[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Page 67858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25826]



48 CFR Parts 251 and 252

[DFARS Case 2003-D045]

Defense Federal Acquisition Regulation Supplement; Contractor Use 
of Government Supply Sources

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 
contractor use of Government supply sources. 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 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. Steven Cohen, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0293; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D045.


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 251.102 containing procedures 
for authorizing a contractor to use Government supply sources. Text on 
this subject has been relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
     Deletion of text at DFARS 251.105 regarding contractor 
payment for purchases from Government supply sources. This subject is 
addressed in the clause at DFARS 252.251-7000 as amended by this rule.
    DoD published a proposed rule at 69 FR 8159 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 DFARS changes address procedural matters that apply only 
when a contractor is authorized to use Government supply sources.

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 251 and 252

    Government procurement.

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

Therefore, 48 CFR Parts 251 and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 251 and 252 continues to 
read as follows:

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


2. Section 251.102 is revised to read as follows:

251.102  Authorization to use Government supply sources.

    (e) When authorizing contractor use of Government supply sources, 
follow the procedures at PGI 251.102.
    (3)(ii) The contracting officer may also authorize the contractor 
to use the DD Form 1155 when requisitioning from the Department of 
Veterans Affairs.
    (f) The authorizing agency is also responsible for promptly 
considering requests of the DoD supply source for authority to refuse 
to honor requisitions from a contractor that is indebted to DoD and has 
failed to pay proper invoices in a timely manner.

251.105  [Removed]

3. Section 251.105 is removed.


4. Section 252.251-7000 is amended as follows:
a. By revising the clause date to read ``(NOV 2004)'';
b. In paragraph (c)(4) by revising the second sentence; and
c. In paragraph (c)(4) by adding a new sentence after the second 
sentence. The revised and added text reads as follows:

252.251-7000  Ordering from government supply sources.

* * * * *
    (c) * * *
    (4) * * * For purchases made from DoD supply sources, this means 
within 30 days of the date of a proper invoice. The Contractor shall 
annotate each invoice with the date of receipt. * * *
* * * * *

[FR Doc. 04-25826 Filed 11-19-04; 8:45 am]