Defense Federal Acquisition Regulation Supplement; Acquisition of Commercial Items, 51416 [2010-20436]
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51416
Federal Register / Vol. 75, No. 161 / Friday, August 20, 2010 / Rules and Regulations
(ii) An economic downturn, the
occurrence of a natural disaster, or
similar events in the service area that
severely restrict or reduce sources of
local funding support; or
(iii) The unexpected discontinuation
of local support from one or more
sources that a project has relied on for
a period of years.
*
*
*
*
*
Dated: August 13, 2010.
Tom Bryant,
Associate General Counsel.
[FR Doc. 2010–20525 Filed 8–19–10; 8:45 am]
BILLING CODE 6050–28–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 212, and 234
[DFARS Case 2008–D011]
Defense Federal Acquisition
Regulation Supplement; Acquisition of
Commercial Items
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final,
without change, the interim rule that
amended the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement sections 805 and
815 of the National Defense
Authorization Act for Fiscal Year 2008.
This rule specified when time-andmaterials or labor-hour contracts may be
used for the acquisition of commercial
items, and revised the language to
address the conditions under which
major weapon systems or subsystems
may be treated as commercial items.
DATES: Effective Date: August 20, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Cassandra R. Freeman, Defense
Acquisition Regulations System, OUSD
(AT&L) DPAP/DARS, 3060 Defense
Pentagon, Room 3B855, Washington, DC
20301–3060. Telephone 703–602–8383;
facsimile 703–602–0350. Please cite
DFARS Case 2008–D011.
SUPPLEMENTARY INFORMATION:
SUMMARY:
July 21, 2009, to clarify the types of
services to which this rule applies,
consistent with subsections (c)(1)(A)
and (c)(1)(C)(i) of section 805 of the
NDAA for Fiscal Year 2008. Section 805
specified when time-and-materials or
labor-hour contracts may be used for
commercial item acquisitions. Section
815 of the NDAA for Fiscal Year 2008
provided clarification regarding
situations under which the procurement
of a major weapon system, subsystems
of major weapon systems, and
components and spare parts for major
weapon systems, may be acquired using
procedures established for the
acquisition of commercial items.
Section 815 also clarified that the terms
‘‘general public’’ and ‘‘non-governmental
entities’’ with regard to sales of
commercial items, do not include the
Federal Government or a State, local, or
foreign government.
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 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 reinforces existing
requirements for the appropriate use of
commercial acquisition procedures and
for ensuring that contract prices are fair
and reasonable.
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,
212, and 234
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
jdjones on DSK8KYBLC1PROD with RULES
A. Background
DoD published an interim rule at 74
FR 34263 on July 15, 2009, to
implement sections 805 and 815 of the
National Defense Authorization Act
(NDAA) for Fiscal Year 2008 (Pub. L.
110–181). A correction to the interim
rule was published at 74 FR 35825 on
VerDate Mar<15>2010
14:03 Aug 19, 2010
Jkt 220001
Accordingly, the interim rule
published at 74 FR 34263 on July 15,
2009, as corrected at 75 FR 35825 on
July 21, 2009, is adopted as final
without change.
■
[FR Doc. 2010–20436 Filed 8–19–10; 8:45 am]
BILLING CODE 5001–08–P
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 247 and 252
Defense Federal Acquisition
Regulation Supplement;
Transportation (DFARS Case 2003–
D028)
Defense Acquisition
Regulations System. Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule,
with changes, amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to update text on
transportation matters relating to DoD
contracts.
SUMMARY:
Effective Date: August 20, 2010.
Ms.
Mary Overstreet, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–0311;
facsimile 703–602–0350. Please cite
DFARS Case 2003–D028.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
A. Background
In keeping with the DFARS
Transformation initiative objective of
improving the efficiency and
effectiveness of the acquisition process,
while allowing the acquisition
workforce the flexibility to innovate,
DoD issued a proposed rule at 70 FR
43109 on July 26, 2005, to update text
on transportation matters relating to
DoD contracts, including clarifying
certain shipping procedures and
offering additional guidance on their
use.
This final rule is a result of the
DFARS Transformation initiative. The
changes to the final rule—
Æ Delete text on transportation
matters that are sufficiently addressed
in the Federal Acquisition Regulation or
in DoD transportation regulations;
Æ Clarify requirements for inclusion
of shipping instructions in solicitations
and contracts; and
Æ Delete procedures for contracting
for the preparation of property for
shipment or storage; and for preparation
of consignment instructions. Text on
these subjects will be relocated to the
DFARS companion resource,
Procedures, Guidance, and Information
(PGI). Additional information on PGI is
available at https://www.acq.osd.mil/
dpap/dars/pgi.
E:\FR\FM\20AUR1.SGM
20AUR1
]]>Agencies
[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Page 51416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-20436]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 202, 212, and 234
[DFARS Case 2008-D011]
Defense Federal Acquisition Regulation Supplement; Acquisition of
Commercial Items
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is adopting as final, without change, the interim rule
that amended the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement sections 805 and 815 of the National Defense
Authorization Act for Fiscal Year 2008. This rule specified when time-
and-materials or labor-hour contracts may be used for the acquisition
of commercial items, and revised the language to address the conditions
under which major weapon systems or subsystems may be treated as
commercial items.
DATES: Effective Date: August 20, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra R. Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 Defense
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
8383; facsimile 703-602-0350. Please cite DFARS Case 2008-D011.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 34263 on July 15, 2009, to
implement sections 805 and 815 of the National Defense Authorization
Act (NDAA) for Fiscal Year 2008 (Pub. L. 110-181). A correction to the
interim rule was published at 74 FR 35825 on July 21, 2009, to clarify
the types of services to which this rule applies, consistent with
subsections (c)(1)(A) and (c)(1)(C)(i) of section 805 of the NDAA for
Fiscal Year 2008. Section 805 specified when time-and-materials or
labor-hour contracts may be used for commercial item acquisitions.
Section 815 of the NDAA for Fiscal Year 2008 provided clarification
regarding situations under which the procurement of a major weapon
system, subsystems of major weapon systems, and components and spare
parts for major weapon systems, may be acquired using procedures
established for the acquisition of commercial items. Section 815 also
clarified that the terms ``general public'' and ``non-governmental
entities'' with regard to sales of commercial items, do not include the
Federal Government or a State, local, or foreign government.
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 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
reinforces existing requirements for the appropriate use of commercial
acquisition procedures and for ensuring that contract prices are fair
and reasonable.
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, 212, and 234
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule published at 74 FR 34263 on July 15,
2009, as corrected at 75 FR 35825 on July 21, 2009, is adopted as final
without change.
[FR Doc. 2010-20436 Filed 8-19-10; 8:45 am]
BILLING CODE 5001-08-P
