[Federal Register Volume 71, Number 217 (Thursday, November 9, 2006)]
[Proposed Rules]
[Pages 65768-65769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19034]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 235

RIN 0750-AF45


Defense Federal Acquisition Regulation Supplement; Contracting 
Methods and Contract Type (DFARS Case 2006-D018)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to add an exception to the requirement 
for a written determination before using a fixed-price type contract 
for a development program effort. The exception would apply to 
contracts for systems integration of commercial off-the-shelf 
information technology products under the DoD Enterprise Software 
Initiative.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before January 8, 2007, to be considered 
in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2006-D018, 
using any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2006-D018 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations System, Attn: Mr. 
Mark Gomersall, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided.

FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, (703) 602-0302.

SUPPLEMENTARY INFORMATION: 

A. Background

    This proposed rule amends DFARS 235.006 to add an exception to the 
requirement for a written determination before using a fixed-price type 
contract for a development program effort. The exception would apply to 
contracts for systems integration of commercial off-the-shelf 
information technology products under the DoD Enterprise Software 
Initiative. The Enterprise Software Initiative, addressed in DFARS 
Subpart 208.74, promotes the use of enterprise software agreements with 
contractors that allow DoD to obtain favorable terms and pricing for 
commercial software and related services.
    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 does not expect this rule to 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 
relates to requirements for a written determination that is prepared 
and executed by the Government. The rule makes no significant change to 
DoD policy regarding the use of fixed-price contracts for development 
effort. Therefore, DoD has not performed an initial regulatory 
flexibility analysis. DoD invites comments from small businesses and 
other interested parties. DoD also will consider comments from small 
entities concerning the affected DFARS subpart in accordance with 5 
U.S.C. 610. Such comments should be submitted separately and should 
cite DFARS Case 2006-D018.

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 65769]]

List of Subjects in 48 CFR Part 235

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR part 235 as follows:

PART 235--RESEARCH AND DEVELOPMENT CONTRACTING

    1. The authority citation for 48 CFR part 235 continues to read as 
follows:

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

    2. Section 235.006 is amended as follows:
    a. By revising paragraph (b)(i)(C) introductory text;
    b. By redesignating paragraphs (b)(ii) and (iii) as paragraphs 
(b)(iii) and (iv) respectively; and
    c. By adding a new paragraph (b)(ii) to read as follows:


235.006  Contracting methods and contract type.

    (b)(i) * * *
    (C) Except as provided in paragraph (b)(ii) of this section, a 
written determination that the criteria of paragraphs (b)(i)(A) and (B) 
of this section have been met is executed--
    (ii) The written determination specified in paragraph (b)(i)(C) of 
this section is not required for the acquisition of systems integration 
of commercial off-the-shelf information technology products under the 
Enterprise Software Initiative (see Subpart 208.74).
* * * * *
 [FR Doc. E6-19034 Filed 11-8-06; 8:45 am]
BILLING CODE 5001-08-P