Defense Federal Acquisition Regulation Supplement; Competition Requirements for Purchases From Federal Prison Industries (DFARS Case 2008-D015), 59914-59916 [E9-27848]
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59914
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
on January 15, 2009, is adopted as a
final rule without change.
Executive Order 12866, dated
September 30, 1993.
[FR Doc. E9–27849 Filed 11–18–09; 8:45 am]
B. Regulatory Flexibility Act
BILLING CODE 5001–08–P
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.
Although the rule contains a
requirement for contractors to inform
employees in writing of their
whistleblower rights and protections,
compliance with this requirement is not
expected to have a significant cost or
administrative impact on contractors.
A. Background
This final rule amends DFARS text at
205.301, by correcting the crossreference in paragraph (a)(s–70)(i)(B) to
the exception for acquisitions of
chemical warfare protective clothing
from the restrictions on food, clothing,
fabrics, and hand or measuring tools at
225.7002.
C. Paperwork Reduction Act
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 203 and 252
RIN 0750–AG09
Defense Federal Acquisition
Regulation Supplement; Whistleblower
Protections for Contractor Employees
(DFARS Case 2008–D012)
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 846 of
the National Defense Authorization Act
for Fiscal Year 2008 and section 842 of
the National Defense Authorization Act
for Fiscal Year 2009. These laws address
protections for contractor employees
who disclose information to
Government officials with regard to
waste or mismanagement, danger to
public health or safety, or violation of
law related to a DoD contract.
DATES: Effective Date: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D012.
SUPPLEMENTARY INFORMATION:
erowe on DSK5CLS3C1PROD with RULES
A. Background
DoD published an interim rule at 74
FR 2410 on January 15, 2009, to
implement section 846 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181) and Section
842 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). These laws address
whistleblower rights and protections for
DoD contractor employees.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was subject to Office of
Management and Budget review under
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
Telephone 703–602–0328; facsimile
703–602–7887.
SUPPLEMENTARY INFORMATION:
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 203 and
252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 203 and 252,
which was published at 74 FR 2410 on
January 15, 2009, is adopted as a final
rule without change.
■
[FR Doc. E9–27847 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 205
Government procurement.
Therefore, 48 CFR part 205 is
amended as follows:
■
PART 205—PUBLICIZING CONTRACT
ACTIONS
1. The authority citation for 48 CFR
part 205 continues to read as follows:
■
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. In section 205.301, paragraph
(a)(i)(B) is revised to read as follows:
■
205.301
General.
(a) * * *
(i) * * *
(B) The acquisition is for chemical
warfare protective clothing, and the
contracting officer has determined that
an exception to domestic source
requirements applies because the
acquisition furthers an agreement with a
qualifying country, in accordance with
225.7002–2(n).
*
*
*
*
*
[FR Doc. E9–27850 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
48 CFR Part 205
Defense Federal Acquisition
Regulation Supplement (DFARS);
Technical Amendments
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD is making a technical
amendment to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to correct a cross-reference
within the DFARS text.
DATES: Effective Date: November 19,
2009.
SUMMARY:
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, OUSD (AT&L) DPAP
(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301–3062.
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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: Final rule.
SUMMARY: DoD has adopted as final,
without change, an interim rule
E:\FR\FM\19NOR1.SGM
19NOR1
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
erowe on DSK5CLS3C1PROD with RULES
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) 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: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra Freeman, Defense
Acquisition Regulations System, OUSD
(AT&L) DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8383;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D015.
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 five percent.
DoD published an interim rule at 73
FR 46816 on August 12, 2008, to
implement section 827 of Public Law
110–181. Five sources submitted
comments on the interim rule. The
respondents expressed general support
for section 827 as a means of increasing
competition and ensuring the best value
for the Government. A discussion of
other comments received from the
respondents is provided below.
1. Comment: Although section 827 of
Public Law 110–181 is limited to
products, DoD acquisition personnel
should take the spirit of the statute into
account when procuring services.
DoD Response: In accordance with
FAR 8.605(g), FPI is not a mandatory
source for services. Therefore,
application of this DFARS rule to the
acquisition of services is unnecessary.
