[Federal Register Volume 60, Number 250 (Friday, December 29, 1995)]
[Rules and Regulations]
[Pages 67328-67330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-31346]



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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: Final rule.

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SUMMARY: This part removes 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, sets maximum study times for cost 
comparisons, removes the requirement to make congressional reports only 
when Congress is in session, and makes minor administrative 
corrections. it also establishes 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.

EFFECTIVE DATE: June 12, 1995.

FOR FURTHER INFORMATION CONTACT:
Earl DeHart, Program Manager, 400 Army/Navy Drive, Suite 206, 
Arlington, Virginia 22202-2884.

SUPPLEMENTARY INFORMATION: On January 4, 1995, the Department of 
Defense published a proposed amendment to 32 CFR part 169a in the 
Federal Register (60 FR 417) bringing DoD guidance on commercial 
activities up-to-date. No comments were received from the private 
sector. Some changes were recommended by DoD Components and most were 
incorporated. It has been certified that this final rule is not a 
significant regulatory action. The rule does not:
    (1) Have an annual effect on the economy of $100 million or more 
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 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. Subpart B--Procedures is amended by adding a Sec. 169a.19 to 
read as follows:
Subpart B--Procedures--[Amended]
Sec. 169a.19  Study limits.

    No DoD funds shall be available to perform any cost study pursuant 
to the provisions of OMB Circular A-76 if the study being performed 
exceeds a period of 24 months after initiation of such study with 
respect to a single function activity or 48 months after initiation of 
such study for a multi-function activity.
    3. Section 169a.21 is amended in paragraph (a) by removing ``DD-P&L 


[[Page 67329]]
1540'' and adding in its place ``DD-A&T(A) 1540'', paragraph (b) by 
removing ``DD-P&L 1542'' and adding in its place ``DD-A&T(Q) 1542'', 
paragraph (c)(3) and the first sentence in paragraph (c)(5) by removing 
``when in session'', 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:
    (2) * * * 10 U.S.C. 2463 applies to conversions from contract to 
in-house involving 50 or more contractor employees.
* * * * *
    4. Appendix B to Part 169a is amended by revising sections A.1. and 
A.2., by removing section A.3. and redesignating sections A.4. and A.5. 
as A.3. and A.4., respectively, and in newly redesignated A.4. is by 
removing the word ``or'' the second time it appears and adding in its 
place ``of.''

Appendix B to Part 169a--[Amended]

Appendix B to Part 169a--Commercial Activities Inventory Report and 
Five-Year Review Schedule

* * * * *
    A. * * *
    1. Forward your inventory report before January 1 to the Director, 
Installations Management, 400 Army Navy Drive, Room 206, Arlington, VA 
22202-2884. Use Report Control Symbol ``DD-A&T(A) 1540'' as your 
authority to collect this data.
    2. Transmit by use of floppy diskette. Data files must be in 
American Standard Code Information Interchange text file format on a 
MicroSoft-Disk Operating System formatted 3.5 inch floppy diskette. 
Provide submissions in the Defense Utility Energy Reporting System 
format as specified below.
* * * * *
    5. Appendix C to Part 169a is amended in sections C.6. and 
C.7.a.(4) by removing ``room 3E787'' and adding in its place ``room 
3E813''; section C.8. removing ``Public Law 102-172'' and adding in its 
place ``Public Law 103-139''; by revising section B.4. adding section 
B.5. and a heading to section C.8. to read as follows:

Appendix C to Part 169a--[Amended]

Appendix C to Part 169a--Simplified Cost Comparison and Direct 
Conversion of CAs

