20758 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

Acquisition System, and the disciplines 

in the Defense Acquisition Guidebook. 

(d) Source selection processes shall 

be—

(1) Reviewed and approved by 

cognizant organizations responsible for 

oversight; 

(2) Documented by the head of the 

contracting activity or at the agency 

level; and 

(3) Periodically reviewed by outside 

officials independent of that office or 

agency. 

(e) Legal review of documentation of 

major acquisition system source 

selection shall be conducted prior to 

contract award, including the 

supporting documentation of the source 

selection evaluation board, source 

selection advisory council, and source 

selection authority. 

(f) Procurement management reviews 

shall determine whether clearance 

threshold authorities are clear and that 

independent review is provided for 

acquisitions exceeding the simplified 

acquisition threshold. 

[FR Doc. E7–7911 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206 and 225 

RIN 0750–AF62 

Defense Federal Acquisition 

Regulation Supplement; Deletion of 

Obsolete Acquisition Procedures 

(DFARS Case 2006–D046) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove text relating to 

obsolete requirements for maintenance 

of paper-based solicitation mailing lists 

and for furnishing of documents to 

certain entities. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D046. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends DFARS text as 

follows: 

Æ 206.303–1—Removes text 

designating the Director of Defense 

Procurement and Acquisition Policy as 

the agency point of contact for 

submission of certain justification and 

approval documents to the U.S. Trade 

Representative. This text is no longer 

applicable, as the underlying Federal 

Acquisition Regulation (FAR) 

requirement for submission of these 

documents to the U.S. Trade 

Representative was removed by the 

interim rule that was published at 69 FR 

77870 on December 28, 2004, and 

finalized at 71 FR 219 on January 3, 

2006. 

Æ 225.870–2 and 225.872–3—

Removes text addressing requirements 

for inclusion of Canadian firms and 

qualifying country sources on 

solicitation mailing lists, and for 

sending solicitations to the Canadian 

Commercial Corporation as well as 

Canadian firms appearing on the lists. 

This text is no longer applicable, as 

solicitation mailing lists have been 

replaced by electronic tools such as the 

Central Contractor Registration database 

and the Federal Business Opportunities 

Web site. The FAR was amended to 

remove references to solicitation 

mailing lists in the final rule published 

at 68 FR 43855 on July 24, 2003. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

This rule will not have a significant 

cost or administrative impact on 

contractors or offerors, or a significant 

effect beyond the internal operating 

procedures of DoD. Therefore, 

publication for public comment under 

41 U.S.C. 418b is not required. 

However, DoD will consider comments 

from small entities concerning the 

affected DFARS subparts in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2006–D046. 

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 206 and 

225 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 206 and 225 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 206 and 225 continues to read as 

follows: 

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

Chapter 1. 

PART 206—COMPETITION 

REQUIREMENTS 

206.303 and 206.303–1 [Removed] 

■ 2. Sections 206.303 and 206.303–1 are 

removed. 

PART 225—FOREIGN ACQUISITION 

225.870–2 [Amended] 

■ 3. Section 225.870–2 is amended as 

follows: 

■ a. By removing paragraphs (a) through 

(c); and 

■ b. By redesignating paragraphs (d) and 

(e) as paragraphs (a) and (b) 

respectively. 

225.872–3 [Amended] 

■ 4. Section 225.872–3 is amended as 

follows: 

■ a. By removing paragraph (a); and 

■ b. By redesignating paragraphs (b) 

through (g) as paragraphs (a) through (f) 

respectively. 

[FR Doc. E7–7907 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215, 231, and 252 

RIN 0750–AF67 

Defense Federal Acquisition 

Regulation Supplement; Excessive 

Pass-Through Charges (DFARS Case 

2006–D057) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 852 of 

the National Defense Authorization Act 

for Fiscal Year 2007. Section 852 


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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20759 

requires DoD to prescribe regulations to 

ensure that pass-through charges on 

contracts or subcontracts that are 

entered into for or on behalf of DoD are 

not excessive in relation to the cost of 

work performed by the relevant 

contractor or subcontractor. 

