27636 - General Services Administration
27636 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
the Administrator of this final rule does Reporting and recordkeeping PART 52—[AMENDED]
not affect the finality of this rule for the requirements, Volatile organic
purposes of judicial review nor does it compounds. 1. The authority citation for part 52
extend the time within which a petition continues to read as follows:
for judicial review may be filed, and 40 CFR Part 81 Authority: 42 U.S.C. 7401 et seq.
shall not postpone the effectiveness of Environmental protection, Air
such rule or action. This action may not Subpart B—Alabama
be challenged later in proceedings to pollution control, National parks,
enforce its requirements. (See section Wilderness areas. 2. Section 52.50(e) is amended by
307(b)(2).) Dated: May 3, 2006. adding a new entry at the end of the table for ‘‘8-Hour Ozone Maintenance
List of Subjects A. Stanley Meiburg, plan for the Birmingham area’’ to read
Acting Regional Administrator, Region 4.
40 CFR Part 52 as follows:
Environmental protection, Air 40 CFR part 52 and 81 is amended as § 52.50 Identification of plan
pollution control, Intergovernmental follows: * * * * *
relations, Nitrogen dioxide, Ozone, (e) * * *
EPA-APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of nonregulatory Applicable geographic or State submittal EPA
SIP provision nonattainment area date/effective approval Explanation
date date
* * * * * * *
8-Hour Ozone Maintenance plan Jefferson County and Shelby 01/26/06 05/12/06 [Insert citation of publi-
for the Birmingham area. County. cation].
PART 81—[AMENDED] Authority: 42 U.S.C. 7401 et seq. ‘‘Birmingham, Alabama: Jefferson and
Shelby County’’ to read as follows:
1. The authority citation for part 81 2. In § 81.301, the table entitled
continues to read as follows: ‘‘Alabama-Ozone (8–Hour Standard)’’ is § 81.301 Alabama.
amended by revising the entry for * * * * *
ALABAMA-OZONE (8-HOUR STANDARD)
Designation a Category/classification
Designated area
Date 1 Type Date 1 Type
Birmingham, AL:
Jefferson County ...................................................................................... 06/12/06 Attainment
Shelby County .......................................................................................... 06/12/06 Attainment
* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is June 15, 2004, unless otherwise noted.
[FR Doc. 06–4435 Filed 5–11–06; 8:45 am] ACTION: Interim rule with request for still need to have a certification of need
BILLING CODE 6560–50–P comments. signed by the agency head or designee before authorizing limited identification
SUMMARY: The General Services exceptions.
Administration (GSA) is amending the This interim rule provides
GENERAL SERVICES Federal Management Regulation (FMR) information for obtaining U.S.
ADMINISTRATION by updating requirements and Government license plates from
41 CFR Part 102–34 information on motor vehicle UNICOR, Federal Prison Industries Inc.,
management. This interim rule makes the current license plate supplier. This
changes to vehicle identification interim rule further updates Federal
[FMR Amendment 2006–03; FMR Case
2006–102–1] requirements. Specifically, it allows motor vehicle management regulations
agencies to have limited identification by replacing the requirement for
exemptions for motor vehicles that are agencies to provide certain motor
RIN 3090–AH68 regularly used for common vehicle information to GSA on the
Federal Management Regulation; administrative purposes. Some agencies Standard Form 82 with the requirement
Motor Vehicle Management have expressed a need to exempt even to use the Federal Automotive
their administrative vehicles from Statistical Tool (FAST), an Internet-
AGENCY: Office of Governmentwide displaying Government identification based reporting tool.
