[Federal Register: October 19, 2009 (Volume 74, Number 200)]
[Rules and Regulations]               
[Page 53413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AG33

Defense Federal Acquisition Regulation Supplement; Restriction on 
Research and Development--Deletion of Obsolete Text (DFARS Case 2009-

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 remove obsolete text 
addressing a restriction on awards to foreign entities for DoD research 
and development. The restriction implemented a statutory provision that 
is no longer in effect.

DATES: Effective Date: October 19, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 
703-602-7887. Please cite DFARS Case 2009-D005.


A. Background

    This final rule removes DFARS 225.7016, Restriction on Research and 
Development, since the underlying statutory provision (Section 744 of 
the DoD Appropriations Act for Fiscal Year 1973 (Pub. L. 92-570)) is no 
longer in effect. Section 744 of Public Law 92-570 prohibited the use 
of DoD appropriations to make an award to any foreign corporation, 
organization, person, or entity, for research and development in 
connection with any weapon system or other military equipment, if a 
U.S. corporation, organization, person, or entity was equally competent 
and willing to perform at a lower cost.
    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 subparts 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 Parts 225 and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

Therefore, 48 CFR Parts 225 and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 225 and 252 continues to 
read as follows:

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


225.7016  [Removed]

2. Section 225.7016 is removed.

225.7017, 225.7017-1, 225.7017-2, 225.7017-3, and 225.7017-
4  [Redesignated]

3. Sections 225.7017, 225.7017-1, 225.7017-2, 225.7017-3, and 225.7017-
4 are redesignated as sections 225.7016, 225.7016-1, 225.7016-2, 
225.7016-3, and 225.7016-4 respectively.

225.7016-3  [Amended]

4. Newly designated section 225.7016-3 is amended in paragraph (b), in 
the second sentence, by removing ``225.7017-3'' and adding in its place 


252.225-7018  [Amended]

5. Section 252.225-7018 is amended in the introductory text by removing 
``225.7017-4'' and adding in its place ``225.7016-4''.

[FR Doc. E9-25067 Filed 10-16-09; 8:45 am]