DATE: February 23, 2004
SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information
SOURCE: Federal Register, February 23, 2004, Vol. 69, No. 35, page 8145
AGENCIES: Department of Defense (DOD)
ACTION: Proposed Rule
SYNOPSIS: It is proposed that the DFARS be amended to define a companion resource to the DFARS that will contain 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.
This proposed rule is one of the first fourteen proposed changes implementing the DFARS Transformation. The other thirteen proposed changes are described in other FEDERAL CONTRACTS DISPATCHES published today.
Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.
DATES: Comments on the proposed rule must be submitted on or before April 23, 2004.
ADDRESSES: Respondents may submit comments directly on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: firstname.lastname@example.org. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Michele Peterson, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite "DFARS Case 2003-D090" when making comments on this proposed rule.
FOR FURTHER INFORMATION CONTACT: Michele Peterson, 703-602-0311.
SUPPLEMENTAL INFORMATION: This proposed rule would establish the framework for a new DFARS companion resource, the PGI. The PGI will not be published in the Code of Federal Regulations, but will be available electronically at http://www.acq.osd.mil/dpap/dfars/index.htm. Use of the PGI will 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/dfars/index.htm, will contain computerized links to the corresponding PGI sections.
To reflect in the DFARS the institution of the PGI, the following changes would be 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/dp/dars/dfars.html." (EDITOR'S NOTE: The DFARS website has been moved to http://www.acq.osd.mil/dpap/dfars/index.htm, so this will have to be updated.)
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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