[Federal Register: November 19, 2009 (Volume 74, Number 222)]
[Rules and Regulations]
[Page 59916-59917]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19no09-11]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225, 236, and 252
RIN 0750-AG16
Defense Federal Acquisition Regulation Supplement; Steel for
Military Construction Projects (DFARS Case 2008-D038)
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 108 of the Military Construction and Veterans
Affairs Appropriations Act, 2009. Section 108 requires that American
steel producers, fabricators, and manufacturers be given the
opportunity to compete for contracts and subcontracts for the
acquisition of steel for use in military construction projects or
activities.
DATES: Effective Date: November 19, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2008-D038.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 2417 on January 15, 2009, to
implement section 108 of the Military Construction and Veterans Affairs
[[Page 59917]]
Appropriations Act, 2009 (Pub. L. 110-329, Division E). Section 108
prohibits the use of funds appropriated in Title I of that Act for the
procurement of steel for any military construction project or activity
for which American steel producers, fabricators, or manufacturers have
been denied the opportunity to compete.
DoD received no comments on the interim rule. Therefore, DoD has
adopted the interim rule as a final rule without change.
This rule was subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD has prepared a final regulatory flexibility analysis consistent
with 5 U.S.C. 604. A copy of the analysis may be obtained from the
point of contact specified herein. The analysis is summarized as
follows:
This rule implements section 108 of the Military Construction and
Veterans Affairs Appropriations Act, 2009. The objective of the rule is
to ensure that American steel producers, fabricators, and manufacturers
are given the opportunity to compete for contracts and subcontracts for
the acquisition of steel for use in military construction projects and
activities. Existing Buy American Act and Balance of Payments Program
requirements, implemented in FAR Subpart 25.2 and DFARS Subpart 225.75
respectively, already provide for DoD acquisition of domestic
construction materials, including steel. However, this DFARS rule will
prohibit use of the exceptions to Buy American Act/Balance of Program
requirements otherwise permitted by FAR/DFARS, with regard to the
acquisition of steel, unless American steel producers, fabricators, and
manufacturers are first provided the opportunity to compete. The rule
is expected to benefit American steel producers, fabricators, and
manufacturers by ensuring they are provided an opportunity to compete
for contracts and subcontracts for the acquisition of steel for use in
military construction projects and activities. DoD received no comments
on the initial regulatory flexibility analysis or on any other aspect
of the interim rule.
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 Parts 225, 236, and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
0
Accordingly, the interim rule amending 48 CFR parts 225, 236, and 252,
which was published at 74 FR 2417 on January 15, 2009, is adopted as a
final rule without change.
[FR Doc. E9-27845 Filed 11-18-09; 8:45 am]
BILLING CODE 5001-08-P