Policy, General Services Administration for situations with specifically This interim rule also requires
(GSA). identified security risks. Agencies will agencies to have an agency-wide fleet
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations 27637
management information system that A. Background vehicle fleet: vehicle cost, fuel costs,
will link all fleet data throughout the Part 102–34 of the Federal projected vehicle inventories and
agency and interface with the Federal Management Regulation (FMR) (41 CFR vehicle disposals; and then use that
Automotive Statistical Tool (FAST). part 102–34) is being amended to information to better manage their
This new FMR requirement implements update the regulation in the following fleets. Secondly, agencies can more
40 U.S.C. 17503 that gives the areas: The Fleet Average Economy easily provide that information to the
Administrator with others, the authority Standards for FY 2000 and beyond; the Internet-based reporting system called
to prescribe data collection preferred location for displaying motor FAST (Federal Automotive Statistical
requirements for data on the costs and vehicle identification; the source for Tool) in lieu of the paper SF 82. The
uses of motor vehicles by executive obtaining official U.S. Government data reported to FAST will be used by
agencies. Furthermore, the requirement license plates; and the process for GSA, the Department of Energy, and the
for an agency-wide management receiving exemptions from the Office of Management and Budget to
information system was a keystone requirement to display U.S. Government monitor Federal fleets and identify
report recommendation for improving license plates and other motor vehicle those agency motor vehicle management
agency fleet management made by the identification. programs that are effective as well as
Federal Fleet Policy Council’s Also, Federal agencies located in the identify those programs that need to
interagency team of fleet professionals District of Columbia (DC) should now improve.
following their review of agencies’ fleet use Federal license plates provided by In addition, some sections of this
management programs in 2002. The UNICOR for all their vehicles, even regulation were rewritten for clarity.
FMR and any corresponding documents those vehicles operating in DC. The Editorial changes were made to the
may be accessed at GSA’s Web site at requirement for Government vehicles entire regulation to remove outdated
. operating in DC to obtain U.S. information in tables and to make the
DATES: Effective Date: This interim rule Government license plates from the DC regulation consistent with current
is effective May 25, 2006. Department of Motor Vehicles is practices. For example, in subpart F
Comment Date: Comments must be removed by this interim rule. This ‘‘crash’’ replaces ‘‘accident’’ when
received on or before June 12, 2006. change standardizes the license plate referring to motor vehicle collisions to
ADDRESSES: Submit comments ordering process and allows Federal be consistent with the National
identified by FMR case 2006–102–1 by agencies in DC to use the same type of Highway and Safety Administration, the
any of the following methods: license plates as Federal agencies use in lead Federal agency for the assurance of
? Federal eRulemaking Portal: http:// the rest of the country. The list of safe, secure, and efficient automotive
. Follow the approved U.S. Government license plate travel.
instructions for submitting comments. codes has been removed from section B. Executive Order 12866
? Agency Web Site: http:// 102–34.160 and placed in GSA Bulletin
FMR B–11. Also, the list of agencies
fmr. Click on FMR Interim having unlimited exemptions from The General Services Administration
Rules, and the FMR case number to displaying U.S. Government license (GSA) has determined that this interim
submit comments. plate and motor vehicle identification rule is not a significant regulatory action
? E-mail: fmrcase.2006–102– has been removed from section 102– for the purposes of Executive Order
12866 of September 30, 1993.
1@. Include FMR case 2006– 34.195 and placed in GSA Bulletin FMR
102–1 in the subject line of the message. B–12. (FMR bulletins are located at C. Regulatory Flexibility Act
? Fax: 202–501–4067. bulletin.)
? Mail: General Services Subpart I of 41 CFR part 102–34 is A Regulatory Flexibility Analysis is
Administration, Regulatory Secretariat being revised to require agencies to have not required under the Regulatory
(VIR), 1800 F Street, NW., Room 4035, a vehicle management information Flexibility Act, 5 U.S.C. 601, et seq.,
ATTN: Laurieann Duarte, Washington, system (VMIS) in accordance with 40 because there is no requirement that this
DC 20405. U.S.C. 17503. In April 2002, the Office interim rule be published in the Federal
Register for notice and comment.
