63326 Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 

5 (heading only), (5.3, Table 5.3 as it 

applies to PM10), 5.5, 5.9, 5.9.1, 5.9.2, 

5.9.3, 5.9.4, 5.9.5, 5.9.6, 5.9.7, 5.9.8, 

5.9.9, 5.10, 5.11, 6 (heading only), 6.3, 

Table 6.1, 6.5, 6.6, 6.7, 6.7.1, 6.7.2, 6.8, 

7 (heading only), (7.3, Table 7.1 as it 

applies to PM10), 7.5, 7.7, 7.7.1, 7.7.2, 

7.8, 8 (heading only), 8.3, Table 8.1, 8.5, 

8.7, 8.7.1, 8.7.2, 8.8, 9 (heading only), 

9.3, Table 9.1, 9.5, 9.7, 9.7.1, 9.7.2, 9.8, 

10 (heading only), 10.3, Table 10.1, 10.6, 

10.8, 10.8.1, 10.8.2, 10.9, 11 (heading 

only), 11.3, Table 11.2, 11.6, 11.8, 

11.8.1, 11.8.2, 11.9, 12 (heading only), 

12.3, Table 12.1, 12.5, 12.7, 12.7.1, 

12.7.2, 12.8, 13 (heading only), 13.1 

(except as it applies to conditions 13.3, 

13.3.1, 13.3.2, 13.5, 13.5.1, 13.5.2, 

13.5.3, 13.6, 13.6.1, 13.6.2 and 13.9), 

Table 13.1 (except conditions 13.3, 13.5 

and 13.6), (13.2, Table 13.2 as it applies 

to PM10), 13.2.1, 13.4, 13.4.1, 13.4.2, 

13.4.3, 13.7, 13.7.1, 13.7.2, 13.8, 13.8.1, 

13.8.2, 13.8.3, 13.10, and 13.11.

[FR Doc. 04–24333 Filed 10–29–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 202 

[DFARS Case 2003–D090] 

Defense Federal Acquisition 

Regulation Supplement; Procedures, 

Guidance, and Information

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(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, 

is a result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D090.

SUPPLEMENTARY INFORMATION:

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective 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, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dpap/dfars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

rule establishes the framework for a new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), which contains mandatory and 

non-mandatory internal DoD 

procedures, non-mandatory guidance, 

and supplemental information. PGI will 

not be published in the Code of Federal 

Regulations, but will be available 

electronically at http://www.acq.osd.

mil/dpap/dars/index.htm. Use of PGI 

will enable DoD to more rapidly convey 

internal administrative and procedural 

information to the acquisition 

workforce. The HTML version of the 

DFARS available at http://www.acq.osd.

mil/dpap/dfars/index.htm will contain 

computerized links to the corresponding 

PGI sections.

DoD published a proposed rule at 69 

FR 8145 on February 23, 2004. DoD 

received one comment on the proposed 

rule. The comment recommended 

additional policy and procedures 

relating to interagency acquisitions 

under the Economy Act (31 U.S.C. 

1535). The comment is considered to be 

outside the scope of this case, but will 

be considered with other changes being 

developed for DFARS Part 217, which 

addresses the Economy Act. DoD has 

adopted the proposed rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not have a significant economic impact 

on a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the new DFARS companion 

resource will contain only procedures, 

guidance, and information that have no 

significant effect beyond the internal 

operating procedures of DoD and no 

significant cost or administrative impact 

on contractors or offerors. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the rule does not 

impose any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 201 and 

202 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 201 and 202 

are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 201 and 202 continues to read as 

follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM

■ 2. Section 201.105–3 is revised to read 

as follows:

201.105–3 Copies. 

The DFARS and the DFARS 

Procedures, Guidance, and Information 

(PGI) are available electronically via the 

World Wide Web at http://

www.acq.osd.mil/dpap/dars/index.htm.

■ 3. Section 201.201–70 is added to read 

as follows:

201.201–70 Maintenance of Procedures, 

Guidance, and Information. 

The DAR Council is also responsible 

for maintenance of the DFARS 

Procedures, Guidance, and Information 

(PGI).

