[Federal Register Volume 60, Number 2 (Wednesday, January 4, 1995)]
[Proposed Rules]
[Pages 417-418]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-174]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 169a
[DoD Instruction 4100.33]
Commercial Activities Program Procedures
AGENCY: Office of the Secretary of Defense, DoD.
ACTION: Proposed rule.
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SUMMARY: This part proposes to remove the requirement to place every
DoD employee in a comparable position prior to converting a function
with 10 full time equivalents or less to contract and adjust minor
administrative corrections. It also proposes to establish procedures
and criteria for use by DoD Components to determine whether DoD
commercial activities should be performed by DoD personnel in-house or
by contract with commercial sources.
DATES: Comments must be received on or before March 6, 1995.
ADDRESSES: Send comments to the Office of the Assistant Secretary of
Defense (Economic Security), Installations, 3300 Defense Pentagon, Room
3E808, Washington, DC 20301-3300.
FOR FURTHER INFORMATION CONTACT:
Earl DeHart, Program Manager, 400 Army/Navy Drive, Suite 206,
Arlington, Virginia 22202-2884, telephone (703) 604-5806.
SUPPLEMENTARY INFORMATION: On July 1, 1992, the Department of Defense
published an amendment to 32 CFR part 169a in the Federal Register (57
FR 29207) bringing DoD guidance on commercial activities up-to-date.
Comments will be available for public inspection by request. Because of
the anticipated number of comments, the Department of Defense does not
plan to acknowledge or respond to individual comments. However, the
Department of Defense will respond to comments in the Supplementary
Information of the final rule of this document. It has been certified
that this proposed rule is not a significant regulation action.
The rule does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; planned by another agency;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
Executive Order 12866. Further, it has been certified that this rule is
not subject to the Regulatory Flexibility Act (5 U.S.C. 601) because
the Services and Department agencies administering the rule will show a
reduction in administrative costs and other burdens resulting from the
simplification and clarification of direct conversion policies when
this proposed rule is issued as a final rule. Finally, it has been
certified that this proposed rule does not impose any additional
reporting or record keeping requirements prohibited under the Paperwork
Reduction Act of 1980.
List of Subjects in 32 CFR Part 169a
Armed forces, Government procurement.
Accordingly, 32 CFR Part 169a is proposed to be amended as follows:
PART 169a--COMMERCIAL ACTIVITIES PROGRAM PROCEDURES
1. The authority citation for Part 169a continues to read as
follows:
Authority: 5 U.S.C. 301 and 552.
2. Section 169a.21 is proposed to be amended in paragraph (a) by
removing ``DD-P&L 1540'' and adding in its place ``DD-A&T(A) 1540'', in
paragraph (b) by removing ``DD-P&L 1542'' and adding in its place ``DD-
A&T(Q) 1542'', in paragraph (c)(3) by removing ``ASD(P&L)'' adding in
its place ``ASD(ES)'', by revising paragraph (c) introductory text, and
by adding a sentence at the end of paragraph (c)(2) to read as follows:
Sec. 169a.21 Reporting requirements.
* * * * *
(c) Congressional Data Reports on CA (Report Control Symbol DD-
A&T(A&AR) 1949) and Reports on savings on Costs from Increased Use of
DoD Civilian Personnel (Report Control Symbol DD-A&T(AR) 1950). To
insure consistent application of the requirements stated in 10 U.S.C.
2461 and 2463, the following guidance is provided: [[Page 418]]
(2) * * * 10 U.S.C. 2463 applies to conversions from contract to
in-house involving 50 or more contractor employees.
* * * * *
3. Appendix B to Part 169a is proposed to be amended in section A.1
by removing ``DD-P&L(A) 1540'' and adding in its place ``DD-A&T(A)
1540'' and section A.5 is amended by removing the word ``or'' and
adding in its place ``of''.
4. Appendix C to Part 169a is proposed to be amended in sections
C.6. and C.7.a.(4) by removing ``room 3E787'' by adding in its place
``room 3E813,'' section C.8. by removing ``Public Law 102-172'' and
adding in its place ``Public Law 103-139'' and by revising section B.4
and adding a heading to section C.8. to read as follows:
APPENDIX C TO PART 169a--[AMENDED]
* * * * *
B. * * *
4. The installation commander must attempt to place or retain
displaced DoD civilian employees by:
a. Placing or retraining employees in available permanent vacant
positions, or
b. Assigning displaced employees to valid temporary or over-hire
positions in similar activities for gainful employment until
permanent vacancies are available. The type of employee appointment
(e.g., career, career-conditional, etc., or change from competitive
to excepted service or vice versa) must not change, or
c. Certifying where no vacancies exist or are not projected,
that employees will be offered retraining opportunities under the
Job Training Partnership Act or similar retraining programs for
transitioning into the private sector.
C. * * *
8. Most Efficient and Cost-Effective Analysis for Contractor
Performance of an Activity (Report Control Symbol DD-A&T(AR) 1951. * *
*
5. Appendix D to Part 169a is proposed to be amended by adding a
new entry at the end of each listing under the heading CAMIS ENTRY AND
UPDATE INSTRUCTIONS, Part I, Section One, item [3] and under the
heading CAMIS ENTRY AND UPDATE INSTRUCTION, Part II, Section One, item
[3] to read as follows:
Appendix D to Part 169a--[Amended]
* * * * *
Camis Entry and Update Instruction
Part I * * *
Section One * * *
[3] * * *
4--Defense Technical Information Center (DTIC)
* * * * *
Camis Entry and Update Instruction
Part II * * *
Section One * * *
[3] * * *
4--Defense Technical Information Center (DTIC)
* * * * *
Dated: December 16, 1994.
L.M. Bynum,
Alternate OSD Federal Register, Liaison Officer, Department of Defense.
[FR Doc. 95-174 Filed 1-3-95; 8:45 am]
BILLING CODE 5000-04-M
