[Federal Register: September 15, 2008 (Volume 73, Number 179)]
[Rules and Regulations]               
[Page 53156]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 237

RIN 0750-AG04

Defense Federal Acquisition Regulation Supplement; Limitation on 
Service Contracts for Military Flight Simulators (DFARS Case 2008-D013)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 883(b) 
of the National Defense Authorization Act for Fiscal Year 2008. Section 
883(b) changed the conditions under which DoD may waive the prohibition 
on entering into a service contract to acquire a military flight 

DATES: Effective Date: September 15, 2008.

Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
0302; facsimile 703-602-7887. Please cite DFARS Case 2008-D013.


A. Background

    Section 832 of the National Defense Authorization Act for Fiscal 
Year 2007 (Pub. L. 109-364) established a prohibition on the award of a 
DoD service contract for the acquisition of a military flight 
simulator, unless the Secretary of Defense determines that a waiver is 
necessary for national security purposes and provides an economic 
analysis to the congressional defense committees. This prohibition and 
the waiver authority are implemented at DFARS 237.102-71.
    Section 883(b) of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181) amended the conditions for waiver in 
Section 832 of Public Law 109-364 by replacing ``necessary for national 
security purposes'' with ``in the national interest''. This final rule 
amends DFARS 237.102-71 to reflect the change made by Section 883(b) of 
Public Law 110-181.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 

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 Part 237

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR part 237 is amended as follows:


1. The authority citation for 48 CFR part 237 continues to read as 

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

2. Section 237.102-71 is amended by revising paragraph (b) introductory 
text and paragraph (b)(1) to read as follows:

237.102-71  Limitation on service contracts for military flight 

* * * * *
    (b) Under Section 832 of Public Law 109-364, as amended by Section 
883(b) of Public Law 110-181, DoD is prohibited from entering into a 
service contract to acquire a military flight simulator. However, the 
Secretary of Defense may waive this prohibition with respect to a 
contract, if the Secretary--
    (1) Determines that a waiver is in the national interest; and
* * * * *
[FR Doc. E8-21374 Filed 9-12-08; 8:45 am]