Defense Federal Acquisition Regulation Supplement; Competition Requirements for Purchases From Federal Prison Industries (DFARS Case 2008-D015), 46816-46817 [E8-18506]
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Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations
(3) Contract adjustment boards will
render decisions as expeditiously as
practicable. The Chair shall sign a
memorandum of decision disposing of
the case. The decision shall be dated
and shall contain the information
required by FAR 50.103–6. The
memorandum of decision shall not
contain any information classified
‘‘Confidential’’ or higher. The board’s
decision will be sent to the appropriate
official for implementation.
250.103–6
Disposition.
For requests denied or approved
below the Secretarial level, follow the
disposition procedures at PGI 250.103–
6.
250.104
Residual powers.
250.104–3 Special procedures for
unusually hazardous or nuclear risks.
250.104–3–70 Indemnification under
contracts involving both research and
development and other work.
When indemnification is to be
provided on contracts requiring both
research and development work and
other work, the contracting officer shall
insert an appropriate clause using the
authority of both 10 U.S.C. 2354 and
Public Law 85–804.
(a) The use of Public Law 85–804 is
limited to work which cannot be
indemnified under 10 U.S.C. 2354 and
is subject to compliance with FAR
50.104.
(b) Indemnification under 10 U.S.C.
2354 is covered by 235.070.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.203–7002
I
[Removed]
5. Section 252.203–7002 is removed.
Interim rule with request for
comments.
ACTION:
DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement to
implement Section 827 of the National
Defense Authorization Act for Fiscal
Year 2008. Section 827 requires the use
of competitive procedures in the
acquisition of items for which Federal
Prison Industries has a significant
market share.
DATES: Effective date: August 12, 2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before October 14, 2008, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D015,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2008–D015 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Michael
Benavides, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Æ 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
BILLING CODE 5001–08–P
Section 827 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) amended 10 U.S.C.
2410n to require the use of competitive
procedures in the acquisition of items
for which Federal Prison Industries
(FPI) has a significant market share.
Section 827 provides that FPI shall be
treated as having a significant share of
the market for a product if DoD, in
consultation with the Office of Federal
Procurement Policy, determines that the
FPI share of the DoD market for the
category of products including that
product is greater than 5 percent.
DoD has determined that FPI
presently has a significant market share
of the items in the following Federal
Supply Classes (FSC). DoD will update
the following list as necessary.
Defense Acquisition Regulations
System
48 CFR Part 208
ebenthall on PRODPC60 with RULES
RIN 0750–AG03
Defense Federal Acquisition
Regulation Supplement; Competition
Requirements for Purchases From
Federal Prison Industries (DFARS
Case 2008–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
VerDate Aug<31>2005
13:51 Aug 11, 2008
Jkt 214001
3510
SUMMARY:
[FR Doc. E8–18504 Filed 8–11–08; 8:45 am]
DEPARTMENT OF DEFENSE
FSC
PO 00000
Frm 00020
Fmt 4700
Sfmt 4700
5340
5935
5975
5995
6145
7110
7210
Description
Laundry and Dry Cleaning Equipment.
Miscellaneous Hardware.
Connectors, Electrical.
Electrical Hardware and Supplies.
Cable, cord, wire assemblies;
communications equipment.
Wire and cable, Electrical.
Office Furniture.
Household Furnishings.
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 has prepared an initial regulatory
flexibility analysis consistent with 5
U.S.C. 603. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
The objective of the rule is to provide
for competition in the acquisition of
items for which FPI has a significant
market share. The legal basis for the rule
is 10 U.S.C. 2410n, as amended by
Section 827 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). The rule is expected
to benefit small business concerns that
offer items for which FPI has a
significant market share, by permitting
those concerns to compete for
additional DoD contract awards. The
rule also could adversely impact small
business concerns that provide supplies
and services to FPI relative to the
affected items. The rule deviates from
the policy in Subpart 8.6 of the Federal
Acquisition Regulation with regard to
the acquisition of items from FPI. This
alternate DoD policy is necessary to
implement Section 827 of Public Law
110–181.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subpart in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2008–D015.
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
E:\FR\FM\12AUR1.SGM
12AUR1
Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations
prior to affording the public an
opportunity to comment. This interim
rule implements Section 827 of the
National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110–181).
