Defense Federal Acquisition Regulation Supplement; Acquisition of Major Weapon Systems as Commercial Items (DFARS Case 2006-D012), 51189 [E7-17428]

Download as PDF Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations (2) Assessments and corresponding acquisition strategies developed under this section shall— (i) Be developed before issuance of a solicitation for the weapon system or subsystem; (ii) Address the merits of including a priced contract option for the future delivery of technical data and computer software, and associated license rights, that were not acquired upon initial contract award; (iii) Address the potential for changes in the sustainment plan over the life cycle of the weapon system or subsystem; and (iv) Apply to weapon systems and subsystems that are to be supported by performance-based logistics arrangements as well as to weapon systems and subsystems that are to be supported by other sustainment approaches. PART 227—PATENTS, DATA, AND COPYRIGHTS 3. Section 227.7103–1 is amended by adding paragraph (f) to read as follows: I 227.7103–1 Policy. * * * * * (f) For acquisitions involving major weapon systems or subsystems of major weapon systems, the acquisition plan shall address acquisition strategies that provide for technical data and the associated license rights in accordance with 207.106(S–70). I 4. Section 227.7203–1 is amended by adding paragraph (e) to read as follows: 227.7203–1 Policy. * * * * * (e) For acquisitions involving major weapon systems or subsystems of major weapon systems, the acquisition plan shall address acquisition strategies that provide for computer software and computer software documentation, and the associated license rights, in accordance with 207.106(S–70). [FR Doc. E7–17422 Filed 9–5–07; 8:45 am] pwalker on PROD1PC71 with RULES BILLING CODE 5001–08–P 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: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, 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. EFFECTIVE DATE: September 6, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0310; facsimile (703) 602–7887. Please cite DFARS Case 2006–D012. SUPPLEMENTARY INFORMATION: A. Background DoD certifies that this final rule will not have a significant economic impact 18:26 Sep 05, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4700 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 internal DoD considerations regarding the acquisition of major weapon systems. 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 212 and 234 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 212 and 234, which was published at 71 FR 58537 on October 4, 2006, is adopted as a final rule without change. I [FR Doc. E7–17428 Filed 9–5–07; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216 and 252 DoD published an interim rule at 71 FR 58537 on October 4, 2006, to implement Section 803 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163). Section 803 permits the treatment or acquisition of a major weapon system as a commercial item only if (1) The Secretary of Defense determines that the major weapon system meets the definition of commercial item at 41 U.S.C. 403(12) and such treatment is necessary to meet national security objectives; and (2) the congressional defense committees are notified at least 30 days before such treatment or acquisition occurs. DoD received no comments on the interim rule. Therefore, DoD has adopted the interim rule as a final rule without change. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act VerDate Aug<31>2005 51189 Sfmt 4700 RIN 0750–AF44 Defense Federal Acquisition Regulation Supplement; Labor Reimbursement on DoD NonCommercial Time-and-Materials and Labor-Hour Contracts (DFARS Case 2006–D030) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide policy for reimbursing labor costs on competitively awarded DoD noncommercial time-and-materials and labor-hour contracts. EFFECTIVE DATE: September 6, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (CPF), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301–3062. E:\FR\FM\06SER1.SGM 06SER1

Agencies

[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Page 51189]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17428]


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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)

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

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, 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.

EFFECTIVE DATE: September 6, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310; 
facsimile (703) 602-7887. Please cite DFARS Case 2006-D012.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 71 FR 58537 on October 4, 2006, to 
implement Section 803 of the National Defense Authorization Act for 
Fiscal Year 2006 (Pub. L. 109-163). Section 803 permits the treatment 
or acquisition of a major weapon system as a commercial item only if 
(1) The Secretary of Defense determines that the major weapon system 
meets the definition of commercial item at 41 U.S.C. 403(12) and such 
treatment is necessary to meet national security objectives; and (2) 
the congressional defense committees are notified at least 30 days 
before such treatment or acquisition occurs.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim rule as a final rule without change.
    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 internal DoD considerations regarding the 
acquisition of major weapon systems.

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 212 and 234

    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 212 and 234, which 
was published at 71 FR 58537 on October 4, 2006, is adopted as a final 
rule without change.

 [FR Doc. E7-17428 Filed 9-5-07; 8:45 am]
BILLING CODE 5001-08-P

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