[Federal Register: August 2, 2007 (Volume 72, Number 148)]
[Rules and Regulations]
[Page 42315]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02au07-14]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 205 and 225
RIN 0750-AF33
Defense Federal Acquisition Regulation Supplement; Berry
Amendment Notification Requirement (DFARS Case 2006-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 833(a) of the National Defense Authorization Act
for Fiscal Year 2006. Section 833(a) requires the posting of a notice
on the FedBizOpps Internet site, when certain exceptions to domestic
source requirements apply to an acquisition.
DATES: Effective Date: August 2, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-7887. Please cite DFARS Case 2006-D006.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71 FR 58536 on October 4, 2006, to
implement Section 833(a) of the National Defense Authorization Act for
Fiscal Year 2006 (Pub. L. 109-163). Section 833(a) amended 10 U.S.C.
2533a to add a requirement for the posting of a notice on the
FedBizOpps Internet site, within 7 days after award of a contract
exceeding the simplified acquisition threshold, for the acquisition of
(1) certain clothing, fiber, yarn, or fabric items, when DoD has
determined that adequate domestic items are not available; or (2)
chemical warfare protective clothing, when an exception to domestic
source requirements applies because the acquisition furthers an
agreement with a qualifying country.
One source submitted comments on the interim rule, as discussed
below.
Comments: The respondent strongly supported the initiative to
insert transparency into the process of waiving domestic source
requirements. Although the law allows posting within 7 days after
contract award, the respondent encouraged a more immediate notice to
industry, preferably before contract award. The respondent also
suggested that there should be a permanent posting of current domestic
nonavailability determinations, so that industry (especially a company
just entering the contracting arena) would have information regarding
the materials or components for which a waiver has been granted. The
respondent recommended that this information be available in an easily
accessible and permanent location to permit better compliance with
domestic source requirements.
DoD Response: When drafting the interim rule, DoD determined that
the least burdensome approach for posting the notice would be to make
it part of the synopsis that is published after contract award in
accordance with FAR 5.301. Therefore, the final rule continues to
provide for posting of the notice within 7 days after contract award,
consistent with the statutory provisions. A listing of current domestic
nonavailability determinations is available on the Defense Procurement and Acquisition Policy
and Acquisition Policy Web site, at http://www.acq.osd.mil/dpap/paic/dnad.htm
.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. 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 relates to a notification requirement that is
performed by the Government.
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 Parts 205 and 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR Parts 205 and 225, which
was published at 71 FR 58536 on October 4, 2006, is adopted as a final
rule without change.
[FR Doc. E7-14904 Filed 8-1-07; 8:45 am]
BILLING CODE 5001-08-P