95-16161. Defense Federal Acquisition Regulation Supplement; Class Justifications and Approvals

[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Proposed Rules]
[Page 34497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16161]



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DEPARTMENT OF DEFENSE

48 CFR Parts 206 and 207


Defense Federal Acquisition Regulation Supplement; Class 
Justifications and Approvals

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comment.

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SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to provide 
guidance regarding the use of class justifications and approvals for 
other than full and open competition.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before September 1, 1995, to be 
considered in the formulation of the final rule.

ADDRESSES: Intersted 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 [phone]. Please cite DFARS Case 95-D009 in all 
correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT: Mr. R.G. Layser, [phone].

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule implements a recommendation of the Department of 
Defense Procurement Process Reform Process Action Team.
    Subsection 6.303-1 of the Federal Acquisition Regulation permits 
execution of justifications and approvals for other than full and open 
competition on an individual or class basis. This proposed rule expands 
DoD guidance on class justifications and approvals to state class 
justifications may provide for award of multiple contracts extending 
across more than one program phase.

B. Regulatory Flexibility Act

    This 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 use 
of class justifications and approvals is already permitted by the 
Federal Acquisition Regulation. This rule merely expands DFARS guidance 
to address the use of class justifications and approvals for multiple 
contracts extending across more than one program phase. 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 
subparts will also be considered in accordance with Section 610 of the 
Act. Such comments must be submitted separately and cite DFARS Case 95-
D009 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this proposed 
rule does not impose any new information collection requirements which 
require the approval of OMB under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR 206 and 207

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 206 and 207 are proposed to be amended as 
follows:
    1. The authority citation for 48 CFR Parts 206 and 207 is revised 
to read as follows:

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

PART 206--COMPETITION REQUIREMENTS

    2. Section 206.303-1 is amended by adding paragraph (c) to read as 
follows:


206.303-1  Requirements.

* * * * *
    (c) When conditions warrant, a class justification may provide for 
award of multiple contracts extending across more than one program 
phase.

PART 207--ACQUISITION PLANNING

    3. Section 207.102 is added to read as follows:


207.102  Policy.

    When a class justification for other than full and open competition 
has been approved, planning for competition shall be accomplished 
consistent with the terms of that approval.

[FR Doc. 95-16161 Filed 6-30-95; 8:45 am]
BILLING CODE 5000-04-M