[Federal Register: February 23, 2006 (Volume 71, Number 36)]
[Rules and Regulations]               
[Page 9272-9273]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 236

[DFARS Case 2003-D034]

Defense Federal Acquisition Regulation Supplement; Construction 

AGENCY: Defense Acquisition Regulations 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 pertaining to 
contracting for construction. 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-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D034.


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--
     Deletes DFARS text defining and addressing the use of 
network analysis systems, as this subject is addressed in the United 
Facilities Guide Specifications used by the military departments in 
specifying construction requirements; and
     Deletes DFARS text on distribution and use of contractor 
performance reports, handling of Government estimates of construction 
costs, use of bid schedules with additive or deductive items, and 
technical working agreements with foreign governments. Text on these 
subjects has been relocated to the new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi

    DoD published a proposed rule at 70 FR 35605 on June 21, 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 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 236

    Government procurement.

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

Therefore, 48 CFR part 236 is amended as follows:

1. The authority citation for 48 CFR part 236 continues to read as 

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


236.102  [Amended]

2. Section 236.102 is amended by removing paragraph (4) and 
redesignating paragraph (5) as paragraph (4).

3. Section 236.201 is amended by revising paragraph (c) to read as 

236.201   Evaluation of contractor performance.

* * * * *

[[Page 9273]]

    (c) Follow the procedures at PGI 236.201(c) for distribution and 
use of performance reports.

4. Section 236.203 is revised to read as follows:

236.203   Government estimate of construction costs.

    Follow the procedures at PGI 236.203 for handling the Government 
estimate of construction costs.

5. Section 236.213 is revised to read as follows:

236.213  Special procedures for sealed bidding in construction 

    If it appears that sufficient funds may not be available for all 
the desired construction features, consider using a bid schedule with 
additive or deductive items in accordance with PGI 236.213.

236.213-70 and 236.273   [Removed]

6. Sections 236.213-70 and 236.273 are removed.

236.274  [Redesignated]

7. Section 236.274 is redesignated as section 236.273.

8. Newly designated section 236.273 is amended by revising paragraph 
(b) to read as follows:

236.273  Construction in foreign countries.

* * * * *
    (b) See PGI 236.273(b) for guidance on technical working agreements 
with foreign governments.

[FR Doc. 06-1631 Filed 2-22-06; 8:45 am]