[Federal Register: February 23, 2004 (Volume 69, Number 35)]
[Proposed Rules]
[Page 8145-8146]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23fe04-22]
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DEPARTMENT OF DEFENSE
48 CFR Parts 201 and 202
[DFARS Case 2003-D090]
Defense Federal Acquisition Regulation Supplement; Procedures,
Guidance, and Information
AGENCY: 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 define a companion resource to the
DFARS that will contain mandatory and non-mandatory internal DoD
procedures, non-mandatory guidance, and supplemental information. This
new resource, entitled Procedures, Guidance, and Information, is a
result of a transformation initiative undertaken by DoD to dramatically
change the purpose and content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 23, 2004, to be considered
in the formation of the final rule.
ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
As an alternative,
respondents may e-mail comments to: dfars@osd.mil. Please cite DFARS
Case 2003-D090 in the subject line of e-mailed comments.
Respondents that cannot submit comments using either of the above
methods may submit comments to: Defense Acquisition Regulations
Council, Attn: Ms. Michele Peterson, OUSD (AT&L) DPAP (DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite DFARS Case 2003-D090.
At the end of the comment period, interested parties may view
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf
.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, (703) 602-0311.
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/dp/dars/transf.htm.
This proposed rule establishes the framework for a new DFARS
companion resource, Procedures, Guidance, and Information (PGI), which
will contain mandatory and non-mandatory internal DoD procedures, non-
mandatory guidance, and supplemental information. PGI will not be
published in the Code of Federal Regulations, but will be available
electronically at http://www.acq.osd.mil/dp/dars/ dfars.html. Use of
PGI will enable DoD to more rapidly convey internal administrative and
procedural information to the acquisition workforce. The HTML version
of the DFARS available at http://www.acq.osd.mil/dp/dars/dfars.html
will contain computerized links to the corresponding PGI sections.
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 new
DFARS companion resource will contain only procedures, guidance, and
information that have no significant effect beyond the internal
operating procedures of DoD and no significant cost or administrative
impact on contractors or offerors. 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 2003-D090.
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 8146]]
List of Subjects in 48 CFR Parts 201 and 202
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, DoD proposes to amend 48 CFR Parts 201 and 202 as
follows:
1. The authority citation for 48 CFR Parts 201 and 202 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Section 201.105-3 is revised to read as follows:
201.105-3 Copies.
The DFARS and the DFARS Procedures, Guidance, and Information (PGI)
are available electronically via the World Wide Web at http://www.acq.osd.mil/dp/dars/dfars.html
.
3. Section 201.201-70 is added to read as follows:
201.201-70 Maintenance of Procedures, Guidance, and Information.
The DAR Council is also responsible for maintenance of the DFARS
Procedures, Guidance, and Information (PGI).
4. Section 201.301 is amended by revising paragraph (a) to read as
follows:
201.301 Policy.
(a)(1) DoD implementation and supplementation of the FAR is issued
in the Defense Federal Acquisition Regulation Supplement (DFARS) under
authorization and subject to the authority, direction, and control of
the Secretary of Defense. The DFARS contains--
(i) Requirements of law;
(ii) DoD-wide policies;
(iii) Delegations of FAR authorities;
(iv) Deviations from FAR requirements; and
(v) 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.
(2) Relevant procedures, guidance, and information that do not meet
the criteria in paragraph (a)(1) of this section are issued in the
DFARS Procedures, Guidance, and Information (PGI).
* * * * *
PART 202--DEFINITIONS OF WORDS AND TERMS
5. Section 202.101 is amended by adding, in alphabetical order, a
definition of ``Procedures, Guidance, and Information (PGI)'' to read
as follows:
202.101 Definitions.
* * * * *
Procedures, Guidance, and Information (PGI) means a companion
resource to the DFARS that--
(1) Contains mandatory internal DoD procedures. The DFARS will
direct compliance with mandatory procedures using imperative language
such as ``Follow the procedures at * * * '' or similar directive
language;
(2) Contains non-mandatory internal DoD procedures and guidance and
supplemental information to be used at the discretion of the
contracting officer. The DFARS will point to non-mandatory procedures,
guidance, and information using permissive language such as ``The
contracting officer may use * * * '' or ``Additional information is
available at * * * '' or other similar language;
(3) Is numbered similarly to the DFARS, except that each PGI
numerical designation is preceded by the letters ``PGI''; and
(4) Is available electronically at http://www.acq.osd.mil/dp/dars/dfars.html
.
* * * * *
[FR Doc. 04-3699 Filed 2-20-04; 8:45 am]
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