[Federal Register Volume 64, Number 100 (Tuesday, May 25, 1999)]
[Rules and Regulations]
[Pages 28109-28110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13039]
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DEPARTMENT OF DEFENSE
48 CFR Parts 232 and 237
[DFARS Case 99-D008]
Defense Federal Acquisition Regulation Supplement; Contracts
Crossing Fiscal Years
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement has issued a final rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to permit contracting officers to enter into contracts for the
procurement of severable services that cross fiscal years. The Federal
Acquisition Regulation (FAR) authorizes the heads of executive agencies
to enter into such contracts. This DFARS rule delegates the authority
to DoD contracting officers.
EFFECTIVE DATE: May 25, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Sandra G. Haberlin, Defense
Acquisition Regulations Council, PDUSD (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 99-D008.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds guidance at DFARS 232.703-3 and 237.106 to
supplement the FAR rule that was published as Item VIII of Federal
Acquisition Circular 97-09 on October 30, 1998 (63 FR 58600). The FAR
rule implemented Section 801 of the National Defense Authorization Act
for Fiscal Year 1998 (Public Law 105-85). Section 801 amended 10 U.S.C.
2410a to provide authority to enter into contracts for the procurement
of severable services that cross fiscal years. The FAR rule permits the
head of an executive agency to enter into such contracts. This
[[Page 28110]]
DFARS rule delegates the authority to DoD contracting officers.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This final rule does not constitute a significant revision within
the meaning of FAR 1.501 and Public Law 98-577 and publication for
public comment is not required. However, comments from small entities
concerning the affected DFARS subparts will be considered in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 99-D008.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the final rule
does not impose any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 232 and 237
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 232 and 237 are amended as follows:
1. The authority citation for 48 CFR Parts 232 and 237 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 232--CONTRACT FINANCING
2. Section 232.703-3 is added to read as follows:
232.703-3 Contracts crossing fiscal years.
(b) The contracting officer may enter into a contract, exercise an
option, or place an order under a contract for severable services for a
period that begins in one fiscal year and ends in the next fiscal year
if the period of the contract awarded, option exercised, or order
placed does not exceed 1 year (10 U.S.C. 2410a).
PART 237--SERVICE CONTRACTING
3. Section 237.106 is revised to read as follows:
237.106 Funding and term of service contracts.
(1) Personal service contracts for expert or consultant services
shall not exceed 1 year. The nature of the duties must be--
(i) Temporary (not more than 1 year); or
(ii) Intermittent (not cumulatively more than 130 days in 1 year).
(2) The contracting officer may enter into a contract, exercise an
option, or place an order under a contract for severable services for a
period that begins in one fiscal year and ends in the next fiscal year
if the period of the contract awarded, option exercised, or order
placed does not exceed 1 year (10 U.S.C. 2410a).
[FR Doc. 99-13039 Filed 5-24-99; 8:45 am]
BILLING CODE 5000-04-M