[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]
BILLING CODE 5000-04-M