[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34269-34270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16659]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 239
RIN 0750-AG32
Defense Federal Acquisition Regulation Supplement; Use of
Commercial Software (DFARS Case 2008-D044)
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 implement Section 803 of
the National Defense Authorization Act for Fiscal Year 2009. Section
803 requires DoD to identify and evaluate, at all stages of the
acquisition process, opportunities for the use of commercial computer
software and other non-developmental software.
DATES: Effective Date: July 15, 2009.
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile
703-602-7887. Please cite DFARS Case 2008-D044.
SUPPLEMENTARY INFORMATION:
A. Background
Section 803 of the National Defense Authorization Act for Fiscal
Year 2009 (Pub. L. 110-417) requires DoD to ensure that contracting
officials identify and evaluate, at all stages of the acquisition
process (including concept refinement, concept decision, and technology
development), opportunities for the use of commercial computer software
and other non-developmental software. This final rule adds text at
DFARS 212.212 to address the requirements of Section 803 of Public Law
110-117. In addition, the rule adds cross-references to existing DFARS
policy regarding the acquisition of commercial software, software
maintenance, and software documentation.
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
2008-D044.
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 212 and 239
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 212 and 239 are amended as follows:
0
1. The authority citation for 48 CFR parts 212 and 239 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 34270]]
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Section 212.212 is revised to read as follows:
212.212 Computer software.
(1) Departments and agencies shall identify and evaluate, at all
stages of the acquisition process (including concept refinement,
concept decision, and technology development), opportunities for the
use of commercial computer software and other non-developmental
software in accordance with Section 803 of the National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
(2) See Subpart 208.74 when acquiring commercial software or
software maintenance. See 227.7202 for policy on the acquisition of
commercial computer software and commercial computer software
documentation.
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
3. Section 239.101 is amended by adding a second sentence to read as
follows:
239.101 Policy.
* * * See 227.7202 for policy on the acquisition of commercial
computer software and commercial computer software documentation.
[FR Doc. E9-16659 Filed 7-14-09; 8:45 am]
BILLING CODE 5001-08-P