[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 209

RIN 0750-AG22

Defense Federal Acquisition Regulation Supplement; List of Firms
Owned or Controlled by the Government of a Terrorist Country (DFARS
Case 2008-D025)

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 address procedures for
notifying the appropriate DoD office of any information indicating that
a firm or a subsidiary of a firm may be owned or controlled by the
Government of a terrorist country. The notifications will facilitate
maintenance of a list of such firms, as required by statute.

DATES: Effective Date: January 15, 2009.

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 2008-D025.


A. Background

    10 U.S.C. 2327(d) requires DoD to develop and maintain a list of
all firms, and subsidiaries of firms, that are owned or controlled by
the government of a terrorist country and that, therefore, are subject
to a prohibition on DoD contract awards.
    To facilitate maintenance of the list required by 10 U.S.C.
2327(d), this final rule amends DFARS 209.104-1 and 209.104-70 to
address DoD procedures for forwarding, to the appropriate office, any
information indicating that a firm or a subsidiary of a firm may be
owned or controlled by the government of a terrorist country.
    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 209

    Government procurement.

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

Therefore, 48 CFR part 209 is amended as follows:


1. The authority citation for 48 CFR part 209 continues to read as

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

2. Section 209.104-1 is amended by adding paragraph (g)(i)(C) to read
as follows:

209.104-1  General standards.

* * * * *
    (g)(i) * * *
    (C) Forward any information indicating that a firm or a subsidiary
of a firm may be owned or controlled by the government of a terrorist
country, through agency channels, to: Deputy Director, Defense
Procurement (Contract Policy and International Contracting,
OUSD(AT&L)DPAP(CPIC)), 3060 Defense Pentagon, Washington, DC 20301-
* * * * *

3. Section 209.104-70 is amended in paragraph (a) by revising the
second sentence to read as follows:

209.104-70  Solicitation provisions.

    (a) * * * Any disclosure that the government of a terrorist country
has a significant interest in an offeror or a subsidiary of an offeror
shall be forwarded through agency channels to the address at 209.104-
* * * * *
[FR Doc. E9-670 Filed 1-14-09; 8:45 am]