[Federal Register Volume 70, Number 69 (Tuesday, April 12, 2005)]
[Rules and Regulations]
[Pages 19003-19004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7089]


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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 2003-D103]


Defense Federal Acquisition Regulation Supplement; Personal 
Services Contracts

AGENCY: 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 Sections 721 and 841 of the National Defense Authorization 
Act for Fiscal Year 2004. Section 721 provides permanent authority for 
DoD to enter into personal services contracts for health care at 
locations outside of DoD medical treatment facilities. Section 841 adds 
authority for DoD to enter into contracts for personal services that 
are to be performed outside the United States or that directly support 
the mission of a DoD intelligence or counter-intelligence organization 
or the special operations command.

DATES: Effective Date: April 12, 2005.

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-D103.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 69 FR 55991 on September 17, 2004, 
to implement Sections 721 and 841 of the National Defense Authorization 
Act for Fiscal Year 2004 (Pub. L. 108-136). Section 721 amended 10 
U.S.C. 1091(a)(2) to provide permanent authority for DoD to enter into 
personal services contracts for health care at locations outside of DoD 
medical treatment facilities. Section 841 amended 10 U.S.C. 129b to add 
authority for DoD to enter into contracts for personal services that 
support DoD activities and programs outside the United States or that 
support the mission of a DoD intelligence or counter-intelligence 
organization or the special operations command.
    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., 
because application of the rule is limited to personal services 
contracts for (1) health care at locations outside of DoD medical 
treatment facilities, or (2) urgent or unique services that are to be 
performed outside the United States, or that are in direct support of 
intelligence missions, when it would not be practical for DoD to obtain 
these services by other means.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not

[[Page 19004]]

contain 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 237

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Part 237, which was 
published at 69 FR 55991 on September 17, 2004, is adopted as a final 
rule without change.

[FR Doc. 05-7089 Filed 4-11-05; 8:45 am]
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