[Federal Register Volume 60, Number 199 (Monday, October 16, 1995)]
[Proposed Rules]
[Pages 53573-53574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25346]
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DEPARTMENT OF DEFENSE
48 CFR Parts 207, 209, 215, and 242
Defense Federal Acquisition Regulation Supplement; Precontractual
Contract Administration
AGENCY: Department of Defense (DoD).
ACTION: Proposed rule with request for comments.
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SUMMARY: The Director of Defense Procurement is proposing to amend the
Defense Federal Acquisition Regulation Supplement (DFARS) to provide
the contract administration component access to acquisition planning
information, set forth the fact that costs or savings related to
contract administration may be considered when
[[Page 53574]]
evaluating a contractor's past performance, and establish as a contract
administration function the providing of support to program offices and
buying activities in precontractual efforts leading to a solicitation
or award.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before December 15, 1995, to be
considered in the formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Mr. R.G. Layser,
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 95-
D015 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Rick Layser, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends DFARS Parts 207, 209, 215, and 242 to
implement the recommendations of the Department of Defense Contract
Administration Services Reform Process Action Team concerning
involvement of contract administration activities early in the
acquisition process.
B. Regulatory Flexibility Act
The proposed changes to the DFARS may 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
changes specify that costs or savings related to contract
administration may be considered when evaluating a contractor's past
performance. Increased use of this evaluation factor is expected to
have a beneficial impact on contractors with good past performance and
a negative impact on contractors with poor past performance. An Initial
Regulatory Flexibility Analysis (IRFA) has been prepared and may be
obtained from the address stated herein. A copy of the IRFA has been
submitted to the Chief Counsel for Advocacy of the Small Business
Administration. Comments from small entities concerning the affected
DFARS subparts will be considered in accordance with Section 610 of the
Act. Such comments must be submitted separately and cite DFARS Case 95-
D015 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this proposed
rule does not impose any new recordkeeping, information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of OMB under 44
U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 207, 209, 215, and 242
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, it is proposed that 48 CFR Parts 207, 209, 215, and 242
be amended as follows:
PART 207--ACQUISITION PLANS
1. The authority citation for 48 CFR Parts 207, 209, 215, and 242
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 207.104 is added to read as follows:
207.104 General procedures.
(b) The planner should forward the requirements information to the
contract administration organization when assistance in identification
of potential sources of supply is necessary, when an existing contract
is being modified or resolicited, or when contract administration
resource requirements will be affected.
3. Section 207.105 is amended by revising the introductory text and
adding paragraph (b)(17)(D) to read as follows:
207.105 Contents of written acquisition plans.
For acquisitions covered by 207.103(c)(i) (A) and (B), correlate
the plan to the DoD Future Years Defense Program, applicable budget
submissions, and the decision coordinating paper/program memorandum, as
appropriate. It is incumbent upon the planner to coordinate the plan
with all those who have a responsibility for the development,
management, or administration of the acquisition. The acquisition plan
should be provided to the contract administration organization to
facilitate resource allocation and planning for the evaluation,
identification, and management of contractor performance risk.
* * * * *
(D) Contract administration. Discuss the level of Government
administration anticipated or currently performed and any change
proposed by the contract administration office.
(b) * * *
(17) * * *
PART 209--RESPONSIBLE PROSPECTIVE CONTRACTORS
4. Section 209.103 is amended by adding paragraph (c) to read as
follows:
209.103 policy.
* * * * *
(c) The additional cost of contract administration and audit due to
a contractor's performance risk may be considered in evaluating the
contractor's price.
PART 215--CONTRACTING BY NEGOTIATION
5. Section 215.605 is amended by adding immediately before
paragraph (c)) paragraph (b)(S-70) to read as follows:
215.605 Evaluation factors.
(b) * * *
(S-70) The costs or savings related to contract administration may
be considered when the contractor's past performance or performance
risk is likely to result in significant costs or savings.
* * * * *
PART 242--CONTRACT ADMINISTRATION
6. Section 242.302 is amended by adding paragraph (a)(67) to read
as follows:
242.302 Contract administration functions.
(a) * * *
(67) Also support program offices and buying activities in
precontractual efforts leading to a solicitation or award.
* * * * *
[FR Doc. 95-25346 Filed 10-13-95; 8:45 am]
BILLING CODE 5000-04-M
