Defense Federal Acquisition Regulation Supplement; Functions Exempt From Private Sector Performance (DFARS Case 2007-D019), 1826 [E8-195]
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Federal Register / Vol. 73, No. 7 / Thursday, January 10, 2008 / Rules and Regulations
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment under
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subparts in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2007–D019.
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364).
(End of clause)
[FR Doc. E8–175 Filed 1–9–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 207 and 237
RIN 0750–AF87
Defense Federal Acquisition
Regulation Supplement; Functions
Exempt From Private Sector
Performance (DFARS Case 2007–D019)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
yshivers on PROD1PC62 with RULES
A. Background
This final rule amends the DFARS to
address procedures for preparation of
the written determination required by
FAR 7.503(e), that none of the functions
to be performed by contract are
inherently governmental. The rule
requires DoD personnel to prepare the
determination using DoD Instruction
1100.22, Guidance for Determining
Workforce Mix, and to also include a
determination that none of the functions
to be performed are exempt from private
sector performance, as addressed in DoD
Instruction 1100.22.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
VerDate Aug<31>2005
14:25 Jan 09, 2008
Jkt 214001
List of Subjects in 48 CFR Parts 207 and
237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address procedures for
preparation of the written determination
required by the Federal Acquisition
Regulation (FAR), that none of the
functions to be performed by contract
are inherently governmental.
DATES: Effective Date: January 10, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone 703–602–1302; facsimile
703–602–7887. Please cite DFARS Case
2007–D019.
SUPPLEMENTARY INFORMATION:
B. Regulatory Flexibility Act
This rule will not have a significant
cost or administrative impact on
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.
Therefore, 48 CFR parts 207 and 237
are amended as follows:
I 1. The authority citation for 48 CFR
parts 207 and 237 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 207—ACQUISITION PLANNING
2. Section 207.503 is amended by
adding paragraph (e) to read as follows:
I
207.503
Policy.
(e) The written determination
required by FAR 7.503(e), that none of
the functions to be performed by
contract are inherently governmental—
(i) Shall be prepared using DoD
Instruction 1100.22, Guidance for
Determining Workforce Mix; and
(ii) Shall include a determination that
none of the functions to be performed
are exempt from private sector
performance, as addressed in DoD
Instruction 1100.22.
*
*
*
*
*
PART 237—SERVICE CONTRACTING
3. Section 237.102 is added to read as
follows:
I
237.102
Policy.
(c) In addition to the prohibition on
award of contracts for the performance
of inherently governmental functions,
contracting officers shall not award
contracts for functions that are exempt
from private sector performance. See
207.503(e) for the associated
documentation requirement.
[FR Doc. E8–195 Filed 1–9–08; 8:45 am]
BILLING CODE 5001–08–P
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 209, 217, and 246
RIN 0750–AF86
Defense Federal Acquisition
Regulation Supplement; Ship Critical
Safety Items (DFARS Case 2007–D016)
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 130 of
the National Defense Authorization Act
for Fiscal Year 2007. Section 130
requires DoD to establish a quality
control policy for the procurement,
modification, repair, and overhaul of
ship critical safety items.
DATES: Effective date: January 10, 2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before March 10, 2008, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D016,
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 2007–D016 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Michael
Benavides, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 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.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, 703–602–1302.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section
130 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364). Section 130 requires
DoD to prescribe in regulations a quality
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Page 1826]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-195]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207 and 237
RIN 0750-AF87
Defense Federal Acquisition Regulation Supplement; Functions
Exempt From Private Sector Performance (DFARS Case 2007-D019)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address procedures for
preparation of the written determination required by the Federal
Acquisition Regulation (FAR), that none of the functions to be
performed by contract are inherently governmental.
DATES: Effective Date: January 10, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP(DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302;
facsimile 703-602-7887. Please cite DFARS Case 2007-D019.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the DFARS to address procedures for
preparation of the written determination required by FAR 7.503(e), that
none of the functions to be performed by contract are inherently
governmental. The rule requires DoD personnel to prepare the
determination using DoD Instruction 1100.22, Guidance for Determining
Workforce Mix, and to also include a determination that none of the
functions to be performed are exempt from private sector performance,
as addressed in DoD Instruction 1100.22.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2007-D019.
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 207 and 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 207 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 237 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
0
2. Section 207.503 is amended by adding paragraph (e) to read as
follows:
207.503 Policy.
(e) The written determination required by FAR 7.503(e), that none
of the functions to be performed by contract are inherently
governmental--
(i) Shall be prepared using DoD Instruction 1100.22, Guidance for
Determining Workforce Mix; and
(ii) Shall include a determination that none of the functions to be
performed are exempt from private sector performance, as addressed in
DoD Instruction 1100.22.
* * * * *
PART 237--SERVICE CONTRACTING
0
3. Section 237.102 is added to read as follows:
237.102 Policy.
(c) In addition to the prohibition on award of contracts for the
performance of inherently governmental functions, contracting officers
shall not award contracts for functions that are exempt from private
sector performance. See 207.503(e) for the associated documentation
requirement.
[FR Doc. E8-195 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P
