[Federal Register Volume 69, Number 35 (Monday, February 23, 2004)]
[Proposed Rules]
[Pages 8148-8149]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3704]



48 CFR Parts 205, 226, 235, and 252

[DFARS Case 2003-D016]

Defense Federal Acquisition Regulation Supplement; Publicizing 
Contract Actions

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 publicizing 
contract actions. 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-D016 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-D016.
    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 205.207(d)(ii) 
containing a notice to be included in acquisitions being considered for 
historically black college and university and minority institution 
(HBCU/MI) set-aside. This notice will be relocated to the new DFARS 
companion resource, Procedures, Guidance, and Information (PGI), with 
retention of a policy statement in DFARS 205.207 regarding use of the 
notice, and addition of a policy statement at DFARS 226.7003-2(c) 
regarding the requirement for an interested HBCU/MI to provide evidence 
of its capability and eligibility (which is also addressed in the 
notice). 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.
     Redesignation of DFARS 205.207(d)(iii) as 
205.207(d)(ii), and deletion of text that duplicates policy found in 
235.016. A reference to 236.016 has been retained in newly designated 
     Deletion of unnecessary text at DFARS 
205.207(e), 205.470-1, and 205.502. The clause prescription at 205.470-
2 is redesignated as 205.470 and amended to include a statutory 
    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 rule 
updates and relocates DFARS text, with no substantive change in policy. 
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 205, 226, 235 and 252

    Government procurement.

Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.
    Therefore, DoD proposes to amend 48 CFR Parts 205, 226, 235, and 
252 as follows:
    1. The authority citation for 48 CFR Parts 205, 226, 235, and 252 
continues to read as follows:

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


    2. Section 205.207 is revised to read as follows:

205.207  Preparation and transmittal of synopses.

    (d)(i) For acquisitions being considered for historically black 
college and university and minority institution set-asides under 
    (A) Cite the appropriate Numbered Note; and
    (B) Include the notice at PGI 205.207(d)(i).
    (ii) For broad agency announcement notices, see 235.016.
    3. Section 205.470 is revised to read as follows:

[[Page 8149]]

205.470  Contract clause.

    Use the clause at 252.205-7000, Provision of Information to 
Cooperative Agreement Holders, in solicitations and contracts expected 
to exceed $500,000. This clause implements 10 U.S.C. 2416.

205.470-1 and 205.470-2  [Removed]

    4. Sections 205.470-1 and 205.470-2 are removed.
    5. Section 205.502 is revised to read as follows:

205.502  Authority.

    (a) Newspapers. Heads of contracting activities are delegated 
authority to approve the publication of paid advertisements in 


    6. Section 226.7003-2 is amended by revising paragraph (c) to read 
as follows:

226.7003-2  Set-aside procedures.

* * * * *
    (c) Follow the special synopsis instructions in 205.207(d). 
Interested HBCU/MIs must provide evidence of their capability to 
perform the contract, and a positive statement of their eligibility, 
within 15 days of publication of the synopsis in order for the 
acquisition to proceed as an HCBU/MI set-aside.
* * * * *


235.016  [Amended]

    7. Section 235.016 is amended in paragraph (2)(ii) by revising the 
parenthetical to read ``(see 205.207(d))''.


252.205-7000  [Amended]

    8. Section 252.205-7000 is amended in the introductory text by 
removing ``205.470-2'' and adding in its place ``205.470''.

[FR Doc. 04-3704 Filed 2-20-04; 8:45 am]