Defense Federal Acquisition Regulation Supplement; Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031), 38050-38051 [2011-16319]
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38050
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
(b) Be a firm-fixed-price contract, or a
fixed-price contract with an economic
price adjustment clause;
(c) Be in an amount not in excess of
$50 million;
(d) Provide—
(1) For the delivery of an initial lot of
production quantities of completed
items not later than nine months after
the date of the award of such contract;
and
(2) That failure to make delivery as
provided for under paragraph (d)(1) may
result in termination for cause; and
(e) Be—
(1) Exempt from the requirement to
submit certified cost or pricing data;
(2) Exempt from the cost accounting
standards under section 26 of the Office
of Procurement Policy Act (41 U.S.C.
1502); and
(3) Subject to the requirement to
provide data other than certified cost or
pricing data for the purpose of price
reasonableness determinations.
DEPARTMENT OF DEFENSE
As prescribed in 212.7103, use the
following provision:
PILOT PROGRAM FOR ACQUISITION
OF MILITARY-PURPOSE
NONDEVELOPMENTAL ITEMS (JUN
2011)
Use the provision at 252.212–7002,
Pilot Program for Acquisition of
Military-Purpose Nondevelopmental
Items, in all solicitations that meet the
applicability criteria of 212.7102–1 for
this pilot program.
(a) Definitions. As used in this provision—
Military-purpose nondevelopmental item
means a nondevelopmental item that meets
a validated military requirement, as
determined in writing by the responsible
program manager, and has been developed
exclusively at private expense. An item shall
not be considered to be developed at private
expense if development of the item was paid
for in whole or in part through—
(1) Independent research and development
costs or bid and proposal costs, per the
definition in FAR 31.205–18, that have been
reimbursed directly or indirectly by a Federal
agency or have been submitted to a Federal
agency for reimbursement; or
(2) Foreign government funding.
‘‘Nondevelopmental item’’ is defined in
FAR 2.101 and for the purpose of this subpart
also includes previously developed items of
supply that require modifications other than
those customarily available in the
commercial marketplace if such
modifications are consistent with the
requirement of DFARS 212.7102–2(d)(1).
Nontraditional defense contractor means
an entity that is not currently performing and
has not performed, for at least the one-year
period preceding the solicitation of sources
by the Department of Defense for the
procurement or transaction, any of the
following for the Department of Defense—
(1) Any contract or subcontract that is
subject to full coverage under the cost
accounting standards prescribed pursuant to
Section 26 of the Office of Federal
Procurement Policy Act (41 U.S.C. section
1502) and the regulations implementing such
section; or
(2) Any other contract in excess of the
certified cost or pricing data threshold under
which the contractor is required to submit
certified cost or pricing data.
(b) Notice. This is a procurement action
under section 866 of the National Defense
Authorization Act for Fiscal Year 2011, Pilot
Program for Acquisition of Military-Purpose
Nondevelopmental Items, and is subject to
the limitations outlined in DFARS 212.7102.
(c) Representation. By submission of its
offer, the offeror represents that it is a
nontraditional defense contractor.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
(End of provision)
*
*
*
*
3. Amend part 252 by adding new
section 252.212–7002 to read as follows:
BILLING CODE 5001–08–P
212.7102–2
Reporting requirements.
Departments and agencies shall
prepare a consolidated annual report to
provide information about contracts
awarded under this pilot authority. The
report shall be submitted to the Office
of the Deputy Director, Defense
Procurement and Acquisition Policy
(Contract Policy and International
Contracting), by October 31 each year in
accordance with the procedures at PGI
212.7102. See PGI 212.7102 for annual
reporting format.
212.7102–3
Sunset of the pilot authority.
(a) The authority to carry out the pilot
program described in this subpart
expires on January 6, 2016.
(b) The expiration under paragraph (a)
of this section of the authority to carry
out the pilot program will not affect the
validity of any contract awarded under
the pilot program before the expiration
of the pilot program under that
paragraph.
212.7103
mstockstill on DSK4VPTVN1PROD with RULES
252.212–7002 Pilot Program for
Acquisition of Military-Purpose
Nondevelopmental Items.
Solicitation provision.
