[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Rules and Regulations]
[Pages 10190-10191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4731]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 217
Defense Federal Acquisition Regulation Supplement; Payment of
Costs Prior to Definitization-Definition of Contract Action (DFARS Case
2009-D035)
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 amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 812 of
the National Defense Authorization Act for Fiscal Year 2010 (Pub. L.
111-84, enacted October 28, 2009).
DATES: Effective Date: March 5, 2010.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before May 4, 2010, to be
considered in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2009-D035, using
any of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: [email protected]. Include DFARS Case 2009-D035 in the
subject line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Meredith Murphy, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.
[[Page 10191]]
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302.
SUPPLEMENTARY INFORMATION:
A. Background
This DFARS case is initiated to partially implement section 812 of
the National Defense Authorization Act for Fiscal Year 2010. Section
812 is entitled ``Revision of Defense Supplement Relating to Payment of
Costs Prior to Definitization.'' Section 812 has been partially
implemented in DFARS Case 2008-D034, and this case implements the
balance of section 812, which makes the limitations on payment of costs
prior to definitization of unpriced change orders applicable to all
categories of undefinitized contractual actions, ``including
undefinitized task orders and delivery orders.'' The implementation is
accomplished by specifically including the category of ``task orders
and delivery orders'' in the definition of ``contract action'' at DFARS
217.7401.
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. 804.
B. Regulatory Flexibility Act
DoD does not expect that this interim rule will 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 the 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-D035) in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the interim rule
does not contain any information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C., et
seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD) that urgent and compelling circumstances exist to
promulgate this interim rule without prior opportunity for public
comments. This action is necessary because section 812 of the National
Defense Authorization Act for Fiscal Year 2010 became effective upon
enactment. The date of enactment was October 28, 2009. However,
pursuant to 41 U.S.C. 418b, 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 217.7401 is amended by revising paragraph (a)(2) and adding
paragraph (a)(3) to read as follows:
217.7401 Definitions.
* * * * *
(a) * * *
(2) It includes task orders and delivery orders.
(3) It does not include change orders, administrative changes,
funding modifications, or any other contract modifications that are
within the scope and under the terms of the contract, e.g., engineering
change proposals, value engineering change proposals, and over and
above work requests as described in Subpart 217.77. For policy relating
to definitization of change orders, see 243.204-70.
* * * * *
[FR Doc. 2010-4731 Filed 3-4-10; 8:45 am]
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