[Federal Register Volume 70, Number 179 (Friday, September 16, 2005)]
[Proposed Rules]
[Pages 54693-54694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-18477]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    <bullet> Defense Acquisition Regulations Web Site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#630705021110230c10074d0e0a0f"><span class="__cf_email__" data-cfemail="c0a4a6a1b2b380afb3a4eeada9ac">[email protected]</span></a>. Include DFARS Case 2003-D044 in the 
subject line of the message.
    <bullet> Fax: (703) 602-0350.
    <bullet> Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Mark Gomersall, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
    <bullet> 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, DoD-wide 
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--
    <bullet> Increase the dollar thresholds for preparation of written 
acquisition plans;
    <bullet> Update acquisition planning requirements for consistency 
with changes to the DoD 5000 series publications;
    <bullet> Delete unnecessary text relating to contract 
administration and class justifications for other than full and open 
competition;
    <bullet> Clarify requirements for funding of leases; and
    <bullet> 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 one-time 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

[[Page 54694]]

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 non-
concurrence, 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


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