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



Defense Acquisition Regulations System

48 CFR Part 217

[DFARS Case 2008-D023]

Defense Federal Acquisition Regulation Supplement; Additional 
Requirements Applicable to Multiyear Contracts

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is adopting as final, with minor editorial corrections, an 
interim rule amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement the National Defense Authorization Act 
for Fiscal Year 2008, section 811, entitled ``Requirements Applicable 
to Multiyear Contracts for the Procurement of Major Systems of the 
Department of Defense.''

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 2008-D023.


A. Background

    DoD published an interim rule at 75 FR 9114 on March 1, 2010, to 
implement section 811 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181), enacted January 28, 2008. The 
period for public comment closed on April 30, 2010. The interim rule 
revised DFARS 217.170 and 217.172 to add six new requirements to which 
the Secretary of Defense must certify in writing when requesting 
congressional authorization to enter into a multiyear contract for a 
major defense acquisition program. Among these requirements is the need 
to certify to certain cost-savings determinations.
    DoD received no comments on the interim rule. Therefore, DoD is 
finalizing the interim rule with minor editorial corrections only.
    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 
additional requirements apply solely to internal Government operating 
procedures. The rule implements section 811 of the National Defense 
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), which only 
imposes new responsibilities on the Secretary of Defense when 
requesting congressional authorization to enter into a multiyear 
contract for a major defense acquisition program. Therefore, the rule 
will have no significant cost or administrative impact on contractors 
or offerors.

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.

Therefore, the interim rule published at 75 FR 9114 on March 1, 2010, 
is adopted as final with the following changes:
1. The authority citation for 48 CFR part 217 continues to read as 

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


2. Section 217.170 is amended by revising paragraph (b) to read as 

217.170   General.

* * * * *
    (b) Any requests for increased funding or reprogramming for 
procurement of a major system under a multiyear contract authorized 
under this section shall be accompanied by an explanation of how the 
request for increased funding affects the determinations made by the 
Secretary of Defense under 217.172(f)(2) (10 U.S.C. 2306b(i)(1)).
* * * * *

3. Section 217.172 is amended by revising paragraphs (d)(2) and (f)(2) 
introductory text to read as follows:

217.172   Multiyear contracts for supplies.

* * * * *
    (d) * * *
    (2) In addition, for contracts equal to or greater than $500 
million, the head of the contracting activity must determine that the 
conditions required by paragraphs (f)(2)(i) through (vii) of this 
section will be met by such contract, in accordance with the 
Secretary's certification and determination required by paragraph 
(f)(2) of this section (10 U.S.C. 2306b(a)(1)(7)).
* * * * *
    (f) * * *
    (2) The Secretary of Defense certifies to Congress in writing, by 
no later than March 1 of the year in which the Secretary requests 
legislative authority to enter into such contracts, that each of the 
conditions in paragraphs (f)(2)(i) through (vii) of this section is 
satisfied (10 U.S.C. 2306b(i)(1)(A)-(G).
* * * * *
[FR Doc. 2010-22232 Filed 9-7-10; 8:45 am]