Defense Federal Acquisition Regulation Supplement; Limitation on Procurements on Behalf of DoD, 6819-6820 [2010-2698]
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Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations
information about the process by which
NTIA regularly revises the NTIA
Manual and makes public this
document and all revisions. Federal
agencies are required to comply with
the specifications in the NTIA Manual
according to 47 U.S.C. § 901 et seq.,
Executive Order 12046 (March 27,
1978), 43 FR 13349, 3 CFR 1978 Comp.,
p. 158, when requesting frequency
assignments for use of the radio
frequency spectrum.
This rule updates section 300.1(b) to
specify the version of the NTIA Manual
with which Federal agencies must
comply when requesting frequency
assignments for use of the radio
frequency spectrum. In particular,
section 300.1(b) amends the regulations
by replacing ‘‘September 2008’’ with
‘‘September 2009.’’ Upon the effective
date of this rule, Federal agencies must
comply with the requirements set forth
in the January 2008 edition of the NTIA
Manual, as revised through September
2009.
The NTIA Manual is scheduled for
revision in January, May, and
September of each year and is submitted
to the Director of the Federal Register
for Incorporation by Reference approval.
The Director of the Federal Register
approved this incorporation by
reference in accordance with 5 U.S.C.
§ 552(a) and 1 CFR part 51. The NTIA
Manual is available from the
Superintendent of Documents, U.S.
Government Printing Office,
Washington, DC 20402, by referring to
Catalog Number 903–008–00000–8. A
reference copy of the NTIA Manual,
including all revisions in effect, is
available in the Office of Spectrum
Management, 1401 Constitution
Avenue, NW, Room 1087, Washington,
DC 20230, or call William Mitchell at
(202) 482–8124, and available online at
https://www.ntia.doc.gov/osmhome/
redbook/redbook.html. The NTIA
Manual is also on file at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call (202) 741–6030, or go to: https://
www.archives.gov/federallregister/
codeloflfederallregulations/
ibrllocations.html.
cprice-sewell on DSK2BSOYB1PROD with RULES
Paperwork Reduction Act
This action does not contain
collection of information requirements
subject to the Paperwork Reduction Act
(PRA). Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the PRA, unless that collection
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09:10 Feb 10, 2010
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displays a currently valid OMB Control
Number.
Executive Order 12866
This rule has been determined to be
not significant for purposes of Executive
Order 12866.
Administrative Procedure Act/
Regulatory Flexibility Act
NTIA finds good cause under 5 U.S.C.
§ 553(b)(3)(B) to waive prior notice and
opportunity for public comment as it is
unnecessary. This action amends the
regulations to include the date of the
most current version of the NTIA
Manual. These changes do not impact
the rights or obligations of the public.
The NTIA Manual applies only to
Federal agencies. Because these changes
impact only Federal agencies, NTIA
finds it unnecessary to provide for the
notice and comment requirements of 5
U.S.C. § 553.
Because notice and opportunity for
comment are not required pursuant to 5
U.S.C. § 553 or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C.
§ 601 et seq.) are not applicable.
Therefore, a regulatory flexibility
analysis is not required and has not
been prepared.
Executive Order 13132
This rule does not contain policies
having federalism implications as that
term is defined in EO 13132.
Regulatory Text
List of Subjects in 47 CFR Part 300
Incorporation by reference; Radio.
■ For the reasons set forth in the
preamble, NTIA amends title 47, Part
300 as follows:
PART 300—MANUAL OF
REGULATIONS AND PROCEDURES
FOR FEDERAL RADIO FREQUENCY
MANAGEMENT
1. The authority citation for Part 300
continues to read as follows:
■
Authority: 47 U.S.C. 901 et seq., Executive
Order 12046 (March 27, 1978), 43 FR 13349,
3 CFR 1978 Comp., p. 158.
2. Paragraph 300.1 (b) is revised to
read as follows:
■
§ 300.1 Incorporation by reference of the
Manual of Regulations and Procedures for
Federal Radio Frequency Management.
*
*
*
*
*
(b) The Federal agencies shall comply
with the requirements set forth in the
January 2008 edition of the NTIA
Manual, as revised through September
2009, which is incorporated by
reference with approval of the Director,
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6819
Office of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1
CFR part 51.
*
*
*
*
*
Dated: February 4, 2010.
