[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Proposed Rules]
[Pages 35566-35567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14340]


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DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2003-D063]


Defense Federal Acquisition Regulation Supplement; Small Business 
Competitiveness Demonstration Program

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 revise text regarding identification 
of contract awards under the Small Business Competitiveness 
Demonstration Program. This proposed rule is a result of an 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 August 24, 2004, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D063, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: [email protected]. Include DFARS Case 2003-D063 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Donna Hairston-Benford, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Donna Hairston-Benford, (703) 602-
0289.

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

[[Page 35567]]

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/dpap/dfars/transf.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. Section 19.1007(a)(2) of the Federal Acquisition Regulation 
requires inclusion of a statement on the face page of each contract 
awarded under the Small Business Competitiveness Demonstration Program, 
to identify the contract as an award under the Program. To accommodate 
the use of automated systems, this proposed DFARS rule specifies that, 
when it is not practical to mark the face page of an award document, 
alternate means may be used to identify a contact as an award under the 
Small Business Competitiveness Demonstration Program.
    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 
proposes an administrative change to accommodate the use of automated 
contracting systems. 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 subpart in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2003-D063.

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 219

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR part 219 as follows:
    1. The authority citation for 48 CFR part 219 continues to read as 
follows:

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

PART 219--SMALL BUSINESS PROGRAMS

    2. Section 219.1007 is amended by adding paragraph (a)(2) to read 
as follows:


219.1007  Procedures.

    (a)(2) When it is not practical to mark the face page of an award 
document, alternative means may be used to identify the contract as an 
award under the Small Business Competitiveness Demonstration Program.
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[FR Doc. 04-14340 Filed 6-24-04; 8:45 am]
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