[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Rules and Regulations]               
[Page 9268-9269]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 204

[DFARS Case 2003-D082]

Defense Federal Acquisition Regulation Supplement; Uniform 
Contract Line Item Numbering

AGENCY: Defense Acquisition Regulation System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text addressing 
uniform line item numbering in DoD contracts. 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: February 23, 2006.

Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0289; facsimile (703) 602-0350. Please cite DFARS Case 2003-D082.


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 final rule is a result of the DFARS Transformation initiative. 
The rule:
     Eliminates certain exceptions to requirements for uniform 
contract line item numbering at DFARS 204.7102, to promote 
standardization in contract writing; and
     Deletes procedures for use and numbering of contract 
exhibits and attachments at DFARS 204.7105. This text has been 
relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information, available at http://www.acq.osd.mil/dpap/dars/pgi.

    DoD published a proposed rule at 70 FR 19036 on April 12, 2005. Two 
respondents submitted comments on the proposed rule. A discussion of 
the comments follows:
    1. Comment: DoD should not eliminate the option of using exhibits 
and attachments, as these are useful tools for the contracting officer.
    DoD Response: The rule does not eliminate the use of exhibits and 
attachments. They are still permitted and are addressed in Subpart 
204.71 of the DFARS companion resource, Procedures, Guidance, and 
    2. Comment: DoD should add guidance on the structuring of contract 
line items and subline items under performance-based contracts.

[[Page 9269]]

    DoD Response: The recommendation is considered to be outside the 
scope of this DFARS case. Therefore, DoD has made no change to the rule 
as a result of this comment.
    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 pertains only to DoD administrative procedures for 
numbering of contract line items, exhibits, and attachments.

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 204

    Government procurement.

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

Therefore, 48 CFR Part 204 is amended as follows:

1. The authority citation for 48 CFR Part 204 continues to read as 

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


2. Section 204.7102 is revised to read as follows:

204.7102  Policy.

    (a) The numbering procedures of this subpart shall apply to all--
    (1) Solicitations;
    (2) Solicitation line and subline item numbers;
    (3) Contracts as defined in FAR Subpart 2.1;
    (4) Contract line and subline item numbers;
    (5) Exhibits;
    (6) Exhibit line and subline items; and
    (7) Any other document expected to become part of the contract.
    (b) The numbering procedures are mandatory for all contracts where 
separate contract line item numbers are assigned, unless--
    (1) The contract is an indefinite-delivery type for petroleum 
products against which posts, camps, and stations issue delivery orders 
for products to be consumed by them; or
    (2) The contract is a communications service authorization issued 
by the Defense Information Systems Agency's Defense Information 
Technology Contracting Organization.

3. Section 204.7105 is revised to read as follows:

204.7105  Contract exhibits and attachments.

    Follow the procedures at PGI 204.7105 for use and numbering of 
contract exhibits and attachments.

[FR Doc. 06-1630 Filed 2-22-06; 8:45 am]