[Federal Register Volume 74, Number 200 (Monday, October 19, 2009)]
[Rules and Regulations]
[Page 53413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25067]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AG33
Defense Federal Acquisition Regulation Supplement; Restriction on
Research and Development--Deletion of Obsolete Text (DFARS Case 2009-
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 remove obsolete text
addressing a restriction on awards to foreign entities for DoD research
and development. The restriction implemented a statutory provision that
is no longer in effect.
DATES: Effective Date: October 19, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile
703-602-7887. Please cite DFARS Case 2009-D005.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule removes DFARS 225.7016, Restriction on Research and
Development, since the underlying statutory provision (Section 744 of
the DoD Appropriations Act for Fiscal Year 1973 (Pub. L. 92-570)) is no
longer in effect. Section 744 of Public Law 92-570 prohibited the use
of DoD appropriations to make an award to any foreign corporation,
organization, person, or entity, for research and development in
connection with any weapon system or other military equipment, if a
U.S. corporation, organization, person, or entity was equally competent
and willing to perform at a lower cost.
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
2009-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 225 and 252
Government procurement.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR Parts 225 and 252 are amended as follows:
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1. The authority citation for 48 CFR Parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 225--FOREIGN ACQUISITION
225.7016 [Removed]
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2. Section 225.7016 is removed.
225.7017, 225.7017-1, 225.7017-2, 225.7017-3, and 225.7017-
4 [Redesignated]
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3. Sections 225.7017, 225.7017-1, 225.7017-2, 225.7017-3, and 225.7017-
4 are redesignated as sections 225.7016, 225.7016-1, 225.7016-2,
225.7016-3, and 225.7016-4 respectively.
225.7016-3 [Amended]
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4. Newly designated section 225.7016-3 is amended in paragraph (b), in
the second sentence, by removing ``225.7017-3'' and adding in its place
``225.7016-3''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7018 [Amended]
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5. Section 252.225-7018 is amended in the introductory text by removing
``225.7017-4'' and adding in its place ``225.7016-4''.
[FR Doc. E9-25067 Filed 10-16-09; 8:45 am]
BILLING CODE 5001-08-P