[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]



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 

ACTION: Final rule.


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.


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 
    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

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]