Defense Federal Acquisition Regulation Supplement; Use of Commercial Software (DFARS Case 2008-D044), 34269-34270 [E9-16659]
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Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
(b) A determination to use a
contractor to perform lead system
integrator functions in accordance with
209.570–2(c)(2)—
(1) Shall specify the reasons why it
would not be practicable to carry out the
acquisition without continuing to use a
contractor to perform lead system
integrator functions, including a
discussion of alternatives, such as use of
the DoD workforce or a system
engineering and technical assistance
contractor;
(2) Shall include a plan for phasing
out the use of contracted lead system
integrator functions over the shortest
period of time consistent with the
interest of the national defense; and
(3) Shall be provided to the
Committees on Armed Services of the
Senate and the House of Representatives
at least 45 days before the award of a
contract pursuant to the determination.
PART 237—SERVICE CONTRACTING
4. Section 237.102–72 is added to read
as follows:
■
237.102–72
services.
Contracts for management
srobinson on DSKHWCL6B1PROD with RULES
In accordance with Section 802 of the
National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110–181), DoD
may award a contract for the acquisition
of services the primary purpose of
which is to perform acquisition support
functions with respect to the
development or production of a major
system, only if—
(a) The contract prohibits the
contractor from performing inherently
governmental functions;
(b) The DoD organization responsible
for the development or production of
the major system ensures that Federal
employees are responsible for
determining—
(1) Courses of action to be taken in the
best interest of the Government; and
(2) Best technical performance for the
warfighter; and
(c) The contract requires that the
prime contractor for the contract may
not advise or recommend the award of
a contract or subcontract for the
development or production of the major
system to an entity owned in whole or
in part by the prime contractor.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Section 252.209–7007 is amended
by revising the clause date and
paragraphs (a)(2), (a)(3), and (e) to read
as follows:
■
VerDate Nov<24>2008
15:15 Jul 14, 2009
Jkt 217001
252.209–7007 Prohibited Financial
Interests for Lead System Integrators.
*
*
*
*
*
PROHIBITED FINANCIAL INTERESTS FOR
LEAD SYSTEM INTEGRATORS (JUL 2009)
(a) * * *
(2) Lead system integrator with system
responsibility means a prime contractor for
the development or production of a major
system, if the prime contractor is not
expected at the time of award to perform a
substantial portion of the work on the system
and the major subsystems.
(3) Lead system integrator without system
responsibility means a prime contractor
under a contract for the procurement of
services, the primary purpose of which is to
perform acquisition functions closely
associated with inherently governmental
functions (see section 7.503(d) of the Federal
Acquisition Regulation) with respect to the
development or production of a major
system.
*
*
*
*
*
(e) This clause implements the
requirements of 10 U.S.C. 2410p, as
added by Section 807 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364), and
Section 802 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181).
[FR Doc. E9–16676 Filed 7–14–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212 and 239
RIN 0750–AG32
Defense Federal Acquisition
Regulation Supplement; Use of
Commercial Software (DFARS Case
2008–D044)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 803 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 803
requires DoD to identify and evaluate, at
all stages of the acquisition process,
opportunities for the use of commercial
computer software and other nondevelopmental software.
DATES: Effective Date: July 15, 2009.
FOR FURTHER INFORMATION CONTACT: Mr.
Julian Thrash, Defense Acquisition
Regulations System,
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
34269
OUSD(AT&L)DPAP(DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0310;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D044.
SUPPLEMENTARY INFORMATION:
A. Background
Section 803 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417) requires DoD to
ensure that contracting officials identify
and evaluate, at all stages of the
acquisition process (including concept
refinement, concept decision, and
technology development), opportunities
for the use of commercial computer
software and other non-developmental
software. This final rule adds text at
DFARS 212.212 to address the
requirements of Section 803 of Public
Law 110–117. In addition, the rule adds
cross-references to existing DFARS
policy regarding the acquisition of
commercial software, software
maintenance, and software
documentation.
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 2008–D044.
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 212 and
239
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212 and 239
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212 and 239 continues to read as
follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
E:\FR\FM\15JYR1.SGM
15JYR1
34270
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Rules and Regulations
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Section 212.212 is revised to read
as follows:
■
212.212
Computer software.
(1) Departments and agencies shall
identify and evaluate, at all stages of the
acquisition process (including concept
refinement, concept decision, and
technology development), opportunities
for the use of commercial computer
software and other non-developmental
software in accordance with Section 803
of the National Defense Authorization
Act for Fiscal Year 2009 (Pub. L. 110–
417).
(2) See Subpart 208.74 when
acquiring commercial software or
software maintenance. See 227.7202 for
policy on the acquisition of commercial
computer software and commercial
computer software documentation.
