[Federal Register Volume 73, Number 7 (Thursday, January 10, 2008)]
[Rules and Regulations]
[Page 1826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-195]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 207 and 237

RIN 0750-AF87


Defense Federal Acquisition Regulation Supplement; Functions 
Exempt From Private Sector Performance (DFARS Case 2007-D019)

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

ACTION: Final rule.

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SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address procedures for 
preparation of the written determination required by the Federal 
Acquisition Regulation (FAR), that none of the functions to be 
performed by contract are inherently governmental.

DATES: Effective Date: January 10, 2008.

FOR FURTHER INFORMATION CONTACT: Mr. Michael Benavides, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP(DARS), IMD 3D139, 3062 
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-1302; 
facsimile 703-602-7887. Please cite DFARS Case 2007-D019.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the DFARS to address procedures for 
preparation of the written determination required by FAR 7.503(e), that 
none of the functions to be performed by contract are inherently 
governmental. The rule requires DoD personnel to prepare the 
determination using DoD Instruction 1100.22, Guidance for Determining 
Workforce Mix, and to also include a determination that none of the 
functions to be performed are exempt from private sector performance, 
as addressed in DoD Instruction 1100.22.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2007-D019.

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 Parts 207 and 237

    Government procurement.

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

0
Therefore, 48 CFR parts 207 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 207 and 237 continues to 
read as follows:

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

PART 207--ACQUISITION PLANNING

0
2. Section 207.503 is amended by adding paragraph (e) to read as 
follows:


207.503  Policy.

    (e) The written determination required by FAR 7.503(e), that none 
of the functions to be performed by contract are inherently 
governmental--
    (i) Shall be prepared using DoD Instruction 1100.22, Guidance for 
Determining Workforce Mix; and
    (ii) Shall include a determination that none of the functions to be 
performed are exempt from private sector performance, as addressed in 
DoD Instruction 1100.22.
* * * * *

PART 237--SERVICE CONTRACTING

0
3. Section 237.102 is added to read as follows:


237.102  Policy.

    (c) In addition to the prohibition on award of contracts for the 
performance of inherently governmental functions, contracting officers 
shall not award contracts for functions that are exempt from private 
sector performance. See 207.503(e) for the associated documentation 
requirement.

[FR Doc. E8-195 Filed 1-9-08; 8:45 am]
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