[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2407-2408]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15ja09-26]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 203
RIN 0750-AG21
Defense Federal Acquisition Regulation Supplement; Separation of
Senior Roles in Source Selection (DFARS Case 2008-D037)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address requirements for
the separation of functions in source selection. The rule requires the
military departments and defense agencies to certify every two years
that no senior leader has performed multiple roles in the acquisition
of a major weapon system or major service.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile
703-602-7887. Please cite DFARS Case 2008-D037.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS 203.170(a) prohibits DoD senior leaders from performing
multiple roles in major source selections. To reinforce this policy,
this final rule adds a requirement for DoD departments and agencies to
certify every two years that no senior leader has performed multiple
roles in the acquisition of a major weapon system or major service.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under
[[Page 2408]]
41 U.S.C. 418b is not required. However, DoD will consider comments
from small entities concerning the affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 2008-D037.
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 203
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR part 203 is amended as follows:
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
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1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 203.170 is amended by revising paragraph (a) to read as
follows:
203.170 Business practices.
* * * * *
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
Departments and agencies shall certify every 2 years that no senior
leader has performed multiple roles in the acquisition of a major
weapon system or major service. Completed certifications shall be
forwarded to the Director, Defense Procurement, in accordance with the
procedures at PGI 203.170.
* * * * *
[FR Doc. E9-666 Filed 1-14-09; 8:45 am]
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