Defense Federal Acquisition Regulation Supplement; Delegation of Authority for Single Award Task or Delivery Order Contracts (DFARS Case 2008-D017), 2416-2417 [E9-673]
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2416
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
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 824 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). Section 824 amended
the DoD pilot program that permits the
use of streamlined procedures in the
award of contracts and subcontracts that
follow other transaction agreements, to
include items developed under research
projects within the scope of the
program. The pilot program is intended
to ease the transition of nontraditional
defense contractors from the use of
other transaction agreements to standard
contracts. 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 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 212.7002–1 is amended by
revising paragraphs (a)(2) and (4) to read
as follows:
■
212.7002–1
Contracts under the program.
mstockstill on PROD1PC66 with RULES
(a) * * *
(2) Is a follow-on contract for the
production of an item or process begun
as a prototype project under an other
transaction agreement or as a research
project carried out in accordance with
10 U.S.C. 2371;
*
*
*
*
*
(4) Is awarded on or before September
30, 2010; and
*
*
*
*
*
■ 3. Section 212.7002–2 is amended by
revising paragraphs (a)(1) and (3) to read
as follows:
212.7002–2
program.
Subcontracts under the
(a) * * *
(1) Is for the production of an item or
process begun as a prototype project
under an other transaction agreement or
VerDate Nov<24>2008
16:54 Jan 14, 2009
Jkt 217001
as a research project carried out in
accordance with 10 U.S.C. 2371;
*
*
*
*
*
(3) Is awarded on or before September
30, 2010;
*
*
*
*
*
[FR Doc. E9–667 Filed 1–14–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 216
RIN 0750–AG14
Defense Federal Acquisition
Regulation Supplement; Delegation of
Authority for Single Award Task or
Delivery Order Contracts (DFARS Case
2008–D017)
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 Federal Acquisition
Regulation provisions that permit the
award of a single source task or delivery
order contract exceeding $100 million,
if the head of the agency determines it
is necessary in the public interest. The
DFARS rule specifies that the authority
to make such a determination may not
be delegated below the level of the
senior procurement executive.
DATES: Effective Date: January 15, 2009.
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 2008–D017.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule amending the Federal
Acquisition Regulation (FAR) was
published at 73 FR 54008 on September
17, 2008, to implement Section 843 of
the National Defense Authorization Act
for Fiscal Year 2008 (Pub. L. 110–181).
Section 843 prohibits the award of a
task or delivery order contract in an
amount exceeding $100 million to a
single source unless the head of the
agency determines that: the task or
delivery orders expected under the
contract are so integrally related that
only a single source can reasonably
PO 00000
Frm 00124
Fmt 4700
Sfmt 4700
perform the work; the contract provides
only for firm-fixed-price task or delivery
orders; only one source is qualified and
capable of performing the work at a
reasonable price to the Government; or
it is necessary in the public interest to
award the contract to a single source
due to exceptional circumstances. With
regard to the delegation of authority
provision at FAR 1.108(b), this DFARS
rule specifies that the head of the
agency may not delegate the authority to
make a single source public interest
determination below the level of the
senior procurement executive. The rule
also requires that a copy of any
determination authorizing the award of
a single source task or delivery order
contract be submitted to the Deputy
Director, Defense Procurement (Contract
Policy and International Contracting).
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 subpart in accordance
with 5 U.S.C. 610. Such comments
should cite DFARS Case 2008–D017.
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 216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 216 is
amended as follows:
■
PART 216—TYPES OF CONTRACTS
1. The authority citation for 48 CFR
part 216 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 216.504 is added to read as
follows:
■
216.504
Indefinite-quantity contracts.
(c)(1)(ii)(D) Limitation on single
award contracts.
E:\FR\FM\15JAR1.SGM
15JAR1
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
(1) The authority to make the
determination authorized in FAR
16.504(c)(1)(ii)(D)(1)(iv) shall not be
delegated below the level of the senior
procurement executive.
(3) A copy of any determination made
in accordance with FAR
16.504(c)(1)(ii)(D) shall be submitted to:
Deputy Director, Defense Procurement
(Contract Policy and International
Contracting), OUSD (AT&L) DPAP
(CPIC), 3060 Defense Pentagon,
Washington, DC 20301–3060.
[FR Doc. E9–673 Filed 1–14–09; 8:45 am]
BILLING CODE 5001–08–P
A. Background
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225, 236, and 252
RIN 0750–AG16
Defense Federal Acquisition
Regulation Supplement; Steel for
Military Construction Projects (DFARS
Case 2008–D038)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
mstockstill on PROD1PC66 with RULES
16:54 Jan 14, 2009
Jkt 217001
Section 108 of the Military
Construction and Veterans Affairs
Appropriations Act, 2009 (Pub. L. 110–
329, Division E) prohibits the use of
funds appropriated in Title I of that Act
for the procurement of steel for any
military construction project or activity
for which American steel producers,
fabricators, or manufacturers have been
denied the opportunity to compete. This
interim rule adds DFARS policy and a
contract clause to implement the
statutory prohibition.
