97-381. Defense Federal Acquisition Regulation Supplement; MILCON Environmental Restoration  

  • [Federal Register Volume 62, Number 5 (Wednesday, January 8, 1997)]
    [Rules and Regulations]
    [Page 1058]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-381]
    
    
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    DEPARTMENT OF DEFENSE
    
    48 CFR Part 216
    
    [DFARS Case 96-D327]
    
    
    Defense Federal Acquisition Regulation Supplement; MILCON--
    Environmental Restoration
    
    AGENCY: Department of Defense (DoD).
    
    ACTION: Final rule.
    
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    SUMMARY: The Director of Defense Procurement is amending the Defense 
    Federal Acquisition Regulation Supplement (DFARS) to add an exception 
    to the restriction on the use of cost-plus-fixed-fee contracts for 
    military construction. The exception applies to contracts for 
    environmental restoration at installations that are being closed or 
    realigned where payments are made from a Base Realignment and Closure 
    Account.
    
    EFFECTIVE DATE: January 8, 1997.
    
    FOR FURTHER INFORMATION CONTACT:
    Ms. Amy Williams, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense 
    Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0131. Telefax 
    (703) 602-0350. Please cite DFARS Case 96-D327 in all correspondence 
    related to this case.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        This final rule amends DFARS 216.306 to implement Section 101 of 
    the Fiscal Year 1997 Military Construction Appropriations Act (Public 
    Law 104-196). Section 101 continues to restrict the use of cost-plus-
    fixed-fee contracts for military construction, but provides an 
    exception for contracts for environmental restoration at installations 
    that are being closed or realigned where payments are made from a Base 
    Realignment and Closure Account.
    
    B. Regulatory Flexibility Act
    
        This final rule does not constitute a significant DFARS revision 
    within the meaning of FAR. 1.501 and Public Law 98-577 and publication 
    for public consent is not required. However, comments from small 
    entities concerning the affected DFARS subpart will be considered in 
    accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 96-
    D327 in correspondence.
    
    C. Paperwork Reduction Act
    
        The Paperwork Reduction Act does not apply because this final rule 
    does not impose any new recordkeeping, information collection 
    requirements, or collections of information from offerors, contractors, 
    or members of the public 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 Part 216
    
        Government procurement.
    Michele P. Peterson,
    Executive Editor, Defense Acquisition Regulations Council.
    
        Therefore, 48 CFR Part 216 is amended as follows:
    
    PART 216--TYPES OF CONTRACTS
    
        1. The authority citation for 48 CFR Part 216 continues to read as 
    follows:
    
        Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
    
        2. Section 216.306 is revised to read as follows:
    
    
    216.306  Cost-plus-fixed-fee contracts.
    
        (c) Limitations.
        (i) Except as provided in paragraph (c)(ii) of this section, annual 
    military construction appropriations acts prohibit the use of cost-plus 
    fixed-fee contracts that--
        (A) Are funded by a military construction appropriations act;
        (B) Are estimated to exceed $25,000; and
        (C) Will be performed within the United States, except Alaska.
        (ii) The prohibition in paragraph (c)(i) of this section does not 
    apply--
        (A) To contracts for environmental restoration at an installation 
    that is being closed or realigned where payments are made from a Base 
    Realignment and Closure Account; or
        (B) To contracts specifically approved in writing, setting forth 
    the reasons therefore, in accordance with the following:
        (1) The Secretaries of the military departments are authorized to 
    approve such contracts that are for environmental work only, provided 
    the environmental work is not classified as construction, as defined by 
    10 U.S.C. 2801.
        (2) The Secretary of Defense or designee must approve such 
    contracts are not for environmental work only or are for environmental 
    work classified as construction.
    
    [FR Doc. 97-381 Filed 1-7-97; 8:45 am]
    BILLING CODE 5000-04-M
    
    
    

Document Information

Effective Date:
1/8/1997
Published:
01/08/1997
Department:
Defense Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
97-381
Dates:
January 8, 1997.
Pages:
1058-1058 (1 pages)
Docket Numbers:
DFARS Case 96-D327
PDF File:
97-381.pdf
CFR: (1)
48 CFR 216