[Federal Register: November 1, 2004 (Volume 69, Number 210)]
[Rules and Regulations]               
[Page 63326-63327]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no04-6]                         

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Parts 201 and 202

[DFARS Case 2003-D090]

 
Defense Federal Acquisition Regulation Supplement; Procedures, 
Guidance, and Information

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to define a companion 
resource to the DFARS that contains mandatory and non-mandatory 
internal DoD procedures, non-mandatory guidance, and supplemental 
information. This new resource, entitled Procedures, Guidance, and 
Information, is a result of a transformation initiative undertaken by 
DoD to dramatically change the purpose and content of the DFARS.

DATES: Effective November 1, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense 
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D090.

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.

    This final rule is a result of the DFARS Transformation initiative. 
The rule establishes the framework for a new DFARS companion resource, 
Procedures, Guidance, and Information (PGI), which contains mandatory 
and non-mandatory internal DoD procedures, non-mandatory guidance, and 
supplemental information. PGI will not be published in the Code of 
Federal Regulations, but will be available electronically at http:// 

http://www. acq. osd. mil/dpap/dars/index. htm. Use of PGI will enable DoD to 

more rapidly convey internal administrative and procedural information 
to the acquisition workforce. The HTML version of the DFARS available 
at http: //http://www. acq. osd. mil/dpap/dfars/index. htm will contain 

computerized links to the corresponding PGI sections.
    DoD published a proposed rule at 69 FR 8145 on February 23, 2004. 
DoD received one comment on the proposed rule. The comment recommended 
additional policy and procedures relating to interagency acquisitions 
under the Economy Act (31 U.S.C. 1535). The comment is considered to be 
outside the scope of this case, but will be considered with other 
changes being developed for DFARS Part 217, which addresses the Economy 
Act. DoD has adopted the proposed rule as a final rule without change.
    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 certifies that this final rule will not 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 new DFARS companion resource will contain only procedures, 
guidance, and information that have no significant effect beyond the 
internal operating procedures of DoD and no significant cost or 
administrative impact on contractors or offerors.

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 Parts 201 and 202

    Government procurement.

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

0
Therefore, 48 CFR parts 201 and 202 are amended as follows:
0
1. The authority citation for 48 CFR parts 201 and 202 continues to 
read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Section 201.105-3 is revised to read as follows:


201.105-3  Copies.

    The DFARS and the DFARS Procedures, Guidance, and Information (PGI) 
are available electronically via the World Wide Web at http://www.acq.osd.mil/dpap/dars/index.htm
.


0
3. Section 201.201-70 is added to read as follows:


201.201-70  Maintenance of Procedures, Guidance, and Information.

    The DAR Council is also responsible for maintenance of the DFARS 
Procedures, Guidance, and Information (PGI).

0
4. Section 201.301 is amended by revising paragraph (a) to read as 
follows:


201.301  Policy.

    (a)(1) DoD implementation and supplementation of the FAR is issued 
in the Defense Federal Acquisition Regulation Supplement (DFARS) under 
authorization and subject to the authority, direction, and control of 
the Secretary of Defense. The DFARS contains--
    (i) Requirements of law;
    (ii) DoD-wide policies;
    (iii) Delegations of FAR authorities;
    (iv) Deviations from FAR requirements; and
    (v) 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.

[[Page 63327]]

    (2) Relevant procedures, guidance, and information that do not meet 
the criteria in paragraph (a)(1) of this section are issued in the 
DFARS Procedures, Guidance, and Information (PGI).
* * * * *

PART 202--DEFINITIONS OF WORDS AND TERMS

0
5. Section 202.101 is amended by adding, in alphabetical order, a 
definition of ``Procedures, Guidance, and Information (PGI)'' to read 
as follows:


202.101  Definitions.

* * * * *
    Procedures, Guidance, and Information (PGI) means a companion 
resource to the DFARS that--
    (1) Contains mandatory internal DoD procedures. The DFARS will 
direct compliance with mandatory procedures using imperative language 
such as ``Follow the procedures at * * *'' or similar directive 
language;
    (2) Contains non-mandatory internal DoD procedures and guidance and 
supplemental information to be used at the discretion of the 
contracting officer. The DFARS will point to non-mandatory procedures, 
guidance, and information using permissive language such as ``The 
contracting officer may use * * *'' or ``Additional information is 
available at * * *'' or other similar language;
    (3) Is numbered similarly to the DFARS, except that each PGI 
numerical designation is preceded by the letters ``PGI''; and
    (4) Is available electronically at  http://www.acq.osd.mil/dpap/dars/index.htm
.

* * * * *
[FR Doc. 04-24281 Filed 10-29-04; 8:45 am]

BILLING CODE 5001-08-P