[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8145-8146]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3699]


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DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 202

[DFARS Case 2003-D090]


Defense Federal Acquisition Regulation Supplement; Procedures, 
Guidance, and Information

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 define a companion resource to the 
DFARS that will contain mandatory and non-mandatory internal DoD 
procedures, non-mandatory guidance, and supplemental information. This 
new resource, entitled Procedures, Guidance, and Information, 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-D090 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. Michele Peterson, OUSD (AT&L) DPAP (DAR), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-
0350. Please cite DFARS Case 2003-D090.
    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. Michele Peterson, (703) 602-0311.

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 establishes the framework for a new DFARS 
companion resource, Procedures, Guidance, and Information (PGI), which 
will contain mandatory and non-mandatory internal DoD procedures, non-
mandatory guidance, and supplemental information. PGI will not be 
published in the Code of Federal Regulations, but will be available 
electronically at http://www.acq.osd.mil/dp/dars/dfars.html. Use of 
PGI will enable DoD to more rapidly convey internal administrative and 
procedural information to the acquisition workforce. The HTML version 
of the DFARS available at http://www.acq.osd.mil/dp/dars/dfars.html 
will contain computerized links to the corresponding PGI sections.
    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 new 
DFARS companion resource will contain only procedures, guidance, and 
information that have no significant effect beyond the internal 
operating procedures of DoD and no significant cost or administrative 
impact on contractors or offerors. 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-D090.

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.

[[Page 8146]]

List of Subjects in 48 CFR Parts 201 and 202

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Parts 201 and 202 as 
follows:
    1. The authority citation for 48 CFR Parts 201 and 202 continues to 
read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Section 201.105-3 is revised to read as follows:


201.105-3  Copies.

    The DFARS and the DFARS Procedures, Guidance, and Information (PGI) 
are available electronically via the World Wide Web at http://www.acq.osd.mil/dp/dars/dfars.html.
    3. Section 201.201-70 is added to read as follows:


201.201-70  Maintenance of Procedures, Guidance, and Information.

    The DAR Council is also responsible for maintenance of the DFARS 
Procedures, Guidance, and Information (PGI).
    4. Section 201.301 is amended by revising paragraph (a) to read as 
follows:


201.301  Policy.

    (a)(1) DoD implementation and supplementation of the FAR is issued 
in the Defense Federal Acquisition Regulation Supplement (DFARS) under 
authorization and subject to the authority, direction, and control of 
the Secretary of Defense. The DFARS contains--
    (i) Requirements of law;
    (ii) DoD-wide policies;
    (iii) Delegations of FAR authorities;
    (iv) Deviations from FAR requirements; and
    (v) 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.
    (2) Relevant procedures, guidance, and information that do not meet 
the criteria in paragraph (a)(1) of this section are issued in the 
DFARS Procedures, Guidance, and Information (PGI).
* * * * *

PART 202--DEFINITIONS OF WORDS AND TERMS

    5. Section 202.101 is amended by adding, in alphabetical order, a 
definition of ``Procedures, Guidance, and Information (PGI)'' to read 
as follows:


202.101  Definitions.

* * * * *
    Procedures, Guidance, and Information (PGI) means a companion 
resource to the DFARS that--
    (1) Contains mandatory internal DoD procedures. The DFARS will 
direct compliance with mandatory procedures using imperative language 
such as ``Follow the procedures at * * * '' or similar directive 
language;
    (2) Contains non-mandatory internal DoD procedures and guidance and 
supplemental information to be used at the discretion of the 
contracting officer. The DFARS will point to non-mandatory procedures, 
guidance, and information using permissive language such as ``The 
contracting officer may use * * * '' or ``Additional information is 
available at * * * '' or other similar language;
    (3) Is numbered similarly to the DFARS, except that each PGI 
numerical designation is preceded by the letters ``PGI''; and
    (4) Is available electronically at http://www.acq.osd.mil/dp/dars/dfars.html.
* * * * *
[FR Doc. 04-3699 Filed 2-20-04; 8:45 am]
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