[Federal Register Volume 65, Number 52 (Thursday, March 16, 2000)]
[Rules and Regulations]
[Page 14400]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-6166]


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DEPARTMENT OF DEFENSE

48 CFR Part 208

[DFARS Case 2000-D005]


Defense Federal Acquisition Regulation Supplement; Federal Prison 
Industries Waiver Threshold

AGENCY:  Department of Defense (DoD).

ACTION:  Final rule.

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SUMMARY:  The Acting Director of Defense Procurement has issued a final 
rule amending the Defense Federal Acquisition Regulation Supplement 
(DFARS) to increase, from $25 to $250, the threshold at which DoD must 
request clearance from Federal Prison Industries (FPI) before 
purchasing FPI Schedule items from sources other than FPI, when 
delivery is required within 10 days.

EFFECTIVE DATE:  March 16, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition 
Regulations Council, PDUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-4245; telefax 
(703) 602-0350. Please cite DFARS Case 2000-D005.

SUPPLEMENTARY INFORMATION:   

A. Background

    Subpart 8.6 of the Federal Acquisition Regulation (FAR) requires 
Federal agencies to obtain clearance from FPI before purchasing FPI 
Schedule items from sources other than FPI. FAR 8.606(e) provides an 
exception to the clearance requirement for orders of Schedule items 
totaling $25 or less that require delivery within 10 days. On January 
24, 2000, FPI granted DoD further exception to the clearance 
requirement for orders totaling $250 or less that require delivery 
within 10 days. This final rule amends the DFARS to reflect the $250 
threshold for DoD.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final 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. However, DoD will consider comments 
from small entities concerning the affected DFARS subpart in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D005.

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.

List of Subjects in 48 CFR Part 208

    Government procurement.

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

    Therefore, 48 CFR Part 208 is amended as follows:
    1. The authority citation for 48 CFR Part 208 continues to read as 
follows:

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

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Subpart 208.6 is added to read as follows:
Subpart 208.6--Acquisition from Federal Prison Industries, Inc.
Sec.
208.606   Exceptions.


208.606  Exceptions.

    (e) DoD activities do not need an FPI clearance for orders of 
listed items totaling $250 or less than require delivery within 10 
days.

[FR Doc. 00-6166 Filed 3-15-00; 8:45 am]
BILLING CODE 5000-04-M