[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Page 4114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1121]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207 and 212
RIN 0750-AF78
Defense Federal Acquisition Regulation Supplement; Commercial
Item Determinations (DFARS Case 2007-D005)
AGENCY: Defense Acquisition Regulations System, 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 address requirements for
DoD contracting officers to ensure that an item meets the definition of
``commercial item'' specified in the Federal Acquisition Regulation
(FAR), when using commercial item procedures for acquisitions exceeding
$1 million in value.
DATES: Effective Date: January 24, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302;
facsimile 703-602-7887. Please cite DFARS Case 2007-D005.
SUPPLEMENTARY INFORMATION:
A. Background
FAR Part 12, Acquisition of Commercial Items, applies to the
acquisition of supplies or services that meet the definition of
``commercial item'' in FAR 2.101. To emphasize the applicability of FAR
Part 12, this DFARS rule specifies that, when using FAR Part 12
procedures for acquisitions exceeding $1 million in value, the
contracting officer must determine in writing that the acquisition
meets the commercial item definition in FAR 2.101, and the contracting
officer must include the written determination in the contract file.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2007-D005.
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 207 and 212
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR parts 207 and 212 are amended as follows:
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1. The authority citation for 48 CFR parts 207 and 212 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
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2. Section 207.102 is added to read as follows:
207.102 Policy.
(a)(1) See 212.102 regarding requirements for a written
determination that the commercial item definition has been met when
using FAR Part 12 procedures.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
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3. Subpart 212.1 is added to read as follows:
Subpart 212.1--Acquisition of Commercial Items--General
212.102 Applicability.
(a)(i) When using FAR Part 12 procedures for acquisitions exceeding
$1 million in value, the contracting officer shall--
(A) Determine in writing that the acquisition meets the commercial
item definition in FAR 2.101; and
(B) Include the written determination in the contract file.
(ii) Follow the procedures at PGI 212.102(a) regarding file
documentation.
[FR Doc. E8-1121 Filed 1-23-08; 8:45 am]
BILLING CODE 5001-08-P