[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Rules and Regulations]               
[Page 54524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Defense Acquisition Regulations System

48 CFR Part 207

RIN 0750-AG61

Defense Federal Acquisition Regulation Supplement; Acquisition 
Strategies To Ensure Competition Throughout the Life Cycle of Major 
Defense Acquisition Programs (DFARS Case 2009-D014)

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 Weapon Systems Acquisition Reform Act of 2009, to 
improve the organization and procedures of DoD for the acquisition of 
major weapon systems.

DATES: Effective Date: September 8, 2010.

FOR FURTHER INFORMATION CONTACT:  Ms. Meredith Murphy, 703-602-1302.


A. Background

    On May 22, 2009, the Weapon Systems Acquisition Reform Act (Pub. L. 
111-23) was enacted to improve the organization and procedures of DoD 
for the acquisition of major weapon systems. This law establishes new 
oversight entities within DoD, as well as new and varied weapon system 
acquisition and management reporting requirements.
    Section 202 directs the Secretary of Defense (SECDEF) to ensure 
that the acquisition strategy for each major defense acquisition 
program (MDAP) includes: (1) Measures to ensure competition at both the 
prime contract and subcontract level of the MDAP throughout its life 
cycle as a means to improve contractor performance; and (2) adequate 
documentation of the rationale for selection of the subcontractor tier 
or tiers. It also outlines measures to ensure such competition. 
Furthermore, it requires the SECDEF: (1) To take specified actions to 
ensure fair and objective ``make-buy'' decisions by prime contractors 
on MDAPs; and (2) whenever a decision regarding the source of repair 
results in a plan to award a contract for performance of maintenance 
and sustainment of a major weapon system, to ensure that such contract 
is awarded on a competitive basis with full consideration of all 
    An interim rule was published at 75 FR 8272 on February 24, 2010. 
No comments were received in response to the interim rule.
    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., because the 
changes are to internal Government organization and operating 
procedures only. The rule imposes new oversight and reporting 
requirements internal only to DoD. As such, the rule imposes no changes 
on contractors doing 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 207

    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 207 which was 
published at 75 FR 8272 on February 24, 2010, is adopted as a final 
rule without change.

[FR Doc. 2010-22230 Filed 9-7-10; 8:45 am]