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Home » 2006 Issues » 71 FR (01/23/2006) » 06-562. Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Specialized Service Contracting

  06-562. Defense Acquisition Regulations System; Defense Federal Acquisition Regulation Supplement; Specialized Service Contracting  

  • Start Preamble

    AGENCY:

    Defense Acquisition Regulations System, Department of Defense (DoD).

    ACTION:

    Final rule.

    SUMMARY:

    DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of mortuary and laundry and dry cleaning services. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS.

    DATES:

    Effective Date: January 23, 2006.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; facsimile (703) 602-0350. Please cite DFARS Case 2003-D041.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    A. Background

    DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoD-wide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures that have a significant effect beyond the internal operating procedures of DoD or a significant cost or administrative impact on contractors or offerors. Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/​dpap/​dars/​dfars/​transformation/​index.htm.

    This final rule is a result of the DFARS Transformation initiative. The rule—

    • Revises DFARS Subpart 237.70 to delete procedures for defining the geographical area to be covered by mortuary services contracts, and procedures for distribution of those contracts. These procedures have been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/​dpap/​dars/​pgi.
    • Deletes the clause at DFARS 252.237-7010 containing facility requirements for mortuary services, as these requirements are adequately addressed in State law.
    • Revises DFARS Subpart 237.71 to delete unnecessary requirements relating to contracting for laundry and dry cleaning services.

    DoD published a proposed rule at 70 FR 8563 on February 22, 2005. DoD received no comments on the proposed rule. Therefore, DoD has adopted the proposed rule as a final rule without change.

    This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993.

    B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 updates and streamlines DFARS text, but makes no significant change to DoD contracting policy.

    C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does not Start Printed Page 3416impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq.

    Start List of Subjects

    List of Subjects in 48 CFR Parts 237 and 252

    • Government procurement
    End List of Subjects Start Signature

    Michele P. Peterson,

    Editor, Defense Acquisition Regulations System.

    End Signature Start Amendment Part

    Therefore, 48 CFR parts 237 and 252 are amended as follows:

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    1. The authority citation for 48 CFR parts 237 and 252 continues to read as follows:

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

    End Authority Start Part

    PART 237—SERVICE CONTRACTING

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    2. Subpart 237.70 is revised to read as follows:

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    Subpart 237.70—Mortuary Services

    237.7000
    Scope.
    237.7001
    Method of acquisition.
    237.7002
    Area of performance and distribution of contracts.
    237.7003
    Solicitation provisions and contract clauses.
    Scope.

    This subpart—

    (a) Applies to contracts for mortuary services (the care of remains) for military personnel within the United States; and

    (b) May be used as guidance in areas outside the United States for mortuary services for deceased military and civilian personnel.

    Method of acquisition.

    (a) Requirements type contract. By agreement among the military activities, one activity in each geographical area will contract for the estimated requirements for the care of remains for all military activities in the area. Use a requirements type contract (see FAR 16.503) when the estimated annual requirements for the activities in the area are ten or more.

    (b) Purchase order. Where no contract exists, use DD Form 1155, Order for Supplies or Services, to obtain mortuary services.

    Area of performance and distribution of contracts.

    Follow the procedures at PGI 237.7002 for—

    (a) Defining the geographical area to be covered by the contract; and

    (b) Distributing copies of the contract.

    Solicitation provisions and contract clauses.

    (a) Use the provision at 252.237-7002, Award to Single Offeror, in all sealed bid solicitations for mortuary services. Use the basic provision with its Alternate I in all negotiated solicitations for mortuary services.

    (b) Use the following clauses in all mortuary service solicitations and contracts, except do not use the clauses at 252.237-7004, Area of Performance, in solicitations or contracts that include port of entry requirements:

    (1) 252.237-7003, Requirements, (insert activities authorized to place orders in paragraph (e) of the clause).

    (2) 252.237-7004, Area of Performance.

    (3) 252.237-7005, Performance and Delivery.

    (4) 252.237-7006, Subcontracting.

    (5) 252.237-7007, Termination for Default.

    (6) 252.237-7008, Group Interment.

    (7) 252.237-7009, Permits.

    (8) 252.237-7011, Preparation History.

    (c) Use the clause at FAR 52.245-4, Government-Furnished Property (Short Form), in solicitations and contracts that include port of entry requirements.

    Start Amendment Part

    3. Section 237.7100 is revised to read as follows:

    End Amendment Part
    Scope.

    This subpart—

    (a) Applies to contracts for laundry and dry cleaning services within the United States; and

    (b) May be used as guidance in areas outside the United States.

    [Removed]
    Start Amendment Part

    4. Section 237.7101 is removed.

    End Amendment Part
    [Redesignated]
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    5. Section 237.7102 is redesignated as section 237.7101.

    End Amendment Part Start Part

    PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    [Amended]
    End Part Start Amendment Part

    6. Section 252.237-7002 is amended in the introductory text, and in Alternate I in the introductory text, by removing “237.7004” and adding in its place “237.7003”.

    End Amendment Part
    [Amended]
    Start Amendment Part

    7. Sections 252.237-7003 through 252.237-7009 are amended in the introductory text by removing “237.7004” and adding in its place “237.7003”.

    End Amendment Part
    [Removed and Reserved]
    Start Amendment Part

    8. Section 252.237-7010 is removed and reserved.

    End Amendment Part
    [Amended]
    Start Amendment Part

    9. Section 252.237-7011 is amended in the introductory text by removing “237.7004” and adding in its place “237.7003”.

    End Amendment Part
    [Amended]
    Start Amendment Part

    10. Sections 252.237-7012 through 252.237-7015 are amended in the introductory text by removing “237.7102” and adding in its place “237.7101”.

    End Amendment Part
    [Amended]
    Start Amendment Part

    11. Section 252.237-7016 is amended in the introductory text, and in Alternates I and II in the introductory text, by removing “237.7102” and adding in its place “237.7101”.

    End Amendment Part
    [Amended]
    Start Amendment Part

    12. Sections 252.237-7017 and 252.237-7018 are amended in the introductory text by removing “237.7102” and adding in its place “237.7101”.

    End Amendment Part End Supplemental Information

    [FR Doc. 06-562 Filed 1-20-06; 8:45 am]

    BILLING CODE 5001-08-P

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Document Information

Published:
01/23/2006
Department:
Defense Department
Entry Type:
Rule
Action:
Final rule.
Document Number:
06-562
Pages:
3415-3416 (2 pages)
Docket Numbers:
DFARS Case 2003-D041
Topics:
Government procurement
PDF File:
06-562.pdf
CFR: (14)
48 CFR 252.237-7017 and 252.237-7018
48 CFR 252.237-7003 through 252.237-7009
48 CFR 252.237-7012 through 252.237-7015
48 CFR 237.7000
48 CFR 237.7001
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