22706 Federal Register / Vol. 75, No. 83 / Friday, April 30, 2010 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: April 23, 2010. 

Sandra K. Knight, 

Deputy Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2010–10053 Filed 4–29–10; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 237, and 246 

RIN 0750–AG49 

Defense Federal Acquisition 

Regulation Supplement; Service 

Contract Surveillance (DFARS Case 

2008–D032) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to ensure that the requirement 

for a quality assurance surveillance plan 

is addressed for each contract with a 

dollar value above the simplified 

acquisition threshold, and that contracts 

for services have appropriate 

performance management or 

surveillance plans prepared for the work 

being performed under the contract. 

DATES: Effective Date: April 30, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), 3060 

Defense Pentagon, Room 3B855, 

Washington, DC 20301–3060. 

Telephone 703–602–0311; facsimile 

703–602–0350. Please cite DFARS Case 

2008–D032. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The DoD improvement plan for the 

GAO High Risk Area—Contract 

Management, includes a commitment 

from DoD to clarify and/or enhance the 

DFARS to ensure that appropriate 

surveillance plans are included in 

contracts for services. This rule amends 

the DFARS to ensure that quality 

assurance surveillance plans are 

prepared in conjunction with the 

statement of work or statement of 

objectives, and included in solicitations 

and contracts for services to facilitate 

assessments of contractor performance. 

Additionally, the requirement for a 

quality assurance surveillance plan 

shall be addressed and documented in 

the contract file for each contract with 

a dollar value above the simplified 

acquisition threshold. 

DoD is issuing this rule as a final rule 

because this rule does not have a 

significant effect beyond the internal 

operating procedures of DoD and does 

not have a significant cost or 

administrative impact on contractors or 

offerors. Therefore, public comment is 

not required in accordance with 41 

U.S.C. 418b(a). 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of FAR 

1.501 and public comment is not 

required in accordance with 41 U.S.C. 

418b(a). 

C. Paperwork Reduction Act 

The Paperwork Reduction Act (Pub. 

L. 96–511) does not apply because the 

rule does not impose additional 

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, 

237, and 246 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 201, 237, and 

246 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 201, 237, and 246 continues to 

read as follows: 

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

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 2. Section 201.602–2 is amended by 

revising paragraph (1) to read as follows: 

201.602–2 Responsibilities. 

(1) Follow the procedures at PGI 

201.602–2 regarding designation, 

assignment, and responsibilities of a 

contracting officer’s representative 

(COR). 

* * * * * 

PART 237—SERVICE CONTRACTING 

■ 3. Section 237.172 is added to read as 

follows: 

237.172 Service Contracts Surveillance. 

Ensure that quality assurance 

surveillance plans are prepared in 

conjunction with the preparation of the 

statement of work or statement of 

objectives for solicitations and contracts 

for services. These plans should be 

tailored to address the performance 

risks inherent in the specific contract 

type and the work effort addressed by 

the contract. (See FAR Subpart 46.4.) 

Retain quality assurance surveillance 

plans in the official contract file. See 

https://sam.dau.mil, Step Four— 

Requirements Definition, for examples 

of quality assurance surveillance plans. 

PART 246—QUALITY ASSURANCE 

■ 4. Section 246.401 is added to read as 

follows: 

246.401 General. 

The requirement for a quality 

assurance surveillance plan shall be 

addressed and documented in the 

contract file for each contract except for 

those awarded using simplified 

acquisition procedures. For contracts for 

services, the contracting officer should 

prepare a quality assurance surveillance 

plan to facilitate assessment of 

contractor performance, see 237.172. 

For contracts for supplies, the 

contracting officer should address the 

need for a quality assurance 

surveillance plan. 

[FR Doc. 2010–9884 Filed 4–29–10; 8:45 am] 

BILLING CODE 5001–08–P 


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