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22 April 2008
[Federal Register: April 21, 2008 (Volume 73, Number 77)]
[Proposed Rules]
[Page 21301-21302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21ap08-31]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Chapter 2
Nontraditional Defense Contractor
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Request for public input.
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SUMMARY: DoD is interested in creating new and/or expanding existing
pathways for nontraditional contractor participation in defense
procurements. In order to gauge the Department's success with respect
to this endeavor, DoD is specifically interested in first establishing
a standard Department-wide definition for ``nontraditional defense
contractor'' that would be applied in defense procurements conducted
pursuant to the Federal Acquisition Regulation (FAR) and the Defense
FAR Supplement (DFARS). In support of this initiative, DoD is seeking
industry input with regard to the standards that should be utilized in
defining what constitutes a nontraditional defense contractor and in
developing an appropriate definition for use on a permanent basis.
DATES: Submit written comments to the address shown below on or before
June 20, 2008.
ADDRESSES: Submit comments to: Office of the Director, Defense
Procurement and Acquisition Policy, ATTN: OUSD (AT&L) DPAP (CPIC), 3060
Defense Pentagon, Washington, DC 20301-3060. Comments also may be
submitted by e-mail to Anthony.Cicala@osd.mil.
FOR FURTHER INFORMATION CONTACT: Mr. Anthony E. Cicala, by telephone at
703-693-7062, or by e-mail at Anthony.Cicala@osd.mil.
SUPPLEMENTARY INFORMATION: Since the 1970s, DoD has encouraged its
acquisition team to leverage, to the maximum extent possible, the
commercial marketplace to acquire the Department's products and
services. In response to special commissions, panels, and legislation,
in January 2001, DoD required the development of implementation plans
with the goal of increasing the acquisition of commercial items using
the procedures at FAR Part 12, Acquisition of Commercial Items. In
addition, legislative changes to FAR Part 12, and FAR Part 13--
Simplified Acquisition Procedures, were enacted in an attempt to
streamline the process and create a more commercial-like contracting
environment. DoD expected increased use of the flexibility afforded by
FAR Part 12 and FAR Part 13 procedures to provide DoD greater access to
the commercial markets (products and services types) which would lead
to increased competition, better prices, and access to new market
entrants and/or technologies. DoD is interested in determining how
successful it has been, and is now examining ways to collect
information on the number of nontraditional defense contractors the
Department reaches through its acquisitions to evaluate the extent of
increased access to commercial markets, potential cost savings,
increased quality, and/or technological innovation.
Currently, a definition for nontraditional defense contractor is
promulgated at DFARS Subpart 212.70, but the application of that
definition is limited to follow-on efforts to Other
[[Page 21302]]
Transaction (OT) for Prototype awards made by DoD pursuant to the
authority of 10 U.S.C. 2371 and Section 845 of the National Defense
Authorization Act for Fiscal Year 1994 (Public Law 103-160), as
amended. Given that this definition tends to be narrow in scope in that
it has its genesis in Research and Development (R&D) projects that
involve experimentation, test, demonstration, and developments related
to weapons systems, the application of the current definition may not
be entirely appropriate with respect to the various types of defense
procurements that are possible under existing regulations.
With respect to this request for information from interested
parties, consideration should include, but is not necessarily limited
to, the following:
[cir] Should consideration be given to the percentage of a
company's business that is devoted to defense specific award actions
versus non-defense specific award actions in determining its status as
a traditional vice nontraditional defense contractor? (e.g., If a
company's sales revenue is based on 90 percent commercial sector versus
10 percent defense sector, should that be taken into consideration? Are
there other benchmarks that should be used in classifying a contractor
as a nontraditional defense contractor and, if so, what are they and
why are they appropriate?)
[cir] Should the definition stay the same for all of the various
types of acquisitions, or should the definition change depending upon
products or services acquired? (e.g., Service, Supply, Construction,
R&D)
[cir] Should contractors be required to self-certify their status
as a nontraditional defense contractor via registration in the Central
Contractor Registration (CCR) database, Online Representations and
Certifications Application (ORCA), or some other self-certification
mechanism, based on an established definition for nontraditional
defense contractor, so that individual contracting officers are not
required to make these independent judgment calls for every single
contract action contemplated? If not, how should DoD otherwise capture
nontraditional defense contractor status?
DoD requests your considered input for all other aspects of what
constitutes a nontraditional defense contractor in DoD procurements.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E8-8484 Filed 4-18-08; 8:45 am]
BILLING CODE 5001-08-P