[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Proposed Rules]
[Pages 61056-61057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29039]


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DEPARTMENT OF DEFENSE

48 CFR Part 211

[DFARS Case 99-D024]


Defense Federal Acquisition Regulation Supplement; OMB Circular 
A-119

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 address 
use of a Federal Acquisition Regulation (FAR) provision that invites 
offerors to propose alternatives to Government-unique standards. This 
DFARS rule instructs DoD contracting officers not to use the FAR 
provision, since DoD uses the Single Process Initiative to encourage 
offerors to propose alternatives to Government-unique specifications 
and standards.

DATES: Comments on the proposed rule should be submitted in writing to 
the address specified below on or before January 10, 2000 to be 
considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments on the 
proposed rule to: Defense Acquisition Regulations Council, Attn: Ms. 
Melissa Rider, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, 
Washington, DC 20301-3062. Telefax (703) 602-0350. Please cite DFARS 
Case 99-D024.
    E-mail comments submitted via the Internet should be addressed to: 
[email protected]
    Please cite DFARS Case 99-D024 in all correspondence related to 
this proposed rule. E-mail correspondence should cite DFARS Case 99-
D024 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, (703) 602-4245. 
Please cite DFARS Case 99-D024.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed DFARS rule supplements the final FAR rule that was 
published at 64 FR 51834 on September 24, 1999 (Federal Acquisition 
Circular 97-14, Item V) to implement Office of Management and Budget 
Circular A-119, Federal Participation in the Development and Use of 
Voluntary Consensus Standards and in Conformity Assessment Activities. 
The FAR rule added a provision at FAR 52.211-7 to permit offerors to 
propose voluntary consensus standards as alternatives to

[[Page 61057]]

Government-unique standards included in a solicitation. In accordance 
with the prescription at FAR 11.107(b), use of the provision is 
optional for agencies that use the categorical method of reporting 
their use of voluntary consensus standards to the National Institute of 
Standards and Technology. DoD uses the categorical method of reporting. 
In addition, DoD uses the Single Process Initiative procedures at DFARS 
211.273 and 252.211-7005 to encourage offerors to propose industry 
standards as alternatives to Government-unique specifications and 
standards. Therefore, this DFARS rule specifies that the provision at 
FAR 52.211-7 will not be used in DoD solicitations.

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 FAR 
already permits optional use of the provision at FAR 52.211-7, and DoD 
already has implemented procedures for encouraging offerors to propose 
alternatives to Government-unique specifications and standards through 
the Single Process Initiative. Therefore, an initial regulatory 
flexibility analysis has 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 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 99-D024 in correspondence.

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 211

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

    Therefore, 48 CFR part 211 is proposed to be amended as follows:
    1. The authority citation for 48 CFR part 211 continues to read as 
follows:

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

PART 211--DESCRIBING AGENCY NEEDS

    2. Subpart 211.1 is added to read as follows:

Subpart 211.1--Selecting and Developing Requirements Documents

Sec.
211.107  Solicitation provision.


211.107  Solicitation provision.

    (b) DoD uses the categorical method of reporting. Do not use the 
provision at FAR 52.211-7, Alternatives to Government-Unique Standards, 
in DoD solicitations.

[FR Doc. 99-29039 Filed 11-8-99; 8:45 am]
BILLING CODE 5000-04-M