DATES: Effective date: April 26, 2007. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before June 25, 2007, to be considered 

in the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D057, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D057 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Mr. John 

McPherson, OUSD(AT&L)DPAP(CPF), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Mr. 

John McPherson, (703) 602–0296. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule implements Section 

852 of the National Defense 

Authorization Act for Fiscal Year 2007 

(Public Law 109–364). Section 852 

requires DoD to prescribe regulations to 

ensure that pass-through charges on 

contracts or subcontracts (or task or 

delivery orders) that are entered into for 

or on behalf of DoD are not excessive in 

relation to the cost of work performed 

by the relevant contractor or 

subcontractor. To enable DoD to ensure 

that pass-through charges are not 

excessive, this interim rule contains a 

solicitation provision and a contract 

clause requiring offerors and contractors 

to identify the percentage of work that 

will be subcontracted and, when 

subcontract costs will exceed 70 percent 

of the total cost of work to be performed, 

to provide information on indirect costs 

and profit and value added with regard 

to the subcontract work. 

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 does not expect this rule to 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 DoD does not expect a 

significant number of entities to propose 

excessive pass-through charges under 

DoD contracts or subcontracts, and the 

information required from offerors and 

contractors regarding pass-through 

charges is minimal. Therefore, DoD has 

not performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D057. 

C. Paperwork Reduction Act 

This interim rule contains a new 

information collection requirement. The 

Office of Management and Budget 

(OMB) has approved the information 

collection requirement for use through 

October 31, 2007, under OMB Control 

Number 0704–0443, in accordance with 

the emergency processing procedures of 

5 CFR 1320.13. DoD invites comments 

on the following aspects of the interim 

rule: (a) Whether the collection of 

information is necessary for the proper 

performance of the functions of DoD, 

including whether the information will 

have practical utility; (b) the accuracy of 

the estimate of the burden of the 

information collection; (c) ways to 

enhance the quality, utility, and clarity 

of the information to be collected; and 

(d) ways to minimize the burden of the 

information collection on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. The following 

is a summary of the information 

collection requirement. 

Title: Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Excessive Pass-Through Charges. 

Type of Request: New collection. 

Number of Respondents: 12,650. 

Responses per Respondent: 

Approximately 1. 

Annual Responses: 12,800. 

Average Burden per Response: .51 

hour. 

Annual Burden Hours: 6,550. 

Needs and Uses: DoD needs this 

information to ensure that pass-through 

charges under DoD contracts and 

subcontracts are not excessive, in 

accordance with Section 852 of Public 

Law 109–364. DoD contracting officers 

will use the information to assess the 

value added by a contractor or 

subcontractor in relation to proposed, 

billed, or claimed indirect costs or profit 

on work performed by a subcontractor. 

Affected Public: Businesses or other 

for-profit institutions. 

Respondent’s Obligation: Required to 

obtain or retain benefits. 

Frequency: On occasion. 

Written comments and 

recommendations on the proposed 

information collection should be sent to 

Ms. Hillary Jaffe at the Office of 

Management and Budget, Desk Officer 

for DoD, Room 10236, New Executive 

Office Building, Washington, DC 20503, 

with a copy to the Defense Acquisition 

Regulations System, Attn: Mr. John 

McPherson, OUSD(AT&L)DPAP(CPF), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Acquisition 

Regulations System, Attn: Mr. John 

McPherson, OUSD(AT&L)DPAP(CPF), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

Section 852 of the National Defense 

Authorization Act for Fiscal Year 2007 

(Public Law 109–364). Section 852 

requires DoD to prescribe regulations, 

not later than May 1, 2007, to ensure 

that pass-through charges on contracts 

or subcontracts (or task or delivery 

orders) that are entered into for or on 

behalf of DoD are not excessive in 

relation to the cost of work performed 

by the relevant contractor or 

subcontractor. Comments received in 

response to this interim rule will be 

considered in the formation of the final 

rule. 


pwalker on PROD1PC71 with RULES
20760 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

List of Subjects in 48 CFR Parts 215, 

231, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 215, 231, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 215, 231, and 252 continues to 

read as follows: 

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

Chapter 1. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 2. Section 215.408 is amended by 

adding paragraph (3) to read as follows: 

215.408 Solicitation provisions and 

contract clauses. 

