[Federal Register Volume 73, Number 179 (Monday, September 15, 2008)]
[Rules and Regulations]
[Page 53156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21374]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 237
RIN 0750-AG04
Defense Federal Acquisition Regulation Supplement; Limitation on
Service Contracts for Military Flight Simulators (DFARS Case 2008-D013)
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 implement Section 883(b)
of the National Defense Authorization Act for Fiscal Year 2008. Section
883(b) changed the conditions under which DoD may waive the prohibition
on entering into a service contract to acquire a military flight
simulator.
DATES: Effective Date: September 15, 2008.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
0302; facsimile 703-602-7887. Please cite DFARS Case 2008-D013.
SUPPLEMENTARY INFORMATION:
A. Background
Section 832 of the National Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109-364) established a prohibition on the award of a
DoD service contract for the acquisition of a military flight
simulator, unless the Secretary of Defense determines that a waiver is
necessary for national security purposes and provides an economic
analysis to the congressional defense committees. This prohibition and
the waiver authority are implemented at DFARS 237.102-71.
Section 883(b) of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181) amended the conditions for waiver in
Section 832 of Public Law 109-364 by replacing ``necessary for national
security purposes'' with ``in the national interest''. This final rule
amends DFARS 237.102-71 to reflect the change made by Section 883(b) of
Public Law 110-181.
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 subpart in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2008-D013.
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 237
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 237 is amended as follows:
PART 237--SERVICE CONTRACTING
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1. The authority citation for 48 CFR part 237 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
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2. Section 237.102-71 is amended by revising paragraph (b) introductory
text and paragraph (b)(1) to read as follows:
237.102-71 Limitation on service contracts for military flight
simulators.
* * * * *
(b) Under Section 832 of Public Law 109-364, as amended by Section
883(b) of Public Law 110-181, DoD is prohibited from entering into a
service contract to acquire a military flight simulator. However, the
Secretary of Defense may waive this prohibition with respect to a
contract, if the Secretary--
(1) Determines that a waiver is in the national interest; and
* * * * *
[FR Doc. E8-21374 Filed 9-12-08; 8:45 am]
BILLING CODE 5001-08-P