[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47107-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22422]



48 CFR Part 207

[DFARS Case 2000-D030]

Defense Federal Acquisition Regulation Supplement; Review of 
Acquisition Plans for Conventional Ammunition

AGENCY: Department of Defense (DoD).

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add policy pertaining to 
acquisition plans for conventional ammunition. The rule requires 
military departments and defense agencies to submit acquisition plans 
to the DoD single manager for conventional ammunition (SCMA) for 

EFFECTIVE DATE: September 11, 2001.

Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2000-D030.


A. Background

    Section 806 of the National Defense Authorization Act for Fiscal 
Year 1999 (Public Law 105-261) provides authority for the DoD SCMA to 
restrict the procurement of conventional ammunition to sources within 
the national technology and industrial base, when the SCMA determines 
such limitation is necessary to maintain a facility, producer, 
manufacturer, or supplier for an essential item of ammunition. This 
final DFARS rule facilitates the implementation of Section 806 by 
requiring military departments and defense agencies to submit 
acquisition plans for conventional ammunition to the SCMA for review.
    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-D030.

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 207

    Government procurement.

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

    Therefore, 48 CFR Part 207 is amended as follows:
    1. The authority citation for 48 CFR Part 207 continues to read as 

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


    2. Section 207.103 is amended as follows:
    a. By redesignating paragraphs (c), (d), (f), and (h) as paragraphs 
(d), (e), (g), and (i), respectively;
    b. In newly designated paragraph (d)(i), by revising the 
introductory text;
    c. In newly designated paragraph (d)(ii), in the second sentence, 
by removing ``which'' and adding in its place ``that'';
    d. In newly designated paragraph (e), in the first sentence, by 
removing the parenthetical ``(c)'' and adding in its place ``(d)''; and
    e. By adding a new paragraph (h). The revised and added text reads 
as follows:

207.103  Agency-head responsibilities.

    (d)(i) Prepare written acquisition plans for--
* * * * *
    (h) For procurement of conventional ammunition, as defined in DoDD 
5160.65, Single Manager for Conventional Ammunition (SCMA)--
    (i) The department or agency--
    (A) Must submit the acquisition plan to the SCMA at the following 
address: Deputy for Ammunition, Office of the Assistant Secretary of 
the Army (Acquisition, Logistics and Technology), ATTN: SAAL-ZCA, 5001 
Eisenhower Avenue, Alexandria, VA 22333-0001. Telephone: Commercial 
(703) 617-8001; DSN 767-8001;
    (B) Also must submit an acquisition plan to the SCMA for a new 
procurement covered by a previously approved acquisition plan, if the 
SCMA did not review the previously approved acquisition plan; and
    (C) Must not proceed with the procurement until the SCMA provides 
written concurrence with the acquisition plan.
    (ii) The SCMA--
    (A) Will review the acquisition plan to determine if it is 
consistent with retaining national technology and industrial base 
capabilities in accordance with 10 U.S.C. 2304(c)(3) and Section 806 of 
Public law 105-261; and

[[Page 47108]]

    (B) Will notify the department or agency of concurrence or non-
concurrence. In the case of a non-concurrence, the SCMA, with 
assistance from the Army Office of the Executive Director for 
Conventional Ammunition, will attempt to resolve the matter with the 
department or agency. If no agreement is reached, the Assistant 
Secretary of the Army (Acquisition, Logistics and Technology) will make 
the final decision on the appropriate acquisition approach.
* * * * *

[FR Doc. 01-22422 Filed 9-10-01; 8:45 am]