[Federal Register Volume 70, Number 24 (Monday, February 7, 2005)]
[Proposed Rules]
[Pages 6393-6394]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2173]


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DEPARTMENT OF DEFENSE

48 CFR Part 250

[DFARS Case 2003-D048]


Defense Federal Acquisition Regulation Supplement; Extraordinary 
Contractual Actions

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 pertaining to processing 
of requests for extraordinary contract adjustments. 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 April 8, 2005, to be considered in 
the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2003-D048, 
using any of the following methods:
    [ctrcir] Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
    [ctrcir] Defense Acquisition Regulations Web site: http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
    [ctrcir] E-mail: <a href="/cdn-cgi/l/email-protection#93f7f5f2e1e0d3fce0f7bdfefaff"><span class="__cf_email__" data-cfemail="94f0f2f5e6e7d4fbe7f0baf9fdf8">[email protected]</span></a>. Include DFARS Case 2003-D048 in the 
subject line of the message.
    [ctrcir] Fax: (703) 602-0350.
    [ctrcir] Mail: Defense Acquisition Regulations Council, Attn: Mr. 
Euclides Barrera, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
    [ctrcir] 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. Euclides Barrera, (703) 602-0296.

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/dfars/transf.htm.

[[Page 6394]]

    This proposed rule is a result of the DFARS Transformation 
initiative. The proposed DFARS changes--
    [ctrcir] Update requirements for DoD processing of requests for 
extraordinary contract adjustments; and
    [ctrcir] Delete procedures for preparation of records and submittal 
of requests to a contract adjustment board. Text on this subject will 
be relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI), 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 administrative DoD procedures for processing 
requests for extraordinary contract adjustments. 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-D048.

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 250

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR Part 250 as follows:
    1. The authority citation for 48 CFR Part 250 continues to read as 
follows:

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

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS

    2. Section 250.105 is revised to read as follows:


250.105  Records.

    Follow the procedures at PGI 250.105 for preparation of records.
    3. Section 250.201-70 is amended by revising paragraph (a) and the 
last sentence of paragraph (b) introductory text to read as follows:


250.201-70  Delegations.

    (a) Military Departments. The Departments of the Army, Navy and Air 
Force will specify delegations and levels of authority for actions 
under the Act and the Executive Order in departmental supplements or 
agency acquisition guidance.
    (b) * * * The agency supplements or agency acquisition guidance 
shall specify the delegations and levels of authority.
* * * * *
    4. Subpart 250.3 is revised to read as follows:

Subpart 250.3--Contract Adjustments

Sec.
250.303-1 Contractor requests.
250.305 Processing cases.
250.306 Disposition.


250.303-1  Contractor requests.

    Requests should be filed with the procuring contracting officer 
(PCO). However, if filing with the PCO is impractical, requests may be 
filed with an authorized representative, an administrative contracting 
officer, or the Office of General Counsel of the applicable department 
or agency, for forwarding to the cognizant PCO.


250.305  Processing cases.

    (1) At the time the request is filed, the activity shall prepare 
the record described at PGI 250.105(1)(i) and forward it to the 
appropriate official within 30 days after the close of the month in 
which the record is prepared.
    (2) The officer or official responsible for the case shall forward 
to the contract adjustment board, through departmental channels, the 
documentation described at PGI 250.305.
    (3) Contract adjustment boards will render decisions as 
expeditiously as practicable. The Chair shall sign a memorandum of 
decision disposing of the case. The decision shall be dated and shall 
contain the information required by FAR 50.306. The memorandum of 
decision shall not contain any information classified ``Confidential'' 
or higher. The board's decision will be sent to the appropriate 
official for implementation.


250.306  Disposition.

    For requests denied or approved below the Secretarial level, follow 
the disposition procedures at PGI 250.306.

[FR Doc. 05-2173 Filed 2-4-05; 8:45 am]
BILLING CODE 5001-08-P


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