[Federal Register Volume 71, Number 92 (Friday, May 12, 2006)]
[Rules and Regulations]
[Pages 27641-27642]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4471]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211 and 252
[DFARS Case 2003-D073]
Defense Federal Acquisition Regulation Supplement; Describing
Agency Needs
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
the use of specifications, standards, and data item descriptions in
solicitations and contracts. This rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
DATES: Effective Date: May 12, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D073.
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 final rule is a result of the DFARS Transformation initiative.
The DFARS changes--
Update references to the DoD 5000 series publications and
the DoD database for specifications, standards, and data item
descriptions; and
Delete procedures for use of specifications, standards,
and data item descriptions and for use of Single Process Initiative
processes instead of military or Federal specifications and standards.
Text on these subjects has been relocated to the new DFARS companion
resource, Procedures, Guidance, and Information, available at http://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 70 FR 35602 on June 21, 2005. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed rule as a final rule without change.
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 rule updates and streamlines DFARS text, but makes no
significant change to DoD policy regarding the use of requirements
documents in solicitations and contracts.
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 211 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 211 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
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2. Section 211.002 is revised to read as follows:
211.002 Policy.
All defense technology and acquisition programs in DoD are subject
to the policies and procedures in DoDD 5000.1, The Defense Acquisition
System, and DoDI 5000.2, Operation of the Defense Acquisition System.
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3. Sections 211.201 and 211.204 are revised to read as follows:
211.201 Identification and availability of specifications.
Follow the procedures at PGI 211.201 for use of specifications,
standards, and data item descriptions.
211.204 Solicitation provisions and contract clauses.
(c) When contract performance requires use of specifications,
standards, and data item descriptions that are not listed in the
Acquisition Streamlining and Standardization Information System
database, use provisions, as appropriate, substantially the same as
those at--
(i) 252.211-7001, Availability of Specifications, Standards, and
Data Item Descriptions Not Listed in the Acquisition Streamlining and
Standardization Information System (ASSIST), and Plans, Drawings, and
Other Pertinent Documents; and
(ii) 252.211-7002, Availability for Examination of Specifications,
Standards, Plans, Drawings, Data Item Descriptions, and Other Pertinent
Documents.
211.273-2 [Amended]
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4. Section 211.273-2 is amended in paragraph (c) by removing ``(see
211.273-3(c))''.
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5. Section 211.273-3 is revised to read as follows:
211.273-3 Procedures.
Follow the procedures at PGI 211.273-3 for encouraging the use of
SPI processes instead of military or Federal specifications and
standards.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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6. Section 252.211-7001 is amended by revising the section heading,
clause title, and clause date to read as follows:
252.211-7001 Availability of Specifications, Standards, and Data Item
Descriptions Not Listed in the Acquisition Streamlining and
Standardization Information System (ASSIST), and Plans, Drawings, and
Other Pertinent Documents.
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[[Page 27642]]
AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS
NOT LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION
INFORMATION SYSTEM (ASSIST), AND PLANS, DRAWINGS, AND OTHER PERTINENT
DOCUMENTS (MAY 2006)
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[FR Doc. 06-4471 Filed 5-11-06; 8:45 am]
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