[Federal Register Volume 66, Number 190 (Monday, October 1, 2001)]
[Rules and Regulations]
[Pages 49862-49863]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-24385]


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DEPARTMENT OF DEFENSE

48 CFR Parts 215 and 253

[DFARS Case 2000-D026]


Defense Federal Acquisition Regulation Supplement; Cost or 
Pricing Data Threshold

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to reflect the increase in 
the cost or pricing data threshold specified in the Federal Acquisition 
Regulation (FAR).

EFFECTIVE DATE: October 1, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra Haberlin, Defense 
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2000-D026.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR 15.403-4 specifies the dollar threshold at which contracting 
officers obtain cost or pricing data in negotiated acquisitions. On 
October 11, 2000 (65 FR 60553), this threshold was increased from 
$500,000 to $550,000.
    This final rule amends DFARS 215.404 and 253.215-70 to remove 
references to the $500,000 threshold. Since 10 U.S.C. 2306a(a)(7) and 
41 U.S.C. 254b(a)(7) require review of the cost or pricing data 
threshold every 5 years, this rule replaces the figure ``$500,000'' 
with the phrase ``cost or pricing data threshold'' to minimize the need 
for future DFARS changes.
    This rule was not subject to Office of Management and Budget review 
under

[[Page 49863]]

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, DoD will consider comments 
from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2000-D026.

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 Parts 215 and 253

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR parts 215 and 253 are amended as follows:

    1. The authority citation for 48 CFR parts 215 and 253 continues to 
read as follows:

PART 215--CONTRACTING BY NEGOTIATIONS

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

    2. Section 215.404-4 is amended by revising paragraph 
(c)(2)(C)(1)(i) to read as follows:


215.404-4  Profit.

* * * * *
    (c) * * *
    (2) * * *
    (C) * * *
    (1) * * *
    (i) At or below the cost or pricing data threshold (see FAR 15.403-
4(a)(1));
* * * * *

    3. Section 215.404-76 is amended by revising paragraphs (a) and (c) 
to read as follows:


215.404-76  Reporting profit and fee statistics.

    (a) Contracting officers in contracting offices that participate in 
the management information system for profit and fee statistics must 
send completed DD Forms 1547 on actions that exceed the cost or pricing 
data threshold, where the contracting officer used the weighted 
guidelines method, an alternate structured approach, or the modified 
weighted guidelines method, to their designated office within 30 days 
after contract award.
* * * * *
    (c) When the contracting officer delegates negotiation of a 
contract action that exceeds the cost or pricing data threshold to 
another agency (e.g., to an ACO), that agency must ensure that a copy 
of the DD Form 1547 is provided to the delegating office for reporting 
purposes within 30 days after negotiation of the contract action.
* * * * *

PART 253--FORMS

    4. Section 253.215-70 is amended by revising paragraph (b)(7) to 
read as follows:


253.215-70  DD Form 1547, Record of Weighted Guidelines Application.

* * * * *
    (b) * * *
    (7) For indefinite-delivery type contracts, prepare a consolidated 
DD Form 1547 for annual requirements expected to exceed the cost or 
pricing data threshold.
* * * * *
[FR Doc. 01-24385 Filed 9-28-01; 8:45 am]
BILLING CODE 5000-04-M