[Federal Register: September 16, 2005 (Volume 70, Number 179)]
[Rules and Regulations]
[Page 54651-54652]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se05-15]

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DEPARTMENT OF DEFENSE

48 CFR Part 217

[DFARS Case 2004-D024]


Defense Federal Acquisition Regulation Supplement; Multiyear
Contracting

AGENCY: 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 8008 of the Defense Appropriations Act for Fiscal
Year 2005 and Section 814 of the National Defense Authorization Act for
Fiscal Year 2005. Sections 8008 and 814 contain requirements related to
the funding of multiyear contracts.

DATES: Effective September 16, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2004-D024.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 70 FR 24323 on May 9, 2005, to
implement Section 8008 of the Defense Appropriations Act for Fiscal
Year 2005 (Pub. L. 108-287) and Section 814 of the

[[Page 54652]]

National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108-
375). Section 814 requires DoD to provide notice and supporting
rationale to Congress before awarding a multiyear contract containing a
cancellation ceiling exceeding $100 million that is not fully funded.
Section 8008 places additional restrictions on the award of multiyear
contracts for supplies using fiscal year 2005 appropriated funds.
    DoD received no comments on the interim rule. Therefore, DoD has
adopted the interim rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final 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 rule addresses internal DoD planning, budgeting, and
reporting requirements related to the award of multiyear contracts.

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.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Part 217, which was
published at 70 FR 24323 on May 9, 2005, is adopted as a final rule
without change.

[FR Doc. 05-18475 Filed 9-15-05; 8:45 am]

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