* * * * * 

(3) Use the provision at 252.215–7003, 

Excessive Pass-Through Charges—

Identification of Subcontract Effort, and 

the clause at 252.215–7004, Excessive 

Pass-Through Charges, in all 

solicitations and contracts (including 

task or delivery orders) except for—

(i) Firm-fixed-price contracts awarded 

on the basis of adequate price 

competition; 

(ii) Fixed-price contracts with 

economic price adjustment, awarded on 

the basis of adequate price competition; 

(iii) Firm-fixed-price contracts for the 

acquisition of a commercial item; or 

(iv) Fixed-price contracts with 

economic price adjustment, for the 

acquisition of a commercial item. 

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

■ 3. Sections 231.201–2 and 231.203 are 

added to read as follows: 

231.201–2 Determining allowability. 

(a) In addition to the requirements at 

FAR 31.201–2(a), a cost is allowable 

only when it complies with the clause 

at 252.215–7004, Excessive PassThrough Charges. 

231.203 Indirect costs. 

(d) Excessive pass-through charges, as 

defined in the clause at 252.215–7004, 

are unallowable. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Sections 252.215–7003 and 

252.215–7004 are added to read as 

follows: 

252.215–7003 Excessive pass-through 

charges—identification of subcontract 

effort. 

As prescribed in 215.408(3), use the 

following provision: 

EXCESSIVE PASS-THROUGH CHARGES—

IDENTIFICATION OF SUBCONTRACT 

EFFORT (APR 2007) 

(a) Definition. Excessive pass-through 

charge, as used in this provision, is defined 

in the clause of this solicitation entitled 

‘‘Excessive Pass-Through Charges’’ (DFARS 

252.215–7004). 

(b) General. The offeror’s proposal shall 

exclude excessive pass-through charges. 

(c) Performance of work by the Contractor 

or a subcontractor. (1) The offeror shall 

identify in its proposal the percent of effort 

it intends to perform, and the percent 

expected to be performed by each 

subcontractor, under the contract, task order, 

or delivery order. 

(2) If the offeror intends to subcontract 

more than 70 percent of the total cost of work 

to be performed under the contract, task 

order, or delivery order, the offeror shall 

identify in its proposal—

(i) The amount of the offeror’s indirect 

costs and profit applicable to the work to be 

performed by the subcontractor(s); and 

(ii) A description of the value added by the 

offeror as related to the work to be performed 

by the subcontractor(s). 

(3) If any subcontractor proposed under the 

contract, task order, or delivery order intends 

to subcontract to a lower-tier subcontractor 

more than 70 percent of the total cost of work 

to be performed under its subcontract, the 

offeror shall identify in its proposal—

(i) The amount of the subcontractor’s 

indirect costs and profit applicable to the 

work to be performed by the lower-tier 

subcontractor(s); and 

(ii) A description of the value added by the 

subcontractor as related to the work to be 

performed by the lower-tier subcontractor(s). 

(End of provision) 

252.215–7004 Excessive pass-through 

charges. 

As prescribed in 215.408(3), use the 

following clause: 

EXCESSIVE PASS-THROUGH CHARGES 

(APR 2007) 

(a) Definitions. As used in this clause—

Excessive pass-through charge, with 

respect to a Contractor or subcontractor that 

adds no or negligible value to a contract or 

subcontract, means a charge to the 

Government by the Contractor or 

subcontractor that is for indirect costs or 

profit on work performed by a subcontractor 

(other than charges for the costs of managing 

subcontracts and applicable indirect costs 

and profit based on such costs). 

