[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Page 2407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-676]



[[Page 2407]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202 and 218

RIN 0750-AG19


Defense Federal Acquisition Regulation Supplement; Contract 
Actions Supporting Contingency Operations or Facilitating Defense 
Against or Recovery From Nuclear, Biological, Chemical, or Radiological 
Attack (DFARS Case 2008-D026)

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 determination 
requirements with regard to the use of emergency acquisition 
flexibilities for contract actions supporting contingency operations or 
facilitating defense against or recovery from nuclear, biological, 
chemical, or radiological attack. The rule lowers the DoD level of 
approval for such determinations.

DATES: Effective Date: January 15, 2009.

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-D026.

SUPPLEMENTARY INFORMATION: 

A. Background

    Subpart 18.2 of the Federal Acquisition Regulation (FAR) provides 
for certain flexibilities in the execution of contracts for supplies 
and services that are determined by the head of the agency to be used 
to support a contingency operation or to facilitate defense against or 
recovery from nuclear, biological, chemical, or radiological attack. In 
accordance with the delegation of authority provision at FAR 1.108(b), 
this final rule adds a new section at DFARS 218.270 to authorize heads 
of DoD contracting activities to make the determination addressed in 
FAR Subpart 18.2. The rule will facilitate the use of streamlined 
acquisition procedures in emergency situations.
    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 
2008-D026.

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 202 and 218

    Government procurement.

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

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Therefore, 48 CFR parts 202 and 218 are amended as follows:
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1. The authority citation for 48 CFR parts 202 and 218 continues to 
read as follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101  [Amended]

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2. Section 202.101 is amended in the definition of ``Head of the 
agency'' by adding at the end ``(For emergency acquisition 
flexibilities, see 218.270.)''.

PART 218--EMERGENCY ACQUISITIONS

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3. Section 218.270 is added to read as follows:


218.270  Head of contracting activity determinations.

    For contract actions supporting contingency operations or 
facilitating defense against or recovery from nuclear, biological, 
chemical, or radiological attack, the term ``head of the agency'' is 
replaced with ``head of the contracting activity,'' as defined in FAR 
2.101, in the following locations:
    (a) FAR 2.101:
    (1) Definition of ``Micro-purchase threshold,'' paragraph (3).
    (2) Definition of ``Simplified acquisition threshold.''
    (b) FAR 12.102(f).
    (c) FAR 13.201(g).
    (d) FAR 13.500(e).
    (e) FAR 18.2.

 [FR Doc. E9-676 Filed 1-14-09; 8:45 am]
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