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
3. Section 239.101 is amended by
adding a second sentence to read as
follows:
■
239.101
Policy.
* * * See 227.7202 for policy on the
acquisition of commercial computer
software and commercial computer
software documentation.
[FR Doc. E9–16659 Filed 7–14–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
RIN 0750–AG24
Defense Federal Acquisition
Regulation Supplement; Limitation on
Procurements on Behalf of DoD
(DFARS Case 2008–D005)
srobinson on DSKHWCL6B1PROD with RULES
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
15:15 Jul 14, 2009
Jkt 217001
610. Such comments should be
submitted separately and should cite
DFARS Case 2008–D005.
A. Background
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
This interim rule implements Section
801 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). Section 801 places
limitations on acquisitions made by
non-DoD agencies on behalf of DoD.
Such acquisitions exceeding the
simplified acquisition threshold may be
made only if the head of the non-DoD
agency has certified that the non-DoD
agency will comply with defense
procurement requirements for the fiscal
year.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 801 of
the National Defense Authorization Act
for Fiscal Year 2008. Section 801
addresses internal controls for
procurements made by non-DoD
agencies on behalf of DoD.
DATES: Effective date: July 15, 2009.
VerDate Nov<24>2008
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before September 14, 2009, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2008–D005,
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 2008–D005 in the subject
line of the message.
• Fax: 703–602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Ms.
Cassandra Freeman, 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: Ms.
Cassandra Freeman, 703–602–8383.
SUPPLEMENTARY INFORMATION:
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 requirements of the rule are
internal to the Government. 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
subpart in accordance with 5 U.S.C.
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
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 801 of the
National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110–181).
Section 801 places limitations on
acquisitions made by non-DoD agencies
on behalf of DoD, and requires DoD to
issue guidance on the appropriate use of
interagency contracting. 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 217
Government procurement.
Therefore, 48 CFR part 217 is
amended as follows:
■
PART 217—SPECIAL CONTRACTING
METHODS
1. The authority citation for 48 CFR
part 217 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 217.7800 is amended by
revising paragraph (a) to read as follows:
■
217.7800
Scope of subpart.
*
*
*
*
*
(a) Implements Section 854 of the
National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108–375) and
Section 801 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181); and
*
*
*
*
*
■ 3. Sections 217.7801 and 217.7802 are
revised to read as follows:
217.7801
Definitions.
As used in this subpart—
Acquisition official means—
(1) A DoD contracting officer; or
(2) Any other DoD official authorized
to approve a direct acquisition or an
assisted acquisition on behalf of DoD.
E:\FR\FM\15JYR1.SGM
15JYR1
]]>Agencies
[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34269-34270]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-16659]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 239
RIN 0750-AG32
Defense Federal Acquisition Regulation Supplement; Use of
Commercial Software (DFARS Case 2008-D044)
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 implement Section 803 of
the National Defense Authorization Act for Fiscal Year 2009. Section
803 requires DoD to identify and evaluate, at all stages of the
acquisition process, opportunities for the use of commercial computer
software and other non-developmental software.
DATES: Effective Date: July 15, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile
703-602-7887. Please cite DFARS Case 2008-D044.
SUPPLEMENTARY INFORMATION:
A. Background
Section 803 of the National Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110-417) requires DoD to ensure that contracting
officials identify and evaluate, at all stages of the acquisition
process (including concept refinement, concept decision, and technology
development), opportunities for the use of commercial computer software
and other non-developmental software. This final rule adds text at
DFARS 212.212 to address the requirements of Section 803 of Public Law
110-117. In addition, the rule adds cross-references to existing DFARS
policy regarding the acquisition of commercial software, software
maintenance, and software documentation.
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
2008-D044.
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 212 and 239
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 212 and 239 are amended as follows:
0
1. The authority citation for 48 CFR parts 212 and 239 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 34270]]
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.212 is revised to read as follows:
212.212 Computer software.
(1) Departments and agencies shall identify and evaluate, at all
stages of the acquisition process (including concept refinement,
concept decision, and technology development), opportunities for the
use of commercial computer software and other non-developmental
software in accordance with Section 803 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(2) See Subpart 208.74 when acquiring commercial software or
software maintenance. See 227.7202 for policy on the acquisition of
commercial computer software and commercial computer software
documentation.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
3. Section 239.101 is amended by adding a second sentence to read as
follows:
239.101 Policy.
* * * See 227.7202 for policy on the acquisition of commercial
computer software and commercial computer software documentation.
[FR Doc. E9-16659 Filed 7-14-09; 8:45 am]
BILLING CODE 5001-08-P