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 issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 108 of
the Military Construction and Veterans
Affairs Appropriations Act, 2009.
Section 108 requires that American steel
producers, fabricators, and
manufacturers be given the opportunity
to compete for contracts and
subcontracts for the acquisition of steel
for use in military construction projects
or activities.
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–D038,
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–D038 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
SUMMARY:
VerDate Nov<24>2008
Williams, 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.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
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:
This interim rule implements Section
108 of the Military Construction and
Veterans Affairs Appropriations Act,
2009. The objective of the rule is to
ensure that American steel producers,
fabricators, and manufacturers are given
the opportunity to compete for contracts
and subcontracts for the acquisition of
steel for use in military construction
projects and activities. Existing Buy
American Act and Balance of Payments
Program requirements, implemented in
FAR Subpart 25.2 and DFARS Subpart
225.75 respectively, already provide for
DoD acquisition of domestic
construction materials, including steel.
However, this DFARS rule will prohibit
use of the exceptions to Buy American
Act/Balance of Program requirements
otherwise permitted by FAR/DFARS,
with regard to the acquisition of steel,
unless American steel producers,
fabricators, and manufacturers are first
provided the opportunity to compete.
The rule is expected to benefit
American steel producers, fabricators,
and manufacturers by ensuring they are
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Frm 00125
Fmt 4700
Sfmt 4700
2417
provided an opportunity to compete for
contracts and subcontracts for the
acquisition of steel for use in military
construction projects and activities.
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–D038.
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 108 of the Military Construction
and Veterans Affairs Appropriations
Act, 2009 (Pub. L. 110–329, Division E).
Section 108 establishes a prohibition on
the expenditure of funds for the
procurement of steel for any military
construction project or activity, unless
American steel producers, fabricators,
and manufacturers have been provided
an opportunity to compete. Comments
received in response to this interim rule
will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Parts 225,
236, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225, 236, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225, 236, and 252 continues to
read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. Section 225.7014 is revised to read
as follows:
■
225.7014 Restrictions on military
construction.
(a) For restriction on award of military
construction contracts to be performed
in the United States outlying areas in
the Pacific and on Kwajalein Atoll, or in
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2416-2417]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-673]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 216
RIN 0750-AG14
Defense Federal Acquisition Regulation Supplement; Delegation of
Authority for Single Award Task or Delivery Order Contracts (DFARS Case
2008-D017)
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 Federal
Acquisition Regulation provisions that permit the award of a single
source task or delivery order contract exceeding $100 million, if the
head of the agency determines it is necessary in the public interest.
The DFARS rule specifies that the authority to make such a
determination may not be delegated below the level of the senior
procurement executive.
DATES: Effective Date: January 15, 2009.
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 2008-D017.
SUPPLEMENTARY INFORMATION:
A. Background
An interim rule amending the Federal Acquisition Regulation (FAR)
was published at 73 FR 54008 on September 17, 2008, to implement
Section 843 of the National Defense Authorization Act for Fiscal Year
2008 (Pub. L. 110-181). Section 843 prohibits the award of a task or
delivery order contract in an amount exceeding $100 million to a single
source unless the head of the agency determines that: the task or
delivery orders expected under the contract are so integrally related
that only a single source can reasonably perform the work; the contract
provides only for firm-fixed-price task or delivery orders; only one
source is qualified and capable of performing the work at a reasonable
price to the Government; or it is necessary in the public interest to
award the contract to a single source due to exceptional circumstances.
With regard to the delegation of authority provision at FAR 1.108(b),
this DFARS rule specifies that the head of the agency may not delegate
the authority to make a single source public interest determination
below the level of the senior procurement executive. The rule also
requires that a copy of any determination authorizing the award of a
single source task or delivery order contract be submitted to the
Deputy Director, Defense Procurement (Contract Policy and International
Contracting).
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 subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D017.
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 216
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 216 is amended as follows:
PART 216--TYPES OF CONTRACTS
0
1. The authority citation for 48 CFR part 216 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 216.504 is added to read as follows:
216.504 Indefinite-quantity contracts.
(c)(1)(ii)(D) Limitation on single award contracts.
[[Page 2417]]
(1) The authority to make the determination authorized in FAR
16.504(c)(1)(ii)(D)(1)(iv) shall not be delegated below the level of
the senior procurement executive.
(3) A copy of any determination made in accordance with FAR
16.504(c)(1)(ii)(D) shall be submitted to: Deputy Director, Defense
Procurement (Contract Policy and International Contracting), OUSD
(AT&L) DPAP (CPIC), 3060 Defense Pentagon, Washington, DC 20301-3060.
[FR Doc. E9-673 Filed 1-14-09; 8:45 am]
BILLING CODE 5001-08-P
