Acquisition regulations: 119),

[Federal Register: November 9, 1999 (Volume 64, Number 216)]

[Proposed Rules]

[Page 61056-61057]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr09no99-22]

DEPARTMENT OF DEFENSE

48 CFR Part 211

[DFARS Case 99-D024]

Defense Federal Acquisition Regulation Supplement; OMB Circular A-119

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

SUMMARY: The Director of Defense Procurement is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address use of a Federal Acquisition Regulation (FAR) provision that invites offerors to propose alternatives to Government-unique standards. This DFARS rule instructs DoD contracting officers not to use the FAR provision, since DoD uses the Single Process Initiative to encourage offerors to propose alternatives to Government-unique specifications and standards.

DATES: Comments on the proposed rule should be submitted in writing to the address specified below on or before January 10, 2000 to be considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments on the proposed rule to: Defense Acquisition Regulations Council, Attn: Ms. Melissa Rider, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telefax (703) 602-0350. Please cite DFARS Case 99-D024.

E-mail comments submitted via the Internet should be addressed to: dfars@acq.osd.mil

Please cite DFARS Case 99-D024 in all correspondence related to this proposed rule. E-mail correspondence should cite DFARS Case 99- D024 in the subject line.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, (703) 602-4245. Please cite DFARS Case 99-D024.

SUPPLEMENTARY INFORMATION:

1. Background

   This proposed DFARS rule supplements the final FAR rule that was published at 64 FR 51834 on September 24, 1999 (Federal Acquisition Circular 97-14, Item V) to implement Office of Management and Budget Circular A-119, Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities. The FAR rule added a provision at FAR 52.211-7 to permit offerors to propose voluntary consensus standards as alternatives to

   [[Page 61057]]

   Government-unique standards included in a solicitation. In accordance with the prescription at FAR 11.107(b), use of the provision is optional for agencies that use the categorical method of reporting their use of voluntary consensus standards to the National Institute of Standards and Technology. DoD uses the categorical method of reporting. In addition, DoD uses the Single Process Initiative procedures at DFARS 211.273 and 252.211-7005 to encourage offerors to propose industry standards as alternatives to Government-unique specifications and standards. Therefore, this DFARS rule specifies that the provision at FAR 52.211-7 will not be used in DoD solicitations.

2. Regulatory Flexibility Act

   The proposed rule is not expected 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 FAR already permits optional use of the provision at FAR 52.211-7, and DoD already has implemented procedures for encouraging offerors to propose alternatives to Government-unique specifications and standards through the Single Process Initiative. Therefore, an initial regulatory flexibility analysis has not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected DFARS subpart also will be considered in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 99-D024 in correspondence.

3. 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 211

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

   Therefore, 48 CFR part 211 is proposed to be amended as follows:

   1. The authority citation for 48 CFR part 211 continues to read as follows:

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

      PART 211--DESCRIBING AGENCY NEEDS

   2. Subpart 211.1 is added to read as follows:

      Subpart 211.1--Selecting and Developing Requirements Documents

      Sec. 211.107 Solicitation provision.

      211.107 Solicitation provision.

      (b) DoD uses the categorical method of reporting. Do not use the provision at FAR 52.211-7, Alternatives to Government-Unique Standards, in DoD solicitations.

      [FR Doc. 99-29039Filed11-8-99; 8:45 am]

      BILLING CODE 5000-04-M