[Federal Register Volume 69, Number 224 (Monday, November 22, 2004)]
[Rules and Regulations]
[Pages 67856-67857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25823]


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DEPARTMENT OF DEFENSE

48 CFR Parts 227 and 252

[DFARS Case 2003-D104]


Defense Federal Acquisition Regulation Supplement; Written 
Assurance of Technical Data Conformity

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 844 of

[[Page 67857]]

the National Defense Authorization Act for Fiscal Year 2004. Section 
844 eliminated the requirement for a contractor to furnish written 
assurance that technical data delivered to the Government is complete 
and accurate and satisfies the requirements of the contract.

DATES: Effective November 22, 2004.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D104.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 69 FR 31911 on June 8, 2004, to 
implement Section 844 of the National Defense Authorization Act for 
Fiscal Year 2004 (Public Law 108-136). Section 844 amended 10 U.S.C. 
2320(b) to eliminate the requirement for contractors to furnish written 
assurance that delivered technical data is complete and accurate and 
satisfies the requirements of the contract. The interim rule removed 
the clause at DFARS 252.227-7036, Declaration of Technical Data 
Conformity, which implemented the previous statutory requirement. Three 
respondents submitted comments on the interim rule. All respondents 
supported the rule. One respondent also recommended that the change be 
made retroactive to reduce paperwork requirements for contracts 
currently in effect. DoD has made no change to the rule as a result of 
this comment. The interim rule became effective upon publication, on 
June 8, 2004. Consistent with FAR 1.108(d), the rule applies to 
solicitations issued on or after the effective date, but contracting 
officers may, at their discretion, apply the change to any existing 
contract with appropriate consideration.
    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 elimination of the requirement for a contractor to provide 
written assurance of technical data conformity does not diminish the 
contractor's obligation to provide technical data that is complete and 
accurate and in compliance with contract requirements.

C. Paperwork Reduction Act

    The information collection requirements of the clause at DFARS 
252.227-7036, Declaration of Technical Data Conformity, were previously 
approved by the Office of Management and Budget under Control Number 
0704-0369. Elimination of the clause has reduced estimated annual 
public reporting burden by 126,886 hours (estimated 507,545 
declarations annually at .25 hours per declaration).

List of Subjects in 48 CFR Parts 227 and 252

    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 Parts 227 and 252, which 
was published at 69 FR 31911 on June 8, 2004, is adopted as a final 
rule without change.

[FR Doc. 04-25823 Filed 11-19-04; 8:45 am]
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