Defense Federal Acquisition Regulations Supplement; Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009-D033), 9679-9680 [2011-3756]

Download as PDF Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations Flooding source(s) * Elevation in feet (NGVD) + Elevation in feet (NAVD) # Depth in feet above ground ∧ Elevation in meters (MSL) Modified Location of referenced elevation 9679 Communities affected Hill County, Texas, and Incorporated Areas Docket No.: FEMA–B–1068 Hackberry Creek ....................... +557 Little Hackberry Creek .............. Approximately 1,000 feet downstream of the confluence with Tributary of Hackberry Creek. Just upstream of the confluence with Little Hackberry Creek. At the confluence with Hackberry Creek ............................ +568 Pecan Creek ............................. Approximately 1,500 feet upstream of the confluence with Pecan Creek. At the confluence with Little Hackberry Creek .................... Just upstream of State Highway 171 .................................. Approximately 850 feet upstream of State Highway Spur 180. Approximately 750 feet downstream of County Road 1244 +579 +587 Stream WC–1A ......................... Unincorporated Areas of Hill County. +563 +563 +568 Unincorporated Areas of Hill County. Unincorporated Areas of Hill County. Unincorporated Areas of Hill County. +597 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ∧ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES Unincorporated Areas of Hill County Maps are available for inspection at the Hill County Courthouse, 201 East Franklin Street, Hillsboro, TX 76645. (Catalog of Federal Domestic Assistance No. 97.022, ‘‘Flood Insurance.’’) Dated: February 8, 2011. Edward L. Connor, Acting Federal Insurance and Mitigation Administrator, Department of Homeland Security, Federal Emergency Management Agency. (DFARS) to implement the Fiscal Year 2010 National Defense Authorization Act, section 820, entitled ‘‘Publication of Notification of Bundling of Contracts of the Department of Defense.’’ Dates: Effective Date: February 22, 2011. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2011–3903 Filed 2–18–11; 8:45 am] Ms. Meredith Murphy, 703–602–1302. SUPPLEMENTARY INFORMATION: BILLING CODE 9110–12–P I. Background DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR parts 205 and 210 RIN 0750–AG69 Defense Federal Acquisition Regulations Supplement; Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009–D033) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. mstockstill on DSKH9S0YB1PROD with RULES AGENCY: DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement SUMMARY: VerDate Mar<15>2010 16:03 Feb 18, 2011 Jkt 223001 DoD published an interim rule at 75 FR 40714 on July 13, 2010, to implement section 820 of the Fiscal Year 2010 National Defense Authorization Act (Pub. L. 111–84), enacted October 28, 2009. The period for public comment closed on September 13, 2010. The interim rule added a requirement at DFARS 205.205–70 to publish a notification of the intention to bundle a DoD procurement at least 30 days prior to (1) the release of a solicitation or (2) placing an order without a solicitation. This notification requirement is in addition to the existing requirements for market research at DFARS 210.001 when an acquisition could lead to a consolidation of contract requirements (see DFARS 210.001(c)(2)). DoD received no comments on the proposed rule. Therefore, DoD is PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 finalizing the interim rule without change. II. Executive Order 12866 This rule is not a significant regulatory action and therefore was not subject to Office of Management and Budget review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act 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. However, DoD has prepared a final regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The analysis is summarized as follows. This final rule amends the DFARS to implement section 820 of the National Defense Authorization Act for Fiscal Year 2010. Section 820 requires DoD contracting officers to publish a notification consistent with the requirements of FAR 10.001(c)(2) on FedBizOpps.gov, or any successor site, at least 30 days prior to the release of a solicitation for a bundled acquisition. E:\FR\FM\22FER1.SGM 22FER1 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]
[Pages 9679-9680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3756]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR parts 205 and 210

RIN 0750-AG69


Defense Federal Acquisition Regulations Supplement; Publication 
of Notification of Bundling of Contracts of the Department of Defense 
(DFARS Case 2009-D033)

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 Fiscal Year 2010 National Defense Authorization Act, 
section 820, entitled ``Publication of Notification of Bundling of 
Contracts of the Department of Defense.''
    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 40714 on July 13, 2010, to 
implement section 820 of the Fiscal Year 2010 National Defense 
Authorization Act (Pub. L. 111-84), enacted October 28, 2009. The 
period for public comment closed on September 13, 2010. The interim 
rule added a requirement at DFARS 205.205-70 to publish a notification 
of the intention to bundle a DoD procurement at least 30 days prior to 
(1) the release of a solicitation or (2) placing an order without a 
solicitation. This notification requirement is in addition to the 
existing requirements for market research at DFARS 210.001 when an 
acquisition could lead to a consolidation of contract requirements (see 
DFARS 210.001(c)(2)).
    DoD received no comments on the proposed rule. Therefore, DoD is 
finalizing the interim rule without change.

II. Executive Order 12866

    This rule is not a significant regulatory action and therefore was 
not subject to Office of Management and Budget review under section 
6(b) of Executive Order 12866, Regulatory Planning and Review, dated 
September 30, 1993. This is not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    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. However, DoD has 
prepared a final regulatory flexibility analysis consistent with 5 
U.S.C. 603. A copy of the analysis may be obtained from the point of 
contact specified herein. The analysis is summarized as follows.
    This final rule amends the DFARS to implement section 820 of the 
National Defense Authorization Act for Fiscal Year 2010. Section 820 
requires DoD contracting officers to publish a notification consistent 
with the requirements of FAR 10.001(c)(2) on FedBizOpps.gov, or any 
successor site, at least 30 days prior to the release of a solicitation 
for a bundled acquisition.

[[Page 9680]]

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 small-business 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

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