■ 4. Section 201.301 is amended by 

revising paragraph (a) to read as follows:

201.301 Policy. 

(a)(1) DoD implementation and 

supplementation of the FAR is issued in 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) under 

authorization and subject to the 

authority, direction, and control of the 

Secretary of Defense. The DFARS 

contains—

(i) Requirements of law; 

(ii) DoD-wide policies; 

(iii) Delegations of FAR authorities; 

(iv) Deviations from FAR 

requirements; and 

(v) Policies/procedures that have a 

significant effect beyond the internal 

operating procedures of DoD or a 

significant cost or administrative impact 

on contractors or offerors. 

Federal Register / Vol. 69, No. 210 / Monday, November 1, 2004 / Rules and Regulations 63327

(2) Relevant procedures, guidance, 

and information that do not meet the 

criteria in paragraph (a)(1) of this 

section are issued in the DFARS 

Procedures, Guidance, and Information 

(PGI).

* * * * *

PART 202—DEFINITIONS OF WORDS 

AND TERMS

■ 5. Section 202.101 is amended by 

adding, in alphabetical order, a 

definition of ‘‘Procedures, Guidance, and 

Information (PGI)’’ to read as follows:

202.101 Definitions.

* * * * *

Procedures, Guidance, and 

Information (PGI) means 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 nonmandatory 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.

* * * * *

[FR Doc. 04–24281 Filed 10–29–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 204 and 208 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement to 

update Internet addresses and reference 

information.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0311; 

facsimile (703) 602–0350.

List of Subjects in 48 CFR Parts 204 and 

208 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR parts 204 and 208 

are amended as follows:

■ 1. The authority citation for 48 CFR 

parts 204 and 208 continues to read as 

follows:

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1.

PART 204—ADMINISTRATIVE 

MATTERS

■ 2. Section 204.7003 is amended in 

paragraph (a)(1) by revising the last 

sentence to read as follows:

204.7003 Basic PII number. 

(a) * * * 

(1) * * * DoDAACs can be found at 

https://day2k1.daas.dla.mil/daasinq/.

* * * * *

■ 3. Section 204.7005 is amended by 

revising paragraph (d) to read as follows:

204.7005 Assignment of order codes.

* * * * *

(d) Order code assignments can be 

found at http://www.acq.osd.mil/dpap/

dfars/ordercode.htm.

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES

■ 4. Section 208.404 is amended by 

adding paragraph (S–70) to read as 

follows:

208.404 Using schedules.

* * * * *

(S–70) See related information at PGI 

208.404.

[FR Doc. 04–24285 Filed 10–29–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 205, 226, 235, and 252 

[DFARS Case 2003–D016] 

Defense Federal Acquisition 

Regulation Supplement; Publicizing 

Contract Actions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update text pertaining to 

publicizing contract actions. This rule is 

a result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, Defense Acquisition 

Regulations Council, 

OUSD(AT&L)DPAP(DAR), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0326; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D016.

SUPPLEMENTARY INFORMATION: 

A. Background 

DFARS Transformation is a major 

DoD initiative to dramatically change 

the purpose and content of the DFARS. 

The objective 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, DoDwide policies, delegations of FAR 

authorities, deviations from FAR 

requirements, and policies/procedures 

that have a significant effect beyond the 

internal operating procedures of DoD or 

a significant cost or administrative 

impact on contractors or offerors. 

Additional information on the DFARS 

Transformation initiative is available at 

http://www.acq.osd.mil/dp/dars/

transf.htm.

This final rule is a result of the 

DFARS Transformation initiative. The 

DFARS changes include—

• Deletion of text at DFARS 

205.207(d)(ii) containing a notice to be 

included in acquisitions being 

considered for historically black college 

and university and minority institution 

(HBCU/MI) set-aside. This notice is 

being relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI), with 

retention of a policy statement in 

DFARS 205.207 regarding use of the 

notice, and addition of a policy 

statement at DFARS 226.7003–2(c) 

regarding the requirement for an 

interested HBCU/MI to provide 

evidence of its capability and eligibility 

(which is also addressed in the notice). 

A final rule addressing the purpose and 

structure of PGI is published elsewhere 

in this issue of the Federal Register

under DFARS Case 2003–D090, 

Procedures, Guidance, and Information. 

PGI is available at http://

www.acq.osd.mil/dpap/dars/index.htm.

• Redesignation of DFARS 

205.207(d)(iii) as 205.207(d)(ii), and