[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Rules and Regulations]
[Page 10285]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6000]
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DEPARTMENT OF DEFENSE
48 CFR Part 206
Defense Federal Acquisition Regulation Supplement; Justification
and Approval Thresholds
AGENCY: 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 procedures
pertaining to approval for the use of other than full and open
competition in the acquisition process.
EFFECTIVE DATE: April 12, 1996.
FOR FURTHER INFORMATION CONTACT: Rick Layser, OUSD (A&T) DP (DAR), IMD
3D139, 3062 Defense Pentagon, Washington DC 20301-3062, Telephone (703)
602-0131. Telefax (703) 602-0350. Please cite DFARS Case 96-D307.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4102 of the FY 1996 Defense Authorization Act (Public Law
104-106) amends 10 U.S.C. 2304(f)(1)(B) and 41 U.S.C. 253(f)(1)(B) to
raise the dollar thresholds at which approval for the use of other than
full and open competition must be obtained from the competition
advocate, the head of the procuring activity, or the senior procurement
executive. Section 4102 provides for approval of the justification for
other than full and open competition by (1) the competition advocate,
for proposed contracts over $500,000 but not exceeding $10,000,000; (2)
the head of the procuring activity, or designee, for proposed contracts
over $10,000,000 but not exceeding $50,000,000; and (3) the senior
procurement executive, for proposed contracts over $50,000,000. The
Director of Defense Procurement has authorized a class deviation from
section 6.304 of the Federal Acquisition Regulation to reflect the
revised approval thresholds. This corresponding DFARS rule revises
procedures for approval of justifications for proposed contracts over
$50,000,000.
B. 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. Therefore, the Regulatory Flexibility Act does
not apply. However, comments from small entities concerning the
affected DFARS Subpart will be considered in accordance with 5 U.S.C.
610. Such comments should cite DFARS Case 96-D307 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose any new recordkeeping, information collection
requirements, or collections 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 206
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 206 is amended as follows:
PART 206--COMPETITION REQUIREMENTS
1. The authority citation for 48 CFR Part 206 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 206.304 is revised to read as follows:
206.304 Approval of the justification.
(a)(4) The Under Secretary of Defense (Acquisition & Technology)
may delegate this authority to--
(A) An Assistant Secretary of Defense; or
(B) For a defense agency, an officer or employee serving in,
assigned, or detailed to that agency who--
(1) If a member of the armed forces, is serving in a rank above
brigadier general or rear admiral (lower half); or
(2) If a civilian, is serving in a position with a grade under the
General Schedule (or any other schedule for civilian officers or
employees) that is comparable to or higher than rear admiral.
[FR Doc. 96-6000 Filed 3-12-96; 8:45 am]
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