[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17446-17447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06737]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212
RIN 0750-AI28
Defense Federal Acquisition Regulation Supplement: Extension of
Pilot Program on Acquisition of Military-Purpose Nondevelopmental Items
(DFARS Case 2014-D007)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement a section of the National Defense
Authorization Act for Fiscal Year 2014. This rule extends the
expiration date of the pilot program for acquisition of military-
purpose nondevelopmental items.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
Section 866 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2011 (Pub. L. 111-383), enacted on January 7, 2011,
authorized the Secretary of Defense to carry out a pilot program to
assess the feasibility and advisability of acquiring military-purpose
nondevelopmental items in accordance with the streamlined procedures of
the pilot program. Under this pilot program, DoD may enter into
contracts with nontraditional defense contractors for the purpose of
enabling DoD to acquire items that otherwise might not have been
available to DoD, assist DoD in the rapid acquisition and fielding of
capabilities needed to meet urgent operational needs, and protect the
interests of the United States in paying fair and reasonable prices for
the item or items acquired.
This pilot program is designed to test whether the streamlined
procedures, similar to those available for commercial items, can serve
as an effective incentive for nontraditional defense contractors to (1)
channel investment and innovation into areas that are useful to DoD and
(2) provide items developed exclusively at private expense to meet
validated military requirements.
This final rule amends DFARS subpart 212.71, Pilot Program for
Acquisition of Military-Purpose Nondevelopmental Items, to implement
section 814, Extension of Pilot Program of Military Purpose
Nondevelomental Items, of the National Defense Authorization Act for FY
2014. This rule extends the authority for this pilot program from
January 6, 2016, to December 31, 2019.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute that applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
Publication for public comment is not required because the rule does
not have a significant effect beyond the internal operating procedures
of DoD and does not have a significant cost or administrative impact on
contractors or offerors as it merely extends the expiration date of an
existing pilot program pursuant to statutory directive.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O.
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 E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 and does not require
publication for public comment.
[[Page 17447]]
V. Paperwork Reduction Act
The rule does not contain 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.
Manuel Quinones,
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.
212.7102-3 [Amended]
0
2. Section 212.7102-3 is amended by removing ``January 6, 2016'' from
paragraph (a) and adding in its place ``December 31, 2019''.
[FR Doc. 2014-06737 Filed 3-27-14; 8:45 am]
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