Defense Federal Acquisition Regulation Supplement; Acquisition Strategies To Ensure Competition Throughout the Life Cycle of Major Defense Acquisition Programs (DFARS Case 2009-D014), 54524 [2010-22230]

Download as PDF 54524 Federal Register / Vol. 75, No. 173 / Wednesday, September 8, 2010 / Rules and Regulations not impose with respect to such frequency bands or air interfaces materially greater obligations than those imposed on other services subject to this section. Any new obligations on manufacturers and Tier I carriers pursuant to paragraphs (c) through (i) of this section as a result of such standards shall become effective no less than one year after release of the order adopting such standards and any new obligations on other service providers shall become effective no less than 15 months after the release of such order, except that any new obligations on manufacturers and service providers subject to paragraph (e)(1)(ii) of this section shall become effective no less than two years after the release of such order. * * * * * [FR Doc. 2010–22253 Filed 9–7–10; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 207 RIN 0750–AG61 Defense Federal Acquisition Regulation Supplement; Acquisition Strategies To Ensure Competition Throughout the Life Cycle of Major Defense Acquisition Programs (DFARS Case 2009–D014) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the Weapon Systems Acquisition Reform Act of 2009, to improve the organization and procedures of DoD for the acquisition of major weapon systems. DATES: Effective Date: September 8, 2010. SUMMARY: FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703–602–1302. mstockstill on DSKH9S0YB1PROD with RULES SUPPLEMENTARY INFORMATION: A. Background On May 22, 2009, the Weapon Systems Acquisition Reform Act (Pub. L. 111–23) was enacted to improve the organization and procedures of DoD for the acquisition of major weapon systems. This law establishes new oversight entities within DoD, as well as new and varied weapon system VerDate Mar<15>2010 17:27 Sep 07, 2010 Jkt 220001 acquisition and management reporting requirements. Section 202 directs the Secretary of Defense (SECDEF) to ensure that the acquisition strategy for each major defense acquisition program (MDAP) includes: (1) Measures to ensure competition at both the prime contract and subcontract level of the MDAP throughout its life cycle as a means to improve contractor performance; and (2) adequate documentation of the rationale for selection of the subcontractor tier or tiers. It also outlines measures to ensure such competition. Furthermore, it requires the SECDEF: (1) To take specified actions to ensure fair and objective ‘‘make-buy’’ decisions by prime contractors on MDAPs; and (2) whenever a decision regarding the source of repair results in a plan to award a contract for performance of maintenance and sustainment of a major weapon system, to ensure that such contract is awarded on a competitive basis with full consideration of all sources. An interim rule was published at 75 FR 8272 on February 24, 2010. No comments were received in response to the interim rule. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804. 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 changes are to internal Government organization and operating procedures only. The rule imposes new oversight and reporting requirements internal only to DoD. As such, the rule imposes no changes on contractors doing business with DoD. 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 207 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 207 which was ■ PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 published at 75 FR 8272 on February 24, 2010, is adopted as a final rule without change. [FR Doc. 2010–22230 Filed 9–7–10; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 211 and 237 RIN 0750–AG72 Defense Federal Acquisition Regulation Supplement; Guidance on Personal Services (DFARS Case 2009– D028) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule with request for comments. AGENCY: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to enable further implementation of section 831 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 to require DoD to develop guidance related to personal services contracts. DATES: Effective Date: September 8, 2010. Comment Date: Comments on the interim rule should be submitted in writing to the address shown below on or before November 8, 2010, to be considered in the formation of the final rule. ADDRESSES: Submit comments identified by DFARS Case 2009–D028, 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 2009–D028 in the subject line of the message. Æ Fax: 703–602–0350. Æ Mail: Defense Acquisition Regulations System, Attn: Meredith Murphy, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to https:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check https:// www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). SUMMARY: E:\FR\FM\08SER1.SGM 08SER1

Agencies

[Federal Register Volume 75, Number 173 (Wednesday, September 8, 2010)]
[Rules and Regulations]
[Page 54524]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-22230]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 207

RIN 0750-AG61


Defense Federal Acquisition Regulation Supplement; Acquisition 
Strategies To Ensure Competition Throughout the Life Cycle of Major 
Defense Acquisition Programs (DFARS Case 2009-D014)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is adopting as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the Weapon Systems Acquisition Reform Act of 2009, to 
improve the organization and procedures of DoD for the acquisition of 
major weapon systems.

DATES: Effective Date: September 8, 2010.

FOR FURTHER INFORMATION CONTACT:  Ms. Meredith Murphy, 703-602-1302.

SUPPLEMENTARY INFORMATION:

A. Background

    On May 22, 2009, the Weapon Systems Acquisition Reform Act (Pub. L. 
111-23) was enacted to improve the organization and procedures of DoD 
for the acquisition of major weapon systems. This law establishes new 
oversight entities within DoD, as well as new and varied weapon system 
acquisition and management reporting requirements.
    Section 202 directs the Secretary of Defense (SECDEF) to ensure 
that the acquisition strategy for each major defense acquisition 
program (MDAP) includes: (1) Measures to ensure competition at both the 
prime contract and subcontract level of the MDAP throughout its life 
cycle as a means to improve contractor performance; and (2) adequate 
documentation of the rationale for selection of the subcontractor tier 
or tiers. It also outlines measures to ensure such competition. 
Furthermore, it requires the SECDEF: (1) To take specified actions to 
ensure fair and objective ``make-buy'' decisions by prime contractors 
on MDAPs; and (2) whenever a decision regarding the source of repair 
results in a plan to award a contract for performance of maintenance 
and sustainment of a major weapon system, to ensure that such contract 
is awarded on a competitive basis with full consideration of all 
sources.
    An interim rule was published at 75 FR 8272 on February 24, 2010. 
No comments were received in response to the interim rule.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This is not a 
major rule under 5 U.S.C. 804.

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 
changes are to internal Government organization and operating 
procedures only. The rule imposes new oversight and reporting 
requirements internal only to DoD. As such, the rule imposes no changes 
on contractors doing business with DoD.

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 207

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR part 207 which was 
published at 75 FR 8272 on February 24, 2010, is adopted as a final 
rule without change.

[FR Doc. 2010-22230 Filed 9-7-10; 8:45 am]
BILLING CODE 5001-08-P

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