[Federal Register Volume 76, Number 110 (Wednesday, June 8, 2011)]
[Rules and Regulations]
[Pages 33170-33171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-14108]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212
RIN 0750-AH23
Defense Federal Acquisition Regulation Supplement; Inclusion of
Option Amounts in Limitations on Authority of the Department of Defense
to Carry Out Certain Prototype Projects (DFARS Case 2011-D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
[[Page 33171]]
ACTION: Final rule.
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SUMMARY: DoD is issuing this final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement section 826 of
the National Defense Authorization Act for Fiscal Year 2011. Section
826 amended the DoD pilot program for transition to follow-on
contracting after use of other transaction authority, to establish that
the threshold limitation of $50 million for contracts and subcontracts
under the program includes the dollar value of all options.
DATES: Effective June 8, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 703
602-8383.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the DoD pilot program addressed in Defense
Federal Acquisition Regulation Supplement (DFARS) Subpart 212.70, Pilot
Program for Transition to Follow-On Contracting after Use of Other
Transaction Authority (OTA). It adds a new section 212.7002-3,
Thresholds, to clarify that, consistent with FAR 1.108(c), Dollar
Thresholds, the threshold limitation for contracts and subcontracts
under the pilot program of $50 million includes the dollar value of all
options.
DoD has issued this rule as a final rule because the rule does not
have a significant effect beyond DoD internal operating procedures as
it merely reinforces current guidance in the Federal Acquisition
Regulation (FAR). Further, it does not have a significant cost or
administrative impact on contractors. FAR 1.108(c) currently states, in
part, that ``unless otherwise specified, a specific dollar threshold
for the purpose of applicability is the final anticipated dollar value
of the action, including the dollar value of all options.''
II. Executive Orders 12866 and 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. 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.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 1707.
IV. Paperwork Reduction Act
The rule does not impose any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 212
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 212 is amended as follows:
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 212 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add section 212.7002-3 to subpart 212.70 to read as follows:
212.7002-3 Thresholds.
The contract and subcontract thresholds at 212.7002-1(a)(3) and
212.7002-2(a)(2) include the dollar value of all options in accordance
with section 826 of the National Defense Authorization Act for Fiscal
Year 2011. See also FAR 1.108(c).
[FR Doc. 2011-14108 Filed 6-7-11; 8:45 am]
BILLING CODE 5001-08-P