[Federal Register: November 9, 2005 (Volume 70, Number 216)]
[Rules and Regulations]               
[Page 67922-67923]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09no05-14]                         

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DEPARTMENT OF DEFENSE

48 CFR Parts 244 and 252

[DFARS Case 2003-D025]

 
Defense Federal Acquisition Regulation Supplement; Subcontracting 
Policies and Procedures

AGENCY: 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 update text pertaining to 
subcontracts awarded under DoD contracts. This rule is a result of a 
transformation initiative undertaken by DoD to dramatically change the 
purpose and content of the DFARS.

EFFECTIVE DATE:  November 9, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0289; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D025.

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 244.301 to clarify Government 
responsibilities for conducting reviews of contractor purchasing 
systems.
     Deletes text at DFARS 244.304 containing examples of 
weaknesses in a contractor's purchasing system that may indicate the 
need for a review. This text has been relocated to the new DFARS 
companion resource, Procedures, Guidance, and Information (PGI), 
available at http://www.acq.osd.mil/dpap/dars/pgi.

     Updates the clause at DFARS 252.244-7000 to reflect the 
current title of the clause at FAR 52.244-6, Subcontracts for 
Commercial Items.
    DoD published a proposed rule at 70 FR 19044 on April 12, 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, clarifies, 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 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 244 and 252

    Government procurement.

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

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Therefore, 48 CFR parts 244 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 244 and 252 continues to 
read as follows:

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

PART 244--SUBCONTRACTING POLICIES AND PROCEDURES

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2. Section 244.301 is revised to read as follows:


244.301  Objective.

    The administrative contracting officer (ACO) is solely responsible 
for initiating reviews of the contractor's purchasing systems, but 
other organizations may request that the ACO initiate such reviews.

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3. Section 244.304 is revised to read as follows:


244.304  Surveillance.

    (b) The ACO, or the purchasing system analyst (PSA) with the

[[Page 67923]]

concurrence of the ACO, may initiate a special review of specific 
weaknesses in the contractor's purchasing system. See PGI 244.304(b) 
for examples of weaknesses.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.244-7000  [Amended]

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4. Section 252.244-7000 is amended as follows:
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a. By revising the clause date to read ``(NOV 2005)''; and
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b. In the introductory text of the clause by removing the phrase ``and 
Commercial Components''.

[FR Doc. 05-22105 Filed 11-8-05; 8:45 am]

BILLING CODE 5001-08-P