[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Rules and Regulations]               
[Page 54526-54527]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 217

Defense Federal Acquisition Regulation Supplement; Payment of 
Costs Prior to Definitization--Definition of Contract Action (DFARS 
Case 2009-D035)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is adopting as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the National Defense Authorization Act for Fiscal Year 
2010 to amend the definition of ``contract action'' to include task 
orders and delivery orders.

DATES: Effective Date: September 8, 2010.

Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 Defense 
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
1302; facsimile 703-602-0350. Please cite DFARS Case 2009-D035.

[[Page 54527]]


A. Background

    DoD published an interim rule at 75 FR 10190 on March 5, 2010, to 
implement section 812 of the National Defense Authorization Act for 
Fiscal Year 2010 (Pub. L. 111-84), enacted October 28, 2009. Section 
812 was entitled ``Revision of Defense Supplement Relating to Payment 
of Costs Prior to Definitization.'' The interim rule amended the 
definition of ``contract action'' at DFARS 217.7401(a) to include task 
orders and delivery orders. This had the effect of making task orders 
and delivery orders subject to DoD's policies and procedures for 
undefinitized contract actions.
    The period for public comment closed on May 5, 2010. DoD received 
no comments on the interim rule. Therefore, DoD is finalizing the 
interim rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993. This is not a 
major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    DoD certifies that this 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. No comments from 
small businesses were received during the public comment period, and 
the changes impose no additional requirements on small businesses that 
will impact substantially the way they do business with DoD.

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 217

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

Accordingly, the interim rule amending 48 CFR part 217 which was 
published at 75 FR 10190 on March 5, 2010, is adopted as a final rule 
without change.

[FR Doc. 2010-22228 Filed 9-7-10; 8:45 am]