[Federal Register: February 12, 2007 (Volume 72, Number 28)]
[Rules and Regulations]               
[Page 6485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 233

RIN 0750-AE01

Defense Federal Acquisition Regulation Supplement; Protests, 
Disputes, and Appeals (DFARS Case 2003-D010)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text addressing 
procedures for processing of contractor claims submitted under DoD 
contracts. The rule removes obsolete text and relocates text to the 
DFARS companion resource, Procedures, Guidance, and Information.

EFFECTIVE DATE: February 12, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D010.


A. Background

    This final rule--
     Removes text at DFARS 233.204 regarding research of a 
contractor's history of filing claims during a contracting officer's 
review of a current claim. Text on this subject has been relocated to 
the DFARS companion resource, Procedures, Guidance, and Information 
(PGI) at http://www.acq.osd.mil/ 

dpap/dars/pgi; and
     Revises DFARS 233.210 to remove an obsolete cross-
reference and to add a reference to the guidance added to PGI regarding 
review of a contractor's claim.
    DoD published a proposed rule at 71 FR 34867 on June 16, 2006. The 
proposed rule had provided for total elimination of the text at DFARS 
233.204 and 233.210. One source submitted comments on the proposed 
rule, recommending that, instead of total elimination, the text at 
DFARS 233.204 should be relocated to PGI. DoD has adopted this 
recommendation and has included the corresponding changes in the final 
    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 makes no significant change to DoD policy regarding 
consideration of claims submitted by contractors.

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.

List of Subjects in 48 CFR Part 233

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR Part 233 is amended as follows:


1. The authority citation for 48 CFR Part 233 continues to read as 

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

 233.204  [Removed]

2. Section 233.204 is removed.

3. Section 233.210 is revised to read as follows:

233.210  Contracting officer's authority.

    See PGI 233.210 for guidance on reviewing a contractor's claim.

[FR Doc. E7-2211 Filed 2-9-07; 8:45 am]