[Federal Register Volume 75, Number 83 (Friday, April 30, 2010)]
[Rules and Regulations]
[Page 22706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-9884]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 237, and 246

RIN 0750-AG49


Defense Federal Acquisition Regulation Supplement; Service 
Contract Surveillance (DFARS Case 2008-D032)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to ensure that the 
requirement for a quality assurance surveillance plan is addressed for 
each contract with a dollar value above the simplified acquisition 
threshold, and that contracts for services have appropriate performance 
management or surveillance plans prepared for the work being performed 
under the contract.

DATES: Effective Date: April 30, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), 3060 Defense 
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
0311; facsimile 703-602-0350. Please cite DFARS Case 2008-D032.

SUPPLEMENTARY INFORMATION:

A. Background

    The DoD improvement plan for the GAO High Risk Area--Contract 
Management, includes a commitment from DoD to clarify and/or enhance 
the DFARS to ensure that appropriate surveillance plans are included in 
contracts for services. This rule amends the DFARS to ensure that 
quality assurance surveillance plans are prepared in conjunction with 
the statement of work or statement of objectives, and included in 
solicitations and contracts for services to facilitate assessments of 
contractor performance. Additionally, the requirement for a quality 
assurance surveillance plan shall be addressed and documented in the 
contract file for each contract with a dollar value above the 
simplified acquisition threshold.
    DoD is issuing this rule as a final rule because this rule does not 
have a significant effect beyond the internal operating procedures of 
DoD and does not have a significant cost or administrative impact on 
contractors or offerors. Therefore, public comment is not required in 
accordance with 41 U.S.C. 418b(a).

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant DFARS revision within the 
meaning of FAR 1.501 and public comment is not required in accordance 
with 41 U.S.C. 418b(a).

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) does not apply because 
the rule does not impose additional 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 201, 237, and 246

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.


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Therefore, 48 CFR parts 201, 237, and 246 are amended as follows:

0
1. The authority citation for 48 CFR parts 201, 237, and 246 continues 
to read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

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2. Section 201.602-2 is amended by revising paragraph (1) to read as 
follows:


201.602-2  Responsibilities.

    (1) Follow the procedures at PGI 201.602-2 regarding designation, 
assignment, and responsibilities of a contracting officer's 
representative (COR).
* * * * *

PART 237--SERVICE CONTRACTING

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3. Section 237.172 is added to read as follows:


237.172  Service Contracts Surveillance.

    Ensure that quality assurance surveillance plans are prepared in 
conjunction with the preparation of the statement of work or statement 
of objectives for solicitations and contracts for services. These plans 
should be tailored to address the performance risks inherent in the 
specific contract type and the work effort addressed by the contract. 
(See FAR Subpart 46.4.) Retain quality assurance surveillance plans in 
the official contract file. See https://sam.dau.mil, Step Four--
Requirements Definition, for examples of quality assurance surveillance 
plans.

PART 246--QUALITY ASSURANCE

0
4. Section 246.401 is added to read as follows:


246.401  General.

    The requirement for a quality assurance surveillance plan shall be 
addressed and documented in the contract file for each contract except 
for those awarded using simplified acquisition procedures. For 
contracts for services, the contracting officer should prepare a 
quality assurance surveillance plan to facilitate assessment of 
contractor performance, see 237.172. For contracts for supplies, the 
contracting officer should address the need for a quality assurance 
surveillance plan.

[FR Doc. 2010-9884 Filed 4-29-10; 8:45 am]
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