[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Page 1826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-195]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207 and 237
RIN 0750-AF87
Defense Federal Acquisition Regulation Supplement; Functions
Exempt From Private Sector Performance (DFARS Case 2007-D019)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to address procedures for
preparation of the written determination required by the Federal
Acquisition Regulation (FAR), that none of the functions to be
performed by contract are inherently governmental.
DATES: Effective Date: January 10, 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-D019.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the DFARS to address procedures for
preparation of the written determination required by FAR 7.503(e), that
none of the functions to be performed by contract are inherently
governmental. The rule requires DoD personnel to prepare the
determination using DoD Instruction 1100.22, Guidance for Determining
Workforce Mix, and to also include a determination that none of the
functions to be performed are exempt from private sector performance,
as addressed in DoD Instruction 1100.22.
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-D019.
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 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 207 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 237 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
0
2. Section 207.503 is amended by adding paragraph (e) to read as
follows:
207.503 Policy.
(e) The written determination required by FAR 7.503(e), that none
of the functions to be performed by contract are inherently
governmental--
(i) Shall be prepared using DoD Instruction 1100.22, Guidance for
Determining Workforce Mix; and
(ii) Shall include a determination that none of the functions to be
performed are exempt from private sector performance, as addressed in
DoD Instruction 1100.22.
* * * * *
PART 237--SERVICE CONTRACTING
0
3. Section 237.102 is added to read as follows:
237.102 Policy.
(c) In addition to the prohibition on award of contracts for the
performance of inherently governmental functions, contracting officers
shall not award contracts for functions that are exempt from private
sector performance. See 207.503(e) for the associated documentation
requirement.
[FR Doc. E8-195 Filed 1-9-08; 8:45 am]
BILLING CODE 5001-08-P