[Federal Register Volume 70, Number 236 (Friday, December 9, 2005)]
[Proposed Rules]
[Pages 73187-73189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-23724]


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DEPARTMENT OF DEFENSE

48 CFR Parts 208, 252, and 253 and Appendix B to Chapter 2

[DFARS Case 2003-D072]


Defense Federal Acquisition Regulation Supplement; Required 
Sources of Supply

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 addressing acquisitions 
made through Government supply sources. 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 February 7, 2006, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D072, 
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-D072 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.

[[Page 73188]]

     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/dars/dfars/transformation/index.htm.
    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed DFARS changes:
     Delete informational text on GSA Federal Supply Schedules 
that is unnecessary for inclusion in the DFARS.
     Delete text on the Defense National Stockpile and the 
acquisition of helium. These issues are adequately addressed in the 
Federal Acquisition Regulation at 8.003 and subpart 8.5.
     Delete obsolete text on the DoD Industrial Preparedness 
Production Planning Program. There is no longer a DoD-wide Program.
     Delete procedures for ordering from central nonprofit 
agencies; for acquisition of items under the DoD Coordinated 
Acquisition Program; for contracting or performing field service 
functions for NASA; for use of the DoD Precious Metals Recovery 
Program; and for use of enterprise software agreements for acquiring 
commercial software and related services. Text on these subjects will 
be relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI). Additional information on PGI is 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 rule 
deletes unnecessary, obsolete, or procedural DFARS text, 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-D072.

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 208, 252, and 253

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR parts 208, 252, and 253 and 
Appendix B to Chapter 2 as follows:
    1. The authority citation for 48 CFR parts 208, 252, and 253 and 
Appendix B to subchapter I continues to read as follows:

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

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Section 208.002 is revised to read as follows:


208.002  Priorities for use of Government supply sources.

    (a)(1)(v) See subpart 208.70, Coordinated Acquisition, and subpart 
208.74, Enterprise Software Agreements.


208.003  [Removed]

    3. Section 208.003 is removed.
    4. Section 208.705 is revised to read as follows:


208.705  Procedures.

    Follow the procedures at PGI 208.705 when placing orders with 
central nonprofit agencies.


208.7000  [Amended]

    5. Section 208.7000 is amended in paragraph (a), in the 
parenthetical, by removing ``appendix B'' and adding in its place ``PGI 
208.7006''.
    6. Sections 208.7002-1 and 208.7002-2 are revised to read as 
follows:


208.7002-1  Acquiring department responsibilities.

    See PGI 208.7002-1 for the acquiring department's responsibilities.


208.7002-2  Requiring department responsibilities.

    See PGI 208.7002-2 for the requiring department's responsibilities.
    7. Section 208.7003-1 is amended by revising paragraph (a) 
introductory text and paragraph (b) to read as follows:


208.7003-1  Assignments under integrated materiel management (IMM).

    (a) Acquire all items assigned for IMM from the IMM manager 
except--
* * * * *
    (b) Follow the procedures at PGI 208.7003-1(b) when an item 
assigned for IMM is to be acquired by the requiring department in 
accordance with paragraph (a)(3) of this subsection.
    8. Section 208.7004 is revised to read as follows:


208.7004  Procedures.

    Follow the procedures at PGI 208.7004 for processing coordinated 
acquisition requirements.


208.7004-1 through 208.7004-10  [Removed]

    9. Sections 208.7004-1 through 208.7004-10 are removed.
    10. Sections 208.7005 and 208.7006 are revised to read as follows:


208.7005  Military Interdepartmental Purchase Requests.

    Follow the procedures at:
    (a) PGI 253.208-1 when using DD Form 448, Military 
Interdepartmental Purchase Request; and
    (b) PGI 253.208-2 when using DD Form 448-2, Acceptance of MIPR.


208.7006  Coordinated acquisition assignments.

    See PGI 208.7006 for coordinated acquisition assignments.
    11. Sections 208.7101 and 208.7102 are revised to read as follows:


208.7101  Policy.

    Departments and agencies shall cooperate fully with NASA in making 
acquisition services, equipment, personnel, and facilities available on 
the basis of mutual agreement.

[[Page 73189]]

208.7102  Procedures.

    Follow the procedures at PGI 208.7102 when contracting or 
performing services for NASA.


208.7103 through 208.7105  [Removed]

    12. Sections 208.7103, 208.7104, and 208.7105 are removed.

Subpart 208.72 [Removed and Reserved]

    13. Subpart 208.72 (consisting of Sec. Sec.  208.7201, 208.7202, 
208.7203, and 208.7204) is removed and reserved.


208.7301  [Amended]

    14. Section 208.7301 is amended by removing the definitions of 
``Dual pricing evaluation procedure'' and ``Precious Metals Indicator 
Code (PMIC)''.


208.7302  [Amended]

    15. Section 208.7302 is amended in the first sentence by removing 
``(PMRP)''.
    16. Sections 208.7303 and 208.7304 are revised to read as follows:


208.7303  Procedures.

    Follow the procedures at PGI 208.7303 for use of the Precious 
Metals Recovery Program.


208.7304  Refined precious metals.

    See PGI 208.7304 for a list of refined precious metals managed by 
DSCP.


208.7401  [Amended]

    17. Section 208.7401 is amended by removing the definitions of 
``Golden Disk'' and ``Software product manager''.
    18. Section 208.7403 is revised to read as follows:


208.7403  Acquisition procedures.

    Follow the procedures at PGI 208.7403 when acquiring commercial 
software and related services.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    19. Section 252.225-7025 is amended by revising the clause date and 
paragraph (a)(1) to read as follows:


252.225-7025  Restriction on Acquisition of Forgings.

* * * * *
Restriction on Acquisition of Forgings (XXX 2005)
    (a) * * *
    (1) Domestic manufacture means:
    (i) Manufactured in the United States or its outlying areas; or
    (ii) Manufactured in Canada, if the Canadian firm normally produces 
similar items or is currently producing the item in support of DoD 
contracts (as a contractor or a subcontractor).
* * * * *

PART 253--FORMS

    20. Sections 253.208-1 and 253.208-2 are revised to read as 
follows:


253.208-1  DD Form 448, Military Interdepartmental Purchase Request.

    Follow the procedures at PGI 253.208-1 for use of DD Form 448.


253.208-2  DD Form 448-2, Acceptance of MIPR.

    Follow the procedures at PGI 253.208-2 for use of DD Form 448-2.

Appendix B to Chapter 2 [Removed and Reserved]

    21. Appendix B to Chapter 2 is removed and reserved.

[FR Doc. 05-23724 Filed 12-8-05; 8:45 am]
BILLING CODE 5001-08-P