[Federal Register Volume 75, Number 109 (Tuesday, June 8, 2010)]
[Rules and Regulations]
[Pages 32639-32640]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-13525]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 217
RIN 0750-AG67
Defense Federal Acquisition Regulation Supplement; Limitations on
Procurements With Non-Defense Agencies (DFARS Case 2009-D027)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
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SUMMARY: DoD is issuing an interim rule to implement section 806 of the
National Defense Authorization Act for Fiscal Year 2010 authorizing the
placing of contracts for property and services in excess of the
simplified acquisition threshold by certain non-DoD agencies for the
performance of a joint program conducted to meet the needs of DoD and
the non-DoD agency.
DATES: Effective Date: June 8, 2010.
Comment Date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 9, 2010, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2009-D027, using
any of the following methods:
[cir] Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
[cir] E-mail: [email protected]. Include DFARS Case 2009-D027 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Meredith
Murphy, OUSD(AT&L)DPAP(DARS), 3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Telephone 703-
602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
Section 854 of the National Defense Authorization Act for Fiscal
Year 2005 (Pub. L. 108-375) prescribed policy for the acquisition of
supplies and services through the use of contracts or orders issued by
non-DoD agencies. Section 801(b) of the National Defense Authorization
Act for Fiscal Year 2008 (Pub. L. 110-181) authorized a DoD acquisition
official to procure property and services in excess of the simplified
acquisition threshold through a non-DoD agency only if: (1) The non-DoD
agency agreed to adhere to defense procurement requirements; or (2) the
Under Secretary of Defense (AT&L) certified that the procurement is in
the best interest of DoD.
Section 806 of the National Defense Authorization Act for Fiscal
Year 2010 (Pub. L. 111-84) amended the limitations placed on
procurements by non-DoD agencies by exempting such procurements that
are (a) entered into by a non-DoD agency that is an element of the
intelligence community and (b) when the procurement is for the
performance of a joint program conducted to meet the needs of DoD and
the non-DoD agency. Section 806 referred to section 3(4) of the
National Security Act of 1947 (50 U.S.C. 401a(4)) to identify non-DoD
agencies that are an element of the intelligence community.
B. Discussion
The National Security Act of 1947 defines the term ``intelligence
community'' to include a number of defense and non-defense agencies and
portions of such agencies. The definition of ``non-DoD agency that is
an element of the intelligence community'' replicates the statutory
list, absent the DoD agencies.
DFARS subpart 217.78 is amended by adding the definition at
217.7801 and excluding such agencies from the requirements of
217.7802(a) when the procurement is for performance of a joint program
conducted to meet the needs of DoD and the non-DoD agency.
This is not a significant regulatory action, and, therefore, was
not subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 604.
C. Regulatory Flexibility Act
DoD does not expect this interim rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because section 806 affects only internal
[[Page 32640]]
government operations and procedures. The interim rule does not impose
any additional requirements on small businesses. Therefore, an Initial
Regulatory Flexibility Analysis has not been performed. DoD invites
comments from small business concerns and other interested parties on
the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D027) in
correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the DFARS do not impose information collection requirements that
require the approval of the Office of Management and Budget under 44
U.S.C. 3501, et seq.
E. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the statute became effective upon enactment, and
it is imperative that DoD contracting officers be aware of the
limitations on interagency procurements and the circumstances under
which certain programs need not be delayed by such limitations.
However, pursuant to 41 U.S.C. 418b and FAR 1.501-3, DoD will consider
public comments received in response to this interim rule in the
formation of the final rule.
List of Subjects in 48 CFR Part 217
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 217 is amended as follows:
PART 217--SPECIAL CONTRACTING METHODS
0
1. The authority citation for 48 CFR part 217 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
0
2. Section 217.7800 is amended by revising paragraph (a) to read as
follows:
217.7800 Scope of subpart.
* * * * *
(a) Implements section 854 of the National Defense Authorization
Act for Fiscal Year 2005 (Pub. L. 108-375), section 801 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), and
section 806 of the National Defense Authorization Act for Fiscal Year
2010 (Pub. L. 111-84); and
* * * * *
0
3. Section 217.7801 is amended by adding the following definition in
appropriate alphabetical order:
217.7801 Definitions.
* * * * *
Non-DoD agency that is an element of the intelligence community means
the Office of the Director of National Intelligence; the Central
Intelligence Agency; the intelligence elements of the Federal Bureau of
Investigation; the intelligence elements of the Department of Energy;
the Bureau of Intelligence and Research of the Department of State; the
Office of Intelligence and Analysis of the Department of the Treasury;
and the elements of the Department of Homeland Security concerned with
the analysis of intelligence information, including the Office of
Intelligence of the Coast Guard.
0
4. Section 217.7802 is amended by adding paragraph (a)(3) to read as
follows:
217.7802 Policy.
(a) * * *
(3) The limitation in paragraph (a) of this section does not apply
to contracts entered into by a non-DoD agency that is an element of the
intelligence community for the performance of a joint program conducted
to meet the needs of DoD and the non-DoD agency.
* * * * *
[FR Doc. 2010-13525 filed 6-7-10; 8:45 am]
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