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Defense Federal Acquisition Regulation Supplement; OMB Circular A-119

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AGENCY:

Department of Defense (DoD).

ACTION:

Final rule.

SUMMARY:

The Acting Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to address use of a Federal Acquisition Regulation (FAR) provision that invites offerors to propose alternatives to Government-unique standards. This DFARS rule instructs DoD contracting officers not to use the FAR provision, since DoD uses the Single Process Initiative to encourage offerors to propose alternatives to Government-unique specifications and standards.

EFFECTIVE DATE:

February 10, 2000.

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FOR FURTHER INFORMATION CONTACT:

Ms. Melissa Rider, Defense Acquisition Regulations Council, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3061. Telephone (703) 602-4245; telefax (703) 602-0350. Please cite DFARS Case 99-D024.

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SUPPLEMENTARY INFORMATION:

A. Background

This final DFARS rule supplements the final FAR rule that was published at 64 FR 51834 on September 24, 1999 (Federal Acquisition Circular 97-14, Item V) to implement Office of Management and Budget Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. The FAR rule added a provision at FAR 52.211-7 to permit offerors to propose voluntary consensus standards as alternatives to Government-unique standards included in a solicitation. In accordance with the prescription at FAR 11.107(b), use of the provision is optional for agencies that use the categorical method of reporting their use of voluntary consensus standards to the National Institute of Standards and Technology. DoD uses the categorical method of reporting. In addition, DoD uses the Single Process Initiative procedures at DFARS 211.273 and 252.211-7005 to encourage offerors to propose industry standards as alternatives to Government-unique specifications and standards. Therefore, this DFARS rule specifies that the provision at FAR 52.211-7 will not be used in DoD solicitations.

DoD published a proposed rule at 64 FR 61056 on November 9, 1999. One source submitted comments in response to the proposed rule. DoD considered those comment in the development of the final rule.

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 provision at FAR 52.211-7, Alternatives to Government-Unique Standards, is optional, and DoD already has implemented procedures for encouraging offerors to propose alternatives to Government-unique specifications and standards through the Single Process Initiative.

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.

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List of Subjects in 48 CFR Part 211

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Michele P. Peterson,

Executive Editor, Defense Acquisition Regulations Council.

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Therefore,

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1. The authority citation for

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

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PART 211—DESCRIBING AGENCY NEEDS

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2. Subpart 211.1 is added to read as follows:

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Subpart 211.1—Selecting and Developing Requirements Documents

Sec.

211.107 Solicitation provision.

Solicitation provision.

(b) DoD uses the categorical method of reporting. Do not use the provision at FAR 52.211-7, Alternatives to Government-Unique Standards, in DoD solicitations.

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[FR Doc. 00-2944 Filed 2-10-00; 8:45 am]

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