2. Comment: The 5 percent threshold
should be applied to individual items,
rather than to entire Federal supply
classes. FPI will be supplying more than
50 percent of DoD’s requirements for
ballistic helmets, even though it only
supplies 3.8 percent of the overall
Federal supply class (FSC 4870—Armor,
Personal) to which this item belongs. A
mechanism should be available to group
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
products of a similar type and
characteristics into smaller sub-classes
in order to comply with the statutory
intent.
DoD Response: Section 827
specifically provides for application of
its requirements to categories of
products, rather than individual items.
As a practical matter, it would be
difficult, if not impossible, to determine
up-to-date market share percentages at
the individual item level. Given the
number of items acquired by the Federal
Government, Federal supply classes are
the most practical groupings of items;
sub-classes would be too numerous for
practical applicability. In accordance
with FAR 8.604 and 8.605, waiver and
exception mechanisms exist to permit
acquisition of FPI Schedule items from
other sources if necessary.
3. Comment: DoD has not required
FPI to compete on a level playing field
for those procurements where private
industry is now allowed to participate.
Ordinarily, when U.S. Government
agencies compete with private sector
entities for the provision of goods or
services to other Government agencies,
such competitions are governed by OMB
Circular A–76. Among other things,
OMB Circular A–76 requires that, when
considering the cost to the Government
of an agency’s submittal, the purchasing
agency must consider both the price
charged and the amount of any subsidy
provided by the Government to the
agency bidding for such work. Now that
FPI is being required to compete for the
supply of certain products, the
provisions of OMB Circular A–76
should apply to such competitions and,
although private industry now has the
right to compete against FPI in certain
areas, it will be at a significant
disadvantage unless and until the
Government’s subsidies to FPI are
considered when evaluating its pricing.
DoD Response: This comment
pertains to acquisitions that employ
comparability determinations, rather
than to those where competitive
procedures are used because of FPI’s
significant market share. Therefore, the
comment is outside the scope of this
DFARS case. However, a recent
Government Accountability Office
(GAO) decision (B–400328) addressed
this issue as follows:
‘‘We find no statute or regulation * * *
that specifically requires an agency to
conduct an A–76 study and competition, or
otherwise adjust its evaluation to account for
any FPI competitive advantages simply
because FPI is a potential or actual
competitor. For example, neither 18 U.S.C.
4124 nor 10 U.S.C. 4210n refers to A–76, and
FAR § 7.302(b)(2) does not establish a
separate requirement that agencies must meet
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
59915
when FPI is a potential or actual competitor.
Likewise, we are aware of no requirement
that an agency otherwise notify offerors of
FPI’s participation in a procurement or to
equalize FPI’s alleged competitive
advantages. Further, while FPI transactions
constitute intragovernmental transfers (18
U.S.C. 4124(c)), and not contracts, there was
no solicitation, statutory, or regulatory
provision that required the agency to
specifically evaluate the impact of this
difference.’’
4. Comment: DoD should conduct
yearly or semi-yearly market studies to
determine FPI’s current market share for
a product.
DoD Response: As permitted by
section 827(b)(2) of Public Law 110–
181, DoD will modify the list of
products for which FPI has a significant
market share when new data indicate
the need for modification. The latest
update was made on June 3, 2009, and
is available at https://www.acq.osd.mil/
dpap/cpic/cp/specific_policy_
areas.html#federal_prison. DoD does
not consider it necessary to establish a
specific schedule for updating the list.
5. Comment: Textiles and clothing
should be added to the list of items for
which FPI has a significant market
share, based on sales information in
FPI’s 2007 Annual Report.
DoD Response: Textiles and clothing
fall within the 8000 series of Federal
supply classes. The initial list,
published on March 28, 2008, was based
on DoD contract data for fiscal year
2006, which indicated that FPI’s market
share during that fiscal year did not
exceed 5 percent for any of the Federal
supply classes in the 8000 series. The
current list, published on June 3, 2009,
is based on fiscal year 2008 contract
data and contains three federal supply
classes within the 8000 series: 8405,
Men’s Outerwear; 8415, Special Purpose
Clothing; and 8420, Men’s Underwear
and Nightwear.
