Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 67855

PART 211—DESCRIBING AGENCY 

NEEDS

211.201 [Amended]

■ 2. Section 211.201 is amended in 

paragraph (d) introductory text by 

removing ‘‘http://assist.daps.mil’’ and 

adding in its place ‘‘http://

assist.daps.dla.mil’’.

[FR Doc. 04–25809 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 217 and 219 

[DFARS Case 2003–D092] 

Defense Federal Acquisition 

Regulation Supplement; Small 

Disadvantaged Businesses and Leader 

Company Contracting

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to revise text pertaining to DoD 

review of small business subcontracting 

plans, and to remove text pertaining to 

leader company contracting. 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 22, 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–D092.

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 

DFARS changes—

• Remove DFARS Subpart 217.4, 

which addresses the participation of 

small disadvantaged business concerns 

in leader company contracting. DoD 

rarely uses leader company contracting. 

Incentives for major DoD contractors to 

assist small disadvantaged business 

concerns are provided through the DoD 

Pilot Mentor-Prote ́ge ́ Program, in 

accordance with DFARS Subpart 219.71 

and Appendix I. 

• Lower the approval level at DFARS 

219.705–4(d), from two levels above the 

contracting officer to one level above the 

contracting officer, for small business 

subcontracting plans that contain a 

small disadvantaged business goal of 

less than five percent.

DoD published a proposed rule at 69 

FR 21996 on April 23, 2004. DoD 

received no comments on the proposed 

rule. Therefore, 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 rule deletes text that is 

seldom used and revises review 

procedures that are internal to DoD. 

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 217 and 

219 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR Parts 217 and 219 

are amended as follows:

■ 1. The authority citation for 48 CFR 

Parts 217 and 219 continues to read as 

follows:

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

chapter 1.

PART 217—SPECIAL CONTRACTING 

METHODS

Subpart 217.4—[Removed]

■ 2. Subpart 217.4 is removed.

PART 219—SMALL BUSINESS 

PROGRAMS

■ 3. Section 219.705–4 is amended in 

paragraph (d) by revising the second 

sentence to read as follows:

219.705–4 Reviewing the subcontracting 

plan. 

(d) * * * A small disadvantaged 

business goal of less than five percent 

must be approved one level above the 

contracting officer.

[FR Doc. 04–25825 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 219 

[DFARS Case 2003–D105] 

Defense Federal Acquisition 

Regulation Supplement; Contracting 

for Architect-Engineer Services

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 1427 of 

the National Defense Authorization Act 

for Fiscal Year 2004. Section 1427 

increases, from $85,000 to $300,000, the 

threshold below which acquisitions for 

architect-engineer services for military 

construction or family housing projects 

are set aside for small business 

concerns.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Euclides Barrera, Defense Acquisition 

Regulations Council, 

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

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0296; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D105.

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 69 

FR 31909 on June 8, 2004, to implement 

Section 1427 of the National Defense 

Authorization Act for Fiscal Year 2004 

(Pub. L. 108–136). Section 1427 

amended 10 U.S.C. 2855 to increase, 

from $85,000 to $300,000, the threshold 

below which acquisitions for architectVerDate jul<14>2003 15:08 Nov 19, 2004 Jkt 205001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\22NOR1.SGM 22NOR1
67856 Federal Register / Vol. 69, No. 224 / Monday, November 22, 2004 / Rules and Regulations 

engineer services for military 

construction or family housing projects 

are set aside for small business 

concerns. DoD received no comments 

on the interim rule. Therefore, DoD has 

adopted the interim 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 has prepared a final regulatory 

flexibility analysis consistent with 5 

U.S.C. 604. The analysis is summarized 

as follows: 

This rule finalizes an interim DFARS 

rule published on June 8, 2004, to 

implement Section 1427 of the National 

Defense Authorization Act for Fiscal 

Year 2004 (Pub. L. 108–136). Section 

1427 amended 10 U.S.C. 2855 to 

increase, from $85,000 to $300,000, the 

threshold below which acquisitions for 

architect-engineer services for military 

construction or family housing projects 

are set aside for small business 

concerns. DoD received no public 

comments on the initial regulatory 

flexibility analysis or the interim 

DFARS rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. The rule will benefit 

small entities that perform architectengineer services by increasing 

opportunities for these entities to 

receive DoD contract awards. 

A copy of the analysis may be 

obtained from the point of contact 

specified herein. 

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 Part 219 

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

Interim Rule Adopted as Final Without 

Change

■ Accordingly, the interim rule 

amending 48 CFR Part 219, which was 

published at 69 FR 31909 on June 8, 

2004, is adopted as a final rule without 

change.

[FR Doc. 04–25814 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Part 224

[DFARS Case 2003–D038] 

Defense Federal Acquisition 

Regulation Supplement; Protection of 

Privacy and Freedom of 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 delete text pertaining to the 

applicability of the Privacy Act to 

certain contractor records. 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 22, 2004.

FOR FURTHER INFORMATION CONTACT: Mr. 

Euclides Barrera, Defense Acquisition 

Regulations Council, OUSD (AT&L) 

DPAP (DAR), IMD 3C132, 3062 Defense 

Pentagon, Washington, DC 20301–3062. 

Telephone (703) 602–0296; facsimile 

(703) 602–0350. Please cite DFARS Case 

2003–D038.

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 deletes DFARS 224.102, which 

specifies that the Privacy Act (5 U.S.C. 

552a) does not apply to certain 

contractor records. The DFARS text is 

unnecessary, because this issue is 

adequately addressed in DoD Regulation 

5400.11–R, Department of Defense 

Privacy Program, which is referenced in 

DFARS 224.103. 

DoD published a proposed rule at 69 

FR 8152 on February 23, 2004. DoD 

received one comment in response to 

the proposed rule, and that comment 

supported the rule. Therefore, 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 deletion of the DFARS text does 

not represent a change in DoD policy. 

Applicability of the Privacy Act is 

adequately addressed in other DoD 

publications. 

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 Part 224

Government procurement.

Michele P. Peterson, 

Executive Editor, Defense Acquisition 

Regulations Council.

■ Therefore, 48 CFR part 224 is amended 

as follows:

■ 1. The authority citation for 48 CFR 

part 224 continues to read as follows:

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

Chapter 1.

PART 224—PROTECTION OF PRIVACY 

AND FREEDOM OF INFORMATION

224.102 [Removed]

■ 2. Section 224.102 is removed.

[FR Doc. 04–25827 Filed 11–19–04; 8:45 am] 

BILLING CODE 5001–08–P

DEPARTMENT OF DEFENSE

48 CFR Parts 227 and 252

[DFARS Case 2003–D104] 

Defense Federal Acquisition 

Regulation Supplement; Written 

Assurance of Technical Data 

Conformity

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 844 of