[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Rules and Regulations]
[Pages 6551-6552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2945]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 225

[DFARS Case 99-D027]


Defense Federal Acquisition Regulation Supplement; Delegation of 
Class Deviation Authority

AGENCY: Department of Defense (DOD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Acting Director of Defense Procurement has issued a final 
rule amending the Defense Federal Acquisition Regulation Supplement 
(DFARS) to authorize the senior procurement executives for the Army, 
Navy, and Air Force, and the Directors of the Defense Commissary Agency 
and the Defense Logistics Agency, to approve certain class deviations 
from the Federal Acquisition Regulation (FAR) and the DFARS.

EFFECTIVE DATE: February 10, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Kathleen Fenk, Defense Acquisition 
Regulations Council, PDUSD(AT&L)DP(DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0296; telefax 
(703) 602-0350. Please cite DFARS Case 99-D027.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends DFARS Parts 201 and 225 to authorize the 
senior procurement executives for the Army, Navy, and Air Force, and 
the Directors of the Defense Commissary Agency and the Defense 
Logistics Agency, to approve certain class deviations from the FAR and 
the DFARS. The rule also contains amendments to reflect the title 
change of the ``Under Secretary of Defense for Acquisition and 
Technology'' to the ``Under Secretary of Defense for Acquisition, 
Technology, and Logistics.''
    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 final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment 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 comment should cite DFARS Case 99-
D027.

[[Page 6552]]

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 225

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR parts 201 and 225 are amended as follows:
    1. The authority citation for 48 CFR Parts 201 and 225 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Section 201.201-1 is amended in paragraph (d)(i) introductory 
text by removing the parenthetical ``(A&T)'' and adding in its place 
``(AT&L)'', and by revising paragraph (d)(i)V. to read as follows:


201.201-1  The two councils.

* * * * *
    (d)(i) * * *
    V. Deviations: If a recommended revision of DFARS is a FAR 
deviation, identify the deviation and include under separate TAB a 
justification for the deviation that addresses the requirements of 
201.402(2). The justification should be in the form of a memorandum for 
the Director of Defense Procurement, Office of the Under Secretary of 
Defense (Acquisition, Technology, and Logistics).
* * * * *


201.301  [Amended]

    3. Section 201.301 is amended in paragraph (b) by removing ``USD 
(A&T)'' and adding in its place ``Under Secretary of Defense 
(Acquisition, Technology, and Logistics) (USD (AT&L))''.

    4. Section 201.304 is amended as follows:
    a. In paragraph (1)(i) introductory text by removing ``Under 
Secretary of Defense (Acquisition and Technology) (USD (A&T))''; and 
adding in its place ``USD (AT&L)'';
    b. In paragraph (1)(ii) by removing the parenthetical ``(A&T)'' 
both places it appears and adding in its place ``(AT&L)'';
    c. In paragraph (2)(ii) by removing the parenthetical ``(A&T)'' and 
adding in its place ``(AT&L)''; and
    d. By revising paragraphs (3) through (5) to read as follows:


201.304  Agency control and compliance procedures.

* * * * *
    (3) Contracting activities must obtain the appropriate approval 
(see 201.404) for any class deviation (as defined in FAR subpart 1.4) 
from the FAR or DFARS, before its inclusion in a department/agency or 
component supplement or any other contracting regulation document such 
as a policy letter or clause book.
    (4) Each department and agency must develop and, upon approval by 
USD(AT&L)DP, implement, maintain, and comply with a plan for 
controlling the use of clauses other than those prescribed by FAR or 
DFARS.
    (5) Departments and agencies must submit requests for the Secretary 
of Defense, USD(AT&L), and USD(AT&L)DP approvals required by this 
section through the Director of the DAR Council.
* * * * *

    5. Section 201.402 is amended by revising paragraph (1); removing 
paragraph (2); redesignating paragraph (3) as paragraph (2); and 
revising newly designated paragraph (2) introductory text to read as 
follows:


201.402  Policy.

    (1) The Director of Defense Procurement, Office of the Under 
Secretary of Defense (Acquisition, Technology, and Logistics) 
(USD(AT&L)DP), is the approval authority within DoD for any individual 
or class deviation from--
    (i) FAR 3.104, Procurement Integrity, or DFARS 203.104, Procurement 
Integrity;
    (ii) FAR Subpart 27.4, Rights in Data and Copyrights, or DFARS 
Subpart 227.4, Rights in Data and Copyrights;
    (iii) FAR part 30, Cost Accounting Standards Administration, or 
DFARS part 230, Cost Accounting Standards Administration;
    (iv) FAR subpart 31.1, Applicability, or DFARS subpart 231.1, 
Applicability (contract cost principles);
    (v) FAR subpart 31.2, Contracts with Commercial Organizations, or 
DFARS subpart 231.2, Contracts with Commercial Organizations; or
    (vi) FAR part 32, Contract Financing (except subparts 32.7 and 32.8 
and the payment clauses prescribed by subpart 32.1), or DFARS part 232, 
Contract Financing (except subparts 232.7 and 232.8).
    (2) Submit requests for deviation approval through department/
agency channels to the approval authority in paragraph (1) of this 
section, 201.403, or 201.404, as appropriate. Submit deviations that 
require USD(AT&L)DP approval through the Director of the DAR Council. 
At a minimum, each request must--
* * * * *

    6. Sections 201.403 and 201.404 are revised to read as follows:


201.403  Individual deviations.

    (1) Individual deviations, except those described in 201.402(1) and 
paragraph (2) of this section, must be approved in accordance with the 
department/agency plan prescribed by 201.304(4).
    (2) Contracting officers outside the United States may deviate from 
prescribed nonstatutory FAR and DFARS clauses when--
    (i) Contracting for support services, supplies, or construction, 
with the governments of North Atlantic Treaty Organization (NATO) 
countries or other allies (as described in 10 U.S.C. 2341(2)), or with 
United Nations or NATO organizations; and
    (ii) Such governments or organizations will not agree to the 
standard clauses.


201.404  Class deviations.

    (b)(i) Except as provided in paragraph (b)(ii) of this section, 
USD(AT&L)DP is the approval authority within DoD for any class 
deviation.
    (ii) The senior procurement executives for the Army, Navy, and Air 
Force, and the Directors of the Defense Commissary Agency and the 
Defense Logistics Agency, may approve any class deviation, other than 
those described in 201.402(1), that does not--
    (A) Have a significant effect beyond the internal operating 
procedures of the department or agency;
    (B) Have a significant cost or administrative impact on contractors 
or offerors;
    (C) Diminish any preference given small business concerns by the 
FAR or DFARS; or
    (D) Extend to requirements imposed by statute or by regulations of 
other agencies such as the Small Business Administration and the 
Department of Labor.

PART 225--FOREIGN ACQUISITION


225.970  [Amended]

    7. Section 225.970 is amended by removing ``201.402(2)'' and adding 
in its place ``201.403(2)''.

[FR Doc. 00-2945 Filed 2-9-00; 8:45 am]
BILLING CODE 5000-04-M