[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53573-53574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25346]



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DEPARTMENT OF DEFENSE

48 CFR Parts 207, 209, 215, and 242


Defense Federal Acquisition Regulation Supplement; Precontractual 
Contract Administration

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to provide 
the contract administration component access to acquisition planning 
information, set forth the fact that costs or savings related to 
contract administration may be considered when 

[[Page 53574]]
evaluating a contractor's past performance, and establish as a contract 
administration function the providing of support to program offices and 
buying activities in precontractual efforts leading to a solicitation 
or award.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before December 15, 1995, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Mr. R.G. Layser, 
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 95-
D015 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Rick Layser, (703) 602-0131.

SUPPLEMENTARY INFORMATION: 

A. Background

    This proposed rule amends DFARS Parts 207, 209, 215, and 242 to 
implement the recommendations of the Department of Defense Contract 
Administration Services Reform Process Action Team concerning 
involvement of contract administration activities early in the 
acquisition process.

B. Regulatory Flexibility Act

    The proposed changes to the DFARS may 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 
changes specify that costs or savings related to contract 
administration may be considered when evaluating a contractor's past 
performance. Increased use of this evaluation factor is expected to 
have a beneficial impact on contractors with good past performance and 
a negative impact on contractors with poor past performance. An Initial 
Regulatory Flexibility Analysis (IRFA) has been prepared and may be 
obtained from the address stated herein. A copy of the IRFA has been 
submitted to the Chief Counsel for Advocacy of the Small Business 
Administration. Comments from small entities concerning the affected 
DFARS subparts will be considered in accordance with Section 610 of the 
Act. Such comments must be submitted separately and cite DFARS Case 95-
D015 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this proposed 
rule does not impose any new recordkeeping, information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 207, 209, 215, and 242

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, it is proposed that 48 CFR Parts 207, 209, 215, and 242 
be amended as follows:

PART 207--ACQUISITION PLANS

    1. The authority citation for 48 CFR Parts 207, 209, 215, and 242 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

    2. Section 207.104 is added to read as follows:


207.104   General procedures.

    (b) The planner should forward the requirements information to the 
contract administration organization when assistance in identification 
of potential sources of supply is necessary, when an existing contract 
is being modified or resolicited, or when contract administration 
resource requirements will be affected.
    3. Section 207.105 is amended by revising the introductory text and 
adding paragraph (b)(17)(D) to read as follows:


207.105  Contents of written acquisition plans.

    For acquisitions covered by 207.103(c)(i) (A) and (B), correlate 
the plan to the DoD Future Years Defense Program, applicable budget 
submissions, and the decision coordinating paper/program memorandum, as 
appropriate. It is incumbent upon the planner to coordinate the plan 
with all those who have a responsibility for the development, 
management, or administration of the acquisition. The acquisition plan 
should be provided to the contract administration organization to 
facilitate resource allocation and planning for the evaluation, 
identification, and management of contractor performance risk.
* * * * *
    (D) Contract administration. Discuss the level of Government 
administration anticipated or currently performed and any change 
proposed by the contract administration office.
    (b) * * *
    (17) * * *

PART 209--RESPONSIBLE PROSPECTIVE CONTRACTORS

    4. Section 209.103 is amended by adding paragraph (c) to read as 
follows:


209.103  policy.

* * * * *
    (c) The additional cost of contract administration and audit due to 
a contractor's performance risk may be considered in evaluating the 
contractor's price.

PART 215--CONTRACTING BY NEGOTIATION

    5. Section 215.605 is amended by adding immediately before 
paragraph (c)) paragraph (b)(S-70) to read as follows:


215.605  Evaluation factors.

    (b) * * *
    (S-70) The costs or savings related to contract administration may 
be considered when the contractor's past performance or performance 
risk is likely to result in significant costs or savings.
* * * * *

PART 242--CONTRACT ADMINISTRATION

    6. Section 242.302 is amended by adding paragraph (a)(67) to read 
as follows:


242.302  Contract administration functions.

    (a) * * *
    (67) Also support program offices and buying activities in 
precontractual efforts leading to a solicitation or award.
* * * * *
[FR Doc. 95-25346 Filed 10-13-95; 8:45 am]
BILLING CODE 5000-04-M