[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Rules and Regulations]
[Page 6553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2944]



[[Page 6553]]

-----------------------------------------------------------------------

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:  Final rule.

-----------------------------------------------------------------------

SUMMARY:  The Acting Director of Defense Procurement has issued a final 
rule amending 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.

EFFECTIVE DATE:  February 10, 2000.

FOR FURTHER INFORMATION CONTACT:  Ms. Melissa Rider, Defense 
Acquisition Regulations Council, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 
Defense Pentagon, Washington, DC 20301-3061. Telephone (703) 602-4245; 
telefax (703) 602-0350. Please cite DFARS Case 99-D024.

SUPPLEMENTARY INFORMATION:

A. Background

    This final 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 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.
    DoD published a proposed rule at 64 FR 61056 on November 9, 1999. 
One source submitted comments in response to the proposed rule. DoD 
considered those comment in the development of the final rule.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 provision at FAR 52.211-7, Alternatives to Government-
Unique Standards, is optional, and DoD already has implemented 
procedures for encouraging offerors to propose alternatives to 
Government-unique specifications and standards through the Single 
Process Initiative.

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 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. 00-2944 Filed 2-10-00; 8:45 am]
BILLING CODE 5000-04-M