Instructions: Please submit comments of Management and Budget (OMB)
only and cite FMR case 2006–102–1 in requested all Executive Branch agencies D. Paperwork Reduction Act
all correspondence related to this case. to take a closer look at their fleet
All comments received will be posted management operations, particularly the The Paperwork Reduction Act does
without change to size of their fleets and costs of not apply because this interim rule does
fmr, including any personal information operations. Many agencies were unable not contain any information collection
provided. Click on FMR Public to accurately evaluate their fleet requirements that require the approval
Comments. operations because of a lack of data on of the OMB under 44 U.S.C. 3501, et
vehicle inventory and operational costs. seq.
FOR FURTHER INFORMATION CONTACT: The Agencies also lacked internal E. Small Business Regulatory
Regulatory Secretariat, Room 4035, GSA performance metrics to ensure their Enforcement Fairness Act
Building, Washington, DC, 20405, (202) fleets were being replaced in a timely
208–7312, for information pertaining to manner and operating at their optimal This interim rule is also exempt from
status or publication schedules. For performance level. An interagency Congressional review prescribed under
clarification of content, contact James review team from the Federal Fleet 5 U.S.C. 801 since it relates solely to
Vogelsinger, Office of Governmentwide Policy Council (FEDFLEET) agency management and personnel.
Policy, Office of Travel, Transportation, recommended that agencies be required
and Asset Management (MT), at (202) to have a VMIS. There are two main List of Subjects in 41 CFR Part 102–34
501–1764 or e-mail at reasons for this requirement. First, with Energy conservation, Government
vehicle.policy@. Please cite FMR a VMIS agencies can more efficiently property management, Motor vehicles,
case 2006–102–1. and accurately collect agency Reporting and recordkeeping
SUPPLEMENTARY INFORMATION: information on their actual motor requirements.
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27638 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
Dated: February 1, 2006. vehicle is without a rear window or 8. Revise § 102–34.160 to read as
David L. Bibb, where identification on the rear window follows:
Acting Administrator of General Services. would not be easily seen.
§ 102–34.160 How are U.S. Government
For the reasons set forth in the * * * * * license plates coded and numbered?
preamble, 41 CFR part 102–34 is Note to § 102–34.120: Each agency or
amended as follows: activity that uses decals to identify its motor U.S. Government license plates will
vehicles is responsible for acquiring its own be numbered serially for each executive
PART 102–34—MOTOR VEHICLE decals and for replacing them when agency, beginning with ‘‘101’’, and
MANAGEMENT necessary due to damage or wear.
5. Add § 102–34.131 to read as preceded by a letter code that designates
1. The authority citation for part 102– follows: the owning agency for the motor vehicle. The agency letter codes are
34 is amended to read as follows: § 102–34.131 Can official U.S. Government listed in GSA Bulletin FMR B–8 (FMR
Authority: 40 U.S.C. 121(c); 40 U.S.C. license plates be used on motor vehicles bulletins are located at
17503. not owned or leased by the Government? bulletin).
2. Revise § 102–34.55 to read as No, official U.S. Government license
follows: plates may only be used on motor § 102–34.170 [Removed and Reserved]
§ 102–34.55 What are the minimum fleet vehicles that are owned or leased by the 9. Remove and reserve § 102–34.170.
average fuel economy standards? Government.
The minimum fleet average fuel 6. Revise § 102–34.135 to read as § 102–34.180 [Amended]
economy standards appear in the follows: 10. Amend § 102–34.180 by removing
following table: § 102–34.135 Do we need to register motor the note at the end of the section.
vehicles owned or leased by the
FLEET AVERAGE FUEL ECONOMY Government? 11. Revise § 102–34.195 to read as
STANDARDS 1 If the vehicles display U.S. follows:
Government license plates and motor § 102–34.195 What agencies have an
Fiscal year Passenger Light vehicle identification, you do not need unlimited exemption from displaying U.S.
automobile 2 truck 3,4 to register motor vehicles owned or Government license plates and motor
2005 ........... 27.5 21.0 leased by the Government in the vehicle identification?