6. Comment: The web site referenced
in the rule at 208.602–70(b) does not
take you directly to the list of Federal
supply classes for which FPI has a
significant market share. Recommend
referencing a site that provides a better
link to the list.
DoD Response: The web site
referenced at 208.602–70(b) now
provides direct access to the list.
This rule was subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
E:\FR\FM\19NOR1.SGM
19NOR1
59916
Federal Register / Vol. 74, No. 222 / Thursday, November 19, 2009 / Rules and Regulations
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. There are no practical
alternatives that would accomplish the
objectives of section 827 of Public Law
110–181.
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 208
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 208, which was
published at 73 FR 46816 on August 12,
2008, is adopted as a final rule without
change.
■
[FR Doc. E9–27848 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Acquisition Regulation Supplement
(DFARS) to implement section 824 of
the National Defense Authorization Act
for Fiscal Year 2009. Section 824
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish a new program expiration date
and to include items developed under
research projects within the scope of the
program.
DATES: Effective Date: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra Freeman, Defense
Acquisition Regulations System, OUSD
(AT&L) DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–8383;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D030.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74
FR 2415 on January 15, 2009, to
implement section 824 of the National
Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110–417). The rule
amended the DoD pilot program for
transition to follow-on contracting after
use of other transaction authority, to
establish a new program expiration date
and to add items developed under
research projects to the types of items to
which the program applies. The pilot
program provides that certain items that
do not otherwise meet the definition of
‘‘commercial item’’ may be treated as
commercial items in the award of
contracts and subcontracts that follow
an other transaction agreement.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
48 CFR Part 212
B. Regulatory Flexibility Act
RIN 0750–AG17
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.
Although the rule is expected to ease
the transition of nontraditional defense
contractors from the use of other
transaction agreements to standard
contracts, the economic impact is not
expected to be substantial.
erowe on DSK5CLS3C1PROD with RULES
Defense Federal Acquisition
Regulation Supplement; Pilot Program
for Transition to Follow-On
Contracting After Use of Other
Transaction Authority (DFARS Case
2008–D030)
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
SUMMARY:
VerDate Nov<24>2008
15:20 Nov 18, 2009
Jkt 220001
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
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 212
Government procurement.
Amy G. Williams,
Editor, Defense Acquisitions Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 212, which was
published at 74 FR 2415 on January 15,
2009, is adopted as a final rule without
change.
■
[FR Doc. E9–27843 Filed 11–18–09; 8:45 am]
BILLING CODE 5001–08–P
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: Final rule.
SUMMARY: DoD has adopted as final,
without change, 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: November 19,
2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0328;
facsimile 703–602–7887. Please cite
DFARS Case 2008–D038.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74
FR 2417 on January 15, 2009, to
implement section 108 of the Military
Construction and Veterans Affairs
E:\FR\FM\19NOR1.SGM
19NOR1
]]>Agencies
[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Pages 59914-59916]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-27848]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
[[Page 59915]]
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
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: November 19, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
8383; facsimile 703-602-7887. Please cite DFARS Case 2008-D015.
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 five
percent.
DoD published an interim rule at 73 FR 46816 on August 12, 2008, to
implement section 827 of Public Law 110-181. Five sources submitted
comments on the interim rule. The respondents expressed general support
for section 827 as a means of increasing competition and ensuring the
best value for the Government. A discussion of other comments received
from the respondents is provided below.
1. Comment: Although section 827 of Public Law 110-181 is limited
to products, DoD acquisition personnel should take the spirit of the
statute into account when procuring services.
DoD Response: In accordance with FAR 8.605(g), FPI is not a
mandatory source for services. Therefore, application of this DFARS
rule to the acquisition of services is unnecessary.
2. Comment: The 5 percent threshold should be applied to individual
items, rather than to entire Federal supply classes. FPI will be
supplying more than 50 percent of DoD's requirements for ballistic
helmets, even though it only supplies 3.8 percent of the overall
Federal supply class (FSC 4870--Armor, Personal) to which this item
belongs. A mechanism should be available to group products of a similar
type and characteristics into smaller sub-classes in order to comply
with the statutory intent.
