Defense Federal Acquisition Regulation Supplement; Berry Amendment Notification Requirement (DFARS Case 2006-D006), 42315 [E7-14904]

Download as PDF Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Rules and Regulations FAR Part 10 and Part 210, to determine— * * * * * (2) If the contracting officer cannot determine whether the criteria in paragraph (c)(1) of this section are met, the contracting officer includes a written explanation in the contract file as to why such a determination could not be made (Section 816 of Public Law 109–163). [FR Doc. E7–14906 Filed 8–1–07; 8:45 am] BILLING CODE 5001–08–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: Final rule. AGENCY: jlentini on PROD1PC65 with RULES SUMMARY: DoD has adopted as final, without change, 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 FedBizOpps Internet site, when certain exceptions to domestic source requirements apply to an acquisition. DATES: Effective Date: August 2, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–7887. Please cite DFARS Case 2006–D006. SUPPLEMENTARY INFORMATION: A. Background DoD published an interim rule at 71 FR 58536 on October 4, 2006, 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 FedBizOpps Internet site, within 7 days after award of a contract exceeding the simplified acquisition threshold, for the acquisition of (1) certain clothing, fiber, VerDate Aug<31>2005 16:10 Aug 01, 2007 Jkt 211001 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. One source submitted comments on the interim rule, as discussed below. Comments: The respondent strongly supported the initiative to insert transparency into the process of waiving domestic source requirements. Although the law allows posting within 7 days after contract award, the respondent encouraged a more immediate notice to industry, preferably before contract award. The respondent also suggested that there should be a permanent posting of current domestic nonavailability determinations, so that industry (especially a company just entering the contracting arena) would have information regarding the materials or components for which a waiver has been granted. The respondent recommended that this information be available in an easily accessible and permanent location to permit better compliance with domestic source requirements. DoD Response: When drafting the interim rule, DoD determined that the least burdensome approach for posting the notice would be to make it part of the synopsis that is published after contract award in accordance with FAR 5.301. Therefore, the final rule continues to provide for posting of the notice within 7 days after contract award, consistent with the statutory provisions. A listing of current domestic nonavailability determinations is available on the Defense Procurement and Acquisition Policy Web site, at https://www.acq.osd.mil/dpap/paic/ dnad.htm. 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 certifies that this final rule will not 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. 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 PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 42315 of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 205 and 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR Parts 205 and 225, which was published at 71 FR 58536 on October 4, 2006, is adopted as a final rule without change. I [FR Doc. E7–14904 Filed 8–1–07; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 225 and 252 RIN 0750–AF54 Defense Federal Acquisition Regulation Supplement; Berry Amendment Restrictions—Clothing Materials and Components Covered (DFARS Case 2006–D031) Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: Final rule. SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 833(b) of the National Defense Authorization Act for Fiscal Year 2006. Section 833(b) expands the foreign source restrictions applicable to the acquisition of clothing to also include clothing materials and components, other than sensors, electronics, or other items added to, and not normally associated with, clothing and the materials and components thereof. DATES: Effective Date: August 2, 2007. Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–7887. Please cite DFARS Case 2006–D031. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\02AUR1.SGM 02AUR1

Agencies

[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Rules and Regulations]
[Page 42315]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14904]


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

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: Final rule.

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

SUMMARY: DoD has adopted as final, without change, 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 FedBizOpps Internet site, when certain exceptions to domestic 
source requirements apply to an acquisition.

DATES: Effective Date: August 2, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-7887. Please cite DFARS Case 2006-D006.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published an interim rule at 71 FR 58536 on October 4, 2006, 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 
FedBizOpps 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.
    One source submitted comments on the interim rule, as discussed 
below.
    Comments: The respondent strongly supported the initiative to 
insert transparency into the process of waiving domestic source 
requirements. Although the law allows posting within 7 days after 
contract award, the respondent encouraged a more immediate notice to 
industry, preferably before contract award. The respondent also 
suggested that there should be a permanent posting of current domestic 
nonavailability determinations, so that industry (especially a company 
just entering the contracting arena) would have information regarding 
the materials or components for which a waiver has been granted. The 
respondent recommended that this information be available in an easily 
accessible and permanent location to permit better compliance with 
domestic source requirements.
    DoD Response: When drafting the interim rule, DoD determined that 
the least burdensome approach for posting the notice would be to make 
it part of the synopsis that is published after contract award in 
accordance with FAR 5.301. Therefore, the final rule continues to 
provide for posting of the notice within 7 days after contract award, 
consistent with the statutory provisions. A listing of current domestic 
nonavailability determinations is available on the Defense Procurement 
and Acquisition Policy Web site, at https://www.acq.osd.mil/dpap/paic/
dnad.htm.
    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 certifies that this final rule will not 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.

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.

List of Subjects in 48 CFR Parts 205 and 225

    Government procurement.

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

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Parts 205 and 225, which 
was published at 71 FR 58536 on October 4, 2006, is adopted as a final 
rule without change.
 [FR Doc. E7-14904 Filed 8-1-07; 8:45 am]
BILLING CODE 5001-08-P