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