Defense Acquisition Regulations System, Department of Defense (DoD).
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.
Effective Date: February 23, 2006.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mr. Euclides Barrera, Defense 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.End Further Info End Preamble Start Supplemental Information
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 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.Start List of Subjects
List of Subjects in 48 CFR Part 236End List of Subjects Start Signature
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore,End Amendment Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Part
PART 236—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
2. Section 236.102 is amended by removing paragraph (4) and redesignating paragraph (5) as paragraph (4).End Amendment Part Start Amendment Part
3. Section 236.201 is amended by revising paragraph (c) to read as follows:End Amendment Part
(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:End Amendment Part
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:End Amendment Part
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.
6. Sections 236.213-70 and 236.273 are removed.End Amendment Part
7. Section 236.274 is redesignated as section 236.273.End Amendment Part Start Amendment Part
8. Newly designated section 236.273 is amended by revising paragraph (b) to read as follows:End Amendment Part
(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]
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