[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8159-8160]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3694]



48 CFR Parts 251 and 252

[DFARS Case 2003-D045]

Defense Federal Acquisition Regulation Supplement; Contractor Use 
of Government Supply Sources

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to contractor 
use of Government supply sources. This proposed rule is a result of a 
transformation initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before April 23, 2004, to be considered 
in the formation of the final rule.

ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, 
respondents may e-mail comments to: [email protected]. Please cite DFARS 
Case 2003-D045 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Teresa Brooks, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite DFARS Case 2003-D045.
    At the end of the comment period, interested parties may view 
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, (703) 602-0326.


A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes include--
     Deletion of text at DFARS 251.102 containing 
procedures for authorizing a contractor to use Government supply 
sources. Text on this subject will be relocated to the new DFARS 
companion resource, Procedures, Guidance, and Information (PGI). A 
proposed rule describing the purpose and structure of PGI is published 
elsewhere in this issue of the Federal Register under DFARS Case 2003-
D090, Procedures, Guidance, and Information.
     Deletion of text at DFARS 251.105 regarding 
contractor payment for purchases from Government supply sources. This 
subject is addressed in the clause at DFARS 252.251-7000 as amended by 
this 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 does not expect this rule 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.,

[[Page 8160]]

because the DFARS changes address procedural matters that apply only 
when a contractor is authorized to use Government supply sources. 
Therefore, DoD has not performed an initial regulatory flexibility 
analysis. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 

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 251 and 252

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, DoD proposes to amend 48 CFR parts 251 and 252 as 
    1. The authority citation for 48 CFR parts 251 and 252 continues to 
read as follows:

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


    2. Section 251.102 is revised to read as follows:

251.102  Authorization to use Government supply sources.

    (e) When authorizing contractor use of Government supply sources, 
follow the procedures at PGI 251.102.
    (3)(ii) The contracting officer may also authorize the contractor 
to use the DD Form 1155 when requisitioning from the Department of 
Veterans Affairs.
    (f) The authorizing agency is also responsible for promptly 
considering requests of the DoD supply source for authority to refuse 
to honor requisitions from a contractor that is indebted to DoD and has 
failed to pay proper invoices in a timely manner.

251.105  [Removed]

    3. Section 251.105 is removed.


    4. Section 252.251-7000 is amended as follows:
    a. By revising the clause date to read ``(XXX 2004)'';
    b. In paragraph (c)(4) by revising the second sentence; and
    c. In paragraph (c)(4) by adding a new sentence after the second 
sentence. The revised and added text reads as follows:

252.251-7000  Ordering From Government Supply Sources.

* * * * *
    (c) * * *
    (4) * * * For purchases made from DoD supply sources, this means 
within 30 days of the date of a proper invoice. The Contractor shall 
annotate each invoice with the date of receipt. * * *
* * * * *
[FR Doc. 04-3694 Filed 2-20-04; 8:45 am]