[Federal Register Volume 69, Number 240 (Wednesday, December 15, 2004)]
[Rules and Regulations]
[Pages 74990-74991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-27349]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Part 206

[DFARS Case 2003-D017]


Defense Federal Acquisition Regulation Supplement; Competition 
Requirements

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 
competition requirements. This rule is a result of a transformation 
initiative undertaken by DoD to dramatically change the purpose and 
content of the DFARS.

EFFECTIVE DATE: December 15, 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;

[[Page 74991]]

facsimile (703) 602-0350. Please cite DFARS Case 2003-D017.

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 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 final rule is a result of the DFARS Transformation initiative. 
The DFARS changes include--
    [cir] Revision of DFARS 206.001 to clarify the text.
    [cir] Deletion of text at DFARS 206.202(b) regarding documentation 
needed to support a DoD determination to exclude a particular source 
from a contact action in order to establish or maintain an alternative 
source of supplies or services; and deletion of text at DFARS 206.302-2 
containing examples of circumstances under which use of other than full 
and open competition may be appropriate due to unusual and compelling 
urgency. This text has been relocated to the new DFARS companion 
resource, Procedures, Guidance, and Information (PGI), available at 
http://www.acq.osd.mil/dpap/dars/pgi.
    [cir] Deletion of obsolete text at DFARS 206.302-1(b)(4) and 
deletion of unnecessary text at DFARS 206.303-1(b) and (c) and 206.303-
2.
    DoD published a proposed rule at 69 FR 8149 on February 23, 2004. 
DoD received one comment on the proposed rule. The respondent 
recommended further revision of the text at 206.001 to clarify that the 
exception from competition authorized by 10 U.S.C. 1091 applies only to 
contracts awarded to individuals. DoD has included this clarification 
in the final rule.
    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 in this rule are limited to clarifying 
revisions or deletion of text that is unnecessary or internal to DoD.

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 206

    Government procurement.

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


0
Therefore, 48 CFR Part 206 is amended as follows:
0
1. The authority citation for 48 CFR Part 206 continues to read as 
follows:

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

PART 206--COMPETITION REQUIREMENTS

0
2. Section 206.001 is revised to read as follows:


206.001  Applicability.

    (b) As authorized by 10 U.S.C. 1091, contracts awarded to 
individuals using the procedures at 237.104(b)(ii) are exempt from the 
competition requirements of FAR Part 6.

0
3. Section 206.202 is revised to read as follows:


206.202  Establishing or maintaining alternative sources.

    (a) Agencies may use this authority to totally or partially exclude 
a particular source from a contract action.
    (b) The determination and findings (D&F) and the documentation 
supporting the D&F shall identify the source to be excluded from the 
contract action. Include the information at PGI 206.202(b), as 
applicable, and any other information that may be pertinent, in the 
supporting documentation.


206.302-1  [Amended]

0
4. Section 206.302-1 is amended by removing paragraph (b)(4).

0
5. Section 206.302-2 is revised to read as follows:


206.302-2  Unusual and compelling urgency.

    (b) Application. For guidance on circumstances under which use of 
this authority may be appropriate, see PGI 206.302-2(b).


206.303-1  [Amended]

0
6. Section 206.303-1 is amended by removing paragraphs (b) and (c).


206.303-2  [Removed]

0
7. Section 206.303-2 is removed.

[FR Doc. 04-27349 Filed 12-14-04; 8:45 am]
BILLING CODE 5001-08-P