[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Rules and Regulations]
[Page 65088-65089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-9]
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DEPARTMENT OF DEFENSE
48 CFR Parts 209 and 252
[DFARS Case 2003-D011]
Defense Federal Acquisition Regulation Supplement; Contractor
Qualifications Relating to Contract Placement
AGENCY: 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 delete text pertaining to
contractor qualification requirements. This rule is a result of a
transformation initiative undertaken by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Effective Date: November 10, 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D011.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dfars/transf.htm.
This final rule is a result of the DFARS Transformation initiative.
The DFARS changes include--
Deletion of text at DFARS 209.103, 209.103-70, and
252.209-7000 pertaining to obsolete Intermediate Range Nuclear Forces
(INF) Treaty inspection requirements.
Deletion of text at DFARS 209.106-1, 209.106-2, and
209.202 containing internal DoD procedures relating to requests for
pre-award surveys and approval for use of product qualification
requirements. This text has been relocated to the new DFARS companion
resource, Procedures, Guidance, and Information (PGI), available at
http://www.acq.osd.mil/dpap/dars/pgi.
Deletion of unnecessary first article testing and approval
requirements in DFARS subpart 209.3.
DoD published a proposed rule at 69 FR 8150 on February 23, 2004.
DoD received no comments on the proposed rule. Therefore, DoD has
adopted the proposed rule as a final rule. An additional change has
been made at DFARS 209.202 to reflect the qualification requirements
for aviation critical safety items added to the DFARS on September 17,
2004 (69 FR 55987).
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 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
deletes DFARS text that is obsolete, unnecessary, or procedural, but
makes no significant change to contracting policy.
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.
[[Page 65089]]
List of Subjects in 48 CFR Parts 209 and 252
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
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Therefore, 48 CFR parts 209 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 209 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
209.103 and 209.103-70 [Removed]
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2. Sections 209.103 and 209.103-70 are removed.
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3. Section 209.106 is revised to read as follows:
209.106 Preaward surveys.
When requesting a preaward survey, follow the procedures at PGI
209.106.
209.106-1 and 209.106-2 [Removed]
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4. Sections 209.106-1 and 209.106-2 are removed.
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5. Section 209.202 is revised to read as follows:
209.202 Policy.
(a)(1) Except for aviation critical safety items, obtain approval
in accordance with PGI 209.202(a)(1) when establishing qualification
requirements. See 209.270 for approval of qualification requirements
for aviation critical safety items.
Subpart 209.3 [Removed]
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6. Subpart 209.3 is removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.209-7000 [Removed and Reserved]
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7. Section 252.209-7000 is removed and reserved.
[FR Doc. 04-24862 Filed 11-9-04; 8:45 am]
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