DFARS Change Notice 19990525

[Federal Register: May 25, 1999 (Volume 64, Number 100)]

[Rules and Regulations]

[DFARS Case 99-D003]

Defense Federal Acquisition Regulation Supplement; Work Stoppage

Report

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to eliminate the requirement for use of a specific form to report work stoppages resulting from labor disputes. The form is unnecessary, as the DFARS provides guidance for preparation of a narrative report on

this subject.

EFFECTIVE DATE: May 25, 1999.

FOR FURTHER INFORMATION CONTACT:

Ms. Amy Williams, Defense Acquisition Regulations Council, PDUSD(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 99-D003.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule eliminates the requirement for use of DD Form 1507, Work Stoppage Report, to report labor disputes that could interfere with contract performance. The form is unnecessary in view of the narrative reporting requirement at DFARS 222.101-3-70.

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 final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577 and publication for public comment is not required. However, comments from small entities concerning the affected DFARS subparts will be considered in accordance

with 5 U.S.C. 610. Such comments should cite DFARS Case 99-D003.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final 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 222 and 253

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

Therefore, 48 CFR Parts 222 and 253 are amended as follows:

DD Form 1507, Work Stoppage Report

DFARS Case 99-D003

Final Rule

PART 222-APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

* * * * *

SUBPART 222.1--BASIC LABOR POLICIES

* * * * *

222.101-3 Reporting labor disputes.

The contract administration office shall-

222.101-3-70 Impact of labor disputes on defense programs.

* * * * *

* * * * *

PART 253-FORMS

TABLE OF CONTENTS

* * * * *

SUBPART 253.3--ILLUSTRATION OF FORMS

* * * * *

253.303-1507 DD Form 1507, Work Stoppage Report.

* * * * *

[Federal Register: May 25, 1999 (Volume 64, Number 100)]

DEPARTMENT OF DEFENSE

48 CFR Parts 232 and 237

[DFARS Case 99-D008]

Defense Federal Acquisition Regulation Supplement; Contracts Crossing Fiscal Years

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

SUMMARY: The Director of Defense Procurement has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to permit contracting officers to enter into contracts for the procurement of severable services that cross fiscal years. The Federal Acquisition Regulation (FAR) authorizes the heads of executive agencies to enter into such contracts. This DFARS rule delegates the authority to DoD contracting officers.

EFFECTIVE DATE: May 25, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Sandra G. Haberlin, Defense Acquisition Regulations Council, PDUSD (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 99-D008.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule adds guidance at DFARS 232.703-3 and 237.106 to supplement the FAR rule that was published as Item VIII of Federal Acquisition Circular 97-09 on October 30, 1998 (63 FR 58600). The FAR rule implemented Section 801 of the National Defense Authorization Act

for Fiscal Year 1998 (Public Law 105-85). Section 801 amended 10 U.S.C. 2410a to provide authority to enter into contracts for the procurement of severable services that cross fiscal years. The FAR rule permits the head of an executive agency to enter into such contracts. ThisDFARS rule delegates the authority to DoD contracting officers.

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 final rule does not constitute a significant revision within the meaning of FAR 1.501 and Public Law 98-577 and publication for public comment is not required. However, comments from small entities

concerning the affected DFARS subparts will be considered in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 99-D008.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the final 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 232 and 237

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

Therefore, 48 CFR Parts 232 and 237 are amended as follows:

Contracts Crossing Fiscal Years

DFARS Case 99-D008

Final Rule

PART 232-CONTRACT FINANCING

* * * * *

232.703 Contract funding requirements.

* * * * *

[232.703-3 Contracts crossing fiscal years.

(b) The contracting officer may enter into a contract, exercise an option, or place an order under a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed 1 year

(10 U.S.C. 2410a).]

* * * * *

237.106 Funding and term of service contracts.

[(1)] Personal service contracts for expert or consultant services shall not exceed 1 year. The nature of the

duties must be-

([i]1) Temporary (not more than 1 year); or

([ii]2) Intermittent (not cumulatively more than 130 days in 1 year).

[(2) The contracting officer may enter into a contract, exercise an option, or place an order under a contract for severable services for a period that begins in one fiscal year and ends in the next fiscal year if the period of the contract awarded, option exercised, or order placed does not exceed 1 year (10 U.S.C. 2410a).]

* * * * *