[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Page 2413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-670]



Defense Acquisition Regulations System

48 CFR Part 209

RIN 0750-AG22

Defense Federal Acquisition Regulation Supplement; List of Firms 
Owned or Controlled by the Government of a Terrorist Country (DFARS 
Case 2008-D025)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address procedures for 
notifying the appropriate DoD office of any information indicating that 
a firm or a subsidiary of a firm may be owned or controlled by the 
Government of a terrorist country. The notifications will facilitate 
maintenance of a list of such firms, as required by statute.

DATES: Effective Date: January 15, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0328; facsimile 
703-602-7887. Please cite DFARS Case 2008-D025.


A. Background

    10 U.S.C. 2327(d) requires DoD to develop and maintain a list of 
all firms, and subsidiaries of firms, that are owned or controlled by 
the government of a terrorist country and that, therefore, are subject 
to a prohibition on DoD contract awards.
    To facilitate maintenance of the list required by 10 U.S.C. 
2327(d), this final rule amends DFARS 209.104-1 and 209.104-70 to 
address DoD procedures for forwarding, to the appropriate office, any 
information indicating that a firm or a subsidiary of a firm may be 
owned or controlled by the government of a terrorist country.
    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 

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 209

    Government procurement.

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

Therefore, 48 CFR part 209 is amended as follows:


1. The authority citation for 48 CFR part 209 continues to read as 

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

2. Section 209.104-1 is amended by adding paragraph (g)(i)(C) to read 
as follows:

209.104-1  General standards.

* * * * *
    (g)(i) * * *
    (C) Forward any information indicating that a firm or a subsidiary 
of a firm may be owned or controlled by the government of a terrorist 
country, through agency channels, to: Deputy Director, Defense 
Procurement (Contract Policy and International Contracting, 
OUSD(AT&L)DPAP(CPIC)), 3060 Defense Pentagon, Washington, DC 20301-
* * * * *

3. Section 209.104-70 is amended in paragraph (a) by revising the 
second sentence to read as follows:

209.104-70  Solicitation provisions.

    (a) * * * Any disclosure that the government of a terrorist country 
has a significant interest in an offeror or a subsidiary of an offeror 
shall be forwarded through agency channels to the address at 209.104-
* * * * *
[FR Doc. E9-670 Filed 1-14-09; 8:45 am]