[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Pages 65088-65089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24862]



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: Final rule.


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

DATES: Effective Date: November 10, 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-D011.


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 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 has been relocated to the new DFARS companion 
resource, Procedures, Guidance, and Information (PGI), available at 
     Deletion of unnecessary first article testing and approval 
requirements in DFARS subpart 209.3.
    DoD published a proposed rule at 69 FR 8150 on February 23, 2004. 
DoD received no comments on the proposed rule. Therefore, DoD has 
adopted the proposed rule as a final rule. An additional change has 
been made at DFARS 209.202 to reflect the qualification requirements 
for aviation critical safety items added to the DFARS on September 17, 
2004 (69 FR 55987).
    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 
deletes DFARS text that is obsolete, unnecessary, or procedural, 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.

[[Page 65089]]

List of Subjects in 48 CFR Parts 209 and 252

    Government procurement.

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

Therefore, 48 CFR parts 209 and 252 are amended as follows:
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:

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) Except for aviation critical safety items, obtain approval 
in accordance with PGI 209.202(a)(1) when establishing qualification 
requirements. See 209.270 for approval of qualification requirements 
for aviation critical safety items.

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. 04-24862 Filed 11-9-04; 8:45 am]