[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Proposed Rules]
[Pages 47100-47101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22617]
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DEPARTMENT OF DEFENSE
48 CFR Parts 203, 215, and 252
Defense Federal Acquisition Regulation Supplement; Procurement
Integrity
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 reflect
the provisions of Section 4304 of the Federal Acquisition Reform Act of
1996, including the repeal of prohibitions on compensation to former
Department of Defense employees in Sections 2397, 2397a, 2397b, and
2397c of Title 10, United States Code.
DATES: Comment date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before November 5, 1996, 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 D.C.
20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-
D310 in all correspondence related to this issue.
FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4304 of the Federal Acquisition Reform Act of 1996 (Pub. L.
104-106) amended the Procurement Integrity provision, Section 27 of the
Officer of Federal Procurement Policy Act, and repeal Sections 2397,
2397a, 2397b, and 2397c of Title 10, United States Code, which
proscribed certain compensation to former Department of Defense (DoD)
employees. This rule removes regulations implementing the repealed
sections and conforms DFARS section 203.104 with the FAR revisions
being proposed under FAR Case 96-314, Procurement Integrity.
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 rule
only applies to ``major defense contractors,'' (i.e., contractors with
DoD contracts exceeding $10 million per Government fiscal year), and
affects only the ability of such contractors to provide compensation to
certain former DoD employees. 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 Section 610 of the Act. Such comments must be
submitted separately and cite DFARS Case 96-D310 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies because the rule would
eliminate the information collection and reporting requirements of
DFARS 203.170-2 and the associated clause at 252.203-7000. The
requirements which would be eliminated were approved by the Officer of
Management and Budget (OMB) under OMB Clearance number 0704-0277.
List of Subjects in 48 CFR Parts 203, 215, and 252
Government Procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Parts 203, 215, and 252 are proposed to be
amended as follows:
1. The authority citation for 48 CFR Parts 203, 215, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 47101]]
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
203.104-4 [Removed]
2. Section 203.104-4 is removed.
203.104-5 [Amended]
3. Section 203.104-5 is amended by redesignating paragraph (e)(4)
as (d)(4); and revising, in newly redesignated paragraph (d)(4), the
reference ``FAR 3.104-5(e)(4)'' to read ``FAR 3.104-5(d)(4)''.
203.170 through 203.170-4 [Removed]
4. Sections 203.170 through 203.170-4 are removeds.
PART 215--CONTRACTING BY NEGOTIATION
5. Section 215.608 is amended by revising the last sentence of
paragraph (b) to read as follows:
215.608 Proposal evaluation.
* * * * *
(b) * * * Determinations based on violations or possible violations
of Section 27 of the OFPP Act shall be made as specified in FAR 3.104.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7000 [Removed and reserved]
6. Section 252.203-7000 is removed and reserved.
[FR Doc. 96-22617 Filed 9-5-96; 8:45 am]
BILLING CODE 5000-04-M