2006 ........... 27.5 21.6 jurisdiction where the vehicle is The Federal agencies, or activities
2007 ........... 27.5 22.2 operated. However, motor vehicles within agencies, listed in FMR Bulletin
exempted under § 102–34.180, § 102–
1 These figures represent miles/gallon. B–12 (located at bulletin)
2 Established by section 49 U.S.C. 32902 34.195, or § 102–34.200 of this part must are granted an unlimited exemption for
and the Secretary of Transportation. be registered and inspected in vehicles that meet the requirements in
3 Fleet average fuel economy standard set accordance with the laws of the the bulletin.
by the Secretary of Transportation and man- jurisdiction where the motor vehicle is
dated by Executive Order 12375 beginning 12. Amend § 102–34.200 by revising
in fiscal year 1982. regularly operated.
4 Fleet average fuel economy for light 7. Revise § 102–34.140 to read as the section heading and adding a note
trucks is the combined fleet average fuel follows: to the end of the section to read as
economy for all 4 x 2 and 4 x 4 light trucks. follows:
§ 102–34.140 Where may we obtain U.S.
3. Revise § 102–34.110 to read as Government license plates? § 102–34.200 What agencies have a
follows: You may obtain U.S. Government special exemption from displaying U.S. Government license plates and motor
§ 102–34.110 What motor vehicle license plates— vehicle identification on some of their
identification must we put on motor (a) For motor vehicles operated in any vehicles?
vehicles we purchase or lease? State, Commonwealth, territory or
Unless exempted under sections possession of the United States, and the * * * * *
§ 102–34.180, § 102–34.195 or § 102– District of Columbia by contacting: U.S. Note to § 102–34 200: The Executive
34.200, motor vehicles must display the Department of Justice, UNICOR, Federal departments are: The Department of State,
following identification: Prison Industries, Inc., 400 First Street, the Department of the Treasury, the
Department of Defense, the Department of
(a) ‘‘For Official Use Only’’, NW., Room 6010, Washington, DC Justice, the Department of the Interior, the
(b) ‘‘U.S. Government’’, and 20534.
(c) Identification that readily (b) For all other motor vehicles by Department of Agriculture, the Department of
Commerce, the Department of Labor, the
identifies the agency owning the contacting the following office for Department of Health and Human Services,
vehicle. assistance: General Services the Department of Homeland Security, the
4. Amend § 102–34.120 by revising Administration, ATTN: MT, Department of Housing and Urban
paragraph (a), removing paragraph (b) Washington, DC 20405, Email: Development, the Department of
and redesignating paragraph (c) as new vehicle.policy@. Transportation, the Department of Energy,
paragraph (b), and adding a note at the Note to § 102–34.140: The General Services the Department of Education, and the
end of the section to read as follows: Administration (GSA) has established a
Memorandum of Understanding (MOU) on Department of Veterans Affairs.
§ 102–34.120 Where is motor vehicle behalf of all Federal agencies with Federal 13. Revise § 102–34.210 to read as
identification placed on purchased and Prison Industries (UNICOR) for the follows:
leased motor vehicles? procurement of official U.S. Government
(a) For most motor vehicles, the license plates. Each agency must execute an § 102–34.210 What special requirements
location in preferred order is as follows: addendum to this MOU providing plate apply to exempted motor vehicles using
(1) On the official U.S. Government design and specific ordering and payment District of Columbia or State license plates?
information before ordering license plates.
license plate. Agency field activities should contact their If your agency wants to use regular
(2) On a decal in the rear window, or national level Agency Fleet Manager for District of Columbia (DC) license plates
centered on both front doors if the assistance. or State license plates for motor vehicles
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Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations 27639
exempt from displaying U.S. (b) Standard Form 94, Statement of 22. Revise § 102–34.345 to read as
Government license plates and motor Witness. This form should be completed follows:
vehicle identification, your agency head by any witness to the crash.
