Defense Federal Acquisition Regulation Supplement; Limitations on Procurements With Non-Defense Agencies (DFARS Case 2009-D027), 9680 [2011-3754]

Download as PDF 9680 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations In addition, if the DoD agency has determined that measurably substantial benefits are expected to be derived as a result of bundling, the notification must include a brief description of those benefits. The objective of the rule is to enable small businesses to compete for more work of which the firms might otherwise have been unaware. The notification requirement will provide a much broader segment of the smallbusiness community awareness of upcoming business opportunities and then allow the small business to either submit a proposal or interact with the requiring agency to request unbundling before the solicitation is finalized. No comments were received from small entities on this rule. IV. Paperwork Reduction Act The rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 205 and 210 Government procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 205 and 210 published at 75 FR 40714 on July 13, 2010, is adopted as final without change. [FR Doc. 2011–3756 Filed 2–18–11; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 217 RIN 0750–AG67 Defense Federal Acquisition Regulation Supplement; Limitations on Procurements With Non-Defense Agencies (DFARS Case 2009–D027) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. mstockstill on DSKH9S0YB1PROD with RULES AGENCY: VerDate Mar<15>2010 16:03 Feb 18, 2011 Jkt 223001 FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703–602–1302. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 217 Government procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 217 published at 75 FR 32639 on June 8, 2010, is adopted as final without change. [FR Doc. 2011–3754 Filed 2–18–11; 8:45 am] BILLING CODE 5001–08–P I. Background DoD published an interim rule at 75 FR 32639 on June 8, 2010, to implement section 806 of the National Defense Authorization Act for Fiscal Year 2010 (Pub. L. 111–84), providing limitations on procurements with non-Defense agencies. The public comment period closed August 9, 2010. No comments were received in response to the interim rule. II. Executive Order 12866 This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. 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 only. Specifically, this implementation of section 806 of the National Defense Authorization Act for Fiscal Year 2010, Treatment of NonDefense Agency Procurements Under Joint Programs with Intelligence Community, amends the limitations placed on procurements by non-DoD agencies by exempting such procurements that are: (a) Entered into by a non-DoD agency that is an element of the intelligence community and (b) when the procurement is for the performance of a joint program conducted to meet the needs of DoD and the non-DoD agency. The statute resulted in changes to internal operating procedures with no impact on contractors or offerors. IV. Paperwork Reduction Act DoD is adopting without change an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 806 of the National Defense SUMMARY: Authorization Act for Fiscal Year 2010. Section 806 authorizes an agency that is an element of the intelligence community to award a contract for supplies or services in excess of the simplified acquisition threshold for the performance of a joint program conducted to meet the needs of DoD and the non-DoD agency. DATES: Effective Date: February 22, 2011. The changes to the DFARS do not impose information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 RIN 0750–AH06 Defense Federal Acquisition Regulation Supplement; Repeal of the Small Business Competitiveness Demonstration Program (DFARS Case 2011–D001) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Acquisition Regulation Supplement (DFARS) to implement section 1335 of the Small Business Jobs Act of 2010. Section 1335 repealed the Small Business Competitiveness Demonstration Program. DATES: Effective Date: February 22, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Manual Quinones, 703–602–8383. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background This final rule amends the Defense Federal Acquisition Regulation Supplement by deleting subpart DFARS 219.10 to meet the requirements of section 1335 of the Small Business Jobs Act of 2010, (Pub. L. 111–240). Section 1335 amended the Business Opportunity Development Reform Act of 1988 (Pub. L. 100–656) by striking title VII (15 U.S.C. 644 note). The repeal of the Small Business Competitiveness Demonstration Program became effective immediately upon the enactment. It will apply to the first full fiscal year after the September 27, 2010, date of enactment (Fiscal Year 2011). Therefore, the text at DFARS subpart 219.10 is obsolete. E:\FR\FM\22FER1.SGM 22FER1

Agencies

[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Page 9680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3754]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 217

RIN 0750-AG67


Defense Federal Acquisition Regulation Supplement; Limitations on 
Procurements With Non-Defense Agencies (DFARS Case 2009-D027)

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

ACTION: Final rule.

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

SUMMARY: DoD is adopting without change an interim rule amending the 
Defense Federal Acquisition Regulation Supplement (DFARS) to implement 
section 806 of the National Defense Authorization Act for Fiscal Year 
2010. Section 806 authorizes an agency that is an element of the 
intelligence community to award a contract for supplies or services in 
excess of the simplified acquisition threshold for the performance of a 
joint program conducted to meet the needs of DoD and the non-DoD 
agency.

DATES: Effective Date: February 22, 2011.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published an interim rule at 75 FR 32639 on June 8, 2010, to 
implement section 806 of the National Defense Authorization Act for 
Fiscal Year 2010 (Pub. L. 111-84), providing limitations on 
procurements with non-Defense agencies. The public comment period 
closed August 9, 2010. No comments were received in response to the 
interim rule.

II. Executive Order 12866

    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This rule is not 
a major rule under 5 U.S.C. 804.

III. 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 only. 
Specifically, this implementation of section 806 of the National 
Defense Authorization Act for Fiscal Year 2010, Treatment of Non-
Defense Agency Procurements Under Joint Programs with Intelligence 
Community, amends the limitations placed on procurements by non-DoD 
agencies by exempting such procurements that are: (a) Entered into by a 
non-DoD agency that is an element of the intelligence community and (b) 
when the procurement is for the performance of a joint program 
conducted to meet the needs of DoD and the non-DoD agency. The statute 
resulted in changes to internal operating procedures with no impact on 
contractors or offerors.

IV. Paperwork Reduction Act

    The changes to the DFARS do not impose information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 217

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR part 217 published at 
75 FR 32639 on June 8, 2010, is adopted as final without change.

[FR Doc. 2011-3754 Filed 2-18-11; 8:45 am]
BILLING CODE 5001-08-P
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