Defense Federal Acquisition Regulation Supplement; Berry Amendment Notification Requirement (DFARS Case 2006-D006), 58536-58537 [E6-16402]

Download as PDF 58536 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations times, with additional bus monitors provided as necessary, such as when needed to accommodate the needs of children with disabilities. As provided in 45 CFR 1310.2(a), this paragraph does not apply to transportation services to children served under the home-based option for Head Start and Early Head Start. * * * * * § 1310.22 [Amended] FOR FURTHER INFORMATION CONTACT: 6. In § 1310.22, amend paragraph (a) by removing ‘‘January 18, 2006’’ and adding ‘‘December 30, 2006’’ in its place. I SUPPLEMENTARY INFORMATION: A. Background BILLING CODE 4184–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 205 and 225 RIN 0750–AF33 Defense Federal Acquisition Regulation Supplement; Berry Amendment Notification Requirement (DFARS Case 2006–D006) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. erjones on PROD1PC72 with RULES AGENCY: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006. Section 833(a) requires the posting of a notice on the FedBizOps Internet site, when certain exceptions to domestic source requirements apply to an acquisition. DATES: Effective Date: October 4, 2006. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before December 4, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006–D006, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D006 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 14:25 Oct 03, 2006 Jkt 211001 Ms. Amy Williams, (703) 602–0328. [FR Doc. E6–16488 Filed 10–3–06; 8:45 am] VerDate Aug<31>2005 Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. This interim rule adds DFARS policy to implement Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163). Section 833(a) amended 10 U.S.C. 2533a to add a requirement for the posting of a notice on the FedBizOps Internet site, within 7 days after award of a contract exceeding the simplified acquisition threshold, for the acquisition of (1) certain clothing, fiber, yarn, or fabric items, when DoD has determined that adequate domestic items are not available; or (2) chemical warfare protective clothing, when an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the 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. Frm 00052 Fmt 4700 Sfmt 4700 List of Subjects in 48 CFR Parts 205 and 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 205 and 225 are amended as follows: I 1. The authority citation for 48 CFR parts 205 and 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 205—PUBLICIZING CONTRACT ACTIONS 2. Section 205.301 is added to read as follows: I DoD does not expect this rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule relates to a notification requirement that is performed by the Government. Therefore, DoD has not performed an initial regulatory flexibility analysis. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2006–D006. PO 00000 D. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 833(a) of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163). Section 833(a) requires DoD to post a notice on the FedBizOps Internet site, within 7 days after award of a contract exceeding the simplified acquisition threshold, when DoD has applied one of certain exceptions to domestic source requirements with respect to the contract. Comments received in response to this interim rule will be considered in the formation of the final rule. 205.301 General. (a)(S–70) Synopsis of exceptions to domestic source requirements. (i) In accordance with 10 U.S.C. 2533a(k), contracting officers also must synopsize through the GPE, awards exceeding the simplified acquisition threshold that are for the acquisition of any clothing, fiber, yarn, or fabric items described in 225.7002–1(a)(2) through (10), if— (A) The Secretary concerned has determined that domestic items are not available, in accordance with 225.7002– 2(b); or (B) The acquisition is for chemical warfare protective clothing, and the contracting officer has determined that an exception to domestic source requirements applies because the acquisition furthers an agreement with a qualifying country, in accordance with 225.7002–2(p). (ii) The synopsis must be submitted in sufficient time to permit its publication E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations not later than 7 days after contract award. (iii) In addition to the information otherwise required in a synopsis of contract award, the synopsis must include one of the following statements as applicable: (A) ‘‘The exception at DFARS 225.7002–2(b) applies to this acquisition, because the Secretary concerned has determined that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in satisfactory quality and sufficient quantity at U.S. market prices.’’ (B) ‘‘The exception at DFARS 225.7002–2(p) applies to this acquisition, because the contracting officer has determined that this acquisition of chemical warfare protective clothing furthers an agreement with a qualifying country identified in DFARS 225.872.’’ PART 225—FOREIGN ACQUISITION 3. Section 225.7002–1 is amended in the introductory text by revising the first sentence to read as follows: I 225.7002–1 Restrictions. The following restrictions implement 10 U.S.C. 2533a (the ‘‘Berry Amendment’’). * * * I 4. Section 225.7002–2 is amended by revising paragraphs (b) and (n) and by adding paragraph (p) to read as follows: 225.7002–2 Exceptions. erjones on PROD1PC72 with RULES * * * * * (b) Acquisitions of any of the items in 225.7002–1(a) or (b), if the Secretary concerned determines that items grown, reprocessed, reused, or produced in the United States cannot be acquired as and when needed in a satisfactory quality and sufficient quantity at U.S. market prices. (See the requirement in 205.301 for synopsis within 7 days after contract award when using this exception.) * * * * * (n) Acquisitions of specialty metals when the acquisition furthers an agreement with a qualifying country (see 225.872). * * * * * (p) Acquisitions of chemical warfare protective clothing when the acquisition furthers an agreement with a qualifying country. (See 225.872 and the requirement in 205.301 for synopsis within 7 days after contract award when using this exception.) [FR Doc. E6–16402 Filed 10–3–06; 8:45 am] BILLING CODE 5001–08–P VerDate Aug<31>2005 14:25 Oct 03, 2006 Jkt 211001 58537 DEPARTMENT OF DEFENSE ‘‘217.7406’’ and adding in its place ‘‘217.7405’’. Defense Acquisition Regulations System PART 225—FOREIGN ACQUISITION 48 CFR Parts 207, 216, and 225 I Defense Federal Acquisition Regulation Supplement; Technical Amendments 225.7013 Restrictions on construction or repair of vessels in foreign shipyards. 4. Section 225.7013 is amended by revising the introductory text to read as follows: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. In accordance with 10 U.S.C. 7309 and 7310— * * * * * DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update reference numbers and correct typographical errors. DATES: Effective Date: October 4, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows: • Section 207.103. Corrects typographical errors. • Section 216.603–4. Updates a crossreference. • Section 225.7013. Updates a statutory reference. BILLING CODE 5001–08–P AGENCY: SUMMARY: List of Subjects in 48 CFR Parts 207, 216, and 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 207, 216, and 225 are amended as follows: I 1. The authority citation for 48 CFR parts 207, 216, and 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 207—ACQUISITION PLANNING 207.103 [Amended] 2. Section 207.103 is amended as follows: I a. In paragraph (h) introductory text by removing ‘‘SCMA’’ and adding in its place ‘‘SMCA’’; and I b. In paragraph (h)(ii), in the second sentence, by removing ‘‘SCMA’’ and adding in its place ‘‘SMCA’’. I PART 216—TYPES OF CONTRACTS 216.603–4 [Amended] 3. Section 216.603–4 is amended in paragraph (b)(2) by removing I PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 [FR Doc. E6–16400 Filed 10–3–06; 8:45 am] DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212 and 234 RIN 0750–AF38 Defense Federal Acquisition Regulation Supplement; Acquisition of Major Weapon Systems as Commercial Items (DFARS Case 2006–D012) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. AGENCY: SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006. Section 803 places limitations on the acquisition of a major weapon system as a commercial item. DATES: Effective date: October 4, 2006. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before December 4, 2006, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2006–D012, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2006–D012 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations System, Attn: Mr. Bill Sain, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations System, Crystal E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58536-58537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16402]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 205 and 225