must designate an official to authorize 18. Revise § 102–34.305 to read as § 102–34.345 What is the Federal Fleet
such use. Provide the name and follows: Report?
facsimile signature of that official to the The Federal Fleet Report (FFR) is an
DC Department of Transportation § 102–34.305 To whom do we send crash annual summary of Federal fleet
reports?
annually, or to the equivalent State statistics based upon fleet composition
vehicle motor vehicle department, as Send crash reports as follows: at the end of each fiscal year and vehicle
required. Agencies must pay the DC and (a) If the motor vehicle is owned or use and cost during the fiscal year. The
the States for these license plates in leased by your agency, follow your FFR is compiled by the General Services
accordance with DC or state policy. internal agency directives. Administration (GSA) from information
Also, for motor vehicles leased from the (b) If the motor vehicle is managed by submitted by Federal agencies. The FFR
GSA Fleet, send a list of the new plates the GSA Fleet, report the crash to GSA is designed to provide essential
to: General Services Administration, in accordance with subpart 101–39.4 of statistical data for worldwide Federal
ATTN: FFF, Washington, DC 20406. this title. motor vehicle fleet operations. Review of the report assists Government
14. Revise § 102–34.255 to read as § 102–34.310 [Amended] agencies, including GSA, in evaluating
follows: 19. Amend § 102–34.310 by removing the effectiveness of the operation and
‘‘101–45 and 101–46 of this title’’ in the
§ 102–34.255 Who pays for parking fees? last sentence of the section paragraph management of individual fleets to determine whether vehicles are being
You must pay parking fees while and adding ‘‘102–38 and 102–39 of this utilized properly and to identify high
operating a motor vehicle owned or subchapter B’’ in its place. cost areas where fleet expenses can be
leased by the Government. However, 20. Amend § 102–34.315 by revising reduced. The FFR is posted on the GSA,
you can expect to be reimbursed for the note to § 102–34.315(a)(2) to read as Federal Vehicle Policy Division Internet
parking fees incurred while performing follows: website (
official duties.
§ 102–34.315 What forms do we use to vehiclepolicy).
15. Add § 102–34.256 to read as transfer ownership when selling a motor 23. Add § 102–34.346 to read as
follows: vehicle? follows:
§ 102–34.256 Who pays for parking fines? * * * * * § 102–34.346 How do I submit information
Note to § 102–34.315(a)(2): Do not use to the General Services Administration
If you are fined for a parking violation Standard Form (SF) 97 if the Government- (GSA) for the Federal Fleet Report (FFR)?
while operating a motor vehicle owned owned motor vehicle is either not designed
or leased by the Government, you are or not legal for operation on highways. (a) Annually, agencies must submit to
responsible for paying the fine and will Examples are construction equipment, farm the General Services Administration
not be reimbursed. machinery, and certain military-design motor (GSA) the information needed to
16. Revise § 102–34.260 to read as vehicles and motor vehicles that are damaged produce the Federal Fleet Report (FFR)
follows: beyond repair in crashes and intended to be through the electronic Standard Form
sold as salvage only. Instead, use an (SF) 82, Agency Report of Motor Vehicle
§ 102–34.260 Do Federal employees in appropriate bill of sale or award document. Data. Agencies must use the Federal
motor vehicles owned or leased by the Examples are Optional Form 16, Sales Slip- Automotive Statistical Tool (FAST), an
Government have to use all safety devices Sale of Government Personal Property, and Internet-based reporting tool, to report
and follow all safety guidelines? Standard Form 114, Sale of Government required information to GSA. To find
Property—Bid and Award.
