[Federal Register Volume 70, Number 118 (Tuesday, June 21, 2005)]
[Proposed Rules]
[Pages 35605-35606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12096]



48 CFR Part 236

[DFARS Case 2003-D034]

Defense Federal Acquisition Regulation Supplement; Construction 

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 policy on contracting for 
construction 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 August 22, 2005, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D034, 
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-D034 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Euclides Barrera, 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 
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, (703) 602-0296.


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 proposed rule is a result of the DFARS Transformation 
initiative. The proposed DFARS changes--
     Delete text defining and addressing use of network 
analysis systems, as this subject is addressed in the United Facilities 
Guide Specifications used by the military departments in specifying 
construction requirements.
     Delete text on distribution and use of contractor 
performance reports, handling of Government estimates of construction 
costs, use of bid schedules with additive or deductive items, and 
technical working agreements with foreign governments. Text on these 
subjects will be relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi.
    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 proposed 
rule deletes and relocates DFARS text on construction contracting, but 
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-D034.

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 236

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR Part 236 as follows:


    1. The authority citation for 48 CFR Part 236 continues to read as 

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

236.102  [Amended]

    2. Section 236.102 is amended by removing paragraph (4) and

[[Page 35606]]

redesignating paragraph (5) as paragraph (4).
    3. Section 236.201 is amended by revising paragraph (c) to read as 

236.201  Evaluation of contractor performance.

* * * * *
    (c) Follow the procedures at PGI 236.201(c) for distribution and 
use of performance reports.
    4. Section 236.203 is revised to read as follows:

236.203  Government estimate of construction costs.

    Follow the procedures at PGI 236.203 for handling the Government 
estimate of construction costs.
    5. Section 236.213 is revised to read as follows:

236.213  Special procedures for sealed bidding in construction 

    If it appears that sufficient funds may not be available for all 
the desired construction features, consider using a bid schedule with 
additive or deductive items in accordance with PGI 236.213.

236.213-70 and 236.273  [Removed]

    6. Sections 236.213-70 and 236.273 are removed.

236.274  [Redesignated]

    7. Section 236.274 is redesignated as section 236.273.
    8. Newly designated section 236.273 is amended by revising 
paragraph (b) to read as follows:

236.273  Construction in foreign countries.

* * * * *
    (b) See PGI 236.273(b) for guidance on technical working agreements 
with foreign governments.

[FR Doc. 05-12096 Filed 6-20-05; 8:45 am]