[Federal Register Volume 69, Number 56 (Tuesday, March 23, 2004)]
[Rules and Regulations]
[Page 13478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6289]


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DEPARTMENT OF DEFENSE

48 CFR Parts 216 and 217

[DFARS Case 2003-D097]


Defense Federal Acquisition Regulation Supplement; Contract 
Period for Task and Delivery Order Contracts

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

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SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement Section 843 of 
the National Defense Authorization Act for Fiscal Year 2004. Section 
843 provides that the contract period of a task or delivery order 
contract awarded pursuant to 10 U.S.C. 2304a may cover a total period 
of not more than 5 years.

DATES: Effective date: March 23, 2004.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before May 24, 2004, to be considered in 
the formation of the final rule.

ADDRESSES: Respondents may submit comments via the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. As an alternative, 
respondents may e-mail comments to: [email protected]. Please cite DFARS 
Case 2003-D097 in the subject line of e-mailed comments.
    Respondents that cannot submit comments using either of the above 
methods may submit comments to: Defense Acquisition Regulations 
Council, Attn: Ms. Teresa Brooks, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 
Defense Pentagon, Washington, DC 20301-3062; facsimile (703) 602-0350. 
Please cite DFARS Case 2003-D097.
    At the end of the comment period, interested parties may view 
public comments on the Internet at http://emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Teresa Brooks, (703) 602-0326.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule amends DFARS Subparts 216.5 and 217.2 to 
implement section 843 of the National Defense Authorization Act for 
Fiscal Year 2004 (Pub. L. 108-136). Section 843 amends the general 
authority for task and delivery order contracts at 10 U.S.C. 2304a to 
specify that task or delivery order contacts entered into under that 
section may cover a total period of not more than 5 years. The rule 
clarifies that the total period includes all options or modifications.
    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 has prepared an initial regulatory flexibility analysis 
consistent with 5 U.S.C. 604. The analysis is summarized as follows: 
This interim rule applies to all new DoD solicitations for supplies or 
services that will result in a task or delivery order contract awarded 
pursuant to 10 U.S.C. 2304a. It may affect businesses interested in 
submitting offers for such contracts. The impact on small entities is 
uncertain. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
2003-D097.

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 an 
interim rule prior to affording the public an opportunity to comment. 
This action is necessary to implement section 843 of the National 
Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108-136), which 
provides that the contract period of a task or delivery order contract 
awarded pursuant to 10 U.S.C. 2304a may cover a total period of not 
more than 5 years. Comments received in response to this interim rule 
will be considered in the formation of the final rule.

List of Subjects in 48 CFR Parts 216 and 217

    Government procurement.

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

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Therefore, 48 CFR Parts 216 and 217 are amended as follows:
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1. The authority citation for 48 CFR Parts 216 and 217 continues to 
read as follows:

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

PART 216--TYPES OF CONTRACTS

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2. Section 216.501-2 is added to read as follows:


216.501-2  General.

    (a) See 217.204(e) for limitations on the period for task order or 
delivery order contracts awarded by DoD pursuant to 10 U.S.C. 2304a.

PART 217--SPECIAL CONTRACTING METHODS

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3. Section 217.204 is added to read as follows:


217.204  Contracts.

    (e) Notwithstanding FAR 17.204(e), the period of a task order or 
delivery order contract, including all options or modifications, 
awarded by DoD pursuant to 10 U.S.C. 2304a shall not exceed 5 years.

[FR Doc. 04-6289 Filed 3-22-04; 8:45 am]
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