[Federal Register: January 23, 2006 (Volume 71, Number 14)]
[Rules and Regulations]               
[Page 3413-3414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ja06-5]                         

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DEPARTMENT OF DEFENSE

48 CFR Part 215

[DFARS Case 2003-D077]

 
Defense Acquisition Regulations System; Defense Federal 
Acquisition Regulation Supplement; Contracting by Negotiation

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 
contracting by negotiation. This rule is a result of a transformation 
initiative undertaken by DoD to dramatically change the purpose and 
content of the DFARS.

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-D077.

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--
     Deletes unnecessary text at DFARS 215.000, 215.204-1, 
215.304(c)(ii), and 215.305(b).
     Deletes text at DFARS 215.303 and 215.304 containing 
procedures for preparation of source selection plans and examples of 
source selection evaluation factors. 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 references to the clauses at FAR 52.219-8 and 
52.219-9, to reflect the current clause titles.
    DoD published a proposed rule at 70 FR 14624 on March 23, 2005. DoD 
received no comments on the proposed rule. Therefore, DoD has adopted 
the proposed rule as a final rule. The final rule contains a paragraph 
215.304(c)(ii) that was not included in the proposed rule, as this 
paragraph was added to the DFARS (as 215.304(c)(iii)) in the interim 
rule published at 70 FR 29643 on May 24, 2005.
    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

[[Page 3414]]

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 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 215

    Government procurement.

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

0
Therefore, 48 CFR Part 215 is amended as follows:

PART 215--CONTRACTING BY NEGOTIATION

0
1. The authority citation for 48 CFR part 215 continues to read as 
follows:

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

215.000  [Removed]

0
2. Section 215.000 is removed.

Subpart 215.2 [Removed]

0
3. Subpart 215.2 is removed.

0
4. Sections 215.303 through 215.305 are revised to read as follows:


215.303  Responsibilities.

    (b)(2) For high-dollar value and other acquisitions, as prescribed 
by agency procedures, the source selection authority shall approve a 
source selection plan before the solicitation is issued. Follow the 
procedures at PGI 215.303(b)(2) for preparation of the source selection 
plan.


215.304  Evaluation factors and significant subfactors.

    (c)(i) In acquisitions that require use of the clause at FAR 
52.219-9, Small Business Subcontracting Plan, other than those based on 
the lowest price technically acceptable source selection process (see 
FAR 15.101-2), the extent of participation of small businesses and 
historically black colleges or universities and minority institutions 
in performance of the contract shall be addressed in source selection. 
The contracting officer shall evaluate the extent to which offerors 
identify and commit to small business and historically black college or 
university and minority institution performance of the contract, 
whether as a joint venture, teaming arrangement, or subcontractor.
    (A) See PGI 215.304(c)(i)(A) for examples of evaluation factors.
    (B) Proposals addressing the extent of small business and 
historically black college or university and minority institution 
performance may be separate from subcontracting plans submitted 
pursuant to the clause at FAR 52.219-9 and should be structured to 
allow for consideration of offers from small businesses.
    (C) When an evaluation assesses the extent that small businesses 
and historically black colleges or universities and minority 
institutions are specifically identified in proposals, the small 
businesses and historically black colleges or universities and minority 
institutions considered in the evaluation shall be listed in any 
subcontracting plan submitted pursuant to FAR 52.219-9 to facilitate 
compliance with 252.219-7003(g).
    (ii) In accordance with 10 U.S.C. 2436, consider the purchase and 
use of capital assets (including machine tools) manufactured in the 
United States, in source selections for all major defense acquisition 
programs, as defined in 10 U.S.C. 2430, when it is pertinent to the 
best value determination.


215.305  Proposal evaluation.

    (a)(2) Past performance evaluation. When a past performance 
evaluation is required by FAR 15.304, and the solicitation includes the 
clause at FAR 52.219-8, Utilization of Small Business Concerns, the 
evaluation factors shall include the past performance of offerors in 
complying with requirements of that clause. When a past performance 
evaluation is required by FAR 15.304, and the solicitation includes the 
clause at FAR 52.219-9, Small Business Subcontracting Plan, the 
evaluation factors shall include the past performance of offerors in 
complying with requirements of that clause.

[FR Doc. 06-566 Filed 1-20-06; 8:45 am]

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