[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Rules and Regulations]
[Page 59916]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no09-10]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212
RIN 0750-AG17
Defense Federal Acquisition Regulation Supplement; Pilot Program
for Transition to Follow-On Contracting After Use of Other Transaction
Authority (DFARS Case 2008-D030)
AGENCY: Defense Acquisition Regulations System, 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 824 of the National Defense Authorization Act for
Fiscal Year 2009. Section 824 amended the DoD pilot program for
transition to follow-on contracting after use of other transaction
authority, to establish a new program expiration date and to include
items developed under research projects within the scope of the
program.
DATES: Effective Date: November 19, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
8383; facsimile 703-602-7887. Please cite DFARS Case 2008-D030.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 2415 on January 15, 2009, to
implement section 824 of the National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417). The rule amended the DoD pilot
program for transition to follow-on contracting after use of other
transaction authority, to establish a new program expiration date and
to add items developed under research projects to the types of items to
which the program applies. The pilot program provides that certain
items that do not otherwise meet the definition of ``commercial item''
may be treated as commercial items in the award of contracts and
subcontracts that follow an other transaction agreement.
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.
Although the rule is expected to ease the transition of nontraditional
defense contractors from the use of other transaction agreements to
standard contracts, the economic impact is not expected to be
substantial.
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 212
Government procurement.
Amy G. Williams,
Editor, Defense Acquisitions Regulations System.
0
Accordingly, the interim rule amending 48 CFR part 212, which was
published at 74 FR 2415 on January 15, 2009, is adopted as a final rule
without change.
[FR Doc. E9-27843 Filed 11-18-09; 8:45 am]
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