Anna M. Gomez,
Deputy Assistant Secretary for
Communications and Information.
[FR Doc. 2010–2968 Filed 2–10–10; 8:45 am]
BILLING CODE 3510–60–S
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
[DFARS Case 2008–D005]
RIN 0750–AG24
Defense Federal Acquisition
Regulation Supplement; Limitation on
Procurements on Behalf of DoD
AGENCY: Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
SUMMARY: DoD is adopting as final, with
changes, the interim rule amending the
Defense Federal Acquisition Regulation
Supplement (DFARS) to address
statutory provisions relating to
interagency procurements on behalf of
DoD. The final rule adds new policy at
to address Section 801(b) requirements
and expands existing DFARS
definitions.
Effective Date: March 15, 2010.
Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Washington, DC 20301–3060,
Telephone 703–602–1302; facsimile
703–602–0350, Please cite DFARS Case
2008–D005.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
A. Background
Section 854 of the National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375) prescribes policy for
the acquisition of supplies and services
through the use of contracts or orders
issued by non-DoD agencies.
Section 801(b)(1), at paragraphs (A)
and (C), of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181) authorizes a DoD
acquisition official to procure property
and services in excess of the simplified
acquisition threshold through civilian
agencies only if—
E:\FR\FM\11FER1.SGM
11FER1
6820
Federal Register / Vol. 75, No. 28 / Thursday, February 11, 2010 / Rules and Regulations
(1) The civilian agencies agree to
adhere to defense procurement
requirements; or
(2) The Under Secretary of Defense
(AT&L) certifies that the procurement is
in the best interest of the Department.
The statute also requires DoD to issue
guidance on interagency contracting
consistent with the Act that addresses
the circumstances in which it is
appropriate for DoD acquisition officials
to procure goods or services through a
contract entered into by an agency
outside the DoD.
DoD published an interim rule at 74
FR 34270 on July 15, 2009, to address
the new statutory requirements.
Statutory limitations in section 817 of
Public Law 109–364, the John Warner
National Defense Authorization Act for
Fiscal Year 2007, and section 811 of
Public Law 109–163, the National
Defense Authorization Act for Fiscal
Year 2006, were previously
implemented and do not impact this
change.
Two respondents submitted
comments on the interim rule. A
discussion of the comments is provided
as follows:
cprice-sewell on DSK2BSOYB1PROD with RULES
1. Compliance With Financial
Management Regulations
Comment: Public Law 110–181 states
that the non-DoD agency must comply
with its requirements including the
‘‘applicable Department of Defense
financial management regulations.’’ This
requirement for the non-DoD activity to
follow the DoD financial management
regulations when making purchases for
a non-DoD component should be
included in the DFARS.
Response: The rule has been amended
at DFARS 217.7802(a) to clarify that
non-DoD activities will comply with
applicable DoD financial management
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09:10 Feb 10, 2010
Jkt 220001
regulations when making purchases for
a DoD component.
2. Definition of ‘‘Governmentwide
Acquisition Contract’’
Comment: ‘‘Governmentwide
acquisition contract’’ should be defined
in the DFARS to make certain of its
appropriate meaning as defined in the
public law.
Response: The rule was amended at
DFARS 217.7801 to include the
definition of ‘‘Governmentwide
acquisition contract’’.
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 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.,
because the rule addresses internal DoD
procedural matters.
The Paperwork Reduction Act does
not apply because the proposed changes
do not impose 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 217
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 217, which was
published at 74 FR 34270 on July 15,
2009, is adopted as a final rule with the
following changes:
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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 217.7801 is amended by
adding the definition of
‘‘governmentwide acquisition contract’’
to read as follows:
■
217.7801
Definitions.
*
*
*
*
*
Governmentwide acquisition contract
means a task or delivery order contract
that—
(1) Is entered into by a non-defense
agency; and
(2) May be used as the contract under
which property or services are procured
for one or more other departments or
agencies of the Federal Government.
*
*
*
*
*
3. Section 217.7802 is amended by
revising paragraph (a) introductory text
to read as follows:
■
C. Paperwork Reduction Act
■
PART 217—SPECIAL CONTRACTING
METHODS
217.7802
Policy.
