[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Rules and Regulations]
[Pages 76969-76970]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-29993]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AG15


Defense Federal Acquisition Regulation Supplement; Payment 
Protections for Subcontractors and Suppliers--Deletion of Duplicative 
Text (DFARS Case 2008-D021)

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 update the list of laws 
inapplicable to contracts and subcontracts for the acquisition of 
commercial items. The rule removes a law addressing payment protections 
for subcontractors and suppliers from the DFARS list, since this law 
has been added to the FAR list of laws inapplicable to contracts and 
subcontracts for the acquisition of commercial items.

DATES: Effective Date: December 18, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Angie Sawyer, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-8384; facsimile 
703-602-7887. Please cite DFARS Case 2008-D021.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR 12.503 and 12.504 list the laws that are inapplicable to 
Executive agency contracts and subcontracts for the acquisition of 
commercial items. The DFARS supplements the FAR listing with those laws 
unique to DoD at 212.503 and 212.504.

[[Page 76970]]

    This final rule removes Section 806 of Public Law 102-190, Payment 
Protections for Subcontractors and Suppliers, from the lists at DFARS 
212.503 and 212.504, since this law was added to the lists at FAR 
12.503 and 12.504 in the final rule published at 73 FR 54007 on 
September 17, 2008. This rule also amends DFARS 212.504 to remove the 
paragraphs that were designated as ``Reserved.''
    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 subpart in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2008-D021.

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,
Editor, Defense Acquisition Regulations System.

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Therefore, 48 CFR Part 212 is amended as follows:

PART 212--ACQUISITION OF COMMERCIAL ITEMS

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

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


212.503  [Amended]

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2. Section 212.503 is amended by removing paragraph (a)(i) and 
redesignating paragraphs (a)(ii) through (xi) as paragraphs (a)(i) 
through (x) respectively.


212.504  [Amended]

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3. Section 212.504 is amended as follows:
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a. By removing paragraphs (a)(i) and (ii) and (a)(xix) through (xxi);
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b. By redesignating paragraphs (a)(iii) through (xviii) as paragraphs 
(a)(i) through (xvi) respectively; and
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c. By redesignating paragraphs (a)(xxii) and (xxiii) as paragraphs 
(a)(xvii) and (xviii) respectively.

[FR Doc. E8-29993 Filed 12-17-08; 8:45 am]
BILLING CODE 5001-08-P