DATE: February 23, 2004
SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Protection of Privacy and Freedom of Information
SOURCE: Federal Register, February 23, 2004, Vol. 69, No. 35, page 8152
AGENCIES: Department of Defense (DOD)
ACTION: Proposed Rule
SYNOPSIS: It is proposed that DFARS 224.102, General, which pertains to the applicability of the Freedom of Information Act, be deleted 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).
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: email@example.com. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Euclides Barrera, 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-D038" when making comments on this proposed rule.
FOR FURTHER INFORMATION CONTACT: Euclides Barrera, 703-602-0296.
SUPPLEMENTAL INFORMATION: This proposed rule 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 considers DFARS 224.102 to be unnecessary because this issue is adequately addressed in DOD 5400.11-R, Department of Defense Privacy Program, which is referenced in DFARS 224.103, Procedures.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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