[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8150-8151]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3702]



48 CFR Parts 209 and 252

[DFARS Case 2003-D011]

Defense Federal Acquisition Regulation Supplement; Contractor 
Qualifications Relating to Contract Placement

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 delete text pertaining to contractor 
qualification requirements. 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-D011 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-D011.
    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 209.103, 209.103-70, and 
252.209-7000 pertaining to obsolete Intermediate Range Nuclear Forces 
(INF) Treaty inspection requirements.
     Deletion of text at DFARS 209.106-1, 209.106-2, 
and 209.202 containing internal DoD procedures relating to requests for 
pre-award surveys and approval for use of product qualification 
requirements. This text 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 unnecessary first article testing 
and approval requirements in DFARS Subpart 209.3.
    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 
text proposed for deletion addresses requirements that are obsolete or 
unnecessary or that do not have a significant effect beyond the 
internal operating procedures of DoD. 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-D011.

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 209 and 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR parts 209 and 252 as 
    1. The authority citation for 48 CFR parts 209 and 252 continues to 
read as follows:

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


209.103 and 209.103-70   [Removed]

    2. Sections 209.103 and 209.103-70 are removed.
    3. Section 209.106 is revised to read as follows:

[[Page 8151]]

209.106   Preaward surveys.

    When requesting a preaward survey, follow the procedures at PGI 

209.106-1 and 209.106-2   [Removed]

    4. Sections 209.106-1 and 209.106-2 are removed.
    5. Section 209.202 is revised to read as follows:

209.202   Policy.

    (a)(1) When establishing qualification requirements, obtain 
approval in accordance with PGI 209.202(a)(1).

Subpart 209.3--[Removed]

    6. Subpart 209.3 is removed.


252.209-7000   [Removed and Reserved]

    7. Section 252.209-7000 is removed and reserved.

[FR Doc. 04-3702 Filed 2-20-04; 8:45 am]