[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Proposed Rules]
[Pages 19044-19045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7091]


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DEPARTMENT OF DEFENSE

48 CFR Parts 244 and 252

[DFARS Case 2003-D025]


Defense Federal Acquisition Regulation Supplement; Subcontracting 
Policies and Procedures

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to subcontracts 
awarded under DoD contracts. 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 June 13, 2005, to be considered in 
the formation of the final rule.

[[Page 19045]]


ADDRESSES: You may submit comments, identified by DFARS Case 2003-D025, 
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-D025 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Debbie Tronic, 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. Debbie Tronic, (703) 602-0289.

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 244.301 to clarify Government 
responsibilities for conducting reviews of contractor purchasing 
systems.
     Delete text at DFARS 244.304 containing examples of 
weaknesses in a contractor's purchasing system that may indicate the 
need for a review. This text will be relocated to the new DFARS 
companion resource, Procedures, Guidance, and Information (PGI), 
available at http://www.acq.osd.mil/dpap/dars/pgi.
     Update the clause at DFARS 252.244-7000 to reflect the 
current title of the clause at FAR 52.244-6, Subcontracts for 
Commercial Items.
    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 DoD 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-D025.

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 244 and 252

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Parts 244 and 252 as 
follows:

    1. The authority citation for 48 CFR Parts 244 and 252 continues to 
read as follows:

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

PART 244--SUBCONTRACTING POLICIES AND PROCEDURES

    2. Section 244.301 is revised to read as follows:


244.301  Objective.

    The administrative contracting officer (ACO) is solely responsible 
for initiating reviews of the contractor's purchasing systems, but 
other organizations may request that the ACO initiate such reviews.
    3. Section 244.304 is revised to read as follows:


244.304  Surveillance.

    (b) The ACO, or the purchasing system analyst (PSA) with the 
concurrence of the ACO, may initiate a special review of specific 
weaknesses in the contractor's purchasing system. See PGI 244.304(b) 
for examples of weaknesses.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.244-7000  [Amended]

    4. Section 252.244-7000 is amended as follows:
    a. By revising the clause date to read ``(XXX 2005)''; and
    b. In the introductory text of the clause by removing the phrase 
``and Commercial Components''.

[FR Doc. 05-7091 Filed 4-11-05; 8:45 am]
BILLING CODE 5001-08-P