Section 827 requires DoD to use
competitive procedures in the
acquisition of items for which FPI has
a significant share of the DoD market.
Comments received in response to this
interim rule will be considered in the
formation of the final rule.
List of Subjects in 48 CFR Part 208
Government procurement.
FPI, and make an award in accordance
with the policy at FAR 8.602(a)(4)(ii)
through (v).
(2) When acquiring an item for which
FPI does not have a significant market
share, acquire the item in accordance
with the policy at FAR 8.602.
[FR Doc. E8–18506 Filed 8–11–08; 8:45 am]
DEPARTMENT OF DEFENSE
Therefore, 48 CFR part 208 is
amended as follows:
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
AGENCY:
Subpart 208.6—Acquisition From
Federal Prison Industries, Inc.
DATES:
ebenthall on PRODPC60 with RULES
208.602–70 Acquisition of items for which
FPI has a significant market share.
(a) Scope. This subsection
implements Section 827 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181).
(b) Definition. Item for which FPI has
a significant market share, as used in
this subsection, means an item for
which FPI’s share of the DoD market for
the federal supply class including that
item is greater than 5 percent, as
determined by DoD in consultation with
the Office of Federal Procurement
Policy. A list of the federal supply
classes of items for which FPI has a
significant market share is maintained at
https://www.acq.osd.mil/dpap/cpic/cp/
specific_policy_areas.html#
federal_prison.
(c) Policy.
(1) When acquiring an item for which
FPI has a significant market share—
(i) Acquire the item using—
(A) Competitive procedures (e.g., the
procedures in FAR 6.102, the set-aside
procedures in FAR Subpart 19.5, or
competition conducted in accordance
with FAR Part 13); or
(B) The fair opportunity procedures in
FAR 16.505, if placing an order under
a multiple award delivery-order
contract; and
(ii) Include FPI in the solicitation
process, consider a timely offer from
13:51 Aug 11, 2008
Jkt 214001
Final rule.
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update a subpart heading, a
cross-reference, and a form title.
2. Subpart 208.6 is added to read as
follows:
I
VerDate Aug<31>2005
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
Subpart 208.7—Acquisition From
Nonprofit Agencies Employing People
Who Are Blind or Severely Disabled
236.570
48 CFR Parts 208, 236, and 252
1. The authority citation for 48 CFR
part 208 continues to read as follows:
2. The heading of Subpart 208.7 is
revised to read as follows:
I
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
I
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
BILLING CODE 5001–08–P
Defense Acquisition Regulations
System
I
46817
Effective Date: August 12, 2008.
Ms.
Michele Peterson, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0311;
facsimile 703–602–7887.
[Amended]
3. Section 236.570 is amended in
paragraph (b)(5) by removing ‘‘236.213–
70’’ and adding in its place ‘‘236.213’’.
I
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.235–7003
[Amended]
4. Section 252.235–7003 is amended
in Alternate I as follows:
I a. By revising the Alternate I date to
read ‘‘(AUG 2008)’’; and
I b. In the introductory text and in
paragraph (c) by removing ‘‘Application
for Frequency Authorization’’ and
adding in its place ‘‘Application for
Equipment Frequency Allocation’’.
I
[FR Doc. E8–18492 Filed 8–11–08; 8:45 am]
BILLING CODE 5001–08–P
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
This final rule amends DFARS text as
follows:
Æ Subpart 208.7. Updates the subpart
heading for consistency with the
heading of the corresponding Federal
Acquisition Regulation subpart.
Æ 236.570. Updates a cross-reference.
Æ 252.235–7003. Updates Alternate I
to reflect the current title of DD Form
1494.
List of Subjects in 48 CFR Parts 208,
236, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 208, 236, and
252 are amended as follows:
I 1. The authority citation for 48 CFR
parts 208, 236, and 252 continues to
read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PO 00000
Frm 00021
Fmt 4700
Sfmt 4700
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: 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 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: August 12, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Michael Benavides, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
E:\FR\FM\12AUR1.SGM
12AUR1
]]>Agencies
[Federal Register Volume 73, Number 156 (Tuesday, August 12, 2008)]
[Rules and Regulations]
[Pages 46816-46817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18506]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 208
RIN 0750-AG03
Defense Federal Acquisition Regulation Supplement; Competition
Requirements for Purchases From Federal Prison Industries (DFARS Case
2008-D015)
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 to implement Section 827 of the
National Defense Authorization Act for Fiscal Year 2008. Section 827
requires the use of competitive procedures in the acquisition of items
for which Federal Prison Industries has a significant market share.
