Defense Federal Acquisition Regulation Supplement; Separation of Senior Roles in Source Selection (DFARS Case 2008-D037), 2407-2408 [E9-666]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
B. Regulatory Flexibility Act
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202 and 218
RIN 0750–AG19
Defense Federal Acquisition
Regulation Supplement; Contract
Actions Supporting Contingency
Operations or Facilitating Defense
Against or Recovery From Nuclear,
Biological, Chemical, or Radiological
Attack (DFARS Case 2008–D026)
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 determination
requirements with regard to the use of
emergency acquisition flexibilities for
contract actions supporting contingency
operations or facilitating defense against
or recovery from nuclear, biological,
chemical, or radiological attack. The
rule lowers the DoD level of approval
for such determinations.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Angie Sawyer, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8384;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D026.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC66 with RULES
A. Background
Subpart 18.2 of the Federal
Acquisition Regulation (FAR) provides
for certain flexibilities in the execution
of contracts for supplies and services
that are determined by the head of the
agency to be used to support a
contingency operation or to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack. In accordance with
the delegation of authority provision at
FAR 1.108(b), this final rule adds a new
section at DFARS 218.270 to authorize
heads of DoD contracting activities to
make the determination addressed in
FAR Subpart 18.2. The rule will
facilitate the use of streamlined
acquisition procedures in emergency
situations.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
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16:54 Jan 14, 2009
Jkt 217001
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 2008–D026.
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 202 and
218
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 202 and 218
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 202 and 218 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 202—DEFINITIONS OF WORDS
AND TERMS
202.101
[Amended]
2. Section 202.101 is amended in the
definition of ‘‘Head of the agency’’ by
adding at the end ‘‘(For emergency
acquisition flexibilities, see 218.270.)’’.
■
PART 218—EMERGENCY
ACQUISITIONS
3. Section 218.270 is added to read as
follows:
218.270 Head of contracting activity
determinations.
For contract actions supporting
contingency operations or facilitating
defense against or recovery from
nuclear, biological, chemical, or
radiological attack, the term ‘‘head of
the agency’’ is replaced with ‘‘head of
the contracting activity,’’ as defined in
FAR 2.101, in the following locations:
(a) FAR 2.101:
(1) Definition of ‘‘Micro-purchase
threshold,’’ paragraph (3).
(2) Definition of ‘‘Simplified
acquisition threshold.’’
(b) FAR 12.102(f).
(c) FAR 13.201(g).
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Fmt 4700
Sfmt 4700
(d) FAR 13.500(e).
(e) FAR 18.2.
[FR Doc. E9–676 Filed 1–14–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 203
RIN 0750–AG21
Defense Federal Acquisition
Regulation Supplement; Separation of
Senior Roles in Source Selection
(DFARS Case 2008–D037)
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 the
separation of functions in source
selection. The rule requires the military
departments and defense agencies to
certify every two years that no senior
leader has performed multiple roles in
the acquisition of a major weapon
system or major service.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Angie Sawyer, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8384;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D037.
SUPPLEMENTARY INFORMATION:
A. Background
■
PO 00000
2407
DFARS 203.170(a) prohibits DoD
senior leaders from performing multiple
roles in major source selections. To
reinforce this policy, this final rule adds
a requirement for DoD departments and
agencies to certify every two years that
no senior leader has performed multiple
roles in the acquisition of a major
weapon system or major service.
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
E:\FR\FM\15JAR1.SGM
15JAR1
2408
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
41 U.S.C. 418b is not required.
However, DoD will consider comments
from small entities concerning the
affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2008–D037.
DEPARTMENT OF DEFENSE
C. Paperwork Reduction Act
RIN 0750–AG07
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.
Defense Federal Acquisition
Regulation Supplement; Senior DoD
Officials Seeking Employment With
Defense Contractors (DFARS Case
2008–D007)
List of Subjects in 48 CFR Part 203
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 203 is
amended as follows:
■
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
1. The authority citation for 48 CFR
part 203 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 203.170 is amended by
revising paragraph (a) to read as follows:
■
203.170
Business practices.