(a) A DoD acquisition official may
place an order, make a purchase, or
otherwise acquire supplies or services
for DoD in excess of the simplified
acquisition threshold through a nonDoD agency in any fiscal year 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 to
include applicable DoD financial
management regulations.
[FR Doc. 2010–2698 Filed 2–10–10; 8:45 am]
BILLING CODE 5001–08–P
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]]>Agencies
[Federal Register Volume 75, Number 28 (Thursday, February 11, 2010)]
[Rules and Regulations]
[Pages 6819-6820]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2698]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 217
[DFARS Case 2008-D005]
RIN 0750-AG24
Defense Federal Acquisition Regulation Supplement; Limitation on
Procurements on Behalf of DoD
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is adopting as final, with changes, the interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to address statutory provisions relating to interagency procurements on
behalf of DoD. The final rule adds new policy at to address Section
801(b) requirements and expands existing DFARS definitions.
DATES: Effective Date: March 15, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense
Pentagon, Washington, DC 20301-3060, Telephone 703-602-1302; facsimile
703-602-0350, Please cite DFARS Case 2008-D005.
SUPPLEMENTARY INFORMATION:
A. Background
Section 854 of the National Defense Authorization Act for Fiscal
Year 2005 (Pub. L. 108-375) prescribes policy for the acquisition of
supplies and services through the use of contracts or orders issued by
non-DoD agencies.
Section 801(b)(1), at paragraphs (A) and (C), of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181)
authorizes a DoD acquisition official to procure property and services
in excess of the simplified acquisition threshold through civilian
agencies only if--
[[Page 6820]]
(1) The civilian agencies agree to adhere to defense procurement
requirements; or
(2) The Under Secretary of Defense (AT&L) certifies that the
procurement is in the best interest of the Department.
The statute also requires DoD to issue guidance on interagency
contracting consistent with the Act that addresses the circumstances in
which it is appropriate for DoD acquisition officials to procure goods
or services through a contract entered into by an agency outside the
DoD.
DoD published an interim rule at 74 FR 34270 on July 15, 2009, to
address the new statutory requirements. Statutory limitations in
section 817 of Public Law 109-364, the John Warner National Defense
Authorization Act for Fiscal Year 2007, and section 811 of Public Law
109-163, the National Defense Authorization Act for Fiscal Year 2006,
were previously implemented and do not impact this change.
Two respondents submitted comments on the interim rule. A
discussion of the comments is provided as follows:
1. Compliance With Financial Management Regulations
Comment: Public Law 110-181 states that the non-DoD agency must
comply with its requirements including the ``applicable Department of
Defense financial management regulations.'' This requirement for the
non-DoD activity to follow the DoD financial management regulations
when making purchases for a non-DoD component should be included in the
DFARS.
Response: The rule has been amended at DFARS 217.7802(a) to clarify
that non-DoD activities will comply with applicable DoD financial
management regulations when making purchases for a DoD component.
2. Definition of ``Governmentwide Acquisition Contract''
Comment: ``Governmentwide acquisition contract'' should be defined
in the DFARS to make certain of its appropriate meaning as defined in
the public law.
Response: The rule was amended at DFARS 217.7801 to include the
definition of ``Governmentwide acquisition contract''.
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 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.,
because the rule addresses internal DoD procedural matters.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes do not impose 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 217
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR part 217, which was
published at 74 FR 34270 on July 15, 2009, is adopted as a final rule
with the following changes:
PART 217--SPECIAL CONTRACTING METHODS
0
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.
0
2. Section 217.7801 is amended by adding the definition of
``governmentwide acquisition contract'' to read as follows:
217.7801 Definitions.
* * * * *
Governmentwide acquisition contract means a task or delivery order
contract that--
(1) Is entered into by a non-defense agency; and
(2) May be used as the contract under which property or services
are procured for one or more other departments or agencies of the
Federal Government.
* * * * *
0
3. Section 217.7802 is amended by revising paragraph (a) introductory
text to read as follows:
217.7802 Policy.
(a) A DoD acquisition official may place an order, make a purchase,
or otherwise acquire supplies or services for DoD in excess of the
simplified acquisition threshold through a non-DoD agency in any fiscal
year 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 to include applicable DoD financial management regulations.
[FR Doc. 2010-2698 Filed 2-10-10; 8:45 am]
BILLING CODE 5001-08-P
