[Federal Register: September 8, 2010 (Volume 75, Number 173)]
[Rules and Regulations]
[Page 54524]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se10-13]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 207
RIN 0750-AG61
Defense Federal Acquisition Regulation Supplement; Acquisition
Strategies To Ensure Competition Throughout the Life Cycle of Major
Defense Acquisition Programs (DFARS Case 2009-D014)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is adopting as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement the Weapon Systems Acquisition Reform Act of 2009, to
improve the organization and procedures of DoD for the acquisition of
major weapon systems.
DATES: Effective Date: September 8, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
On May 22, 2009, the Weapon Systems Acquisition Reform Act (Pub. L.
111-23) was enacted to improve the organization and procedures of DoD
for the acquisition of major weapon systems. This law establishes new
oversight entities within DoD, as well as new and varied weapon system
acquisition and management reporting requirements.
Section 202 directs the Secretary of Defense (SECDEF) to ensure
that the acquisition strategy for each major defense acquisition
program (MDAP) includes: (1) Measures to ensure competition at both the
prime contract and subcontract level of the MDAP throughout its life
cycle as a means to improve contractor performance; and (2) adequate
documentation of the rationale for selection of the subcontractor tier
or tiers. It also outlines measures to ensure such competition.
Furthermore, it requires the SECDEF: (1) To take specified actions to
ensure fair and objective ``make-buy'' decisions by prime contractors
on MDAPs; and (2) whenever a decision regarding the source of repair
results in a plan to award a contract for performance of maintenance
and sustainment of a major weapon system, to ensure that such contract
is awarded on a competitive basis with full consideration of all
sources.
An interim rule was published at 75 FR 8272 on February 24, 2010.
No comments were received in response to the interim rule.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993. This is not a
major rule under 5 U.S.C. 804.
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
changes are to internal Government organization and operating
procedures only. The rule imposes new oversight and reporting
requirements internal only to DoD. As such, the rule imposes no changes
on contractors doing business with DoD.
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 207
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR part 207 which was
published at 75 FR 8272 on February 24, 2010, is adopted as a final
rule without change.
[FR Doc. 2010-22230 Filed 9-7-10; 8:45 am]
BILLING CODE 5001-08-P