[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Proposed Rules]
[Pages 47100-47101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22617]


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DEPARTMENT OF DEFENSE

48 CFR Parts 203, 215, and 252


Defense Federal Acquisition Regulation Supplement; Procurement 
Integrity

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 reflect 
the provisions of Section 4304 of the Federal Acquisition Reform Act of 
1996, including the repeal of prohibitions on compensation to former 
Department of Defense employees in Sections 2397, 2397a, 2397b, and 
2397c of Title 10, United States Code.

DATES: Comment date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before November 5, 1996, to 
be considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Michael Pelkey, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington D.C. 
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D310 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4304 of the Federal Acquisition Reform Act of 1996 (Pub. L. 
104-106) amended the Procurement Integrity provision, Section 27 of the 
Officer of Federal Procurement Policy Act, and repeal Sections 2397, 
2397a, 2397b, and 2397c of Title 10, United States Code, which 
proscribed certain compensation to former Department of Defense (DoD) 
employees. This rule removes regulations implementing the repealed 
sections and conforms DFARS section 203.104 with the FAR revisions 
being proposed under FAR Case 96-314, Procurement Integrity.

B. Regulatory Flexibility Act

    The proposed rule is not expected 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 rule 
only applies to ``major defense contractors,'' (i.e., contractors with 
DoD contracts exceeding $10 million per Government fiscal year), and 
affects only the ability of such contractors to provide compensation to 
certain former DoD employees. An initial regulatory flexibility 
analysis has therefore not been performed. Comments are invited from 
small businesses and other interested parties. Comments from small 
entities concerning the affected DFARS subpart also will be considered 
in accordance with Section 610 of the Act. Such comments must be 
submitted separately and cite DFARS Case 96-D310 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies because the rule would 
eliminate the information collection and reporting requirements of 
DFARS 203.170-2 and the associated clause at 252.203-7000. The 
requirements which would be eliminated were approved by the Officer of 
Management and Budget (OMB) under OMB Clearance number 0704-0277.

List of Subjects in 48 CFR Parts 203, 215, and 252

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

    Therefore, 48 CFR Parts 203, 215, and 252 are proposed to be 
amended as follows:
    1. The authority citation for 48 CFR Parts 203, 215, and 252 
continues to read as follows:

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

[[Page 47101]]

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


203.104-4  [Removed]

    2. Section 203.104-4 is removed.


203.104-5  [Amended]

    3. Section 203.104-5 is amended by redesignating paragraph (e)(4) 
as (d)(4); and revising, in newly redesignated paragraph (d)(4), the 
reference ``FAR 3.104-5(e)(4)'' to read ``FAR 3.104-5(d)(4)''.


203.170 through 203.170-4  [Removed]

    4. Sections 203.170 through 203.170-4 are removeds.

PART 215--CONTRACTING BY NEGOTIATION

    5. Section 215.608 is amended by revising the last sentence of 
paragraph (b) to read as follows:


215.608  Proposal evaluation.

* * * * *
    (b) * * * Determinations based on violations or possible violations 
of Section 27 of the OFPP Act shall be made as specified in FAR 3.104.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.203-7000  [Removed and reserved]

    6. Section 252.203-7000 is removed and reserved.

[FR Doc. 96-22617 Filed 9-5-96; 8:45 am]
BILLING CODE 5000-04-M