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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: November 10, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Protection of Privacy and Freedom of Information

SOURCE: Federal Register, November 22, 2004, Vol. 69, No. 224, page 67856

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is deleting DFARS 224.102, General, which pertains to the applicability of the Freedom of Information Act, because it is unnecessary.

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 Procedures, Guidance, and Information (PGI).

Additional information on the DFARS Transformation initiative is available at http://www.acq.osd.mil/dpap/dfars/transf.htm.

For more on the PGI, see the November 1, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Procedures, Guidance, and Information."

For more on the proposed rule, see the February 23, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Protection of Privacy and Freedom of Information."

EFFECTIVE DATE: November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Euclides Barrera, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0296; fax: 703-602-0350.

SUPPLEMENTAL INFORMATION: In response to the DFARS Transformation initiative, DOD published a proposed rule on February 23, 2004, that would delete DFARS 224.102, which specifies that the Freedom of Information Act does not apply to "(1) systems of records the contractor maintains on its employees; or (2) the records generated by a state or private educational organization under a contract with the government to provide training, when the records (admission forms, grade reports) are similar to and commingled with those maintained on other students." DOD considered DFARS 224.102 to be unnecessary because it believed this issue is adequately addressed in DOD 5400.11-R, Department of Defense Privacy Program, which is referenced in DFARS 224.103, Procedures.

One comment was received on the proposed rule, but it was in support of the rule, so DOD has adopted the proposed rule as final without change.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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