[Federal Register Volume 69, Number 217 (Wednesday, November 10, 2004)]
[Rules and Regulations]
[Page 65089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-24866]



48 CFR Part 212

[DFARS Case 2003-D074]

Defense Federal Acquisition Regulation Supplement; Acquisition of 
Commercial Items

AGENCY: Department of Defense (DoD).

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update text pertaining to 
the acquisition of commercial items. This rule is a result of an 
initiative undertaken by DoD to dramatically change the purpose and 
content of the DFARS.

EFFECTIVE DATE: November 10, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, 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-D074.


A. Background

    DFARS Transformation is a major DoD initiative to dramatically 
change the purpose and content of the DFARS. The objective is to 
improve the efficiency and effectiveness of the acquisition process, 
while allowing the acquisition workforce the flexibility to innovate. 
The transformed DFARS will contain only requirements of law, DoD-wide 
policies, delegations of FAR authorities, deviations from FAR 
requirements, and policies/procedures that have a significant effect 
beyond the internal operating procedures of DoD or a significant cost 
or administrative impact on contractors or offerors. Additional 
information on the DFARS Transformation initiative is available at 
    This final rule is a result of the DFARS Transformation initiative. 
The DFARS changes--
     Delete unnecessary text pertaining to structuring of 
contracts at DFARS 212.303; and
     Update a FAR reference at DFARS 212.503(c)(ii).
    DoD published a proposed rule at 69 FR 31939 on June 8, 2004. DoD 
received no comments on the proposed rule. Therefore, DoD has adopted 
the proposed 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., 
because the rule deletes unnecessary text and updates reference 
information, but makes no significant change to contracting policy.

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 212

    Government procurement.

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

Therefore, 48 CFR Part 212 is amended as follows:
1. The authority citation for 48 CFR Part 212 continues to read as 

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


212.303  [Removed]

2. Section 212.303 is removed.

212.503  [Amended]

3. Section 212.503 is amended in paragraph (c)(ii) by revising the 
parenthetical to read ``(see FAR 15.403-1(b)(3))''.

[FR Doc. 04-24866 Filed 11-9-04; 8:45 am]