[Federal Register: November 1, 2001 (Volume 66, Number 212)]
[Rules and Regulations]               
[Page 55123]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no01-18]                         

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DEPARTMENT OF DEFENSE

48 CFR Part 213

[DFARS Case 2000-D019]

 
Defense Federal Acquisition Regulation Supplement; Overseas Use 
of the Purchase Card in Contingency, Humanitarian, or Peacekeeping 
Operations

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to permit contracting 
officers supporting an overseas contingency, humanitarian, or 
peacekeeping operation to use the Governmentwide commercial purchase 
card on a stand-alone basis for purchases valued at or below the 
simplified acquisition threshold. Use of the purchase card streamlines 
purchasing and payment procedures and, therefore, increases operational 
efficiency.

EFFECTIVE DATE: November 1, 2001.

FOR FURTHER INFORMATION CONTACT: Ms. Angelena Moy, Defense Acquisition 
Regulations Council, OUSD(AT&L)DP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-1302; 
facsimile (703) 602-0350.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the policy at DFARS 213.301 to permit 
contracting officers supporting a contingency operation, as defined in 
10 U.S.C. 101(a)(13), or a humanitarian or peacekeeping operation, as 
defined in 10 U.S.C. 2302(8), to use the Governmentwide commercial 
purchase card on a stand-alone basis for purchases valued at or below 
the simplified acquisition threshold. In accordance with FAR 2.101, the 
simplified acquisition threshold for contingency, humanitarian, or 
peacekeeping operations is $200,000.
    Use of the purchase card at the $200,000 threshold is subject to 
the existing conditions at DFARS 213.301 and the following additional 
conditions: (1) The supplies or services must be immediately available; 
and (2) Only one delivery and one payment will be made. These 
additional conditions are similar to those placed on use of the 
Standard Form 44, Purchase Order-Invoice-Voucher, in accordance with 
FAR 13.306 and DFARS 213.306.
    DoD published a proposed rule at 65 FR 56858 on September 20, 2000. 
DoD received no comments on the proposed rule. DoD has adopted the 
proposed 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 applies only to purchases that are made outside the 
United States for use outside the United States in support of 
contingency, humanitarian, or peacekeeping operations.

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 213

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 213 is amended as follows:
    1. The authority citation for 48 CFR Part 213 continues to read as 
follows:

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

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

    2. Section 213.301 is amended by adding paragraph (3) to read as 
follows:


213.301  Government-wide commercial purchase card.

* * * * *
    (3) A contracting officer supporting a contingency operation as 
defined in 10 U.S.C. 101(a)(13) or a humanitarian or peacekeeping 
operation as defined in 10 U.S.C. 2302(8) also may use the 
Governmentwide commercial purchase card to make a purchase that exceeds 
the micro-purchase threshold but does not exceed the simplified 
acquisition threshold, if;
    (i) The supplies or services being purchased are immediately 
available;
    (ii) One delivery and one payment will be made; and
    (iii) The requirements of paragraphs (2)(i) and (ii) of this 
section are met.

[FR Doc. 01-27371 Filed 10-31-01; 8:45 am]
BILLING CODE 5000-04-U