[Federal Register Volume 64, Number 140 (Thursday, July 22, 1999)]
[Rules and Regulations]
[Pages 39430-39431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18588]


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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 98-D312]


Defense Federal Acquisition Regulation Supplement; Improved 
Accounting for Defense Contract Services

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 revise the definition of ``advisory and assistance services.'' The 
new definition conforms to the definition in Section 911 of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999.

EFFECTIVE DATE: July 22, 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 98-D312.

SUPPLEMENTARY INFORMATION: 

A. Background

    Section 911 of the Strom Thurmond National Defense Authorization 
Act for Fiscal Year 1999 (Pub. L. 105-261) added provisions at 10 
U.S.C. 2212 pertaining to DoD reporting of financial obligations for 
contract services. This final rule amends DFARS Subpart 237.2 to 
reflect the definition of the reporting categories for advisory and 
assistance services included in 10 U.S.C. 2212.
    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 subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 98-D312.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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 Part 237

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR Part 237 is amended as follows:
    1. The authority citation for 48 CFR Part 237 continues to read as 
follows:

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

PART 237--SERVICE CONTRACTING


Sec. 237.201  Definitions.

    ``Advisory and assistance services'' means, instead of the 
definition at FAR 37.201, services in the following three major 
categories when provided by nongovernmental sources (10 U.S.C. 2212):
    (1) Management and professional support services. This category 
consists of services that--
    (i) Provide engineering or technical support, assistance, advice, 
or training for the efficient and effective management and operation of 
organizations, activities, or systems;

[[Page 39431]]

    (ii) Are closely related to the basic responsibilities and mission 
of the using organization; and
    (iii) Include efforts that support or contribute to improved 
organization or program management, logistics management, project 
monitoring and reporting, data collection, budgeting, accounting, 
auditing, and administrative or technical support for conferences and 
training programs.
    (2) Studies, analyses, and evaluations. This category consists of 
services that--
    (i) Provide organized, analytic assessments to understand or 
evaluate complex issues to improve policy development, decision-making, 
management, or administration;
    (ii) Result in documents containing data or leading to conclusions 
or recommendations; and
    (iii) May include databases, models, methodologies, and related 
software created in support of a study, analysis, or evaluation.
    (3) Engineering and technical services. This category consists of 
services that take the form of advice, assistance, training, or hands-
on training necessary to maintain and operate fielded weapon systems, 
equipment, and components (including software when applicable) at 
design or required levels of effectiveness.
    3. Section 237.203 is amended by revising paragraph (2) to read as 
follows:


Sec. 237.203  Policy.

* * * * *
    (2) Agency heads may authorize personal service contracts for 
engineering and technical services provided on site at Defense 
locations to meet an unusual essential mission need. The authorization 
will be for an interim period only.
    4. Section 237.271 is revised to read as follows:


Sec. 237.271  Management controls.

    DoD procedures are in DoDD 4205.2, Acquiring and Managing 
Contracted Advisory and Assistance Services (CAAS).
[FR Doc. 99-18588 Filed 7-21-99; 8:45 am]
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