97-1037. Defense Federal Acquisition Regulation Supplement; Procurement Integrity

[Federal Register Volume 62, Number 12 (Friday, January 17, 1997)]
[Rules and Regulations]
[Pages 2611-2612]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-1037]


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DEPARTMENT OF DEFENSE

48 CFR Parts 203, 215, and 252

[DFARS Case 96-D310]


Defense Federal Acquisition Regulation Supplement; Procurement 
Integrity

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to reflect amendments to certain statutory procurement integrity 
restrictions.

DATES: Effective date: January 17, 1997.

FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    Section 4304 of the Clinger-Cohen Act of 1996 (Pub. L. 104-106) 
amended the procurement integrity provisions of Section 27 of the 
Office of Federal Procurement Policy Act (41 U.S.C. 423) and repealed 
10 U.S.C. 2397-2397c, which addressed post-Federal employment of 
certain former Department of Defense employees. This final rule removes 
regulations implementing the repealed statutes and conforms DFARS 
203.104 to the FAR revisions published as Item I of Federal Acquisition 
Circular 90-45 (62 FR 226, January 2, 1997).
    A proposed rule with request for public comments was published on 
September 6, 1996 (61 FR 47100). One comment was received, which 
recommended no changes to the proposed rule.

B. Regulatory Flexibility Act

    The Department of Defense 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 only applies to ``major defense 
contractors'' (i.e., contractors with DoD contracts exceeding $10 
million per Government fiscal year), and affects only the ability of 
such contractors to provide compensation to certain former DoD 
employees.

C. Paperwork Reduction Act

    The Paperwork Reduction Act applies because the rule eliminates the 
information collection and reporting requirements of DFARS 203.170-2 
and the associated clause at 252.203-7000. The requirements that are 
eliminated were approved by the Office of Management and Budget (OMB) 
under OMB Clearance number 0704-0277.

List of Subjects in 48 CFR Parts 203, 215, and 252

    Government Procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 203, 215, and 252 are amended as follows:
    1. The authority citation for 48 CFR Parts 203, 215, and 252 
continues to read as follows:

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

[[Page 2612]]

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


203.104-4  [Removed]

    2. Section 203.104-4 is removed.


203.104-5  [Amended]

    3. Section 203.104-5 is amended by redesignating paragraph (e)(4) 
as (d)(4); and revising, in newly redesignated paragraph (d)(4), the 
reference ``FAR 3.104-5(e)(4)'' to read ``FAR 3.104-5(d)(4)''.


203.170 through 203.170-4  [Removed]

    4. Sections 203.170 through 203.170-4 are removed.

PART 215--CONTRACTING BY NEGOTIATION

    5. Section 215.608 is amended by revising the last sentence of 
paragraph (b) to read as follows:


215.608  Proposal evaluation.

* * * * *
    (b) * * * Determinations based on violations or possible violations 
of Section 27 of the OFPP Act shall be made as specified in FAR 3.104.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.203-7000  [Removed and reserved]

    6. Section 252.203-7000 is removed and reserved.

[FR Doc. 97-1037 Filed 1-16-97; 8:45 am]
BILLING CODE 5000-04-M