[Federal Register: November 10, 2004 (Volume 69, Number 217)]
[Rules and Regulations]
[Page 65089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10no04-10]
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DEPARTMENT OF DEFENSE
48 CFR Part 212
[DFARS Case 2003-D074]
Defense Federal Acquisition Regulation Supplement; Acquisition of
Commercial Items
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
the acquisition of commercial items. This rule is a result of an
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
EFFECTIVE DATE: November 10, 2004.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2003-D074.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
http://www.acq.osd.mil/dpap/dfars/transf.htm.
This final rule is a result of the DFARS Transformation initiative.
The DFARS changes--
Delete unnecessary text pertaining to structuring of
contracts at DFARS 212.303; and
Update a FAR reference at DFARS 212.503(c)(ii).
DoD published a proposed rule at 69 FR 31939 on June 8, 2004. DoD
received no comments on the proposed rule. Therefore, DoD has adopted
the proposed 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.,
because the rule deletes unnecessary text and updates reference
information, but makes no significant change to contracting policy.
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.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
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Therefore, 48 CFR Part 212 is amended as follows:
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1. The authority citation for 48 CFR Part 212 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.303 [Removed]
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2. Section 212.303 is removed.
212.503 [Amended]
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3. Section 212.503 is amended in paragraph (c)(ii) by revising the
parenthetical to read ``(see FAR 15.403-1(b)(3))''.
[FR Doc. 04-24866 Filed 11-9-04; 8:45 am]
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