Yes, Federal employees in motor out how to submit motor vehicle data to
vehicles owned or leased by the * * * * * GSA through FAST, go to http://
21. Amend § 102–34.330 by adding a fastweb..
Government have to use all safety note at the end of the section to read as (b) Specific reporting categories, by
devices including safety belts and follows:
follow all appropriate motor vehicle agency, included in the FFR are—
(1) Inventory;
manufacturer safety guidelines. § 102–34.330 What Government-issued (2) Acquisitions;
17. Revise § 102–34.300 to read as charge cards may I use to purchase fuel (3) Operating costs;
follows: and motor vehicle related services? (4) Miles traveled; and
* * * * * (5) Fuel used.
§ 102–34.300 What forms do I use to report Note to § 102–34.330: OMB Circular A– Note to § 102–34.346: The FAST system is
a crash involving a motor vehicle owned or 123, Appendix B, contains additional also used by agency Fleet Managers to
leased by the Government? specific guidance on the management, provide the Department of Energy with
The General Services Administration issuance, and usage of Government charge information required by the Energy Policy
(GSA) requires that you use the cards. The Appendix B guidance Act and Executive Order 13149. In addition,
following forms to report a crash in any consolidates and updates current the Office of Management and Budget (OMB)
Governmentwide charge card program requires agency Fleet Managers and budget
State, Commonwealth, territory or requirements and guidance issued by the officers to submit annual agency motor
possession of the United States and the Office of Management and Budget, General vehicle budgeting information to OMB
District of Columbia. The forms should Services Administration, Department of the through FAST. (See OMB Circular A–11,
be carried in any motor vehicle owned Treasury, and other Federal agencies. Preparation, Submission, and Execution of
or leased by the Government. Appendix B provides a single document to the Budget.)
(a) Standard Form 91, Motor Vehicle incorporate changes, new guidance, or 24. Add § 102–34.347 to read as
Accident Report. The motor vehicle amendments to existing guidance, and follows:
establishes minimum requirements and
operator should complete this form at suggested best practices for Government § 102–34.347 Do we need a fleet
the time and scene of the crash if charge card programs that may be management information system?
possible, even if damage to the motor supplemented by individual agency policy Yes, you must have a fleet
vehicle is not noticeable. procedures. management information system that—
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27640 Federal Register / Vol. 71, No. 92 / Friday, May 12, 2006 / Rules and Regulations
(a) Identifies and collects accurate that have a significant effect beyond the List of Subjects in 48 CFR Part 204
inventory, cost, and use data; internal operating procedures of DoD or
(b) Provides the information necessary a significant cost or administrative Government procurement.
to satisfy both internal and external impact on contractors or offerors. Michele P. Peterson,
reporting requirements; Additional information on the DFARS Editor, Defense Acquisition Regulations
(c) Collects all costs incurred in the Transformation initiative is available at System.
operation, maintenance, acquisition, Therefore, 48 CFR Part 204 is
and disposition of motor vehicles used dfars/transformation/index.htm. amended as follows:
for official purposes; and This final rule is a result of the
(d) Is capable of providing the data DFARS Transformation initiative. The PART 204—ADMINISTRATIVE
required for external reporting, such as rule permits DoD contracting activities MATTERS
FAST (see § 102–34.346). to assign an additional identification
[FR Doc. 06–4430 Filed 5–11–06; 8:45 am] number to an existing contract by 1. The authority citation for 48 CFR
BILLING CODE 6820–14–S issuing a separate ‘‘continued’’ contract, Part 204 continues to read as follows:
when continued performance under the Authority: 41 U.S.C. 421 and 48 CFR
existing contract number is not practical Chapter 1.