DoD Response: Section 827 specifically provides for application of
its requirements to categories of products, rather than individual
items. As a practical matter, it would be difficult, if not impossible,
to determine up-to-date market share percentages at the individual item
level. Given the number of items acquired by the Federal Government,
Federal supply classes are the most practical groupings of items; sub-
classes would be too numerous for practical applicability. In
accordance with FAR 8.604 and 8.605, waiver and exception mechanisms
exist to permit acquisition of FPI Schedule items from other sources if
necessary.
3. Comment: DoD has not required FPI to compete on a level playing
field for those procurements where private industry is now allowed to
participate. Ordinarily, when U.S. Government agencies compete with
private sector entities for the provision of goods or services to other
Government agencies, such competitions are governed by OMB Circular A-
76. Among other things, OMB Circular A-76 requires that, when
considering the cost to the Government of an agency's submittal, the
purchasing agency must consider both the price charged and the amount
of any subsidy provided by the Government to the agency bidding for
such work. Now that FPI is being required to compete for the supply of
certain products, the provisions of OMB Circular A-76 should apply to
such competitions and, although private industry now has the right to
compete against FPI in certain areas, it will be at a significant
disadvantage unless and until the Government's subsidies to FPI are
considered when evaluating its pricing.
DoD Response: This comment pertains to acquisitions that employ
comparability determinations, rather than to those where competitive
procedures are used because of FPI's significant market share.
Therefore, the comment is outside the scope of this DFARS case.
However, a recent Government Accountability Office (GAO) decision (B-
400328) addressed this issue as follows:
``We find no statute or regulation * * * that specifically
requires an agency to conduct an A-76 study and competition, or
otherwise adjust its evaluation to account for any FPI competitive
advantages simply because FPI is a potential or actual competitor.
For example, neither 18 U.S.C. 4124 nor 10 U.S.C. 4210n refers to A-
76, and FAR Sec. 7.302(b)(2) does not establish a separate
requirement that agencies must meet when FPI is a potential or
actual competitor. Likewise, we are aware of no requirement that an
agency otherwise notify offerors of FPI's participation in a
procurement or to equalize FPI's alleged competitive advantages.
Further, while FPI transactions constitute intragovernmental
transfers (18 U.S.C. 4124(c)), and not contracts, there was no
solicitation, statutory, or regulatory provision that required the
agency to specifically evaluate the impact of this difference.''
4. Comment: DoD should conduct yearly or semi-yearly market studies
to determine FPI's current market share for a product.
DoD Response: As permitted by section 827(b)(2) of Public Law 110-
181, DoD will modify the list of products for which FPI has a
significant market share when new data indicate the need for
modification. The latest update was made on June 3, 2009, and is
available at https://www.acq.osd.mil/dpap/cpic/cp/specific_policy_areas.html#federal_prison. DoD does not consider it necessary to
establish a specific schedule for updating the list.
5. Comment: Textiles and clothing should be added to the list of
items for which FPI has a significant market share, based on sales
information in FPI's 2007 Annual Report.
DoD Response: Textiles and clothing fall within the 8000 series of
Federal supply classes. The initial list, published on March 28, 2008,
was based on DoD contract data for fiscal year 2006, which indicated
that FPI's market share during that fiscal year did not exceed 5
percent for any of the Federal supply classes in the 8000 series. The
current list, published on June 3, 2009, is based on fiscal year 2008
contract data and contains three federal supply classes within the 8000
series: 8405, Men's Outerwear; 8415, Special Purpose Clothing; and
8420, Men's Underwear and Nightwear.
6. Comment: The web site referenced in the rule at 208.602-70(b)
does not take you directly to the list of Federal supply classes for
which FPI has a significant market share. Recommend referencing a site
that provides a better link to the list.
DoD Response: The web site referenced at 208.602-70(b) now provides
direct access to the list.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact
[[Page 59916]]
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. There are
no practical alternatives that would accomplish the objectives of
section 827 of Public Law 110-181.
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 208
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR part 208, which was
published at 73 FR 46816 on August 12, 2008, is adopted as a final rule
without change.
[FR Doc. E9-27848 Filed 11-18-09; 8:45 am]
BILLING CODE 5001-08-P
