[Federal Register Volume 69, Number 210 (Monday, November 1, 2004)]
[Rules and Regulations]
[Pages 63327-63328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24287]



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: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
publicizing contract actions. This rule is a result of a transformation 
initiative undertaken by DoD to dramatically change the purpose and 
content of the DFARS.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D016.


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 final rule is a result of the DFARS Transformation initiative. 
The DFARS 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 is being 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 
final rule addressing 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. PGI is available at http://www.acq.osd.mil/dpap/dars/index.htm.
     Redesignation of DFARS 205.207(d)(iii) as 205.207(d)(ii), 

[[Page 63328]]

deletion of text that duplicates policy found in 235.016. A reference 
to 236.016 has been retained in newly designated 205.207(d)(ii).
     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 reference.
    DoD published a proposed rule at 69 FR 8148 on February 23, 2004. 
DoD received no comments on the proposed rule. Therefore, DoD has 
adopted the proposed rule as a final rule without change.
    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 certifies that this final rule will not 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, but makes no 
significant change to contracting policy.

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, 48 CFR parts 205, 226, 235, and 252 are amended 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:

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 

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. 04-24287 Filed 10-29-04; 8:45 am]