [2015-01435]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Proposed Rules]
[Pages 4846-4848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01435]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204 and 237

RIN 0750-AI29


Defense Federal Acquisition Regulation Supplement: Electronic 
Copies of Contractual Documents (DFARS Case 2012-D056)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to state the policy that the Electronic 
Document Access (EDA) system is DoD's online repository and 
distribution tool for contract documents and contract data, require 
internal control procedures for contract document and data verification 
in EDA, and remove outmoded language that is not consistent with 
electronic document processes.

DATES: Comments on the proposed rule should be submitted in writing to 
the

[[Page 4847]]

address shown below on or before March 30, 2015 to be considered in the 
formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2012-D056, using 
any of the following methods:
    [cir] Regulations.gov: https://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D056'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2012-D056.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2012-D056'' on your document.
    [cir] Email: osd.dfars@mail.mil. Include DFARS Case 2012-D056 in 
the subject line of the message.
    [cir] Fax: 571-372-6094
    [cir] Mail: Defense Acquisition Regulations System, Attn: Jennifer 
Hawes, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Jennifer Hawes, telephone 571-372-
6115.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD utilizes the Electronic Document Access (EDA) system for the 
distribution and sharing of contracts and contract data. The Defense 
Electronic Business Program Office established business rules for the 
EDA system, which became effective November 5, 2001. In November 2009, 
DoD instructed its contracting officers to register in EDA, and use of 
EDA is now the standard business practice employed by DoD contracting 
offices. A review of DFARS coverage related to contract files and 
contract distribution resulted in recommendations to remove language 
that was structured to support processes for and distribution of paper 
files and paper copies. Similarly, DFARS language is required to 
reflect current electronic processes supported by EDA.

II. Discussion and Analysis

    This rule proposes to amend DFARS 204.270, Electronic Document 
Access, to effect the following clarifications and changes:
     State as policy that EDA, an online repository for 
contractual instruments and supporting documents, is DoD's primary tool 
for electronic distribution of contract documents and contract data.
     Provide that agencies have certain responsibilities when 
posting documents to EDA, to include internal control procedures that 
ensure electronic copies of contract documents and data in EDA are 
accurate representations of original documents.
    The rule also proposes revisions to DFARS 204.802, Contract Files. 
The language in this section, which addresses contract file 
requirements for authenticating and conforming paper documents and 
copies, is being removed as it is outdated. A new paragraph is being 
added providing that electronic documents posted to the EDA system are 
a part of the contract file.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 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

    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 rule is only updating the regulation to reflect current 
electronic distribution practices in lieu of paper distribution. 
However, an initial regulatory flexibility analysis has been performed 
and is summarized as follows:
    DoD utilizes the Electronic Document Access (EDA) system for the 
distribution and sharing of contracts and contract data. The Defense 
Electronic Business Program Office established business rules for the 
EDA system, which became effective November 5, 2001. In November 2009, 
DoD instructed its contracting officers to register in EDA, and use of 
EDA is now a standard practice of DoD contracting offices. A review of 
the DFARS language related to contract files and contract distribution 
resulted in recommendations to remove coverage that was structured to 
support processes for and distribution of paper files and paper copies. 
Additionally, it was recognized that coverage was needed to reflect 
current electronic processes supported by EDA.
    This rule proposes to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add language to DFARS 204.270, 
Electronic Document Access, to effect the following clarifications and 
changes:
     State as policy that EDA, an online repository for 
contractual instruments and supporting documents, is DoD's primary tool 
for electronic distribution of contract documents and contract data.
     Provide that agencies have certain responsibilities when 
posting documents to EDA, to include internal control procedures that 
ensure electronic copies of contract documents and data in EDA are 
accurate representations of original documents.
     The rule also proposes revisions to DFARS 204.802, 
Contract Files. The language in this section, which addresses contract 
file requirements for authenticating and conforming paper documents and 
copies, is being removed as it is outdated. A new paragraph is being 
added providing that electronic documents posted to the EDA system are 
a part of the contract file.
    Use of EDA has been a standard business practice employed by DoD 
contracting offices to distribute electronic copies of contractual 
documents for several years. Therefore, this proposed rule is expected 
to have little, if any, impact on small entities. The rule proposes to 
update the DFARS to reflect policy regarding electronic posting and 
distribution of contractual instruments and to remove outdated coverage 
applicable to paper copies of contractual documents. As such, this rule 
primarily affects internal Government distribution procedures.
    This rule does not require any reporting or recording keeping. The 
rule does not duplicate, overlap, or conflict with any other Federal 
rule. There are no practical alternatives that will accomplish the 
objectives of this proposed rule.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the

[[Page 4848]]

existing regulations in subparts affected by this rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D056), in 
correspondence.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 204 and 237

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 204 and 237 are proposed to be amended as 
follows:

0
1. The authority citation for parts 204 and 237 continues to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 204--ADMINISTRATIVE MATTERS

0
2. Add sections 204.270-1 and 204.270-2 to subpart 204.2 to read as 
follows:


204.270-1  Policy.

    (a) The Electronic Document Access (EDA) system, an online 
repository for contractual instruments and supporting documents, is 
DoD's primary tool for electronic distribution of contract documents 
and contract data.
    (b) Agencies are responsible for ensuring the following when 
posting documents, including contractual instruments, to EDA--
    (1) The timely distribution of documents; and
    (2) That internal controls are in place to ensure that--
    (i) The electronic version of a contract document in EDA is an 
accurate representation of the original contract document; and
    (ii) The contract data in EDA is an accurate representation of the 
underlying contract.


204.270-2  Procedures.

    The procedures at PGI 204.270-2 provide details on how to record 
the results of data verification in EDA. When these procedures are 
followed, contract documents in EDA are an accurate representation of 
the original contract document and therefore may be used for audit 
purposes.
0
3. Revise section 204.802 to read as follows:


204.802  Contract files.

    (a) Any document posted to the Electronic Document Access (EDA) 
system is part of the contract file and is accessible by multiple 
parties, including the contractor. Inclusion of any document in EDA 
other than contracts, modifications, and orders is optional.


204.805  [Amended]

0
4. Amend section 204.805 by removing ``official contract files'' and 
adding ``contract files'' in its place.

PART 237--SERVICE CONTRACTING

0
5. Revise section 237.172 to read as follows:


237.172  Service contracts surveillance.

    Ensure that quality assurance surveillance plans are prepared in 
conjunction with the preparation of the statement of work or statement 
of objectives for solicitations and contracts for services. These plans 
should be tailored to address the performance risks inherent in the 
specific contract type and the work effort addressed by the contract. 
(See FAR subpart 46.4.) Retain quality assurance surveillance plans in 
the contract file. See https://sam.dau.mil, Step Four--Requirements 
Definition, for examples of quality assurance surveillance plans.

[FR Doc. 2015-01435 Filed 1-28-15; 8:45 am]
BILLING CODE 5001-06-P