[Federal Register: August 20, 2010 (Volume 75, Number 161)]
[Rules and Regulations]
[Page 51416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20au10-11]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 202, 212, and 234
[DFARS Case 2008-D011]
Defense Federal Acquisition Regulation Supplement; Acquisition of
Commercial Items
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is adopting as final, without change, the interim rule
that amended the Defense Federal Acquisition Regulation Supplement
(DFARS) to implement sections 805 and 815 of the National Defense
Authorization Act for Fiscal Year 2008. This rule specified when time-
and-materials or labor-hour contracts may be used for the acquisition
of commercial items, and revised the language to address the conditions
under which major weapon systems or subsystems may be treated as
commercial items.
DATES: Effective Date: August 20, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Cassandra R. Freeman, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 Defense
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
8383; facsimile 703-602-0350. Please cite DFARS Case 2008-D011.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 74 FR 34263 on July 15, 2009, to
implement sections 805 and 815 of the National Defense Authorization
Act (NDAA) for Fiscal Year 2008 (Pub. L. 110-181). A correction to the
interim rule was published at 74 FR 35825 on July 21, 2009, to clarify
the types of services to which this rule applies, consistent with
subsections (c)(1)(A) and (c)(1)(C)(i) of section 805 of the NDAA for
Fiscal Year 2008. Section 805 specified when time-and-materials or
labor-hour contracts may be used for commercial item acquisitions.
Section 815 of the NDAA for Fiscal Year 2008 provided clarification
regarding situations under which the procurement of a major weapon
system, subsystems of major weapon systems, and components and spare
parts for major weapon systems, may be acquired using procedures
established for the acquisition of commercial items. Section 815 also
clarified that the terms ``general public'' and ``non-governmental
entities'' with regard to sales of commercial items, do not include the
Federal Government or a State, local, or foreign government.
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 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
reinforces existing requirements for the appropriate use of commercial
acquisition procedures and for ensuring that contract prices are fair
and reasonable.
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 202, 212, and 234
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule published at 74 FR 34263 on July 15,
2009, as corrected at 75 FR 35825 on July 21, 2009, is adopted as final
without change.
[FR Doc. 2010-20436 Filed 8-19-10; 8:45 am]
BILLING CODE 5001-08-P