[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Pages 13477-13478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6238]


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DEPARTMENT OF DEFENSE

48 CFR Part 207

[DFARS Case 2002-D036]


Defense Federal Acquisition Regulation Supplement; Buy-to-Budget 
Acquisition of End Items

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement section 801 of the National Defense Authorization Act for 
Fiscal Year 2003. Section 801 authorizes DoD to acquire a higher 
quantity of an end item than the quantity specified in law, under 
certain conditions.

EFFECTIVE DATE: March 23, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, 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 2002-D036.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 68 FR 43331 on July 22, 2003. The 
rule added a new subpart at DFARS 207.70 to implement section 801 of 
the National Defense Authorization Act for Fiscal Year 2003 (Pub. L. 
107-314). Section 801 added 10 U.S.C. 2308, which provides that DoD may 
acquire a higher quantity of an end item than the quantity specified in 
a law providing for the funding of the acquisition, if the agency head 
makes certain findings with regard to the acquisition.
    DoD received no comments on the interim rule. Therefore, DoD is 
adopting the interim rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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. The 
rule authorizes DoD to acquire a higher quantity of an end item than 
the quantity specified in law. However, any additional quantities must 
be acquired without additional funding. Acquisition of the additional 
quantities must be made possible through production efficiencies or 
other cost reductions.

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.

[[Page 13478]]

List of Subjects in 48 CFR Part 207

    Government procurement.

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

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR Part 207, which was 
published at 68 FR 43331 on July 22, 2003, is adopted as a final rule 
without change.
[FR Doc. 04-6238 Filed 3-22-04; 8:45 am]
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