[Federal Register Volume 65, Number 9 (Thursday, January 13, 2000)]
[Rules and Regulations]
[Pages 2057-2058]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-764]


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DEPARTMENT OF DEFENSE

48 CFR Part 235

[DFARS Case 99-D302]


Defense Federal Acquisition Regulation Supplement; Manufacturing 
Technology Program

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: The Acting Director of Defense Procurement has issued an 
interim rule amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement Section 216 of the National Defense 
Authorization Act for Fiscal Year 2000. Section 216 amends statutory 
provisions pertaining to cost-sharing requirements for contract5s under 
the Manufacturing Technology Program.

DATES: Effective date: January 13, 2000.
    Comment date: Comments on the interim rule should be submitted in 
writing to the address shown below on or before March 13, 2000, to be 
considered in the formation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Susan Schneider, 
PDUSD(AT&L)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax (703) 602-0350.
    E-Mail comments submitted via the internet should be addressed to: 
[email protected]
    Please cite DFARS Case 99-D302 in all correspondence related to 
this rule. E-mail comments should cite DFARS Case 99-D302 in the 
subject line.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule revises DFARS 235.006-70 to implement Section 216 
of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 
106-65). Section 216 amends 10 U.S.C. 2525 to eliminate the mandatory 
cost-sharing requirements for contracts under the Manufacturing 
Technology Program, and to provide that cost sharing be included as a 
factor in competitive procedures for evaluating proposals under 
manufacturing technology projects.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

[[Page 2058]]

B. Regulatory Flexibility Act

    DoD does not expect this rule 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 DoD awards 
approximately only 20 new contracts under the Manufacturing Technology 
Program each year. Therefore, DoD has not performed an initial 
regulatory Flexibility analysis. DoD invites comments from small 
businesses and other interested parties. DoD also will consider 
comments from small entities concerning the affected DFARS subpart in 
accordance with 5 U.S.C. 610. Such comments should be submitted 
separately and should cite DFARS Case 99-D302.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish this 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 216 of the National Defense 
Authorization Act for Fiscal Year 2000. Section 216 eliminates the 
mandatory cost-sharing requirements in the Manufacturing Technology 
Program and provides that cost sharing be included as a factor in 
competitive procedures for evaluating proposals under manufacturing 
technology projects. Section 216 because effective on October 5, 1999. 
DoD will consider comments received in response to this interim rule in 
the formation of the final rule.

List of Subject in 48 CFR Part 235

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 235 is amended as follows:
    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.

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

    2. Section 235.006-70 is revised to read as follows:


235.006-70  Manufacturing Technology Program.

    In accordance with 10 U.S.C. 2525(d), for acquisitions under the 
Manufacturing Technology Program--
    (a) Award all contracts using competitive procedures; and
    (b) Include in all solicitations an evaluation factor that 
addresses the extent to which offerors propose to share in the cost of 
the project (see FAR 15.304).

[FR Doc. 00-764 Filed 1-12-00; 8:45 am]
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