DATE: November 1, 2004
SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information
SOURCE: Federal Register, November 1, 2004, Vol. 69, No. 210, page 63326
AGENCIES: Department of Defense (DOD)
ACTION: Final Rule
SYNOPSIS: DOD is adopting as final, without change, the February 23, 2004, proposed rule to amend the DFARS to define a companion resource to the DFARS that contains mandatory and non-mandatory internal DOD procedures, non-mandatory guidance, and supplemental information. This new resource, entitled "Procedures, Guidance, and Information" (PGI), is a result of a transformation initiative undertaken by DOD to change the purpose and content of the DFARS.
EDITOR'S NOTE: On February 11, 2003, DOD announced plans for conducting a "major transformation" of the DFARS (see the February 11, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS) Transformation"). The objective of the DFARS transformation 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 Federal Acquisition Regulation (FAR) requirements, and policies and procedures that have a significant effect beyond the internal operating procedures of DOD or a significant cost or administrative impact on contractors or offerors. All mandatory and non-mandatory internal DOD procedures, non-mandatory guidance, and supplemental information will be contained in the DFARS companion document, the PGI.
Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.
For more on the proposed rule that is being finalized, see the February 23, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information."
EFFECTIVE DATE: November 1, 2004.
FOR FURTHER INFORMATION CONTACT: Michele Peterson, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0311; fax: 703-602-0350.
SUPPLEMENTAL INFORMATION: On February 23, 2004, DOD published a proposed rule that would establish the framework for a new DFARS companion resource, the PGI. The PGI would not be published in the Code of Federal Regulations, but would be available electronically at http://www.acq.osd.mil/dpap/dars/index.htm. Use of the PGI would enable DOD to more rapidly convey internal administrative and procedural information to the acquisition workforce. The HTML version of the DFARS, also available at http://www.acq.osd.mil/dpap/dars/index.htm, would contain computerized links to the corresponding PGI sections.
One comment was submitted in response to the proposed rule, but it was considered to be outside the scope of the proposed rule, so the proposed rule is adopted as final without change, except that the Internet address of the DFARS and PGI site is corrected.
To reflect in the DFARS the institution of the PGI, the following changes are made:
"...a companion resource to the DFARS that --
"(1) Contains mandatory internal DOD procedures. The DFARS will direct compliance with mandatory procedures using imperative language such as 'Follow the procedures at...' or similar directive language;
"(2) Contains non-mandatory internal DOD procedures and guidance and supplemental information to be used at the discretion of the contracting officer. The DFARS will point to non-mandatory procedures, guidance, and information using permissive language such as 'The contracting officer may use...' or 'Additional information is available at...' or other similar language;
"(3) Is numbered similarly to the DFARS, except that each PGI numerical designation is preceded by the letters 'PGI'; and
"(4) Is available electronically at http://www.acq.osd.mil/dpap/dars/index.htm."
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
Return to the Dispatches Library.
Return to the Main Page.