[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15689-15690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7429]
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DEPARTMENT OF DEFENSE
48 CFR Part 235
Defense Federal Acquisition Regulation Supplement; Research and
Development Streamlined Contracting Procedures--Test
agencies: Department of Defense (DoD).
action: Final rule.
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summary: The Department of Defense is amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise its streamlined
research and development contracting procedures test.
effective date: March 21, 1995.
for further information contact: Mr. R.G. Layser, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
The streamlined research and development contracting procedures
test is the result of a 1987 Defense Science Board summer group
recommendation. The Lab Demo Contracting Subgroup of the Lab Demo
project proposed a streamlined procedure for solicitation and a
standard format for award of R&D contracts in support of military
department laboratories.
The streamlined contracting procedures consist of a solicitation
published in the Commerce Business Daily (CBD); terms and conditions
incorporated by reference; a supplemental package, if necessary, which
is mailed to all interested parties who provide address information.
The statement of work may be published in the CBD with the solicitation
summary or may be included in a supplemental package. The use of a
standard contract is intended to make the contracting process easier on
industry, because offerors can expect all DoD laboratories to use the
same contract format.
The Department of Defense published a final rule on October 18,
1994 (59 FR 52442) after receiving public comments on the proposed
rule. This final rule revises the previous final rule as a result of
changes found necessary during initial implementation of the Test.
This final rule revises the list of contracting offices approved to
participate in the test of 235.7002(a)(2); the data collection
requirements 235.7003(d)(9); and the clauses and provisions included in
the exhibit at 235.7006(d). The rule adds the clauses at
*(I.168)252.223-7006, Prohibition on Disposal of Toxic and Hazardous
Materials, and *(I.169)252.249.7002, Notification of Program
Termination or Reduction; deletes *(K.24)252.226-7000, Notice of
Historically Black College or University and Minority Institution Set
Aside, to correct a duplication; and adds an asterisk (*) to
(L.19)52.237-1, Site Visit, to designate that this provision is for use
as prescribed in the FAR.
In addition, Test Oversight Committee members may now authorize,
for their respective agencies, on a one time only basis, the use of FAR
and DFARS provisions and clauses or approved nonstandard provisions and
clauses that are not in the research and development streamlined
contracting format at 235.7006(d).
A. Regulatory Flexibility Act
The rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501 and Public Law 98-577 and publication for
comment is not required.
B. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose any new recordkeeping, information collection
requirements, or collection 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 Part 235
Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.
Therefore, 48 CFR part 235 is amended as follows:
1. The authority citation for part 235 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 15690]]
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
235.70 Research and development streamlined contracting procedures--
test.
2. Section 235.7002 is amended by revising paragraph (a) (2) to
read as follows:
235.7002 Applicability.
(a) * * *
(1) * * *
(2) Navy: Naval Research Laboratory contracting office; Naval
Surface Warface Center contracting offices when contracting for the
Carderock, Crane, Dahlgren, Indian Head and Port Hueneme divisions;
Naval Undersea Warfare Center contracting office.
* * * * *
3. Section 235.7003 is amended by adding paragraph (d) (9) to read
as follows:
235.7003 Reporting requirements.
* * * * *
(d) * * *
(9) At a minimum any request for modification of the research and
development streamlined contracting format or procedures, and any
request for one time only use of FAR and DFARS provisions and clauses
and nonstandard provisions and clauses approved for agency use, that
are not in the research and development streamlined contracting format
at 235.7006 must include the information required by 201.402(3) (i)
through (ix).
235.7004-1 [Amended]
4. Section 235.7004-1 is amended by revising in paragraph (b) the
reference ``235.7006(c) (A.1)'' to read ``235.7006(d) (A.1).''
235.7004-2 [Amended]
5. Section 235.7004-2 is amended by revising in paragraph (b) the
reference ``235.7006(c) (A.1)'' to read ``235.7006(d) (A.1).''
235.7004-3 [Amended]
6. Section 235.7004-3 is amended by revising in paragraph (c) the
reference ``235.7006(c)'' to read ``235.7006(d).''
7. Section 235.7006 is amended by revising in the first sentence of
paragraph (a) the reference ``paragraph (c)'' to read ``paragraph
(d),'' by revising in the last sentence of paragraph (a) the reference
``(See 235.7006(c) (A.1) (v))'' to read ``(See 235.7006(d) (A.1)
(v));'' by redesignating paragraph (c) as paragraph (d); and by adding
a new paragraph (c) to read as follows:
235.7006 The research and development streamlined contracting format.
* * * * *
(c) Test Oversight Committee members may authorize for their
respective agencies, on a one time only basis, the use of FAR and DFARS
provisions and clauses, and nonstandard provisions and clauses approved
for agency use, that are not in the research and development
streamlined contracting format at 235.7006. Any other modification of
the research and development streamlined contracting format or
procedures requires approval of the Director of Defense Procurement.
Each Test Oversight Committee member shall ensure that the supporting
data is accurate and complete.
* * * * *
8. Section 235.7006, Exhibit-Research and Development Streamlined
Contracting Format, is amended by adding two contract clauses at the
end of the listing at Part II, Section I; by removing and reserving
``K.24'' in the listing at Part IV, Section K; by revising ``(L.15)'',
``(L.18)'' and by revising ``(L.19)'' in Part IV, Section L; and by
revising the introductory text at Part IV, Section M to read as
follows:
Exhibit-Research and Development Streamlined Contracting Format
* * * * *
Part II--Contract Clauses
Section I, Contract Clauses
(1) Federal Acquisition Regulation clauses.
* * * * *
*(I.167) * * *
*(I.168) 252.223-7006 Prohibition on Disposal of Toxic and
Hazardous Materials
*(I.169) 252.249-7002 Notification of Program Termination or
Reduction
* * * * *
Part IV--Representations and Instructions
Section K, Representations, Certifications and Other Statements of
Offerors or Quoters
* * * * *
*(K.24) [Reserved]
* * * * *
Section L. Instructions, Conditions, and Notices to Offerors or Quoters
* * * * *
(L.15) 52.216-1 Type of Contract (See 235.7006(d)(B.1))
* * * * *
(L.18) 52.233-2 Service of Protest (See 235.7006(d)(A.1)(xvii))
[*](L.19) 52.237-1 Site Visit
* * * * *
Section M, Evaluation Factors for Award
Use of the standard evaluation factors is preferred. If the
standard evaluation factors are modified in any way, the
modifications must be clearly expressed so that the result is
unambiguous. Additions to and deletions from the contents of this
Section M must be clearly annotated in the solicitation summary (see
235.7006(d)(A.1)(vii).)
* * * * *
[FR Doc. 95-7429 Filed 3-24-95; 8:45 am]
BILLING CODE 5000-04-M
