[Federal Register: July 29, 2009 (Volume 74, Number 144)]
[Rules and Regulations]               
[Page 37625-37626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29jy09-23]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 207, 215, and 237

RIN 0750-AG28

 
Defense Federal Acquisition Regulation Supplement; Peer Reviews 
of Contracts (DFARS Case 2008-D035)

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

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address requirements for 
Peer Reviews of DoD solicitations and contracts. Such reviews will 
promote quality and consistency in DoD contracting.

DATES: Effective Date: July 29, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 
3062 Defense Pentagon, Washington, DC

[[Page 37626]]

20301-3062. Telephone 703-602-8383; facsimile 703-602-7887. Please cite 
DFARS Case 2008-D035.

SUPPLEMENTARY INFORMATION:

A. Background

    The objective of Peer Reviews of solicitations and contracts is to 
ensure consistent policy implementation, to improve the quality of 
contracting processes, and to facilitate cross-sharing of best 
practices and lessons learned throughout DoD. This final rule specifies 
that the Office of the Director, Defense Procurement and Acquisition 
Policy, will organize teams of reviewers and will facilitate Peer 
Reviews for all solicitations valued at $1 billion or more and for all 
contracts for services valued at $1 billion or more. In addition, the 
rule requires the military departments, defense agencies, and DoD field 
activities to establish procedures for pre-award Peer Review of 
solicitations valued at less than $1 billion, and post-award Peer 
Review of contracts for services valued at less than $1 billion.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2008-D035.

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 201, 207, 215, and 237

    Government procurement.

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

0
Therefore, 48 CFR Parts 201, 207, 215, and 237 are amended as follows:
0
1. The authority citation for 48 CFR Parts 201, 207, 215, and 237 
continues to read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Section 201.170 is added to read as follows:


201.170  Peer Reviews.

    (a) Acquisitions valued at $1 billion or more.
    (1) The Office of the Director, Defense Procurement and Acquisition 
Policy, will organize teams of reviewers and facilitate Peer Reviews 
for solicitations and contracts valued at $1 billion or more, as 
follows:
    (i) Pre-award Peer Reviews will be conducted for all solicitations 
valued at $1 billion or more (including options).
    (ii) Post-award Peer Reviews will be conducted for all contracts 
for services valued at $1 billion or more (including options).
    (iii) Reviews will be conducted using the procedures at PGI 
201.170.
    (2) To facilitate planning for Peer Reviews, the military 
departments, defense agencies, and DoD field activities shall provide a 
rolling annual forecast of acquisitions with an anticipated value of $1 
billion or more (including options) at the end of each quarter (i.e., 
March 31; June 30; September 30; December 31), to the Deputy Director, 
Defense Procurement and Acquisition Policy (Contract Policy and 
International Contracting), 3060 Defense Pentagon, Washington, DC 
20301-3060.
    (b) Acquisitions valued at less than $1 billion. The military 
departments, defense agencies, and DoD field activities shall establish 
procedures for--
    (1) Pre-award Peer Reviews of solicitations valued at less than $1 
billion; and
    (2) Post-award Peer Reviews of contracts for services valued at 
less than $1 billion.

PART 207--ACQUISITION PLANNING

0
3. Section 207.104 is added to read as follows:


207.104  General procedures.

    In developing an acquisition plan, agency officials shall take into 
account the requirement for scheduling and conducting a Peer Review in 
accordance with 201.170.

PART 215--CONTRACTING BY NEGOTIATION

0
4. Section 215.270 is added to read as follows:


215.270  Peer Reviews.

    Agency officials shall conduct Peer Reviews in accordance with 
201.170.

PART 237--SERVICE CONTRACTING

0
5. Section 237.102 is amended by adding paragraph (e) to read as 
follows:


237.102  Policy.

* * * * *
    (e) Program officials shall obtain assistance from contracting 
officials through the Peer Review process at 201.170.

[FR Doc. E9-17953 Filed 7-28-09; 8:45 am]

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