RIN 0750-AF33


Defense Federal Acquisition Regulation Supplement; Berry 
Amendment Notification Requirement (DFARS Case 2006-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 833(a) 
of the National Defense Authorization Act for Fiscal Year 2006. Section 
833(a) requires the posting of a notice on the FedBizOps Internet site, 
when certain exceptions to domestic source requirements apply to an 
acquisition.

DATES: Effective Date: October 4, 2006.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before December 4, 2006, to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D006, 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D006 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Ms. 
Amy Williams, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, 
Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, (703) 602-0328.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule adds DFARS policy to implement Section 833(a) of 
the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 
109-163). Section 833(a) amended 10 U.S.C. 2533a to add a requirement 
for the posting of a notice on the FedBizOps Internet site, within 7 
days after award of a contract exceeding the simplified acquisition 
threshold, for the acquisition of (1) certain clothing, fiber, yarn, or 
fabric items, when DoD has determined that adequate domestic items are 
not available; or (2) chemical warfare protective clothing, when an 
exception to domestic source requirements applies because the 
acquisition furthers an agreement with a qualifying country.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
relates to a notification requirement that is performed by the 
Government. Therefore, DoD has not performed an initial regulatory 
flexibility analysis. DoD invites comments from small businesses and 
other interested parties. DoD also will consider comments from small 
entities concerning the affected DFARS subparts in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 2006-D006.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the 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.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 833(a) of the National Defense 
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163). Section 
833(a) requires DoD to post a notice on the FedBizOps Internet site, 
within 7 days after award of a contract exceeding the simplified 
acquisition threshold, when DoD has applied one of certain exceptions 
to domestic source requirements with respect to the contract. Comments 
received in response to this interim rule will be considered in the 
formation of the final rule.

List of Subjects in 48 CFR Parts 205 and 225

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 205 and 225 are amended as follows:
0
1. The authority citation for 48 CFR parts 205 and 225 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
2. Section 205.301 is added to read as follows:


205.301  General.

    (a)(S-70) Synopsis of exceptions to domestic source requirements.
    (i) In accordance with 10 U.S.C. 2533a(k), contracting officers 
also must synopsize through the GPE, awards exceeding the simplified 
acquisition threshold that are for the acquisition of any clothing, 
fiber, yarn, or fabric items described in 225.7002-1(a)(2) through 
(10), if--
    (A) The Secretary concerned has determined that domestic items are 
not available, in accordance with 225.7002-2(b); or
    (B) The acquisition is for chemical warfare protective clothing, 
and the contracting officer has determined that an exception to 
domestic source requirements applies because the acquisition furthers 
an agreement with a qualifying country, in accordance with 225.7002-
2(p).
    (ii) The synopsis must be submitted in sufficient time to permit 
its publication

[[Page 58537]]

not later than 7 days after contract award.
    (iii) In addition to the information otherwise required in a 
synopsis of contract award, the synopsis must include one of the 
following statements as applicable:
    (A) ``The exception at DFARS 225.7002-2(b) applies to this 
acquisition, because the Secretary concerned has determined that items 
grown, reprocessed, reused, or produced in the United States cannot be 
acquired as and when needed in satisfactory quality and sufficient 
quantity at U.S. market prices.''
    (B) ``The exception at DFARS 225.7002-2(p) applies to this 
acquisition, because the contracting officer has determined that this 
acquisition of chemical warfare protective clothing furthers an 
agreement with a qualifying country identified in DFARS 225.872.''

PART 225--FOREIGN ACQUISITION

0
3. Section 225.7002-1 is amended in the introductory text by revising 
the first sentence to read as follows:


225.7002-1  Restrictions.

    The following restrictions implement 10 U.S.C. 2533a (the ``Berry 
Amendment''). * * *
0
4. Section 225.7002-2 is amended by revising paragraphs (b) and (n) and 
by adding paragraph (p) to read as follows:


225.7002-2  Exceptions.

* * * * *
    (b) Acquisitions of any of the items in 225.7002-1(a) or (b), if 
the Secretary concerned determines that items grown, reprocessed, 
reused, or produced in the United States cannot be acquired as and when 
needed in a satisfactory quality and sufficient quantity at U.S. market 
prices. (See the requirement in 205.301 for synopsis within 7 days 
after contract award when using this exception.)
* * * * *
    (n) Acquisitions of specialty metals when the acquisition furthers 
an agreement with a qualifying country (see 225.872).
* * * * *
    (p) Acquisitions of chemical warfare protective clothing when the 
acquisition furthers an agreement with a qualifying country. (See 
225.872 and the requirement in 205.301 for synopsis within 7 days after 
contract award when using this exception.)

[FR Doc. E6-16402 Filed 10-3-06; 8:45 am]
BILLING CODE 5001-08-P