Defense Federal Acquisition Regulation Supplement; Commercial Item Determinations (DFARS Case 2007-D005), 4114 [E8-1121]
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Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Rules and Regulations
48 CFR Parts 207 and 212
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–D005.
RIN 0750–AF78
C. Paperwork Reduction Act
Defense Federal Acquisition
Regulation Supplement; Commercial
Item Determinations (DFARS Case
2007–D005)
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.
Executive Order 12866, dated
September 30, 1993.
DEPARTMENT OF DEFENSE
B. Regulatory Flexibility Act
Defense Acquisition Regulations
System
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 pertains to
administrative procedures for contract
closeout functions 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 204 and
244
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204 and 244
are amended as follows:
I 1. The authority citation for 48 CFR
parts 204 and 244 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
Closeout of contract files.
Contracting officers shall close out
contracts in accordance with the
procedures at PGI 204.804. The closeout
date for file purposes shall be
determined and documented by the
procuring contracting officer.
204.804–1 and 204.804–2
[Removed]
3. Sections 204.804–1 and 204.804–2
are removed.
I
PART 244—SUBCONTRACTING
POLICIES AND PROCEDURES
4. Section 244.304 is amended in
paragraph (b) by revising the second
sentence to read as follows:
I
jlentini on PROD1PC65 with RULES
244.304
(b) * * * See PGI 244.304(b) for
guidance on how weaknesses may arise
and may be discovered.
[FR Doc. E8–1093 Filed 1–23–08; 8:45 am]
BILLING CODE 5001–08–P
19:26 Jan 23, 2008
FAR Part 12, Acquisition of
Commercial Items, applies to the
acquisition of supplies or services that
meet the definition of ‘‘commercial
item’’ in FAR 2.101. To emphasize the
applicability of FAR Part 12, this
DFARS rule specifies that, when using
FAR Part 12 procedures for acquisitions
exceeding $1 million in value, the
contracting officer must determine in
writing that the acquisition meets the
commercial item definition in FAR
2.101, and the contracting officer must
include the written determination in the
contract file.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
Surveillance.
VerDate Aug<31>2005
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to address requirements for
DoD contracting officers to ensure that
an item meets the definition of
‘‘commercial item’’ specified in the
Federal Acquisition Regulation (FAR),
when using commercial item
procedures for acquisitions exceeding
$1 million in value.
DATES: Effective Date: January 24, 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–D005.
SUPPLEMENTARY INFORMATION:
A. Background
2. Section 204.804 is revised to read
as follows:
I
204.804
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
Jkt 214001
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
PO 00000
Frm 00064
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Parts 207 and
212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 207 and 212
are amended as follows:
I
1. The authority citation for 48 CFR
parts 207 and 212 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 207—ACQUISITION PLANNING
2. Section 207.102 is added to read as
follows:
I
207.102
Policy.
(a)(1) See 212.102 regarding
requirements for a written
determination that the commercial item
definition has been met when using
FAR Part 12 procedures.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
3. Subpart 212.1 is added to read as
follows:
I
Subpart 212.1—Acquisition of
Commercial Items—General
212.102
Applicability.
(a)(i) When using FAR Part 12
procedures for acquisitions exceeding
$1 million in value, the contracting
officer shall—
(A) Determine in writing that the
acquisition meets the commercial item
definition in FAR 2.101; and
(B) Include the written determination
in the contract file.
(ii) Follow the procedures at PGI
212.102(a) regarding file documentation.
[FR Doc. E8–1121 Filed 1–23–08; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Page 4114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1121]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207 and 212
RIN 0750-AF78
Defense Federal Acquisition Regulation Supplement; Commercial
Item Determinations (DFARS Case 2007-D005)
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 requirements for
DoD contracting officers to ensure that an item meets the definition of
``commercial item'' specified in the Federal Acquisition Regulation
(FAR), when using commercial item procedures for acquisitions exceeding
$1 million in value.
DATES: Effective Date: January 24, 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-D005.
SUPPLEMENTARY INFORMATION:
A. Background
FAR Part 12, Acquisition of Commercial Items, applies to the
acquisition of supplies or services that meet the definition of
``commercial item'' in FAR 2.101. To emphasize the applicability of FAR
Part 12, this DFARS rule specifies that, when using FAR Part 12
procedures for acquisitions exceeding $1 million in value, the
contracting officer must determine in writing that the acquisition
meets the commercial item definition in FAR 2.101, and the contracting
officer must include the written determination in the contract file.
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-D005.
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 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 207 and 212 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 212 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
0
2. Section 207.102 is added to read as follows:
207.102 Policy.
(a)(1) See 212.102 regarding requirements for a written
determination that the commercial item definition has been met when
using FAR Part 12 procedures.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Subpart 212.1 is added to read as follows:
Subpart 212.1--Acquisition of Commercial Items--General
212.102 Applicability.
(a)(i) When using FAR Part 12 procedures for acquisitions exceeding
$1 million in value, the contracting officer shall--
(A) Determine in writing that the acquisition meets the commercial
item definition in FAR 2.101; and
(B) Include the written determination in the contract file.
(ii) Follow the procedures at PGI 212.102(a) regarding file
documentation.
[FR Doc. E8-1121 Filed 1-23-08; 8:45 am]
BILLING CODE 5001-08-P
