eLaws | eCases | United States Code | Federal Courts |
Home » 2004 Issues » 69 FR (11/10/2004) » 04-24862. Defense Federal Acquisition Regulation Supplement; Contractor Qualifications Relating to Contract Placement

  04-24862. Defense Federal Acquisition Regulation Supplement; Contractor Qualifications Relating to Contract Placement  

  • Start Preamble

    AGENCY:

    Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete text pertaining to contractor qualification requirements. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

    DATES:

    Effective Date: November 10, 2004.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Ms. Robin Schulze, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; facsimile (703) 602-0350. Please cite DFARS Case 2003-D011.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    A. Background

    DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/​dpap/​dfars/​transf.htm.

    This final rule is a result of the DFARS Transformation initiative. The DFARS changes include—

    • Deletion of text at DFARS 209.103, 209.103-70, and 252.209-7000 pertaining to obsolete Intermediate Range Nuclear Forces (INF) Treaty inspection requirements.
    • Deletion of text at DFARS 209.106-1, 209.106-2, and 209.202 containing internal DoD procedures relating to requests for pre-award surveys and approval for use of product qualification requirements. This text has been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/​dpap/​dars/​pgi.
    • Deletion of unnecessary first article testing and approval requirements in DFARS subpart 209.3.

    DoD published a proposed rule at 69 FR 8150 on February 23, 2004. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule. An additional change has been made at DFARS 209.202 to reflect the qualification requirements for aviation critical safety items added to the DFARS on September 17, 2004 (69 FR 55987).

    This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

    B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 deletes DFARS text that is obsolete, unnecessary, or procedural, but makes no significant change to contracting policy.

    C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

    Start List of Subjects Start Printed Page 65089

    List of Subjects in 48 CFR Parts 209 and 252

    • Government procurement
    End List of Subjects Start Signature

    Michele P. Peterson,

    Executive Editor, Defense Acquisition Regulations Council.

    End Signature Start Amendment Part

    Therefore, 48 CFR parts 209 and 252 are amended as follows:

    End Amendment Part Start Amendment Part

    1. The authority citation for 48 CFR parts 209 and 252 continues to read as follows:

    End Amendment Part Start Authority

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

    End Authority Start Part

    PART 209—CONTRACTOR QUALIFICATIONS

    [Removed]
    End Part Start Amendment Part

    2. Sections 209.103 and 209.103-70 are removed.

    End Amendment Part Start Amendment Part

    3. Section 209.106 is revised to read as follows:

    End Amendment Part
    Preaward surveys.

    When requesting a preaward survey, follow the procedures at PGI 209.106.

    [Removed]
    Start Amendment Part

    4. Sections 209.106-1 and 209.106-2 are removed.

    End Amendment Part Start Amendment Part

    5. Section 209.202 is revised to read as follows:

    End Amendment Part
    Policy.

    (a)(1) Except for aviation critical safety items, obtain approval in accordance with PGI 209.202(a)(1) when establishing qualification requirements. See 209.270 for approval of qualification requirements for aviation critical safety items.

    Subpart 209.3 [Removed]

    Start Amendment Part

    6. Subpart 209.3 is removed.

    End Amendment Part Start Part

    PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    [Removed and Reserved]
    End Part Start Amendment Part

    7. Section 252.209-7000 is removed and reserved.

    End Amendment Part End Supplemental Information

    [FR Doc. 04-24862 Filed 11-9-04; 8:45 am]

    BILLING CODE 5001-08-P

Visit the Official Version
Leave a Comment

Document Information

Published:
11/10/2004
Department:
Defense Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
04-24862
Pages:
65088-65089 (2 pages)
Docket Numbers:
DFARS Case 2003-D011
Topics:
Government procurement
PDF File:
04-24862.pdf
CFR: (5)
48 CFR 209.106-1 and 209.106-2
48 CFR 209.103 and 209.103-70
48 CFR 209.106
48 CFR 209.202
48 CFR 252.209-7000