Defense Federal Acquisition Regulation Supplement: Management of Manufacturing Risk in Major Defense Acquisition Programs (DFARS Case 2011-D031), 71465 [2011-29894]

Download as PDF Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations II. Executive Orders 12866 and 13563 PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 71465 Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). 48 CFR Part 215 Executive Orders (E.O.s) 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 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 DEPARTMENT OF DEFENSE RIN 0750–AH30 A Final Regulatory Flexibility Analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows: This final rule amends the DFARS to implement section 812 of the National Defense Authorization Act for Fiscal Year 2011, (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. No public comments were received in response to the initial regulatory flexibility analysis. No comments were filed by the Chief Counsel for Advocacy of the Small Business Administration in response to the interim rule. The rule will apply to DoD Major Defense Acquisition Program contractors and subcontractors. Most major defense acquisition programs are awarded to large concerns as these programs 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 final rule imposes no reporting, recordkeeping, or other information collection requirements. There are no known significant alternatives to the rule that would meet the requirements of the statute. The impact on small entities is expected to be positive. Defense Acquisition Regulations System 3. Amend section 252.204–7007 by— (a) Amending the clause date by removing ‘‘(SEP 2011)’’ and adding in its place ‘‘(NOV 2011)’’; and ■ (b) Amending paragraph (e) by removing the Internet address ‘‘https:// orca.bpn.gov/’’ and adding in its place ‘‘https://www.acquisition.gov/’’. ■ ■ [FR Doc. 2011–29900 Filed 11–17–11; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 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: Final rule. AGENCY: DoD is adopting as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of National Defense Authorization Act for Fiscal Year 2011 requiring 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 Date: November 18, 2011. SUMMARY: Mr. Dustin Pitsch, telephone 703–602–0289. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: emcdonald on DSK5VPTVN1PROD with RULES I. Background DoD published an interim rule in the Federal Register at 76 FR 38050 on June 29, 2011, to amend Defense Federal Acquisition Regulation Supplement (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. No public comments were submitted in response to the interim rule. VerDate Mar<15>2010 16:24 Nov 17, 2011 Jkt 226001 IV. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 List of Subjects in 48 CFR Part 215 Government procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 215, which was published at 76 FR 38050 on June 29, 2011, is adopted as a final rule without change. ■ [FR Doc. 2011–29894 Filed 11–17–11; 8:45 am] BILLING CODE 5001–06–P 48 CFR Part 216 RIN 0750–AG66 Defense Federal Acquisition Regulations Supplement; Notification Requirements for Awards of SingleSource Task- or Delivery-Order Contracts (DFARS Case 2009–D036) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is adopting as final, with changes, an interim rule amending the Defense Federal Acquisition Regulation Supplement to implement the National Defense Authorization Act for Fiscal Year 2010 regarding the notification requirements to Congress when awarding a single-award task- or delivery-order contract in excess of $103 million. DATES: Effective date: November 18, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone (703) 602– 8383. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published an interim rule at 75 FR 40716 on July 13, 2010, to implement section 814 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010, (Pub. L. 111–84, enacted October 28, 2009). The public comment period closed on September 13, 2010. Three respondents submitted comments in response to the interim rule. E:\FR\FM\18NOR1.SGM 18NOR1

Agencies

[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Page 71465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29894]


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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: Final rule.

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

SUMMARY: DoD is adopting as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement to 
implement a section of National Defense Authorization Act for Fiscal 
Year 2011 requiring 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 Date: November 18, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 703-602-
0289.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published an interim rule in the Federal Register at 76 FR 
38050 on June 29, 2011, to amend Defense Federal Acquisition Regulation 
Supplement (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. 
No public comments were submitted in response to the interim rule.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 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

    A Final Regulatory Flexibility Analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    This final rule amends the DFARS to implement section 812 of the 
National Defense Authorization Act for Fiscal Year 2011, (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.
    No public comments were received in response to the initial 
regulatory flexibility analysis. No comments were filed by the Chief 
Counsel for Advocacy of the Small Business Administration in response 
to the interim rule.
    The rule will apply to DoD Major Defense Acquisition Program 
contractors and subcontractors. Most major defense acquisition programs 
are awarded to large concerns as these programs 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 final rule imposes no reporting, recordkeeping, or other 
information collection requirements.
    There are no known significant alternatives to the rule that would 
meet the requirements of the statute. The impact on small entities is 
expected to be positive.

IV. Paperwork Reduction Act

    The rule does not contain 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 Part 215

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR part 215, which was 
published at 76 FR 38050 on June 29, 2011, is adopted as a final rule 
without change.

[FR Doc. 2011-29894 Filed 11-17-11; 8:45 am]
BILLING CODE 5001-06-P