[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]               
[Page 57191]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



48 CFR Part 225

[DFARS Case 2005-D019]

Defense Federal Acquisition Regulation Supplement; Defense 
Logistics Agency Waiver Authority

AGENCY: Department of Defense (DoD).

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to authorize the Defense 
Logistics Agency Component Acquisition Executive to waive domestic 
source restrictions on the acquisition of ball and roller bearings, 
when adequate domestic supplies are not available to meet DoD 
requirements on a timely basis.

EFFECTIVE DATE: September 30, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2005-D019.


A. Background

    The annual DoD appropriations acts restrict the acquisition of ball 
and roller bearings to those produced by a domestic source and of 
domestic origin (Section 8064 of the Fiscal Year 2001 DoD 
Appropriations Act (Public Law 106-259) and similar sections in 
subsequent DoD appropriations acts). The appropriations acts provide 
that the Secretary of the military department responsible for the 
procurement may waive the restriction on a case-by-case basis by 
certifying in writing to the Committees on Appropriations of the House 
of Representatives and the Senate, that adequate domestic supplies are 
not available to meet DoD requirements on a timely basis, and that such 
an acquisition must be made in order to acquire capability for national 
security purposes. This final rule revises DFARS 225.7009-3(c) to 
delegate this waiver authority to the Defense Logistics Agency (DLA) 
Component Acquisition Executive, for DLA acquisitions that meet the 
specified criteria.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
is not required. However, DoD will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should cite DFARS Case 2005-D019.

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 225

    Government procurement.

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

Therefore, 48 CFR part 225 is amended as follows:


1. The authority citation for 48 CFR part 225 continues to read as 

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

2. Section 225.7009-3 is amended by revising paragraph (c) introductory 
text to read as follows:

225.7009-3  Waiver.

* * * * *
    (c) The Secretary of the department responsible for acquisition or, 
for the Defense Logistics Agency, the Component Acquisition Executive, 
may waive the restriction in 225.7009-1(b), on a case-by-case basis, by 
certifying to the House and Senate Committees on Appropriations that--
* * * * *
[FR Doc. 05-19457 Filed 9-29-05; 8:45 am]