[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Rules and Regulations]
[Pages 15689-15690]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7429]



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DEPARTMENT OF DEFENSE

48 CFR Part 235


Defense Federal Acquisition Regulation Supplement; Research and 
Development Streamlined Contracting Procedures--Test

agencies: Department of Defense (DoD).

action: Final rule.

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summary: The Department of Defense is amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to revise its streamlined 
research and development contracting procedures test.

effective date: March 21, 1995.

for further information contact: Mr. R.G. Layser, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    The streamlined research and development contracting procedures 
test is the result of a 1987 Defense Science Board summer group 
recommendation. The Lab Demo Contracting Subgroup of the Lab Demo 
project proposed a streamlined procedure for solicitation and a 
standard format for award of R&D contracts in support of military 
department laboratories.
    The streamlined contracting procedures consist of a solicitation 
published in the Commerce Business Daily (CBD); terms and conditions 
incorporated by reference; a supplemental package, if necessary, which 
is mailed to all interested parties who provide address information. 
The statement of work may be published in the CBD with the solicitation 
summary or may be included in a supplemental package. The use of a 
standard contract is intended to make the contracting process easier on 
industry, because offerors can expect all DoD laboratories to use the 
same contract format.
    The Department of Defense published a final rule on October 18, 
1994 (59 FR 52442) after receiving public comments on the proposed 
rule. This final rule revises the previous final rule as a result of 
changes found necessary during initial implementation of the Test.
    This final rule revises the list of contracting offices approved to 
participate in the test of 235.7002(a)(2); the data collection 
requirements 235.7003(d)(9); and the clauses and provisions included in 
the exhibit at 235.7006(d). The rule adds the clauses at 
*(I.168)252.223-7006, Prohibition on Disposal of Toxic and Hazardous 
Materials, and *(I.169)252.249.7002, Notification of Program 
Termination or Reduction; deletes *(K.24)252.226-7000, Notice of 
Historically Black College or University and Minority Institution Set 
Aside, to correct a duplication; and adds an asterisk (*) to 
(L.19)52.237-1, Site Visit, to designate that this provision is for use 
as prescribed in the FAR.
    In addition, Test Oversight Committee members may now authorize, 
for their respective agencies, on a one time only basis, the use of FAR 
and DFARS provisions and clauses or approved nonstandard provisions and 
clauses that are not in the research and development streamlined 
contracting format at 235.7006(d).

A. Regulatory Flexibility Act

    The rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
comment is not required.

B. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose any new recordkeeping, information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 235

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

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

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

[[Page 15690]]

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING


235.70  Research and development streamlined contracting procedures--
test.

    2. Section 235.7002 is amended by revising paragraph (a) (2) to 
read as follows:


235.7002  Applicability.

    (a) * * *
    (1) * * *
    (2) Navy: Naval Research Laboratory contracting office; Naval 
Surface Warface Center contracting offices when contracting for the 
Carderock, Crane, Dahlgren, Indian Head and Port Hueneme divisions; 
Naval Undersea Warfare Center contracting office.
* * * * *
    3. Section 235.7003 is amended by adding paragraph (d) (9) to read 
as follows:


235.7003  Reporting requirements.

* * * * *
    (d) * * *
    (9) At a minimum any request for modification of the research and 
development streamlined contracting format or procedures, and any 
request for one time only use of FAR and DFARS provisions and clauses 
and nonstandard provisions and clauses approved for agency use, that 
are not in the research and development streamlined contracting format 
at 235.7006 must include the information required by 201.402(3) (i) 
through (ix).


235.7004-1  [Amended]

    4. Section 235.7004-1 is amended by revising in paragraph (b) the 
reference ``235.7006(c) (A.1)'' to read ``235.7006(d) (A.1).''


235.7004-2  [Amended]

    5. Section 235.7004-2 is amended by revising in paragraph (b) the 
reference ``235.7006(c) (A.1)'' to read ``235.7006(d) (A.1).''


235.7004-3  [Amended]

    6. Section 235.7004-3 is amended by revising in paragraph (c) the 
reference ``235.7006(c)'' to read ``235.7006(d).''
    7. Section 235.7006 is amended by revising in the first sentence of 
paragraph (a) the reference ``paragraph (c)'' to read ``paragraph 
(d),'' by revising in the last sentence of paragraph (a) the reference 
``(See 235.7006(c) (A.1) (v))'' to read ``(See 235.7006(d) (A.1) 
(v));'' by redesignating paragraph (c) as paragraph (d); and by adding 
a new paragraph (c) to read as follows:


235.7006  The research and development streamlined contracting format.

* * * * *
    (c) Test Oversight Committee members may authorize for their 
respective agencies, on a one time only basis, the use of FAR and DFARS 
provisions and clauses, and nonstandard provisions and clauses approved 
for agency use, that are not in the research and development 
streamlined contracting format at 235.7006. Any other modification of 
the research and development streamlined contracting format or 
procedures requires approval of the Director of Defense Procurement. 
Each Test Oversight Committee member shall ensure that the supporting 
data is accurate and complete.
* * * * *
    8. Section 235.7006, Exhibit-Research and Development Streamlined 
Contracting Format, is amended by adding two contract clauses at the 
end of the listing at Part II, Section I; by removing and reserving 
``K.24'' in the listing at Part IV, Section K; by revising ``(L.15)'', 
``(L.18)'' and by revising ``(L.19)'' in Part IV, Section L; and by 
revising the introductory text at Part IV, Section M to read as 
follows:

Exhibit-Research and Development Streamlined Contracting Format

* * * * *

Part II--Contract Clauses

Section I, Contract Clauses

    (1) Federal Acquisition Regulation clauses.
* * * * *
    *(I.167) * * *
*(I.168)  252.223-7006  Prohibition on Disposal of Toxic and 
Hazardous Materials
*(I.169)  252.249-7002  Notification of Program Termination or 
Reduction
* * * * *

Part IV--Representations and Instructions

Section K, Representations, Certifications and Other Statements of 
Offerors or Quoters

* * * * *
*(K.24)  [Reserved]
* * * * *

Section L. Instructions, Conditions, and Notices to Offerors or Quoters

* * * * *
(L.15)  52.216-1  Type of Contract (See 235.7006(d)(B.1))
* * * * *
(L.18)  52.233-2  Service of Protest (See 235.7006(d)(A.1)(xvii))
[*](L.19)  52.237-1  Site Visit
* * * * *

Section M, Evaluation Factors for Award

    Use of the standard evaluation factors is preferred. If the 
standard evaluation factors are modified in any way, the 
modifications must be clearly expressed so that the result is 
unambiguous. Additions to and deletions from the contents of this 
Section M must be clearly annotated in the solicitation summary (see 
235.7006(d)(A.1)(vii).)
* * * * *
[FR Doc. 95-7429 Filed 3-24-95; 8:45 am]
BILLING CODE 5000-04-M