DATE: September 17, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Consolidation of Contract Requirements

SOURCE: Federal Register, September 17, 2004, Vol. 69, No. 180, page 55986

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is adding DFARS 207.170, Consolidation of Contract Requirements, to implement Section 801 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), which places restrictions on the consolidation of two or more requirements of a DOD department, agency, or activity into a single solicitation and contract.

For more on other acquisition-related provisions of Public Law 108-136, see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004."

DATES: The interim rule is effective September 17, 2004. Comments on the interim rule must be submitted on or before November 16, 2004.

ADDRESSES: Respondents may submit comments directly on the web site at either http://www.regulations.gov OR 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: Donna Hairston-Benford, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; fax to either 703-602-7887 OR 703-602-0350; or hand-deliver/courier to: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402. Cite "DFARS Case 2003-D109" when making comments on this interim rule.

FOR FURTHER INFORMATION CONTACT: Donna Hairston-Benford, 703-602-0289.

SUPPLEMENTAL INFORMATION: This interim rule adds DFARS 207.170 to implement Section 801 of Public Law 108-136 to place restrictions on the use of an acquisition strategy that includes a consolidation of contract requirements with a total value exceeding $5,000,000.

DFARS 207.170 consists of three subsections:

Also, the interim rule adds the following as another duty of the Office of Small and Disadvantaged Business Utilization (in paragraph (d)(11) to DFARS 219.201, General Policy): "conduct annual reviews to assess (A) the extent of consolidation of contract requirements that has occurred (see 207.170); and (B) the impact of those consolidations on the availability of small business concerns to participate in procurements as both contractors and subcontractors."

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

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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