[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Proposed Rules]
[Page 54693-54694]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



48 CFR Part 207

[DFARS Case 2003-D044]

Defense Federal Acquisition Regulation Supplement; Acquisition

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text on acquisition planning.
This proposed rule is a result of a transformation initiative
undertaken by DoD to dramatically change the purpose and content of the

DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 15, 2005, to be
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D044,
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.

Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm.
 Follow the instructions for

submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2003-D044 in the
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Mr.
Mark Gomersall, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
    All comments received will be posted to http://emissary.acq.osd.mil/dar/dfars.nsf

FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, (703) 602-0302.


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

    This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
     Increase the dollar thresholds for preparation of written
acquisition plans;
     Update acquisition planning requirements for consistency
with changes to the DoD 5000 series publications;
     Delete unnecessary text relating to contract
administration and class justifications for other than full and open
     Clarify requirements for funding of leases; and
     Delete text addressing the contents of written acquisition
plans. Text on this subject will be relocated to the new DFARS
companion resource, Procedures, Guidance, and Information (PGI).
Additional information on PGI is available at http://www.acq.osd.mil/dpap/dars/pgi

    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
addresses internal DoD requirements for acquisition planning.
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

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 207

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR Part 207 as follows:
    1. The authority citation for 48 CFR Part 207 continues to read as

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


207.102  [Removed]

    2. Section 207.102 is removed.
    3. Section 207.103 is revised to read as follows:

207.103  Agency-head responsibilities.

    (d)(i) Prepare written acquisition plans for--
    (A) Acquisitions for development, as defined in FAR 35.001, when
the total cost of all contracts for the acquisition program is
estimated at $10 million or more;
    (B) Acquisitions for production or services when the total cost of
all contracts for the acquisition program is estimated at $50 million
or more for all years or $25 million or more for any fiscal year; and
    (C) Any other acquisition considered appropriate by the department
or agency.
    (ii) Written plans are not required in acquisitions for a final buy
out or one-time buy. The terms ``final buy out'' and ``one-time buy''
refer to a single contract that covers all known present and future
requirements. This exception does not apply to a multiyear contract or
a contract with options or phases.
    (e) Prepare written acquisition plans for acquisition programs
meeting the thresholds of paragraphs (d)(i)(A) and (B) of this section
on a program basis. Other acquisition plans may be written on either a
program or an individual contract basis.
    (g) The program manager, or other official responsible for the
program, has overall responsibility for acquisition planning.
    (h) For procurement of conventional ammunition, as defined in DoDD
5160.65, the Single Manager for Conventional Ammunition (SMCA) will
review the acquisition plan to determine if it is consistent with
retaining national technology and industrial base capabilities in
accordance with 10 U.S.C. 2304(c)(3) and section 806 of

[[Page 54694]]

Public Law 105-261. The department or agency--
    (i) Shall submit the acquisition plan to the address in PGI
207.103(h); and
    (ii) Shall not proceed with the procurement until the SMCA provides
written concurrence with the acquisition plan. In the case of a non-
concurrence, the SCMA will resolve issues with the Army Office of the
Executive Director for Conventional Ammunition.

207.104  [Removed]

    4. Section 207.104 is removed.
    5. Section 207.105 is revised to read as follows:

207.105  Contents of written acquisition plans.

    In addition to the requirements of FAR 7.105, planners shall follow
the procedures at PGI 207.105.
    6. Section 207.471 is amended by revising paragraphs (b) and (c) to
read as follows:

207.471  Funding requirements.

* * * * *
    (b) DoD leases are either capital leases or operating leases. See
FMR 7000.14-R, Volume 4, Chapter 7, Section 070207.
    (c) Capital leases are essentially installment purchases of
property. Use procurement funds for capital leases, as these are
essentially installment purchases of property.

[FR Doc. 05-18477 Filed 9-15-05; 8:45 am]