[Federal Register Volume 64, Number 216 (Tuesday, November 9, 1999)]
[Proposed Rules]
[Pages 61056-61057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29039]
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DEPARTMENT OF DEFENSE
48 CFR Part 211
[DFARS Case 99-D024]
Defense Federal Acquisition Regulation Supplement; OMB Circular
A-119
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 address
use of a Federal Acquisition Regulation (FAR) provision that invites
offerors to propose alternatives to Government-unique standards. This
DFARS rule instructs DoD contracting officers not to use the FAR
provision, since DoD uses the Single Process Initiative to encourage
offerors to propose alternatives to Government-unique specifications
and standards.
DATES: Comments on the proposed rule should be submitted in writing to
the address specified below on or before January 10, 2000 to be
considered in the formation of the final rule.
ADDRESSES: Interested parties should submit written comments on the
proposed rule to: Defense Acquisition Regulations Council, Attn: Ms.
Melissa Rider, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301-3062. Telefax (703) 602-0350. Please cite DFARS
Case 99-D024.
E-mail comments submitted via the Internet should be addressed to:
dfars@acq.osd.mil
Please cite DFARS Case 99-D024 in all correspondence related to
this proposed rule. E-mail correspondence should cite DFARS Case 99-
D024 in the subject line.
FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, (703) 602-4245.
Please cite DFARS Case 99-D024.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed DFARS rule supplements the final FAR rule that was
published at 64 FR 51834 on September 24, 1999 (Federal Acquisition
Circular 97-14, Item V) to implement Office of Management and Budget
Circular A-119, Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment Activities.
The FAR rule added a provision at FAR 52.211-7 to permit offerors to
propose voluntary consensus standards as alternatives to
[[Page 61057]]
Government-unique standards included in a solicitation. In accordance
with the prescription at FAR 11.107(b), use of the provision is
optional for agencies that use the categorical method of reporting
their use of voluntary consensus standards to the National Institute of
Standards and Technology. DoD uses the categorical method of reporting.
In addition, DoD uses the Single Process Initiative procedures at DFARS
211.273 and 252.211-7005 to encourage offerors to propose industry
standards as alternatives to Government-unique specifications and
standards. Therefore, this DFARS rule specifies that the provision at
FAR 52.211-7 will not be used in DoD solicitations.
B. Regulatory Flexibility Act
The proposed rule is not expected 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 FAR
already permits optional use of the provision at FAR 52.211-7, and DoD
already has implemented procedures for encouraging offerors to propose
alternatives to Government-unique specifications and standards through
the Single Process Initiative. Therefore, an initial regulatory
flexibility analysis has not been performed. Comments are invited from
small businesses and other interested parties. Comments from small
entities concerning the affected DFARS subpart also will be considered
in accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 99-D024 in correspondence.
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.
List of Subjects in 48 CFR Part 211
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR part 211 is proposed to be amended as follows:
1. The authority citation for 48 CFR part 211 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
2. Subpart 211.1 is added to read as follows:
Subpart 211.1--Selecting and Developing Requirements Documents
Sec.
211.107 Solicitation provision.
211.107 Solicitation provision.
(b) DoD uses the categorical method of reporting. Do not use the
provision at FAR 52.211-7, Alternatives to Government-Unique Standards,
in DoD solicitations.
[FR Doc. 99-29039 Filed 11-8-99; 8:45 am]
BILLING CODE 5000-04-M