DATES: Effective date: August 12, 2008.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before October 14, 2008, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2008-D015,
using any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2008-D015 in the
subject line of the message.
[cir] Fax: 703-602-7887.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Michael Benavides, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062.
[cir] 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: Mr. Michael Benavides, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
Section 827 of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181) amended 10 U.S.C. 2410n to require the use
of competitive procedures in the acquisition of items for which Federal
Prison Industries (FPI) has a significant market share. Section 827
provides that FPI shall be treated as having a significant share of the
market for a product if DoD, in consultation with the Office of Federal
Procurement Policy, determines that the FPI share of the DoD market for
the category of products including that product is greater than 5
percent.
DoD has determined that FPI presently has a significant market
share of the items in the following Federal Supply Classes (FSC). DoD
will update the following list as necessary.
FSC Description
3510 Laundry and Dry Cleaning Equipment.
5340 Miscellaneous Hardware.
5935 Connectors, Electrical.
5975 Electrical Hardware and Supplies.
5995 Cable, cord, wire assemblies;
communications equipment.
6145 Wire and cable, Electrical.
7110 Office Furniture.
7210 Household Furnishings.
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 has prepared an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained
from the point of contact specified herein. The analysis is summarized
as follows:
The objective of the rule is to provide for competition in the
acquisition of items for which FPI has a significant market share. The
legal basis for the rule is 10 U.S.C. 2410n, as amended by Section 827
of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L.
110-181). The rule is expected to benefit small business concerns that
offer items for which FPI has a significant market share, by permitting
those concerns to compete for additional DoD contract awards. The rule
also could adversely impact small business concerns that provide
supplies and services to FPI relative to the affected items. The rule
deviates from the policy in Subpart 8.6 of the Federal Acquisition
Regulation with regard to the acquisition of items from FPI. This
alternate DoD policy is necessary to implement Section 827 of Public
Law 110-181.
DoD invites comments from small businesses and other interested
parties. DoD also will consider comments from small entities concerning
the affected DFARS subpart in accordance with 5 U.S.C. 610. Such
comments should be submitted separately and should cite DFARS Case
2008-D015.
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
[[Page 46817]]
prior to affording the public an opportunity to comment. This interim
rule implements Section 827 of the National Defense Authorization Act
for Fiscal Year 2008 (Pub. L. 110-181). Section 827 requires DoD to use
competitive procedures in the acquisition of items for which FPI has a
significant share of the DoD market. Comments received in response to
this interim rule will be considered in the formation of the final
rule.
List of Subjects in 48 CFR Part 208
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 208 is amended as follows:
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
1. The authority citation for 48 CFR part 208 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Subpart 208.6 is added to read as follows:
Subpart 208.6--Acquisition From Federal Prison Industries, Inc.
208.602-70 Acquisition of items for which FPI has a significant market
share.
(a) Scope. This subsection implements Section 827 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(b) Definition. Item for which FPI has a significant market share,
as used in this subsection, means an item for which FPI's share of the
DoD market for the federal supply class including that item is greater
than 5 percent, as determined by DoD in consultation with the Office of
Federal Procurement Policy. A list of the federal supply classes of
items for which FPI has a significant market share is maintained at
https://www.acq.osd.mil/dpap/cpic/cp/specific_policy_
areas.html#federal--prison.
(c) Policy.
(1) When acquiring an item for which FPI has a significant market
share--
(i) Acquire the item using--
(A) Competitive procedures (e.g., the procedures in FAR 6.102, the
set-aside procedures in FAR Subpart 19.5, or competition conducted in
accordance with FAR Part 13); or
(B) The fair opportunity procedures in FAR 16.505, if placing an
order under a multiple award delivery-order contract; and
(ii) Include FPI in the solicitation process, consider a timely
offer from FPI, and make an award in accordance with the policy at FAR
8.602(a)(4)(ii) through (v).
(2) When acquiring an item for which FPI does not have a
significant market share, acquire the item in accordance with the
policy at FAR 8.602.
[FR Doc. E8-18506 Filed 8-11-08; 8:45 am]
BILLING CODE 5001-08-P
