[Federal Register Volume 60, Number 47 (Friday, March 10, 1995)]
[Rules and Regulations]
[Pages 13076-13077]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5956]
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DEPARTMENT OF DEFENSE
48 CFR Part 235
Defense Federal Acquisition Regulation Supplement; Federally
Funded Research and Development Centers
AGENCIES: Department of Defense (DoD)
ACTION: Interim rule with request for comments.
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SUMMARY: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to allow DoD-sponsored FFRDCs that function primarily as research
laboratories to respond to solicitations and announcements for programs
which promote research, development, demonstration, or transfer of
technology.
DATES: Effective date: March 3, 1995.
Comment date: Comments on the interim rule should be submitted in
writing at the address shown below on or before May 9, 1995, to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
Defense Acquisition Regulation Council, ATTN: Mr. R.G. Layser,
PDUSD(A&T)DP/DAR, IMD 3D139, 3062 Defense Pentagon, Washington, D.C.
20301-3062. Telefax Number (703) 602-0350. Please cite DFARS Case 94-
D306 in all correspondence.
FOR FURTHER INFORMATION CONTACT:
Mr. Rick Layser (703) 602-0131.
SUPPLEMENTARY INFORMATION:
A. Background
Section 217 of the National Defense Authorization Act for Fiscal
Year 1995 (Public Law 103-337) allows DoD-sponsored FFRDCs that
function primarily as research laboratories to respond to solicitations
and announcements for programs which promote research, development,
demonstration, or transfer of technology. This interim DFARS rule
implements this allowance.
B. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense to issue this rule as an interim rule. Compelling reasons
exist to promulgate this rule without prior opportunity for public
comment because Section 217 of the National Defense Authorization Act
for Fiscal Year 1995 (Public Law 103-337) became effective upon
enactment of the Act, October 5, 1994. This interim rule is necessary
to ensure that DoD contracting activities become aware of the statutory
allowance of DoD-sponsored FFRDCs that function primarily as research
laboratories to respond to solicitations and announcements for programs
which promote research, development, demonstration, or transfer of
technology. However, comments received in response to the publication
of this rule will be considered in formulating the final rule.
C. Regulatory Flexibility Act
The proposed changes to DFARS Part 217, are not expected 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 the rule allows a very limited number of FFRDCs to
respond to solicitations and announcements for programs which promote
research, development, demonstration, or transfer of technology. The
rule is expected to benefit small entities involved in technology
research, development, demonstration or transfer who can establish
teaming arrangements with FFRDCs. An Initial Regulatory Flexibility
Analysis (IRFA) has been prepared and may be obtained from the address
stated herein. A copy of the IRFA has been submitted to the Chief
Counsel for Advocacy of the Small Business Administration.
D. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) does not apply because
this [[Page 13077]] rule does not impose any new recordkeeping,
information collection requirements, or collection of information from
offerors, contractors, or members of the public which require the
approval of OMB under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR part 235
Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 235 is amended as follows:
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
1. The authority citation for 48 CFR Part 235 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 235.017-1 is added to read as follows:
Sec. 235.017-1 Sponsoring agreements.
(c)(4) DoD-sponsored FFRDCs that function primarily as research
laboratories may respond to solicitations and announcements for
programs which promote research, development, demonstration, or
transfer of technology (Section 217, Pub. L. 103-337).
[FR Doc. 95-5956 Filed 3-9-95; 8:45 am]
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