Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 54693 

30 days after final regulations are 

published in the Federal Register. 

Mark E. Matthews, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 05–18470 Filed 9–15–05; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 207 

[DFARS Case 2003–D044] 

Defense Federal Acquisition 

Regulation Supplement; Acquisition 

Planning 

AGENCY: Department of Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update text on acquisition planning. 

This proposed rule is a result of a 

transformation initiative undertaken by 

DoD to dramatically change the purpose 

and content of the DFARS. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

November 15, 2005, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D044, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D044 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations Council, Attn: Mr. Mark 

Gomersall, OUSD(AT&L)DPAP(DAR), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/ 

dfars.nsf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, (703) 602–0302. 

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/dars/ 

dfars/transformation/index.htm. 

This proposed rule is a result of the 

DFARS Transformation initiative. The 

proposed DFARS changes—

• Increase the dollar thresholds for 

preparation of written acquisition plans; 

• Update acquisition planning 

requirements for consistency with 

changes to the DoD 5000 series 

publications; 

• Delete unnecessary text relating to 

contract administration and class 

justifications for other than full and 

open competition; 

• Clarify requirements for funding of 

leases; and 

• Delete text addressing the contents 

of written acquisition plans. Text on 

this subject will be relocated to the new 

DFARS companion resource, 

Procedures, Guidance, and Information 

(PGI). Additional information on PGI is 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. 

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 the rule addresses internal DoD 

requirements for acquisition planning. 

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 2003–D044. 

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 207 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR Part 207 as follows: 

1. The authority citation for 48 CFR 

Part 207 continues to read as follows: 

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

Chapter 1. 

PART 207—ACQUISITION PLANNING 

207.102 [Removed] 

2. Section 207.102 is removed. 

3. Section 207.103 is revised to read 

as follows: 

207.103 Agency-head responsibilities. 

(d)(i) Prepare written acquisition 

plans for—

(A) Acquisitions for development, as 

defined in FAR 35.001, when the total 

cost of all contracts for the acquisition 

program is estimated at $10 million or 

more; 

(B) Acquisitions for production or 

services when the total cost of all 

contracts for the acquisition program is 

estimated at $50 million or more for all 

years or $25 million or more for any 

fiscal year; and 

(C) Any other acquisition considered 

appropriate by the department or 

agency. 

(ii) Written plans are not required in 

acquisitions for a final buy out or onetime buy. The terms ‘‘final buy out’’ and 

‘‘one-time buy’’ refer to a single contract 

that covers all known present and future 

requirements. This exception does not 

apply to a multiyear contract or a 

contract with options or phases. 

(e) Prepare written acquisition plans 

for acquisition programs meeting the 

thresholds of paragraphs (d)(i)(A) and 

(B) of this section on a program basis. 

Other acquisition plans may be written 

on either a program or an individual 

contract basis. 

(g) The program manager, or other 

official responsible for the program, has 

overall responsibility for acquisition 

planning. 

(h) For procurement of conventional 

ammunition, as defined in DoDD 

5160.65, the Single Manager for 

Conventional Ammunition (SMCA) will 

review the acquisition plan to determine 

if it is consistent with retaining national 

technology and industrial base 

capabilities in accordance with 10 

U.S.C. 2304(c)(3) and section 806 of 

54694 Federal Register / Vol. 70, No. 179 / Friday, September 16, 2005 / Proposed Rules 

Public Law 105–261. The department or 

agency—

(i) Shall submit the acquisition plan 

to the address in PGI 207.103(h); and 

(ii) Shall not proceed with the 

procurement until the SMCA provides 

written concurrence with the 

acquisition plan. In the case of a nonconcurrence, the SCMA will resolve 

issues with the Army Office of the 

Executive Director for Conventional 

Ammunition. 

207.104 [Removed] 

4. Section 207.104 is removed. 

5. Section 207.105 is revised to read 

as follows: 

207.105 Contents of written acquisition 

plans. 

In addition to the requirements of 

FAR 7.105, planners shall follow the 

procedures at PGI 207.105. 

6. Section 207.471 is amended by 

revising paragraphs (b) and (c) to read 

as follows: 

207.471 Funding requirements. 

* * * * * 

(b) DoD leases are either capital leases 

or operating leases. See FMR 7000.14–

R, Volume 4, Chapter 7, Section 070207. 

(c) Capital leases are essentially 

installment purchases of property. Use 

procurement funds for capital leases, as 

these are essentially installment 

purchases of property. 

[FR Doc. 05–18477 Filed 9–15–05; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

48 CFR Part 216 

[DFARS Case 2003–D078] 

Defense Federal Acquisition 

Regulation Supplement; Types of 

Contracts 

AGENCY: Department of Defense (DoD). 

ACTION: Proposed rule with request for 

comments. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update text on the selection and use of 

contract types. This proposed rule is a 

result of a transformation initiative 

undertaken by DoD to dramatically 

change the purpose and content of the 

DFARS. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

November 15, 2005, to be considered in 

the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2003–D078, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ Defense Acquisition Regulations 

Web Site: http://emissary.acq.osd.mil/ 

dar/dfars.nsf/pubcomm. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2003–D078 in the subject 

line of the message. 

Æ Fax: (703) 602–0350. 

Æ Mail: Defense Acquisition 

Regulations Council, Attn: Ms. Robin 

Schulze, OUSD(AT&L)DPAP(DAR), IMD 

3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

Æ Hand Delivery/Courier: Defense 

Acquisition Regulations Council, 

Crystal Square 4, Suite 200A, 241 18th 

Street, Arlington, VA 22202–3402. 

All comments received will be posted 

to http://emissary.acq.osd.mil/dar/ 

dfars.nsf. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Robin Schulze, (703) 602–0326. 

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/dars/ 

dfars/transformation/index.htm. 

This proposed rule is a result of the 

DFARS Transformation initiative. The 

proposed DFARS changes—

Æ Streamline text on the use of 

economic price adjustment clauses; 

Æ Increase, from 3 to 5 years, the 

standard maximum ordering period 

under basic ordering agreements; 

Æ Delete obsolete text on the use of 

cost-plus-fixed-fee contracts for 

environmental restoration; 

Æ Delete unnecessary text on design 

stability and use of incentive provisions; 

and 

Æ Delete procedures for selecting 

contract type and for use of special 

economic price adjustment clauses, 

incentive contracts, and basic ordering 

agreements. Text on these subjects will 

be relocated to the new DFARS 

companion resource, Procedures, 

Guidance, and Information (PGI). 

Additional information on PGI is 

available at http://www.acq.osd.mil/ 

dpap/dars/pgi. 

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 the rule updates and 

streamlines DFARS text on the use of 

various contract types, but makes no 

significant change to DoD contracting 

policy. 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 

2003–D078. 

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 216 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR part 216 as follows: 

1. The authority citation for 48 CFR 

part 216 continues to read as follows: 

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

Chapter 1. 

PART 216—TYPES OF CONTRACTS 

216.104 [Removed] 

2. Section 216.104 is removed. 

3. Section 216.104–70 is revised to 

read as follows: 

216.104–70 Research and development. 

Follow the procedures at PGI 

216.104–70 for selecting the appropriate 

research and development contract type. 

4. Section 216.203–4 is revised to read 

as follows: