[Federal Register: January 13, 2000 (Volume 65, Number 9)]
[Rules and Regulations]
[Page 2057-2058]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13ja00-20]

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DEPARTMENT OF DEFENSE

48 CFR Part 235

[DFARS Case 99-D302]


Defense Federal Acquisition Regulation Supplement; Manufacturing
Technology Program

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Acting Director of Defense Procurement has issued an
interim rule amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement Section 216 of the National Defense
Authorization Act for Fiscal Year 2000. Section 216 amends statutory
provisions pertaining to cost-sharing requirements for contract5s under
the Manufacturing Technology Program.

DATES: Effective date: January 13, 2000.
    Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before March 13, 2000, to be
considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Susan Schneider,
PDUSD(AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax (703) 602-0350.
    E-Mail comments submitted via the internet should be addressed to:
dfars@acq.osd.mil
    Please cite DFARS Case 99-D302 in all correspondence related to
this rule. E-mail comments should cite DFARS Case 99-D302 in the
subject line.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule revises DFARS 235.006-70 to implement Section 216
of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L.
106-65). Section 216 amends 10 U.S.C. 2525 to eliminate the mandatory
cost-sharing requirements for contracts under the Manufacturing
Technology Program, and to provide that cost sharing be included as a
factor in competitive procedures for evaluating proposals under
manufacturing technology projects.
    This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.

[[Page 2058]]

B. Regulatory Flexibility Act

    DoD does not expect this rule to 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 DoD awards
approximately only 20 new contracts under the Manufacturing Technology
Program each year. Therefore, DoD has not performed an initial
regulatory Flexibility analysis. DoD invites comments from small
businesses and other interested parties. DoD also will consider
comments from small entities concerning the affected DFARS subpart in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 99-D302.

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.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish this
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 216 of the National Defense
Authorization Act for Fiscal Year 2000. Section 216 eliminates the
mandatory cost-sharing requirements in the Manufacturing Technology
Program and provides that cost sharing be included as a factor in
competitive procedures for evaluating proposals under manufacturing
technology projects. Section 216 because effective on October 5, 1999.
DoD will consider comments received in response to this interim rule in
the formation of the final rule.

List of Subject in 48 CFR Part 235

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

    Therefore, 48 CFR Part 235 is amended as follows:
    1. The authority citation for 48 CFR Part 235 continues to read as
follows:

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

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

    2. Section 235.006-70 is revised to read as follows:

235.006-70  Manufacturing Technology Program.

    In accordance with 10 U.S.C. 2525(d), for acquisitions under the
Manufacturing Technology Program--
    (a) Award all contracts using competitive procedures; and
    (b) Include in all solicitations an evaluation factor that
addresses the extent to which offerors propose to share in the cost of
the project (see FAR 15.304).

[FR Doc. 00-764 Filed 1-12-00; 8:45 am]
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