[Federal Register: September 6, 2007 (Volume 72, Number 172)]
[Proposed Rules]
[Page 51209-51211]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06se07-29]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 215 and 252
RIN 0750-AF40
Defense Federal Acquisition Regulation Supplement; Evaluation
Factor for Use of Members of the Selected Reserve (DFARS Case 2006-
D014)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement Section 819 of the National
Defense Authorization Act for Fiscal Year 2006. Section 819 authorizes
DoD to use an evaluation factor that considers whether an offeror
intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 5, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D014,
using any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2006-D014 in the
subject line of the message.
Fax: (703) 602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Michael Benavides, OUSD (AT&L) DPAP (DARS), 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: Mr. Michael Benavides, (703) 602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule implements Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 819
authorizes DoD to use an evaluation factor that considers whether an
offeror intends to perform a contract using employees or individual
subcontractors who are members of the Selected Reserve and requires
offerors to submit documentation supporting any stated intent to use
such employees or subcontractors.
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 use of the evaluation factor is discretionary and is not
expected to affect a significant number of acquisitions. 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 2006-D014.
C. Paperwork Reduction Act
This proposed rule contains a new information collection
requirement. DoD has submitted the following proposal to the Office of
Management and Budget (OMB) under the provisions of the Paperwork
Reduction Act (44 U.S.C. Chapter 35). Comments are invited on: (a)
Whether the proposed collection of information is necessary for the
proper performance of the functions of DoD, including whether the
information will have practical utility; (b) the accuracy of the
estimate of the burden of the proposed information
[[Page 51210]]
collection; (c) ways to enhance the quality, utility, and clarity of
the information to be collected; and (d) ways to minimize the burden of
the information collection on respondents, including the use of
automated collection techniques or other forms of information
technology. The following is a summary of the information collection
requirement.
Title: Defense Federal Acquisition Regulation Supplement (DFARS);
Evaluation Factor for Employing or Subcontracting with Members of the
Armed Forces Selected Reserve.
Type of Request: New requirement.
Number of Respondents: 100.
Responses per Respondent: 1.
Annual Responses: 100.
Average Burden per Response: 1 hour.
Annual Burden Hours: 100.
Needs and Uses: DoD needs this information to implement Section 819
of the National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109-163). Section 819 authorizes DoD to use an evaluation factor
that considers whether an offeror intends to perform a contract using
employees or individual subcontractors who are members of the Selected
Reserve, and requires offerers to submit documentation supporting any
stated intent to use such employees or subcontractors.
Affected Public: Businesses or other for-profit and not-for-profit
institutions.
Frequency: On occasion.
Respondent's Obligation: Required to obtain or retain benefits.
Written comments and recommendations on the proposed information
collection should be sent to Ms. Hillary Fielden at the Office of
Management and Budget, Desk Officer for DoD, Room 10236, New Executive
Office Building, Washington, DC 20503, with a copy to the Defense
Acquisition Regulations System, Attn: Mr. Michael Benavides, OUSD
(AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Comments can be received from 30 to 60 days after the date
of this notice, but comments to OMB will be most useful if received by
OMB within 30 days after the date of this notice.
To request more information on this proposed information collection
or to obtain a copy of the proposal and associated collection
instruments, please write to the Defense Acquisition Regulations
System, Attn: Mr. Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD
3D139, 3062 Defense Pentagon, Washington, DC 20301-3062.
List of Subjects in 48 CFR Parts 215 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 215 and 252 as
follows:
1. The authority citation for 48 CFR parts 215 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
2. Sections 215.370 through 215.370-3 are added to read as follows:
215.370 Evaluation factor for employing or subcontracting with members
of the Selected Reserve.
215.370-1 Definition.
Selected Reserve, as used in this section, is defined in the
provision at 252.215-XXXX, Evaluation Factor for Employing or
Subcontracting with Members of the Selected Reserve.
215.370-2 Evaluation factor.
In accordance with Section 819 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), the
contracting officer may use an evaluation factor that considers whether
an offeror intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve. See
PGI 215.370-2 for guidance on use of this evaluation factor.
215.370-3 Solicitation provision and contract clause.
(a) Use the provision at 252.215-XXXX, Evaluation Factor for
Employing or Subcontracting with Members of the Selected Reserve, in
solicitations that include an evaluation factor considering whether an
offeror intends to perform the contract using employees or individual
subcontractors who are members of the Selected Reserve.
(b) Use the clause at 252.215-YYYY, Use of Employees or Individual
Subcontractors Who are Members of the Selected Reserve, in
solicitations that include the provision at 252.215-XXXX. Include the
clause in the resultant contract only if the contractor stated in its
proposal that it intends to perform the contract using employees or
individual subcontractors who are members of the Selected Reserve, and
that statement was used as an evaluation factor in the award decision.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Sections 252.215-XXXX and 252.215-YYYY are added to read as
follows:
252.215-XXXX Evaluation Factor for Employing or Subcontracting with
Members of the Selected Reserve.
As prescribed in 215.370-3(a), use the following provision:
Evaluation Factor for Employing or Subcontracting With Members of the
Selected Reserve (XXX 2007)
(a) Definition. Selected Reserve, as used in this provision, has
the meaning given that term in 10 U.S.C. 10143. Selected Reserve
members normally attend regular drills throughout the year and are the
group of Reserves most readily available to the President.
(b) This solicitation includes an evaluation factor that considers
the offeror's intended use of employees, or individual subcontractors,
who are members of the Selected Reserve.
(c) If the offeror, in the performance of any contract resulting
from this solicitation, intends to use employees or individual
subcontractors who are members of the Selected Reserve, the offeror's
proposal shall include documentation to support this intent. Such
documentation may include, but is not limited to--
(1) Existing company documentation, such as payroll or personnel
records, indicating the names of the Selected Reserve members who are
currently employed by the company; or
(2) A statement that one or more positions will be set aside to be
filled by new hires of Selected Reserve members, along with verifying
documentation.
(End of provision)
252.215-YYYY Use of Employees or Individual Subcontractors Who are
Members of the Selected Reserve.
As prescribed in 215.370-3(b), use the following clause:
Use of Employees or Individual Subcontractors Who Are Members of the
Selected Reserve (XXX 2007)
(a) Definition. Selected Reserve, as used in this clause, has the
meaning given that term in 10 U.S.C. 10143. Selected Reserve members
normally attend regular drills throughout the year and are the group of
Reserves most readily available to the President.
(b) If the Contractor stated in its offer that it intends to use
members of the Selected Reserve in the performance of this contract--
[[Page 51211]]
(1) The Contractor shall use employees, or individual
subcontractors, who are members of the Selected Reserve in the
performance of the contract to the fullest extent consistent with
efficient contract performance; and
(2) The Government has the right to terminate the contract for
default if the Contractor willfully or intentionally fails to use
members of the Selected Reserve, as employees or individual
subcontractors, in the performance of the contract.
(End of clause)
[FR Doc. E7-17424 Filed 9-5-07; 8:45 am]
BILLING CODE 5001-08-P