[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6000]



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DEPARTMENT OF DEFENSE

48 CFR Part 206


Defense Federal Acquisition Regulation Supplement; Justification 
and Approval Thresholds

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Department of Defense is amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to revise procedures 
pertaining to approval for the use of other than full and open 
competition in the acquisition process.

EFFECTIVE DATE: April 12, 1996.

FOR FURTHER INFORMATION CONTACT: Rick Layser, OUSD (A&T) DP (DAR), IMD 
3D139, 3062 Defense Pentagon, Washington DC 20301-3062, Telephone (703) 
602-0131. Telefax (703) 602-0350. Please cite DFARS Case 96-D307.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4102 of the FY 1996 Defense Authorization Act (Public Law 
104-106) amends 10 U.S.C. 2304(f)(1)(B) and 41 U.S.C. 253(f)(1)(B) to 
raise the dollar thresholds at which approval for the use of other than 
full and open competition must be obtained from the competition 
advocate, the head of the procuring activity, or the senior procurement 
executive. Section 4102 provides for approval of the justification for 
other than full and open competition by (1) the competition advocate, 
for proposed contracts over $500,000 but not exceeding $10,000,000; (2) 
the head of the procuring activity, or designee, for proposed contracts 
over $10,000,000 but not exceeding $50,000,000; and (3) the senior 
procurement executive, for proposed contracts over $50,000,000. The 
Director of Defense Procurement has authorized a class deviation from 
section 6.304 of the Federal Acquisition Regulation to reflect the 
revised approval thresholds. This corresponding DFARS rule revises 
procedures for approval of justifications for proposed contracts over 
$50,000,000.

B. Regulatory Flexibility Act

    The rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
comment is not required. Therefore, the Regulatory Flexibility Act does 
not apply. However, comments from small entities concerning the 
affected DFARS Subpart will be considered in accordance with 5 U.S.C. 
610. Such comments should cite DFARS Case 96-D307 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final 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 Part 206

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

    Therefore, 48 CFR Part 206 is amended as follows:

PART 206--COMPETITION REQUIREMENTS

    1. The authority citation for 48 CFR Part 206 continues to read as 
follows:

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

    2. Section 206.304 is revised to read as follows:


206.304  Approval of the justification.

    (a)(4) The Under Secretary of Defense (Acquisition & Technology) 
may delegate this authority to--
    (A) An Assistant Secretary of Defense; or
    (B) For a defense agency, an officer or employee serving in, 
assigned, or detailed to that agency who--
    (1) If a member of the armed forces, is serving in a rank above 
brigadier general or rear admiral (lower half); or
    (2) If a civilian, is serving in a position with a grade under the 
General Schedule (or any other schedule for civilian officers or 
employees) that is comparable to or higher than rear admiral.

[FR Doc. 96-6000 Filed 3-12-96; 8:45 am]
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