[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34605-34606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16935]
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DEPARTMENT OF DEFENSE
48 CFR Part 235
[DFARS Case 97-D002]
Defense Federal Acquisition Regulation Supplement; Streamlined
Research and Development Contracting
AGENCY: Department of Defense (DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement streamlined solicitation and contracting procedures for
research and development acquisitions. The streamlined procedures are
expected to reduce the time and cost required to obtain proposals and
award research and development contracts.
DATES: Effective date: June 25, 1998.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 24, 1998, to be
considered in the formulation of the final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Michael Pelkey, PDUSD
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax number (703) 602-0350.
E-mail comments submitted over the Internet should be addressed to:
dfars@acq.osd.mil.
Please cite DFARS Case 97-D002 in all correspondence related to
this issue. E-mail comments should cite DFARS Case 97-D002 in the
subject line.
FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
In October 1994, the Director of Defense Procurement authorized a
test of certain streamlined solicitation and contracting procedures for
research and development acquisitions at certain DoD laboratories. The
test results demonstrated the benefits of standardizing the format of
solicitations and contracts issued by various contracting activities,
and of using the standard format to streamline the solicitation and
contracting process. However, to facilitate maintenance of an accurate
and timely standard format, to move towards a paperless solicitation
and contracting process, and to leverage available information
technology, the standard format has been moved from the DFARS to a
World Wide Web site. Similarly, solicitations issued using these
procedures will be published exclusively on the World Wide Web. This
final rule supersedes the interim rule published under DFARS Case 96-
D028 on April 4, 1997 (62 FR 16099).
B. Regulatory Flexibility Act
The interim 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 rule
merely provides an implementation of electronic contracting procedures
already authorized by the Federal Acquisition Regulation. An initial
regulatory flexibility analysis has, therefore, 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 97-
D002 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.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish this
interim rule prior to affording the public an opportunity to comment.
This interim rule provides streamlined procedures, and a standard
solicitation and contract format, for acquisition of research and
development. Streamlined procedures and use of the World Wide Web will
substantially reduce the time and cost required to obtain proposals and
award research and development contracts. Any delay in implementing
these procedures will result in the loss of potential savings, thus
reducing the Department's buying power. Implementation of these
procedures will also help the Department achieve its paperless
contracting goal by the year 2000. Comments received in response to the
publication of this interim rule will be considered in formulating the
final rule.
List of Subjects in 48 CFR Part 235
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
.Therefore, 48 CFR Part 235 is amended as follows:
1. The authority citation for 48 CFR Part 235 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
2. Subpart 235.70 is revised to read as follows:
Subpart 235.70--Research and Development Streamlined Contracting
Procedures
Sec.
235.7000 Scope.
235.7001 Definitions.
235.7002 Applicability.
235.7003 Research and development streamlined solicitation and
contract.
235.7003-1 General.
235.7003-2 RDSS process.
235.7003-3 Proposal evaluation and contract award.
235.7003-4 Additional provisions and clauses.
235.7000 Scope.
This subpart prescribes streamlined procedures for acquiring
research and development, using a standard solicitation and contract
format and the capabilities of the World Wide Web.
235.7001 Definitions.
As used in this subpart--
(a) Research and development streamlined contract (RDSC) means--
(1) A contract that results from use of the research and
development streamline solicitation; or
(2) Any other contract prepared in the standard format published at
the RDSS/C website.
(b) Research and development streamlined solicitation (RDSS) means
a solicitation issued in accordance with 235.7003.
(c) RDSS/C website means the site on the World Wide Web at ``http:/
/www.rdss.osd.mil/'' where research and development streamlined
solicitation and contracting information is published.
[[Page 34606]]
235.7002
Applicability.
(a) Except as provided in paragraph (b) of this section, consider
using the procedures in this subpart for acquisitions that--
(1) Will result in the award of a cost-reimbursement contract; and
(2) Meet the criteria for research and development as defined in
235.001 and FAR 35.001.
(b) Do not use the procedures in this subpart for--
(1) Contracts to be performed outside the United States and Puerto
Rico;
(2) Contracts denominated in other than U.S. dollars;
(3) Acquisitions using simplified acquisition procedures;
(4) Acquisition of engineering and manufacturing development,
management support, or operational system development, as defined in
235.001; or
(5) Acquisition of laboratory supplies and equipment, base support
services, or other services identified in paragraphs (a) through (h) of
the definition of ``service contract'' at FAR 37.101.
(c) Regardless of whether the RDSS is used, the RDSC may be used
for any acquisition that meets the criteria in paragraph (a) of this
section.
235.7003
Research and development streamlined solicitation and contract.
235.7003-1
General.
The procedures and standard format are published at the RDSS/C
website. The RDSS/C Managing Committee is responsible for updating the
website.
235.7003-2
RDSS process.
(a) Synopisis. The Commerce Business Daily synopsis required by FAR
5.203 shall include--
(1) The information required by FAR 5.207; and
(2) Statements that--
(i) A paper solicitation will not be issued; and
(ii) The solicitation will be published at the RDSS/C website.
(b) Solicitation. (1) The solicitation--
(i) Shall be published in its entirety at the RDSS/C website;
(ii) Shall include the applicable version number of the RDSS
standard format; and
(iii) Shall incorporate by reference the appropriate terms and
conditions of the RDSS standard format.
(2) To encourage preparation of better cost proposals, consider
allowing a delay between the due dates for technical and cost
proposals.
(c) Amendments. Amendments shall be published at the RDSS/C
website.
235.7003-3
Proposal evaluation and contract award.
(a) Evaluate proposals in accordance with the evaluation factors
set forth in the RDSS.
(b) RDSC. (1) The RDSC shall include--
(i) Standard Form (SF) 33, Solicitation, Offer and Award, or SF 26,
Award/Contract; and
(ii) Sections B through J of the RDSS or other solicitation, with
applicable fill-in information inserted.
(2) When an RDSC is awarded to an educational or nonprofit
institution--
(i) Remove provisions and clauses that do not apply to educational
or nonprofit institutions; and
(ii) As necessary, insert appropriate replacement provisions and
clauses.
235.7003-4
Additional provisions and clauses.
Use of FAR and DFRAS provisions and clauses, and nonstandard
provisions and clauses approved for agency use, that are not in the
RDSS/C standard format, shall be approved in accordance with agency
procedures.
[FR Doc. 98-16935 Filed 6-24-98; 8:45 am]
BILLING CODE 5000-04-M
