[Federal Register Volume 59, Number 193 (Thursday, October 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-24774]


[[Page Unknown]]

[Federal Register: October 6, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Part 213

 

Defense Federal Acquisition Regulation Supplement: Small 
Purchases for Contingency Operations

AGENCY: Department of Defense.

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement to fully 
implement the Department of Defense's authority to use simplified 
procedures for acquisitions in support of a contingency operation.

EFFECTIVE DATE: September 29, 1994.

FOR FURTHER INFORMATION CONTACT: Claudia L. Naugle, (703) 604-5929.

SUPPLEMENTARY INFORMATION:

A. Background

    These revisions provide for the use of small purchase procedures up 
to $100,000 for any contract to be performed outside the United States 
in support of a contingency operation as defined in 10 U.S.C. 
101(a)(13). The revisions are based on language in Sections 631 and 805 
of the National Defense Authorization Act for Fiscal Years 1992 and 
1993, which modified the definition of small purchase threshold at 10 
U.S.C. 2302(7) and added a definition of the term ``contingency 
operation'' at 10 U.S.C. 101(a)(13).

B. Regulatory Flexibility Act

    The rule does not constitute a significant revision within the 
meaning of FAR 1.501 and Public Law 98-577 and publication for public 
comment is not required.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply as this rule imposes no 
information collection requirements which require approval of the 
Office of Management and Budget.

List of Subjects in 48 CFR Part 213

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    Accordingly, 48 CFR Part 213 is amended as follows:
    1. The authority citation for 48 CFR Part 213 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Part 1.

PART 213--SMALL PURCHASE AND OTHER SIMPLIFIED PURCHASE PROCEDURES

    2. Section 213.000 is revised to read as follows:


213.000  Scope of part.

    This part also implements 10 U.S.C. 2302(7) which increases the 
small purchase threshold to $100,000 for any contract to be awarded and 
performed outside the United States in support of a contingency 
operation as defined in 10 U.S.C. 101(a)(13).
    3. Section 213.101 is revised to read as follows:


213.101  Definitions.

    Small purchase also means an acquisition of $100,000 or less using 
the procedures prescribed in FAR Part 13, if the contract is awarded 
and performed outside the United States in support of a contingency 
operation as defined in 10 U.S.C. 101(a)(13). 10 U.S.C. 101(a)(13) 
defines ``contingency operation'' as a military operation that--
    (1) Is designated by the Secretary of Defense as an operation in 
which members of the armed forces are or may become involved in 
military actions, operations or hostilities against an enemy of the 
United States or against an opposing military force; or
    (2) Results in the call or order to, or retention on, active duty 
of members of the uniformed services under section 672(a), 673, 673b, 
673c, 688, 3500, or 8500 of Title 10, chapter 15 of Title 10, or any 
other provision of law during a war or during a national emergency 
declared by the President or Congress.
    4. Section 213.404 is amended by revising paragraph (a) to read as 
follows:


213.404  Conditions for use.

    (a) Overseas transactions in support of a contingency operation as 
defined in 10 U.S.C. 101(a)(13) may use imprest funds up to $2,500.
    5. Section 213.505-3 is revised to read as follows:


213.505-3  Standard Form 44, Purchase Order-Invoice-Voucher.

    (b)(1) The $2,500 limitation applies to all purchases except that 
purchases up to the small purchase limitation in FAR 13.000 may be made 
for--
    (A) Aviation fuel and oil;
    (B) Overseas transactions by contracting officers in support of a 
contingency operation as defined in 10 U.S.C. 101(a)(13); and
    (C) Transactions in support of intelligence and other specialized 
activities addressed by Part 2.7 of Executive Order 12333.

[FR Doc. 94-24774 Filed 10-5-94; 8:45 am]
BILLING CODE 5000-04-M