[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Proposed Rules]
[Pages 8563-8564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3206]


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

DEPARTMENT OF DEFENSE

48 CFR Parts 237 and 252

[DFARS Case 2003-D041]


Defense Federal Acquisition Regulation Supplement; Specialized 
Service Contracting

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to the 
acquisition of mortuary and laundry and dry cleaning services. This 
proposed rule is a result of a transformation 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 April 25, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D041, 
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-D041 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Robin Schulze, 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. Robin Schulze, (703) 602-0326.

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 proposed rule is a result of the DFARS Transformation 
initiative. The proposed changes--
     Revise DFARS Subpart 237.70 to delete procedures for 
defining the geographic area to be covered by mortuary services 
contracts, and procedures for distribution of those contracts. These 
procedures will be relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information, available at http://www.acq.osd.mil/dpap/dars/pgi.
     Delete the clause at DFARS 252.237-7010 containing 
facility requirements for mortuary services, as these requirements are 
adequately addressed in State law.
     Revise DFARS Subpart 237.71 to delete unnecessary 
requirements relating to contracting for laundry and dry cleaning 
services.
    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 
makes no significant change to contracting policy. 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 subparts in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2003-D041.

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 237 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR parts 237 and 252 as 
follows:

PART 237--SERVICE CONTRACTING

    1. The authority citation for 48 CFR parts 237 and 252 continues to 
read as follows:

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

    2. Subpart 237.70 is revised to read as follows:

Subpart 237.70--Mortuary Services

Sec.
237.7000 Scope.
237.7001 Method of acquisition.
237.7002 Area of performance and distribution of contracts.
237.7003 Solicitation provisions and contract clauses.


237.7000  Scope.

    This subpart--
    (a) Applies to contracts for mortuary services (the care of 
remains) for military personnel within the United States; and

[[Page 8564]]

    (b) May be used as guidance in areas outside the United States for 
mortuary services for deceased military and civilian personnel.


237.7001  Method of acquisition.

    (a) Requirements type contract. By agreement among the military 
activities, one activity in each geographical area will contract for 
the estimated requirements for the care of remains for all military 
activities in the area. Use a requirements type contract (see FAR 
16.503) when the estimated annual requirements for the activities in 
the area are ten or more.
    (b) Purchase order. Where no contract exists, use DD Form 1155, 
Order for Supplies and Services/Request for Quotations, to obtain 
mortuary services.


237.7002  Area of performance and distribution of contracts.

    Follow the procedures at PGI 237.7002 for--
    (a) Defining the geographic area to be covered by the contract; and
    (b) Distributing copies of the contract.


237.7003  Solicitation provisions and contract clauses.

    (a) Use the provision at 252.237-7002, Award to Single Offeror, in 
all sealed bid solicitations for mortuary services. Use the basic 
provision with its Alternate I in all negotiated solicitations for 
mortuary services.
    (b) Use the following clauses in all mortuary service solicitations 
and contracts, except do not use the clauses at 252.237-7004, Area of 
Performance, in solicitations or contracts that include port of entry 
requirements:
    (1) 252.237-7003, Requirements, (insert activities authorized to 
place orders in paragraph (e) of the clause).
    (2) 252.237-7004, Area of Performance.
    (3) 252.237-7005, Performance and Delivery.
    (4) 252.237-7006, Subcontracting.
    (5) 252.237-7007, Termination for Default.
    (6) 252.237-7008, Group Interment.
    (7) 252.237-7009, Permits.
    (8) 252.237-7011, Preparation History.
    (c) Use the clause at FAR 52.245-4, Government-Furnished Property 
(Short Form), in solicitations and contracts that include port of entry 
requirements.
    3. Section 237.7100 is revised to read as follows:


237.7100  Scope.

    This subpart--
    (a) Applies to contracts for laundry and dry cleaning services 
within the United States; and
    (b) May be used as guidance in areas outside the United States.


237.7101  [Removed]

    4. Section 237.7101 is removed.


237.7102  [Redesignated as 237.7101]

    5. Section 237.7102 is redesignated as section 237.7101.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.237-7002  [Amended]

    6. Section 252.237-7002 is amended in the introductory text, and in 
Alternate I in the introductory text, by removing ``237.7004'' and 
adding in its place ``237.7003.''


252.237-7003 through 252.237-7009  [Amended]

    7. Sections 252.237-7003 through 252.237-7009 are amended in the 
introductory text by removing ``237.7004'' and adding in its place 
``237.7003.''


252.237-7010  [Removed and Reserved]

    8. Section 252.237-7010 is removed and reserved.


252.237-7011  [Amended]

    9. Section 252.237-7011 is amended in the introductory text by 
removing ``237.7004'' and adding in its place ``237.7003.''


252.237-7012 through 252.237-7015   [Amended]

    10. Sections 252.237-7012 through 252.237-7015 are amended in the 
introductory text by removing ``237.7102'' and adding in its place 
``237.7101.''


252.237-7016  [Amended]

    11. Section 252.237-7016 is amended in the introductory text, and 
in Alternates I and II in the introductory text, by removing 
``237.7102'' and adding in its place ``237.7101.''


252.237-7017 and 252.237-7018   [Amended]

    12. Sections 252.237-7017 and 252.237-7018 are amended in the 
introductory text by removing ``237.7102'' and adding in its place 
``237.7101.''

[FR Doc. 05-3206 Filed 2-18-05; 8:45 am]
BILLING CODE 5001-08-P