DEPARTMENT OF DEFENSE for administrative reasons. The 2. Section 204.7001 is revised to read
continued contract will incorporate all as follows:
Defense Acquisition Regulations prices, terms, and conditions of the
System predecessor contract. Use of this 204.7001 Policy.
procedure is expected to be limited, but (a) Use the uniform procurement
48 CFR Part 204 will help to simplify administration, instrument identification (PII)
[DFARS Case 2003–D052] payment, and closeout of lengthy, numbering system prescribed by this
complex contracts; and will help in subpart for the solicitation/contract
Defense Federal Acquisition situations where a contracting activity instruments described in 204.7003 and
Regulation Supplement; Authorization has exhausted its assigned series of 204.7004.
for Continued Contracts identification numbers for orders placed (b) Retain the basic PII number
against another activity’s contract. unchanged for the life of the instrument
AGENCY: Defense Acquisition DoD published a proposed rule at 70 unless the conditions in paragraph (c) of
Regulations System, Department of FR 23826 on May 5, 2005. One DoD this section exist.
Defense (DoD). contracting activity submitted (c)(1) If continued performance under
ACTION: Final rule. comments requesting clarification of a contract number is not possible or is
SUMMARY: DoD has issued a final rule administrative matters pertaining to the not in the Government’s best interest
amending the Defense Federal Government’s execution of this new solely for administrative reasons (e.g.,
Acquisition Regulation Supplement procedure. A new section has been when the supplementary PII serial
(DFARS) to add policy permitting the added to the DFARS companion numbering system is exhausted or for
assignment of an additional resource, Procedures, Guidance, and lengthy major systems contracts with
identification number to an existing Information (PGI), at PGI 204.7001 multiple options), the contracting officer
contract for administrative purposes. ( may assign an additional PII number by
This rule is a result of a transformation pgi), to provide supplemental guidance issuing a separate continued contract to
initiative undertaken by DoD to to contracting officers regarding use of permit continued contract performance.
dramatically change the purpose and this procedure. (2) A continued contract—
content of the DFARS. This rule was not subject to Office of (i) Does not constitute a new
Management and Budget review under procurement;
DATES: Effective Date: May 12, 2006. Executive Order 12866, dated (ii) Incorporates all prices, terms, and
FOR FURTHER INFORMATION CONTACT: Ms. September 30, 1993. conditions of the predecessor contract
Deborah Tronic, Defense Acquisition effective at the time of issuance of the
Regulations System, OUSD (AT&L) B. Regulatory Flexibility Act continued contract;
DPAP (DARS), IMD 3C132, 3062 DoD certifies that this final rule will (iii) Operates as a separate contract
Defense Pentagon, Washington, DC not have a significant economic impact independent of the predecessor contract
20301–3062. Telephone (703) 602–0289; on a substantial number of small entities once issued; and
facsimile (703) 602–0350. Please cite within the meaning of the Regulatory (iv) Shall not evade competition,
DFARS Case 2003–D052. Flexibility Act, 5 U.S.C. 601, et seq., expand the scope of work, or extend the
SUPPLEMENTARY INFORMATION: because the rule addresses an period of performance beyond that of
A. Background administrative procedure that is the predecessor contract.
performed by the Government. A (3) When issuing a continued
DFARS Transformation is a major continued contract does not constitute a contract, the contracting officer shall—
DoD initiative to dramatically change new procurement and will incorporate (i) Issue an administrative
the purpose and content of the DFARS. all prices, terms, and conditions of the modification to the predecessor contract
The objective is to improve the predecessor contract. to clearly state that—
efficiency and effectiveness of the (A) Any future awards provided for
acquisition process, while allowing the C. Paperwork Reduction Act under the terms of the predecessor
acquisition workforce the flexibility to The Paperwork Reduction Act does contract (e.g., issuance of orders or
innovate. The transformed DFARS will not apply, because the rule does not exercise of options) will be
contain only requirements of law, DoD- impose any information collection accomplished under the continued
wide policies, delegations of FAR requirements that require the approval contract; and
authorities, deviations from FAR of the Office of Management and Budget (B) Supplies and services already
requirements, and policies/procedures under 44 U.S.C. 3501, et seq. acquired under the predecessor contract
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