■
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16:04 Jun 28, 2011
Jkt 223001
*
[FR Doc. 2011–16316 Filed 6–28–11; 8:45 am]
PO 00000
Frm 00072
Fmt 4700
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Defense Acquisition Regulations
System
48 CFR Part 215
RIN 0750–AH30
Defense Federal Acquisition
Regulation Supplement; Management
of Manufacturing Risk in Major
Defense Acquisition Programs (DFARS
Case 2011–D031)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
to implement section 812 of the
National Defense Authorization Act for
Fiscal Year 2011. Section 812(b)(5)
instructs DoD to issue guidance that, at
a minimum, shall require appropriate
consideration of the manufacturing
readiness and manufacturing-readiness
processes of potential contractors and
subcontractors as a part of the source
selection process for major defense
acquisition programs.
DATES: Effective June 29, 2011.
Comments on the interim rule should be
submitted in writing to the address
shown below on or before August 29,
2011 to be considered in the formation
of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2011–D031,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D031’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D031.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D031’’ on your
attached document.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D031 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Dustin
Pitsch, 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),
SUMMARY:
E:\FR\FM\29JNR1.SGM
29JNR1
Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Rules and Regulations
please check www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Dustin Pitsch, telephone 703 602–0289.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) subpart 215.3,
Source Selection. It amends DFARS
215.304(c) by adding paragraph (iv) to
state that the manufacturing readiness
and manufacturing-readiness processes
of potential contractors and
subcontractors shall be considered as a
part of the source selection process for
major defense acquisition programs.
mstockstill on DSK4VPTVN1PROD with RULES
II. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is a
significant regulatory action and,
therefore, was subject to review under
Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated
September 30, 1993. This rule is not a
major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD has performed an initial
regulatory flexibility analysis consistent
with 5 U.S.C. 603. The interim rule will
apply to DoD Major Defense Acquisition
Program contractors and subcontractors.
As such, it is not expected that this rule
will have a significant impact on a
significant number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.
However, an Initial Regulatory
Flexibility Analysis has been prepared
and is summarized as follows.
This interim rule amends the DFARS
to implement section 812 of the
National Defense Authorization Act for
FY 2011 (Pub. L. 111–383) (10 U.S.C.
2430 note). Section 812(b)(5) requires
appropriate consideration of the
manufacturing readiness and
manufacturing readiness processes of
potential contractors and subcontractors
as a part of the source selection process
for major defense acquisition programs.
VerDate Mar<15>2010
16:04 Jun 28, 2011
Jkt 223001
The rule will apply to DoD Major
Defense Acquisition Program
contractors and subcontractors. Most
major defense acquisition programs are
awarded to large concerns as they are of
a scope too large for any small business
to perform. As such, it is not expected
that this rule will have a significant
impact on a significant number of small
entities.
The interim rule imposes no
reporting, recordkeeping, or other
information collection requirements.
The proposed rule does not duplicate,
overlap, or conflict with any other
Federal rules. There are no known
significant alternatives to the rule that
would meet the requirements of the
statute.
DoD invites comments from small
businesses and other interested parties
on the expected impact of this rule on
small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
601. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D031) in
correspondence.
IV. Paperwork Reduction Act
V. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
section 812 of the National Defense
Authorization Act for Fiscal Year 2011,
enacted on January 7, 2011. Section 812
requires implementation within 180
days, by July 6, 2011, and an interim
rule is required to meet the
implementation date. This action is
necessary in order to require contracting
officers to consider the manufacturing
readiness and manufacturing-readiness
processes of potential contractors and
subcontractors as a part of the source
selection process for major defense
acquisition programs. Comments
received in response to this interim rule
will be considered in the formation of
the final rule.
Frm 00073
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Part 215
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 215 is
amended as follows:
PART 215—CONTRACTING BY
NEGOTIATION
1. The authority citation for 48 CFR
part 215 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 215.304 by adding
paragraph (c)(iv) to read as follows:
■
215.304 Evaluation factors and significant
subfactors.
(c) * * *
(iv) In accordance with section 812 of
the National Defense Authorization Act
for Fiscal Year 2011, consider the
manufacturing readiness and
manufacturing-readiness processes of
potential contractors and subcontractors
as a part of the source selection process
for major defense acquisition programs.
[FR Doc. 2011–16319 Filed 6–28–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
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).
PO 00000
38051
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AG93
Defense Federal Acquisition
Regulation Supplement; Definition of
Sexual Assault (DFARS Case 2010–
D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
ensure contractor employees
accompanying U.S. Armed Forces are
made aware of the DoD definition of
sexual assault as defined in DoD
Directive 6495.01, Sexual Assault
Prevention and Response Program, and
that many of the offenses addressed in
the definition are covered under the
Uniform Code of Military Justice.