No or negligible value means the 

Contractor or subcontractor cannot 

demonstrate to the Contracting Officer that 

its effort added substantive value to the 

contract or subcontract in accomplishing the 

work performed under the contract. 

(b) General. The Government will not pay 

excessive pass-through charges. The 

Contracting Officer shall determine if 

excessive pass-through charges exist. 

(c) Performance of work by the Contractor 

or a subcontractor. (1) If the Contractor 

changes the amount of subcontract effort 

identified in its proposal such that it exceeds 

70 percent of the total cost of work to be 

performed under the contract, task order, or 

delivery order, the Contractor shall provide 

the Contracting Officer with a description of 

the value added by the Contractor as related 

to the subcontract effort. 

(2) If any subcontractor identified in the 

proposal changes the amount of lower-tier 

subcontractor effort such that it exceeds 70 

percent of the total cost of the work to be 

performed under its subcontract, the 

Contractor shall provide the Contracting 

Officer with a description of the value added 

by the subcontractor as related to the work 

to be performed by the lower-tier 

subcontractor(s). 

(3) If any subcontractor not identified in 

the proposal subcontracts to a lower-tier 

subcontractor more than 70 percent of the 

total cost of work to be performed under its 

subcontract, the Contractor shall provide the 

Contracting Officer with a description of the 

value added by the subcontractor as related 

to the work to be performed by the lower-tier 

subcontractor(s). 

(d) Recovery of excessive pass-through 

charges. If the Contracting Officer determines 

that excessive pass-through charges exist—

(1) For fixed-price contracts, the 

Government shall be entitled to a price 

reduction for the amount of excessive passthrough charges included in the contract 

price; and 

(2) For other than fixed-price contracts, the 

excessive pass-through charges are 

unallowable in accordance with the 

provisions in Subpart 31.2 of the Federal 

Acquisition Regulation (FAR) and Subpart 

231.2 of the Defense FAR Supplement. 

(e) Access to records. (1) The Contracting 

Officer, or authorized representative, shall 

have the right to examine and audit all the 

Contractor’s records (as defined at FAR 

52.215–2(a)) necessary to determine whether 

the Contractor proposed, billed, or claimed 

excessive pass-through charges. 

(2) For those subcontracts to which 

paragraph (f) of this clause applies, the 

Contracting Officer, or authorized 

representative, shall have the right to 

examine and audit all the subcontractor’s 

records (as defined at FAR 52.215–2(a)) 

necessary to determine whether the 

subcontractor proposed, billed, or claimed 

excessive pass-through charges. 

(f) Flowdown. The Contractor shall insert 

the substance of this clause, including this 

paragraph (f), in all subcontracts under this 

contract, except for—

(1) Firm-fixed-price subcontracts awarded 

on the basis of adequate price competition; 

(2) Fixed-price subcontracts with economic 

price adjustment, awarded on the basis of 

adequate price competition; 

(3) Firm-fixed-price subcontracts for the 

acquisition of a commercial item; or 

(4) Fixed-price subcontracts with economic 

price adjustment, for the acquisition of a 

commercial item. 


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Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20761 

(End of clause) 

[FR Doc. E7–7905 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 219 and 252 

RIN 0750–AE93 

Defense Federal Acquisition 

Regulation Supplement; Small 

Business Programs (DFARS Case 

2003–D047) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending Defense Federal Acquisition 

Regulation Supplement (DFARS) text 

pertaining to small business programs. 

The rule updates and clarifies policy for 

contracting with small business and 

small disadvantaged business concerns 

and relocates text to the DFARS 

companion resource, Procedures, 

Guidance, and Information. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Deborah Tronic, Defense Acquisition 

Regulations System, 

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

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0289; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2003–D047. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends DFARS Part 

219 and corresponding contract clauses. 