*
*
*
*
*
(a) Senior leaders shall not perform
multiple roles in source selection for a
major weapon system or major service
acquisition. Departments and agencies
shall certify every 2 years that no senior
leader has performed multiple roles in
the acquisition of a major weapon
system or major service. Completed
certifications shall be forwarded to the
Director, Defense Procurement, in
accordance with the procedures at PGI
203.170.
*
*
*
*
*
[FR Doc. E9–666 Filed 1–14–09; 8:45 am]
mstockstill on PROD1PC66 with RULES
BILLING CODE 5001–08–P
Defense Acquisition Regulations
System
48 CFR Parts 203, 209, and 252
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
(DFARS) to implement Section 847 of
the National Defense Authorization Act
for Fiscal Year 2008. Section 847
addresses requirements for senior DoD
officials to obtain a post-employment
ethics opinion before accepting a
position from a DoD contractor within
two years after leaving DoD service.
DATES: Effective date: January 15, 2009.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before March 16, 2009, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D007,
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–D007 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Angie
Sawyer, 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: Ms.
Angie Sawyer, 703–602–8484.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section
847 of the National Defense
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16:54 Jan 14, 2009
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PO 00000
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Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). Section 847 requires
that a DoD official, who has participated
personally and substantially in a DoD
acquisition exceeding $10 million or
who has held a key acquisition position,
must obtain a written opinion from a
DoD ethics counselor regarding the
activities that the official may undertake
on behalf of a DoD contractor within
two years after leaving DoD service. In
addition, Section 847 prohibits a DoD
contractor from providing compensation
to such a DoD official without first
determining that the official has
received or appropriately requested a
post-employment ethics opinion.
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 does not expect this rule to 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 requirement to verify that a
prospective employee has received or
requested the appropriate DoD ethics
opinion should involve minimal effort
on the part of a contractor. Therefore,
DoD has not performed an initial
regulatory flexibility analysis. DoD
invites comments from small businesses
and other interested parties. DoD also
will consider comments from small
entities concerning the affected DFARS
subparts in accordance with 5 U.S.C.
610. Such comments should be
submitted separately and should cite
DFARS Case 2008–D007.
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 prior to
affording the public an opportunity to
comment. This interim rule implements
Section 847 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). Section 847 requires
that DoD officials that have participated
personally and substantially in a DoD
acquisition exceeding $10 million, or
that have held certain key acquisition
positions, must obtain a written opinion
from the appropriate DoD ethics
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2407-2408]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-666]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 203
RIN 0750-AG21
Defense Federal Acquisition Regulation Supplement; Separation of
Senior Roles in Source Selection (DFARS Case 2008-D037)
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
the separation of functions in source selection. The rule requires the
military departments and defense agencies to certify every two years
that no senior leader has performed multiple roles in the acquisition
of a major weapon system or major service.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile
703-602-7887. Please cite DFARS Case 2008-D037.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS 203.170(a) prohibits DoD senior leaders from performing
multiple roles in major source selections. To reinforce this policy,
this final rule adds a requirement for DoD departments and agencies to
certify every two years that no senior leader has performed multiple
roles in the acquisition of a major weapon system or major service.
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
[[Page 2408]]
41 U.S.C. 418b is not required. However, DoD will consider comments
from small entities concerning the affected DFARS subpart in accordance
with 5 U.S.C. 610. Such comments should cite DFARS Case 2008-D037.
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 Part 203
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 203 is amended as follows:
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
1. The authority citation for 48 CFR part 203 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 203.170 is amended by revising paragraph (a) to read as
follows:
203.170 Business practices.
* * * * *
(a) Senior leaders shall not perform multiple roles in source
selection for a major weapon system or major service acquisition.
Departments and agencies shall certify every 2 years that no senior
leader has performed multiple roles in the acquisition of a major
weapon system or major service. Completed certifications shall be
forwarded to the Director, Defense Procurement, in accordance with the
procedures at PGI 203.170.
* * * * *
[FR Doc. E9-666 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P