Further, sexual assault offenses in the
definition, which are not covered by the
Uniform Code of Military Justice, may
nevertheless have consequences to
contractor employees under DFARS
SUMMARY:
E:\FR\FM\29JNR1.SGM
29JNR1
]]>Agencies
[Federal Register Volume 76, Number 125 (Wednesday, June 29, 2011)]
[Rules and Regulations]
[Pages 38050-38051]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16319]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 215
RIN 0750-AH30
Defense Federal Acquisition Regulation Supplement; Management of
Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case
2011-D031)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing an interim rule to implement section 812 of the
National Defense Authorization Act for Fiscal Year 2011. Section
812(b)(5) instructs DoD to issue guidance that, at a minimum, shall
require appropriate consideration of the manufacturing readiness and
manufacturing-readiness processes of potential contractors and
subcontractors as a part of the source selection process for major
defense acquisition programs.
DATES: Effective June 29, 2011. Comments on the interim rule should be
submitted in writing to the address shown below on or before August 29,
2011 to be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2011-D031, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2011-D031'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2011-D031.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2011-D031'' on your attached
document.
[cir] E-mail: dfars@osd.mil. Include DFARS Case 2011-D031 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Dustin Pitsch, 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),
[[Page 38051]]
please check www.regulations.gov approximately two to three days after
submission to verify posting (except allow 30 days for posting of
comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 703 602-
0289.
SUPPLEMENTARY INFORMATION:
I. Background
This interim rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) subpart 215.3, Source Selection. It amends DFARS
215.304(c) by adding paragraph (iv) to state that the manufacturing
readiness and manufacturing-readiness processes of potential
contractors and subcontractors shall be considered as a part of the
source selection process for major defense acquisition programs.
II. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is a significant regulatory action and, therefore,
was subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD has performed an initial regulatory flexibility analysis
consistent with 5 U.S.C. 603. The interim rule will apply to DoD Major
Defense Acquisition Program contractors and subcontractors. As such, it
is not expected that this rule will have a significant impact on a
significant number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, an Initial
Regulatory Flexibility Analysis has been prepared and is summarized as
follows.
This interim rule amends the DFARS to implement section 812 of the
National Defense Authorization Act for FY 2011 (Pub. L. 111-383) (10
U.S.C. 2430 note). Section 812(b)(5) requires appropriate consideration
of the manufacturing readiness and manufacturing readiness processes of
potential contractors and subcontractors as a part of the source
selection process for major defense acquisition programs.
The rule will apply to DoD Major Defense Acquisition Program
contractors and subcontractors. Most major defense acquisition programs
are awarded to large concerns as they are of a scope too large for any
small business to perform. As such, it is not expected that this rule
will have a significant impact on a significant number of small
entities.
The interim rule imposes no reporting, recordkeeping, or other
information collection requirements. The proposed rule does not
duplicate, overlap, or conflict with any other Federal rules. There are
no known significant alternatives to the rule that would meet the
requirements of the statute.
DoD invites comments from small businesses and other interested
parties on the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 601. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2011-D031) in
correspondence.
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).
V. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements section 812 of the National Defense
Authorization Act for Fiscal Year 2011, enacted on January 7, 2011.
Section 812 requires implementation within 180 days, by July 6, 2011,
and an interim rule is required to meet the implementation date. This
action is necessary in order to require contracting officers to
consider the manufacturing readiness and manufacturing-readiness
processes of potential contractors and subcontractors as a part of the
source selection process for major defense acquisition programs.
Comments received in response to this interim rule will be considered
in the formation of the final rule.
List of Subjects in 48 CFR Part 215
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 215 is amended as follows:
PART 215--CONTRACTING BY NEGOTIATION
0
1. The authority citation for 48 CFR part 215 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 215.304 by adding paragraph (c)(iv) to read as
follows:
215.304 Evaluation factors and significant subfactors.
(c) * * *
(iv) In accordance with section 812 of the National Defense
Authorization Act for Fiscal Year 2011, consider the manufacturing
readiness and manufacturing-readiness processes of potential
contractors and subcontractors as a part of the source selection
process for major defense acquisition programs.
[FR Doc. 2011-16319 Filed 6-28-11; 8:45 am]
BILLING CODE 5001-08-P
