[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Pages 417-418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-174]



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DEPARTMENT OF DEFENSE

Office of the Secretary

32 CFR Part 169a

[DoD Instruction 4100.33]


Commercial Activities Program Procedures

AGENCY: Office of the Secretary of Defense, DoD.

ACTION: Proposed rule.

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SUMMARY: This part proposes to remove the requirement to place every 
DoD employee in a comparable position prior to converting a function 
with 10 full time equivalents or less to contract and adjust minor 
administrative corrections. It also proposes to establish procedures 
and criteria for use by DoD Components to determine whether DoD 
commercial activities should be performed by DoD personnel in-house or 
by contract with commercial sources.

DATES: Comments must be received on or before March 6, 1995.

ADDRESSES: Send comments to the Office of the Assistant Secretary of 
Defense (Economic Security), Installations, 3300 Defense Pentagon, Room 
3E808, Washington, DC 20301-3300.

FOR FURTHER INFORMATION CONTACT:
Earl DeHart, Program Manager, 400 Army/Navy Drive, Suite 206, 
Arlington, Virginia 22202-2884, telephone (703) 604-5806.

SUPPLEMENTARY INFORMATION: On July 1, 1992, the Department of Defense 
published an amendment to 32 CFR part 169a in the Federal Register (57 
FR 29207) bringing DoD guidance on commercial activities up-to-date. 
Comments will be available for public inspection by request. Because of 
the anticipated number of comments, the Department of Defense does not 
plan to acknowledge or respond to individual comments. However, the 
Department of Defense will respond to comments in the Supplementary 
Information of the final rule of this document. It has been certified 
that this proposed rule is not a significant regulation action.
    The rule does not:
    (1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; planned by another agency;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or
    (3) Materially alter the budgetary impact of entitlements, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
Executive Order 12866. Further, it has been certified that this rule is 
not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because 
the Services and Department agencies administering the rule will show a 
reduction in administrative costs and other burdens resulting from the 
simplification and clarification of direct conversion policies when 
this proposed rule is issued as a final rule. Finally, it has been 
certified that this proposed rule does not impose any additional 
reporting or record keeping requirements prohibited under the Paperwork 
Reduction Act of 1980.

List of Subjects in 32 CFR Part 169a

    Armed forces, Government procurement.

    Accordingly, 32 CFR Part 169a is proposed to be amended as follows:

PART 169a--COMMERCIAL ACTIVITIES PROGRAM PROCEDURES

    1. The authority citation for Part 169a continues to read as 
follows:

    Authority: 5 U.S.C. 301 and 552.

    2. Section 169a.21 is proposed to be amended in paragraph (a) by 
removing ``DD-P&L 1540'' and adding in its place ``DD-A&T(A) 1540'', in 
paragraph (b) by removing ``DD-P&L 1542'' and adding in its place ``DD-
A&T(Q) 1542'', in paragraph (c)(3) by removing ``ASD(P&L)'' adding in 
its place ``ASD(ES)'', by revising paragraph (c) introductory text, and 
by adding a sentence at the end of paragraph (c)(2) to read as follows:


Sec. 169a.21  Reporting requirements.

* * * * *
    (c) Congressional Data Reports on CA (Report Control Symbol DD-
A&T(A&AR) 1949) and Reports on savings on Costs from Increased Use of 
DoD Civilian Personnel (Report Control Symbol DD-A&T(AR) 1950). To 
insure consistent application of the requirements stated in 10 U.S.C. 
2461 and 2463, the following guidance is provided: [[Page 418]] 
    (2) * * * 10 U.S.C. 2463 applies to conversions from contract to 
in-house involving 50 or more contractor employees.
* * * * *
    3. Appendix B to Part 169a is proposed to be amended in section A.1 
by removing ``DD-P&L(A) 1540'' and adding in its place ``DD-A&T(A) 
1540'' and section A.5 is amended by removing the word ``or'' and 
adding in its place ``of''.
    4. Appendix C to Part 169a is proposed to be amended in sections 
C.6. and C.7.a.(4) by removing ``room 3E787'' by adding in its place 
``room 3E813,'' section C.8. by removing ``Public Law 102-172'' and 
adding in its place ``Public Law 103-139'' and by revising section B.4 
and adding a heading to section C.8. to read as follows:

APPENDIX C TO PART 169a--[AMENDED]

* * * * *
    B. * * *

    4. The installation commander must attempt to place or retain 
displaced DoD civilian employees by:
    a. Placing or retraining employees in available permanent vacant 
positions, or
    b. Assigning displaced employees to valid temporary or over-hire 
positions in similar activities for gainful employment until 
permanent vacancies are available. The type of employee appointment 
(e.g., career, career-conditional, etc., or change from competitive 
to excepted service or vice versa) must not change, or
    c. Certifying where no vacancies exist or are not projected, 
that employees will be offered retraining opportunities under the 
Job Training Partnership Act or similar retraining programs for 
transitioning into the private sector.

    C. * * *
    8. Most Efficient and Cost-Effective Analysis for Contractor 
Performance of an Activity (Report Control Symbol DD-A&T(AR) 1951. * * 
*
    5. Appendix D to Part 169a is proposed to be amended by adding a 
new entry at the end of each listing under the heading CAMIS ENTRY AND 
UPDATE INSTRUCTIONS, Part I, Section One, item [3] and under the 
heading CAMIS ENTRY AND UPDATE INSTRUCTION, Part II, Section One, item 
[3] to read as follows:
Appendix D to Part 169a--[Amended]
* * * * *
Camis Entry and Update Instruction
Part I * * *
    Section One * * *
    [3] * * *
    4--Defense Technical Information Center (DTIC)
* * * * *
Camis Entry and Update Instruction
Part II * * *
    Section One * * *
    [3] * * *
    4--Defense Technical Information Center (DTIC)
* * * * *
    Dated: December 16, 1994.
L.M. Bynum,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 95-174 Filed 1-3-95; 8:45 am]
BILLING CODE 5000-04-M