The DFARS changes—

• Update and clarify requirements for 

contracting with small business and 

small disadvantaged business concerns; 

and 

• Delete text containing procedures 

for referring matters to the Small 

Business Administration; procedures for 

processing contract awards under the 

8(a) Program; and information on the 

DoD test program for negotiation of 

comprehensive small business 

subcontracting plans. Text on these 

subjects has been relocated to the 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI), available at http:// 

www.acq.osd.mil/dpap/dars/pgi. 

DoD published a proposed rule at 71 

FR 9303 on February 23, 2006. Three 

respondents submitted comments on the 

proposed rule. A discussion of the 

comments is provided below. 

1. Comment: One respondent stated 

that the proposed changes to 

subcontracting plan requirements at 

DFARS 219.704(2) and 252.219–7003(g) 

would create an ambiguity. These 

changes proposed to amend text 

requiring contractors to notify the 

administrative contracting officer (ACO) 

of any substitutions of ‘‘firms that are 

not small, small disadvantaged, or 

women-owned small businesses for the 

firms listed in the subcontracting plan,’’

to instead indicate that the contractor 

must notify the ACO of any 

substitutions of small businesses 

specifically identified in the 

subcontracting plan. The respondent 

stated that ACOs and contractors could 

interpret this change to mean that 

contractors would be required to 

provide notification when substituting 

any firm, even one that is a small 

business concern, for one that is listed 

in the subcontracting plan. The 

respondent recommended that the rule 

instead require contractors to notify the 

ACO of any substitutions of ‘‘firms that 

are not small business concerns’’ for the 

firms listed in the subcontracting plan. 

DoD Response: DoD agrees that the 

language in the proposed rule could be 

ambiguous. Therefore, the final rule has 

been written to clarify the existing 

policy, i.e., that the contractor must 

notify the ACO of any substitutions of 

firms that are not small business firms, 

for the small business firms specifically 

identified in the subcontracting plan. 

2. Comment: One respondent 

recommended deleting the proposed 

text at 219.704(3), which contains a 

reference to the procedures in DFARS 

215.304 regarding evaluation of offers 

that require a subcontracting plan. The 

respondent recommended that the 

proposed 219.704(3) be replaced with 

text stating that offerors with approved 

commercial or comprehensive 

subcontracting plans are not required to 

submit contract-specific goals, and that 

those offerors will be evaluated based 

on Standard Form 295 information and 

Defense Contract Management Agency 

evaluations of company-wide 

performance under their small business 

programs. In addition, the respondent 

recommended that 219.704 state that 

contracting officers may accept 

commercial subcontracting plans for 

both commercial item and 

noncommercial item contracts, provided 

the plan covers the entire production of 

both commercial and noncommercial 

items as set forth at FAR 52.219–9(g). 

DoD Response: The issues addressed 

in this comment go beyond the scope of 

the changes being made under this 

DFARS case. DoD recognizes the 

importance of the issues raised by the 

respondent and is currently working 

independently of this case to resolve 

those issues. Any proposed changes to 

the DFARS that might result would be 

published under a separate case for 

public comment. 

3. Comment: One respondent stated 

that deleting DFARS text and putting it 

in PGI requires contracting officers to 

research multiple locations to ensure 

they are complying with all the 

necessary requirements. The respondent 

stated that deleting requirements would 

be streamlining, not moving them to 

another area which may cause 

uncertainty and ambiguity. 

DoD Response: DoD has moved nonregulatory requirements and guidance 

that do not significantly impact the 

public, from DFARS to PGI to facilitate 

rapid dissemination of any future 

changes, thus streamlining the process. 

Where there is related text in PGI, a link 

to this text is imbedded in DFARS. 

Through these links, the user is able to 

view the related PGI text side-by-side 

with the DFARS text. PGI also contains 

information on training, deviations, 

policy memoranda, and other 

information (e.g., guidebooks) that is not 

available in the DFARS. 

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 makes no significant 

change to DoD policy for contracting 

with small business and small 

disadvantaged business concerns. 

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 219 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 219 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 219 and 252 continues to read as 

follows: 


pwalker on PROD1PC71 with RULES