[Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Proposed Rules]               
[Page 14256-14257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Parts 204 and 244

RIN 0750-AF61

Defense Federal Acquisition Regulation Supplement; Closeout of 
Contract Files (DFARS Case 2006-D045)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to remove text addressing DoD procedures 
for closeout of contract files. The text proposed for removal will be 
relocated to the DFARS companion resource, Procedures, Guidance, and 

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before May 29, 2007, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D045, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D045 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Deborah Tronic, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602-0289.


A. Background

    This proposed rule revises DFARS 204.804 to remove text addressing 
DoD procedures for closeout of contract files. The text will be 
relocated to the DFARS companion resource, Procedures, Guidance, and 
Information (PGI). The proposed rule also amends DFARS 244.304 to 
clarify an existing reference to corresponding PGI text.

[[Page 14257]]

    Additional information on PGI is available at http://www.acq.osd.mil/dpap/dars/pgi/index.htm

    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 does not expect this rule 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 
pertains to administrative procedures for contract closeout functions 
performed by the Government. Therefore, DoD has not performed an 
initial regulatory flexibility analysis. DoD invites comments from 
small businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 2006-D045.

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 Parts 204 and 244

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Parts 204 and 244 as 

    1. The authority citation for 48 CFR parts 204 and 244 continues to 
read as follows:

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


    2. Section 204.804 is revised to read as follows:

204.804  Closeout of contract files.

    Contracting officers shall close out contracts in accordance with 
the procedures at PGI 204.804. The closeout date for file purposes 
shall be determined and documented by the procuring contracting 

204.804-1 and 204.804-2   [Removed]

    3. Sections 204.804-1 and 204.804-2 are removed.


    4. Section 244.304 is amended in paragraph (b) by revising the 
second sentence to read as follows:

244.304  Surveillance.

    (b) * * * See PGI 244.304(b) for guidance on how weaknesses may 
arise and may be discovered.

[FR Doc. E7-5473 Filed 3-26-07; 8:45 am]