[Federal Register: January 23, 2006 (Volume 71, Number 14)]
[Rules and Regulations]               
[Page 3415-3416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja06-7]                         

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DEPARTMENT OF DEFENSE

48 CFR Parts 237 and 252

[DFARS Case 2003-D041]

 
Defense Acquisition Regulations System; Defense Federal 
Acquisition Regulation Supplement; Specialized Service Contracting

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 update text pertaining to 
the acquisition of mortuary and laundry and dry cleaning services. This 
rule is a result of a transformation initiative undertaken by DoD to 
dramatically change the purpose and content of the DFARS.

DATES: Effective Date: January 23, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D041.

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 Subpart 237.70 to delete procedures for 
defining the geographical area to be covered by mortuary services 
contracts, and procedures for distribution of those contracts. These 
procedures have been relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi
.

     Deletes the clause at DFARS 252.237-7010 containing 
facility requirements for mortuary services, as these requirements are 
adequately addressed in State law.
     Revises DFARS Subpart 237.71 to delete unnecessary 
requirements relating to contracting for laundry and dry cleaning 
services.
    DoD published a proposed rule at 70 FR 8563 on February 22, 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 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

[[Page 3416]]

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 237 and 252

    Government procurement.

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

0
Therefore, 48 CFR parts 237 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 237 and 252 continues to 
read as follows:

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

PART 237--SERVICE CONTRACTING

0
2. Subpart 237.70 is revised to read as follows:

Subpart 237.70--Mortuary Services

Sec.
237.7000 Scope.
237.7001 Method of acquisition.
237.7002 Area of performance and distribution of contracts.
237.7003 Solicitation provisions and contract clauses.


237.7000  Scope.

    This subpart--
    (a) Applies to contracts for mortuary services (the care of 
remains) for military personnel within the United States; and
    (b) May be used as guidance in areas outside the United States for 
mortuary services for deceased military and civilian personnel.


237.7001  Method of acquisition.

    (a) Requirements type contract. By agreement among the military 
activities, one activity in each geographical area will contract for 
the estimated requirements for the care of remains for all military 
activities in the area. Use a requirements type contract (see FAR 
16.503) when the estimated annual requirements for the activities in 
the area are ten or more.
    (b) Purchase order. Where no contract exists, use DD Form 1155, 
Order for Supplies or Services, to obtain mortuary services.


237.7002  Area of performance and distribution of contracts.

    Follow the procedures at PGI 237.7002 for--
    (a) Defining the geographical area to be covered by the contract; 
and
    (b) Distributing copies of the contract.


237.7003  Solicitation provisions and contract clauses.

    (a) Use the provision at 252.237-7002, Award to Single Offeror, in 
all sealed bid solicitations for mortuary services. Use the basic 
provision with its Alternate I in all negotiated solicitations for 
mortuary services.
    (b) Use the following clauses in all mortuary service solicitations 
and contracts, except do not use the clauses at 252.237-7004, Area of 
Performance, in solicitations or contracts that include port of entry 
requirements:
    (1) 252.237-7003, Requirements, (insert activities authorized to 
place orders in paragraph (e) of the clause).
    (2) 252.237-7004, Area of Performance.
    (3) 252.237-7005, Performance and Delivery.
    (4) 252.237-7006, Subcontracting.
    (5) 252.237-7007, Termination for Default.
    (6) 252.237-7008, Group Interment.
    (7) 252.237-7009, Permits.
    (8) 252.237-7011, Preparation History.
    (c) Use the clause at FAR 52.245-4, Government-Furnished Property 
(Short Form), in solicitations and contracts that include port of entry 
requirements.

0
3. Section 237.7100 is revised to read as follows:


237.7100  Scope.

    This subpart--
    (a) Applies to contracts for laundry and dry cleaning services 
within the United States; and
    (b) May be used as guidance in areas outside the United States.


237.7101  [Removed]

0
4. Section 237.7101 is removed.


237.7102  [Redesignated]

0
5. Section 237.7102 is redesignated as section 237.7101.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.237-7002  [Amended]

0
6. Section 252.237-7002 is amended in the introductory text, and in 
Alternate I in the introductory text, by removing ``237.7004'' and 
adding in its place ``237.7003''.


252.237-7003 through 252.237-7009  [Amended]

0
7. Sections 252.237-7003 through 252.237-7009 are amended in the 
introductory text by removing ``237.7004'' and adding in its place 
``237.7003''.


252.237-7010  [Removed and Reserved]

0
8. Section 252.237-7010 is removed and reserved.


252.237-7011  [Amended]

0
9. Section 252.237-7011 is amended in the introductory text by removing 
``237.7004'' and adding in its place ``237.7003''.


252.237-7012 through 252.237-7015  [Amended]

0
10. Sections 252.237-7012 through 252.237-7015 are amended in the 
introductory text by removing ``237.7102'' and adding in its place 
``237.7101''.


252.237-7016  [Amended]

0
11. Section 252.237-7016 is amended in the introductory text, and in 
Alternates I and II in the introductory text, by removing ``237.7102'' 
and adding in its place ``237.7101''.


252.237-7017 and 252.237-7018  [Amended]

0
12. Sections 252.237-7017 and 252.237-7018 are amended in the 
introductory text by removing ``237.7102'' and adding in its place 
``237.7101''.

[FR Doc. 06-562 Filed 1-20-06; 8:45 am]

BILLING CODE 5001-08-P