* * * * *
    B. * * *
    4. The installation commander should attempt to place or retrain 
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. Where no vacancies exist or are projected, offer employees 
retraining opportunities under the Job Training Partnership Act or 
similar retraining programs for transitioning into the private sector.
    5. The function to be directly converted does not include any DoD 
civilian positions that were as a result of DoD Component streamlining 
plans and/or were removed with buyout offers that satisfied Section 5 
of the Federal Workforce Restructuring Act requirements.
    C. * * *
    8. Most Efficient and Cost-Effective Analysis for Contractor 
Performance of an Activity (Report Control Symbol DD-A&T(AR) 1951.* * *
    6. Appendix D to Part 169a is amended by revising the second 
paragraph of the introductory text, by revising DoD Component code 
``Y'' under the heading CAMIS ENTRY AND UPDATE INSTRUCTIONS, Part I, 
Section One, item [3] and by adding two new entries at the end of that 
item [3]; by revising items [4] and [5] under the heading CAMIS ENTRY 
AND UPDATE INSTRUCTIONS, Part I, Section One; by revising DoD Component 
code ``Y'' under the heading CAMIS ENTRY AND UPDATE INSTRUCTIONS, Part 
II, Section One, item [3] and by adding two new entries at the end of 
that item [3]; and by revising items [4] and [5] under the heading 
CAMIS ENTRY AND UPDATE INSTRUCTIONS, Part II, Section One, to read us 
follows:

Appendix D to Part 169a--[Amended]

Appendix D to Part 169a--Commercial Activities Management Information 
System (CAMIS)

* * * * *
    On approval of a full cost comparison, a simplified cost 
comparison, or a direct conversion CA, the DoD Component shall create 
the initial entry using the data elements in part I for full cost 
comparisons and data elements in part II for all other conversions. 
Within 30 days of the end of each quarter the DoD Component shall 
submit a floppy diskette. Data files must be in American Standard Code 
Information Interchange text file format on a MicroSoft-Disk Operating 
System formatted 3.5 inch floppy diskette. Provide submissions in the 
Defense Utility Energy Reporting System format. The data shall be 
submitted in the Director, Installations Management (D,IM), 400 Army 
Navy Drive, Room 206, Arlington, VA 22202-2884 at least 60 days prior 
to the end of the quarter. The D,IM shall use the automated data to 
update the CAMIS. If the DoD Component is unable to provide data in an 
automated format, the D,IM shall provide quarterly printouts of cost 
comparison records (CCR) and conversion and/or comparison records 
(DCSCCR) that may be annotated and returned within 30 days of the end 
of each quarter to the D,IM. The D,IM then shall use the annotated 
printouts to update the CAMIS.
* * * * *
CAMIS Entry and Update Instructions
    Part I * * *
    Section One * * *
    [3] * * *
    Y--On Site Inspection Agency (OSIA)
    2--* * *
    3--* * *
    4--Defense Technical Information Center (DTIC)
    5--U.S. Army Corps of Engineers (USACE) Civil Works
    [4] Command code. The code established by the DoD Component 
headquarters to identify the command responsible for operating the 
commercial activity undergoing cost comparison.
    [5] Installation code. The code established by the DoD Component 
headquarters to identify the installation where the CA(s) under cost 
comparison is and/or are located physically. Two or more codes (for 
cost comparison packages encompassing more than one installation) 
should be separated by commas.
* * * * *
CAMIS Entry and Update Instructions
    Part II * * *
    Section One * * *
    [3] * * *
    Y--On Site Inspection Agency (OSIA)
    
[[Page 67330]]

    2--* * *
    3--* * *
    4--Defense Technical Information Center (DTIC)
    5--U.S. Army Corps of Engineers (USACE) Civil Works
    [4] Command code. The code established by the DoD Component 
headquarters to identify the command responsible for operating the 
commercial activity undergoing cost comparison.
    [5] Installation code. The code established by the DoD Component 
headquarters to identify the installation where the CA(s) under cost 
comparison is and/or are located physically. Two or more codes (for 
cost comparison packages encompassing more than one installation) 
should be separated by commas.
* * * * *
    Dated: December 21, 1995.
L.M. Bynum,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 95-31346 Filed 12-28-95; 8:45 am]
BILLING CODE 5000-04-M