[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Page 8152]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3697]



48 CFR Part 214

[DFARS Case 2003-D076]

Defense Federal Acquisition Regulation Supplement; Sealed Bidding

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 sealed 
bidding. This proposed rule is a result of a transformation initiative 
undertaken by DoD to dramatically change the purpose and content of the 

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-D076 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-D076.
    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 unnecessary text at DFARS 214.201-1, 
214.407-3(h), and 214.5.
     Redesignation of DFARS 214.202-5(d) as 214.202-
5(c) for consistency with the corresponding FAR text.
     Addition of the Defense Contract Management 
Agency General Counsel to the list of agency officials authorized to 
permit correction of mistakes in bid before award.
    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 the DFARS 
changes are limited to deletion of unnecessary text and administrative 
updates. 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-D076.

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 214

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Part 214 as follows:
    1. The authority citation for 48 CFR Part 214 continues to read as 

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


214.201-1  [Removed]

    2. Section 214.201-1 is removed.

214.202-5  [Amended]

    3. Section 214.202-5 is amended by redesignating paragraph (d) as 
paragraph (c).
    4. Section 214.407-3 is amended as follows:
    a. By adding paragraph (e)(ix); and
    b. By removing paragraph (h). The added text reads as follows:

214.407-3  Other mistakes disclosed before award.

    (e) * * *
    (ix) Defense Contract Management Agency: General Counsel, DCMA.

Subpart 214.5--[Removed]

    5. Subpart 214.5 is removed.

[FR Doc. 04-3697 Filed 2-20-04; 8:45 am]