[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Rules and Regulations]
[Page 6485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12fe07-16]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 233
RIN 0750-AE01
Defense Federal Acquisition Regulation Supplement; Protests,
Disputes, and Appeals (DFARS Case 2003-D010)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text addressing
procedures for processing of contractor claims submitted under DoD
contracts. The rule removes obsolete text and relocates text to the
DFARS companion resource, Procedures, Guidance, and Information.
EFFECTIVE DATE: February 12, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D010.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule--
Removes text at DFARS 233.204 regarding research of a
contractor's history of filing claims during a contracting officer's
review of a current claim. Text on this subject has been relocated to
the DFARS companion resource, Procedures, Guidance, and Information
(PGI) at http://www.acq.osd.mil/
dpap/dars/pgi; and
Revises DFARS 233.210 to remove an obsolete cross-
reference and to add a reference to the guidance added to PGI regarding
review of a contractor's claim.
DoD published a proposed rule at 71 FR 34867 on June 16, 2006. The
proposed rule had provided for total elimination of the text at DFARS
233.204 and 233.210. One source submitted comments on the proposed
rule, recommending that, instead of total elimination, the text at
DFARS 233.204 should be relocated to PGI. DoD has adopted this
recommendation and has included the corresponding changes in the final
rule.
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 makes no significant change to DoD policy regarding
consideration of claims submitted by contractors.
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 233
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 233 is amended as follows:
PART 233--PROTESTS, DISPUTES, AND APPEALS
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1. The authority citation for 48 CFR Part 233 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
233.204 [Removed]
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2. Section 233.204 is removed.
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3. Section 233.210 is revised to read as follows:
233.210 Contracting officer's authority.
See PGI 233.210 for guidance on reviewing a contractor's claim.
[FR Doc. E7-2211 Filed 2-9-07; 8:45 am]
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