DATE: March 23, 2005

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Contracting by Negotiation

SOURCE: Federal Register, March 23, 2005, Vol. 70, No. 55, page 14624

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: This proposed rule would update the text of DFARS Part 215, Contracting by Negotiation.

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 Federal Acquisition Regulation (FAR) authorities, deviations from 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), which is available at http://www.acq.osd.mil/dpap/dars/pgi/index.htm.

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

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

DATES: Comments on the proposed rule should be submitted on or before May 23, 2005.

ADDRESSES: Respondents may submit comments directly on the Federal eRulemaking Portal at http://www.regulations.gov; on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; by e-mail to: dfars@acq.osd.mil; by fax to 703-602-0350; by mail to Defense Acquisition Regulations Council, Attn: Michele Peterson, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; or by courier/hand to Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2003-D077" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Michele Peterson, 703-602-0311.

SUPPLEMENTARY INFORMATION: This proposed rule is a result of the DFARS Transformation initiative. It would delete the following because they are considered unnecessary:

In addition, text addressing the preparation of source selection plans in paragraph (b)(2) of FAR 215.303, Responsibilities, and text providing examples of evaluation factors in paragraph (c)(i)(A) of DFARS 215.304, would be removed and relocated to PGI 215.303 and PGI 215.304, respectively. Cross-references to PGI 215.303 and PGI 215.304 would be substituted for the removed text.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953.

Copyright 2005 by Panoptic Enterprises. All Rights Reserved.

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