[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Rules and Regulations]               
[Page 59916-59917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no09-11]                         

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225, 236, and 252

RIN 0750-AG16

 
Defense Federal Acquisition Regulation Supplement; Steel for 
Military Construction Projects (DFARS Case 2008-D038)

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 108 of the Military Construction and Veterans 
Affairs Appropriations Act, 2009. Section 108 requires that American 
steel producers, fabricators, and manufacturers be given the 
opportunity to compete for contracts and subcontracts for the 
acquisition of steel for use in military construction projects or 
activities.

DATES: Effective Date: November 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 2008-D038.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 74 FR 2417 on January 15, 2009, to 
implement section 108 of the Military Construction and Veterans Affairs

[[Page 59917]]

Appropriations Act, 2009 (Pub. L. 110-329, Division E). Section 108 
prohibits the use of funds appropriated in Title I of that Act for the 
procurement of steel for any military construction project or activity 
for which American steel producers, fabricators, or manufacturers have 
been denied the opportunity to compete.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim rule as a final rule without change.
    This rule was subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD has prepared a final regulatory flexibility analysis consistent 
with 5 U.S.C. 604. A copy of the analysis may be obtained from the 
point of contact specified herein. The analysis is summarized as 
follows:
    This rule implements section 108 of the Military Construction and 
Veterans Affairs Appropriations Act, 2009. The objective of the rule is 
to ensure that American steel producers, fabricators, and manufacturers 
are given the opportunity to compete for contracts and subcontracts for 
the acquisition of steel for use in military construction projects and 
activities. Existing Buy American Act and Balance of Payments Program 
requirements, implemented in FAR Subpart 25.2 and DFARS Subpart 225.75 
respectively, already provide for DoD acquisition of domestic 
construction materials, including steel. However, this DFARS rule will 
prohibit use of the exceptions to Buy American Act/Balance of Program 
requirements otherwise permitted by FAR/DFARS, with regard to the 
acquisition of steel, unless American steel producers, fabricators, and 
manufacturers are first provided the opportunity to compete. The rule 
is expected to benefit American steel producers, fabricators, and 
manufacturers by ensuring they are provided an opportunity to compete 
for contracts and subcontracts for the acquisition of steel for use in 
military construction projects and activities. DoD received no comments 
on the initial regulatory flexibility analysis or on any other aspect 
of the interim rule.

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, 236, and 252

    Government procurement.

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

0
Accordingly, the interim rule amending 48 CFR parts 225, 236, and 252, 
which was published at 74 FR 2417 on January 15, 2009, is adopted as a 
final rule without change.

[FR Doc. E9-27845 Filed 11-18-09; 8:45 am]

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