[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8158-8159]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3696]


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DEPARTMENT OF DEFENSE

48 CFR Parts 235 and 252

[DFARS Case 2003-D067]


Defense Federal Acquisition Regulation Supplement; Research and 
Development Contracting

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to research and 
development contracting. 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-D067 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-D067.
    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.

SUPPLEMENTARY INFORMATION:

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 
http://www.acq.osd.mil/dp/dars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes include--
     Updating of a statutory reference at DFARS 
235.006-70.
     Deletion of unnecessary text at DFARS 235.007 
and 235.015.
     Deletion of text at DFARS 235.010 regarding DoD 
maintenance of scientific and technical reports. 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.
     Updating of administrative information at DFARS 
235.017-1 and 252.235-7011.
    Although no change is proposed to DFARS 235.015-70, Special use 
allowance for research facilities acquired by educational institutions, 
DoD also is seeking comment on the currency and use of this text.
    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., because DFARS 
changes are limited to updating of administrative information

[[Page 8159]]

or deletion of text that is unnecessary or addresses procedural 
matters. 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 2003-D067.

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 235 and 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Parts 235 and 252 as 
follows:
    1. The authority citation for 48 CFR Parts 235 and 252 continues to 
read as follows:

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

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING


235.006-70  [Amended]

    2. Section 235.006-70 is amended in the introductory text by 
removing ``10 U.S.C. 2525(d)'' and adding in its place ``10 U.S.C. 
2521(d)''.


235.007  [Removed]

    3. Section 235.007 is removed.
    4. Section 235.010 is revised to read as follows:


235.010  Scientific and technical reports.

    (b) For DoD, the Defense Technical Information Center is 
responsible for collecting all scientific and technical reports. For 
access to these reports, follow the procedures at PGI 235.010(b).


235.015  [Removed]

    5. Section 235.015 is removed.


235.017-1  [Amended]

    6. Section 235.017-1 is amended in paragraph (c)(4) by revising the 
first parenthetical to read ``(C3I Laboratory operated by the Institute 
for Defense Analysis, Lincoln Laboratory operated by Massachusetts 
Institute of Technology, and Software Engineering Institute operated by 
Carnegie Mellon)''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    7. Section 252.235-7011 is revised to read as follows:


252.235-7011  Final Scientific or Technical Report.

    As prescribed in 235.071(d), use the following clause:

Final Scientific or Technical Report (XXX 2004)

    The Contractor shall--
    (a) Submit two copies of the approved scientific or technical 
report delivered under this contract to the Defense Technical 
Information Center, Attn: DTIC-O, 8725 John J. Kingman Road, Fort 
Belvoir, VA 22060-6218;
    (b) Include a completed Standard Form 298, Report Documentation 
Page, with each copy of the report; and
    (c) For submission of reports in other than paper copy, contact 
the Defense Technical Information Center or follow the instructions 
at http://www.dtic.mil.

(End of Clause)

[FR Doc. 04-3696 Filed 2-20-04; 8:45 am]
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