[Federal Register Volume 63, Number 122 (Thursday, June 25, 1998)]
[Rules and Regulations]
[Pages 34605-34606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16935]


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DEPARTMENT OF DEFENSE

48 CFR Part 235

[DFARS Case 97-D002]


Defense Federal Acquisition Regulation Supplement; Streamlined 
Research and Development Contracting

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Director of Defense Procurement has issued an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement streamlined solicitation and contracting procedures for 
research and development acquisitions. The streamlined procedures are 
expected to reduce the time and cost required to obtain proposals and 
award research and development contracts.

DATES: Effective date: June 25, 1998.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before August 24, 1998, to be 
considered in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Michael Pelkey, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax number (703) 602-0350.
    E-mail comments submitted over the Internet should be addressed to: 
<a href="/cdn-cgi/l/email-protection#117577706362517072603f7e62753f7c787d"><span class="__cf_email__" data-cfemail="e28684839091a2838193cc8d9186cc8f8b8e">[email protected]</span></a>.
    Please cite DFARS Case 97-D002 in all correspondence related to 
this issue. E-mail comments should cite DFARS Case 97-D002 in the 
subject line.

FOR FURTHER INFORMATION CONTACT:
Michael Pelkey, (703) 602-0131.

SUPPLEMENTARY INFORMATION: 

A. Background

    In October 1994, the Director of Defense Procurement authorized a 
test of certain streamlined solicitation and contracting procedures for 
research and development acquisitions at certain DoD laboratories. The 
test results demonstrated the benefits of standardizing the format of 
solicitations and contracts issued by various contracting activities, 
and of using the standard format to streamline the solicitation and 
contracting process. However, to facilitate maintenance of an accurate 
and timely standard format, to move towards a paperless solicitation 
and contracting process, and to leverage available information 
technology, the standard format has been moved from the DFARS to a 
World Wide Web site. Similarly, solicitations issued using these 
procedures will be published exclusively on the World Wide Web. This 
final rule supersedes the interim rule published under DFARS Case 96-
D028 on April 4, 1997 (62 FR 16099).

B. Regulatory Flexibility Act

    The interim rule is not expected 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 the rule 
merely provides an implementation of electronic contracting procedures 
already authorized by the Federal Acquisition Regulation. An initial 
regulatory flexibility analysis has, therefore, not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subpart also will be considered in accordance with 5 U.S.C. 610. Such 
comments should be submitted separately and should cite DFARS Case 97-
D002 in correspondence.

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.

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 this 
interim rule prior to affording the public an opportunity to comment. 
This interim rule provides streamlined procedures, and a standard 
solicitation and contract format, for acquisition of research and 
development. Streamlined procedures and use of the World Wide Web will 
substantially reduce the time and cost required to obtain proposals and 
award research and development contracts. Any delay in implementing 
these procedures will result in the loss of potential savings, thus 
reducing the Department's buying power. Implementation of these 
procedures will also help the Department achieve its paperless 
contracting goal by the year 2000. Comments received in response to the 
publication of this interim rule will be considered in formulating the 
final rule.

List of Subjects in 48 CFR Part 235

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

    .Therefore, 48 CFR Part 235 is amended as follows:
    1. The authority citation for 48 CFR Part 235 continues to read as 
follows:

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

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

    2. Subpart 235.70 is revised to read as follows:

Subpart 235.70--Research and Development Streamlined Contracting 
Procedures

Sec.
235.7000  Scope.
235.7001  Definitions.
235.7002  Applicability.
235.7003  Research and development streamlined solicitation and 
contract.
235.7003-1  General.
235.7003-2  RDSS process.
235.7003-3  Proposal evaluation and contract award.
235.7003-4  Additional provisions and clauses.


235.7000  Scope.

    This subpart prescribes streamlined procedures for acquiring 
research and development, using a standard solicitation and contract 
format and the capabilities of the World Wide Web.


235.7001  Definitions.

    As used in this subpart--
    (a) Research and development streamlined contract (RDSC) means--
    (1) A contract that results from use of the research and 
development streamline solicitation; or
    (2) Any other contract prepared in the standard format published at 
the RDSS/C website.
    (b) Research and development streamlined solicitation (RDSS) means 
a solicitation issued in accordance with 235.7003.
    (c) RDSS/C website means the site on the World Wide Web at ``http:/
/www.rdss.osd.mil/'' where research and development streamlined 
solicitation and contracting information is published.


[[Page 34606]]




235.7002

  Applicability.

    (a) Except as provided in paragraph (b) of this section, consider 
using the procedures in this subpart for acquisitions that--

    (1) Will result in the award of a cost-reimbursement contract; and

    (2) Meet the criteria for research and development as defined in 
235.001 and FAR 35.001.

    (b) Do not use the procedures in this subpart for--

    (1) Contracts to be performed outside the United States and Puerto 
Rico;

    (2) Contracts denominated in other than U.S. dollars;

    (3) Acquisitions using simplified acquisition procedures;

    (4) Acquisition of engineering and manufacturing development, 
management support, or operational system development, as defined in 
235.001; or

    (5) Acquisition of laboratory supplies and equipment, base support 
services, or other services identified in paragraphs (a) through (h) of 
the definition of ``service contract'' at FAR 37.101.

    (c) Regardless of whether the RDSS is used, the RDSC may be used 
for any acquisition that meets the criteria in paragraph (a) of this 
section.

235.7003

  Research and development streamlined solicitation and contract.

235.7003-1

  General.

    The procedures and standard format are published at the RDSS/C 
website. The RDSS/C Managing Committee is responsible for updating the 
website.

235.7003-2

  RDSS process.

    (a) Synopisis. The Commerce Business Daily synopsis required by FAR 
5.203 shall include--

    (1) The information required by FAR 5.207; and

    (2) Statements that--

    (i) A paper solicitation will not be issued; and

    (ii) The solicitation will be published at the RDSS/C website.

    (b) Solicitation. (1) The solicitation--

    (i) Shall be published in its entirety at the RDSS/C website;

    (ii) Shall include the applicable version number of the RDSS 
standard format; and

    (iii) Shall incorporate by reference the appropriate terms and 
conditions of the RDSS standard format.

    (2) To encourage preparation of better cost proposals, consider 
allowing a delay between the due dates for technical and cost 
proposals.

    (c) Amendments. Amendments shall be published at the RDSS/C 
website.

235.7003-3

  Proposal evaluation and contract award.

    (a) Evaluate proposals in accordance with the evaluation factors 
set forth in the RDSS.

    (b) RDSC. (1) The RDSC shall include--

    (i) Standard Form (SF) 33, Solicitation, Offer and Award, or SF 26, 
Award/Contract; and

    (ii) Sections B through J of the RDSS or other solicitation, with 
applicable fill-in information inserted.

    (2) When an RDSC is awarded to an educational or nonprofit 
institution--

    (i) Remove provisions and clauses that do not apply to educational 
or nonprofit institutions; and

    (ii) As necessary, insert appropriate replacement provisions and 
clauses.

235.7003-4

  Additional provisions and clauses.

    Use of FAR and DFRAS provisions and clauses, and nonstandard 
provisions and clauses approved for agency use, that are not in the 
RDSS/C standard format, shall be approved in accordance with agency 
procedures.


[FR Doc. 98-16935 Filed 6-24-98; 8:45 am]

BILLING CODE 5000-04-M


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