DATE: November 22, 2002

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Indian Incentive Clause -- Contract Types

SOURCE: Federal Register, November 22, 2002, Vol. 67, No. 226, page 70389

AGENCIES: Department of Defense (DOD)

ACTION: Proposed Rule

SYNOPSIS: DOD is proposing to amend DFARS 252.226-7001, Utilization of Indian Organizations and Indian-Owned Economic Enterprises -- DOD Contracts, to clarify that the clause, which permits incentive payments for use of Indian organizations as subcontractors, may be used in all contract types.

EDITOR'S NOTE: For more on the addition of the clause to the DFARS, see the September 11, 2001, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Utilization of Indian Organizations and Indian-Owned Economic Enterprises."

DATES: Comments must be submitted by January 21, 2003.

ADDRESSES: Respondents may submit comments directly on the web site at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, respondents may e-mail comments to: dfars@acq.osd.mil. Also, respondents who cannot submit comments through the web site or by e-mail may submit comments to Defense Acquisition Regulations Council, Attn: Amy Williams, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062, or by fax to 703-602-0350. Cite "DFARS Case 2002-D013" when making comments on this proposed rule.

FOR FURTHER INFORMATION CONTACT: Angelena Moy, 703-602-1302.

SUPPLEMENTAL INFORMATION: DFARS 252.226-7001 provides for 5% incentive payments to contractors, and subcontractors at any tier, that use Indian organizations and Indian-owned economic enterprises as subcontractors. Paragraph (e) addresses incentive payments under cost-type, cost-plus-incentive-fee, fixed-price incentive, and firm-fixed-price contracts. Application of the Indian Incentive program is not limited to these contract types, so this proposed rule would eliminate the references to contract types to avoid any misconceptions regarding contract types that are not listed.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2002 by Panoptic Enterprises. All Rights Reserved.

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