[Federal Register Volume 68, Number 119 (Friday, June 20, 2003)]
[Rules and Regulations]
[Page 36944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-15653]


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DEPARTMENT OF DEFENSE

48 CFR Part 208

[DFARS Case 2003-D006]


Defense Federal Acquisition Regulation Supplement; Deletion of 
Federal Prison Industries Clearance Exception

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete obsolete text 
pertaining to an exception from requirements for purchase of products 
from Federal Prison Industries, Inc. (FPI). The DFARS text has become 
obsolete due to a broader exception to FPI clearance requirements 
published in Item V of Federal Acquisition Circular 2001-14 on May 22, 
2003.

EFFECTIVE DATE: June 20, 2003.

FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense 
Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D006.

SUPPLEMENTARY INFORMATION:

A. Background

    The FPI Board of Directors recently adopted a resolution 
increasing, to $2,500, the blanket waiver threshold relating to small 
dollar-value purchases from FPI. An interim rule amending the Federal 
Acquisition Regulation (FAR) to implement this waiver was published as 
Item V of Federal Acquisition Circular (FAC) 2001-14 on May 22, 2003 
(68 FR 28094). The preamble provides information for parties interested 
in providing public comment on that rule.
    The text at DFARS 208.606(1) implements a previous blanket waiver 
granted by FPI for DoD purchases totaling $250 or less that require 
delivery within 10 days. Since the broader waiver implemented at FAR 
8.606 by FAC 2001-14 applies to all Federal agencies, the text at DFARS 
208.606(1) is no longer necessary and is being deleted.
    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 rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, 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 2003-D006.

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.

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Therefore, 48 CFR part 208 is amended as follows:
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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

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2. Section 208.606 is revised to read as follows:


208.606  Exceptions.

    For DoD, FPI clearances also are not required if market research 
shows that the FPI product is not comparable to products available from 
the private sector that best meet the Government's needs in terms of 
price, quality, and time of delivery.

[FR Doc. 03-15653 Filed 6-19-03; 8:45 am]
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