[Federal Register: May 12, 2006 (Volume 71, Number 92)]
[Proposed Rules]               
[Page 27659-27660]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 201

RIN 0750-AF30

Defense Federal Acquisition Regulation Supplement; Contracting 
Officers' Representatives (DFARS Case 2005-D022)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Proposed rule with request for comments.


SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to update text pertaining to the 
designation of a contracting officer's representative. This proposed 
rule is a result of a transformation initiative undertaken by DoD to 
dramatically change the purpose and content of the DFARS.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 11, 2006, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2005-D022, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 

Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2005-D022 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Robin Schulze, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
    Comments received generally will be posted without change to http://www.regulations.gov
, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, (703) 602-0326.


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 proposed rule is a result of the DFARS Transformation 
initiative. The proposed DFARS changes--
     Clarify the authority of a contracting officer's 
representative; and
     Remove internal DoD procedures relating to the designation 
of a contracting officer's representative. Text on this subject will be 
relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI). Additional information on PGI is available at 

    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 does not expect this rule to 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 proposed 
rule addresses internal DoD procedural matters, and makes no 
significant change to DoD contracting policy. Therefore, DoD has not 
performed an initial regulatory flexibility analysis. DoD invites 
comments from small businesses and other interested parties. DoD also 
will consider comments from small entities concerning the affected 
DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be 
submitted separately and should cite DFARS Case 2005-D022.

[[Page 27660]]

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 201

    Government procurement.

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

    Therefore, DoD proposes to amend 48 CFR part 201 as follows:


    1. The authority citation for 48 CFR part 201 continues to read as 

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

    2. Section 201.602-2 is revised to read as follows:

201.602-2   Responsibilities.

    (1) Follow the procedures at PGI 201.602-2 regarding designation of 
a contracting officer's representative (COR).
    (2) A COR-
    (i) Must be a Government employee, unless otherwise authorized in 
agency regulations.
    (ii) Must be qualified by training and experience commensurate with 
the responsibilities to be delegated in accordance with department/
agency guidelines.
    (iii) May not be delegated responsibility to perform functions at a 
contractor's location that have been delegated under FAR 42.202(a) to a 
contract administration office.
    (iv) Has no authority to make any commitments or changes that 
affect price, quality, quantity, delivery, or other terms and 
conditions of the contract.
    (v) Must be designated in writing, and a copy furnished the 
contractor and the contract administration office--
    (A) Specifying the extent of the COR's authority to act on behalf 
of the contracting officer;
    (B) Identifying the limitations on the COR's authority;
    (C) Specifying the period covered by the designation;
    (D) Stating the authority is not redelegable; and
    (E) Stating that the COR may be personally liable for unauthorized 

 [FR Doc. E6-7286 Filed 5-11-06; 8:45 am]