[Federal Register Volume 74, Number 134 (Wednesday, July 15, 2009)]
[Rules and Regulations]
[Pages 34269-34270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16659]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212 and 239

RIN 0750-AG32


Defense Federal Acquisition Regulation Supplement; Use of 
Commercial Software (DFARS Case 2008-D044)

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 implement Section 803 of 
the National Defense Authorization Act for Fiscal Year 2009. Section 
803 requires DoD to identify and evaluate, at all stages of the 
acquisition process, opportunities for the use of commercial computer 
software and other non-developmental software.

DATES: Effective Date: July 15, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0310; facsimile 
703-602-7887. Please cite DFARS Case 2008-D044.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 803 of the National Defense Authorization Act for Fiscal 
Year 2009 (Pub. L. 110-417) requires DoD to ensure that contracting 
officials identify and evaluate, at all stages of the acquisition 
process (including concept refinement, concept decision, and technology 
development), opportunities for the use of commercial computer software 
and other non-developmental software. This final rule adds text at 
DFARS 212.212 to address the requirements of Section 803 of Public Law 
110-117. In addition, the rule adds cross-references to existing DFARS 
policy regarding the acquisition of commercial software, software 
maintenance, and software documentation.
    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-D044.

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 212 and 239

    Government procurement.

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

0
Therefore, 48 CFR parts 212 and 239 are amended as follows:
0
1. The authority citation for 48 CFR parts 212 and 239 continues to 
read as follows:

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

[[Page 34270]]

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. Section 212.212 is revised to read as follows:


212.212  Computer software.

    (1) Departments and agencies shall identify and evaluate, at all 
stages of the acquisition process (including concept refinement, 
concept decision, and technology development), opportunities for the 
use of commercial computer software and other non-developmental 
software in accordance with Section 803 of the National Defense 
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417).
    (2) See Subpart 208.74 when acquiring commercial software or 
software maintenance.  See 227.7202 for policy on the acquisition of 
commercial computer software and commercial computer software 
documentation.

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

0
3. Section 239.101 is amended by adding a second sentence to read as 
follows:


239.101  Policy.

     * * * See 227.7202 for policy on the acquisition of commercial 
computer software and commercial computer software documentation.

 [FR Doc. E9-16659 Filed 7-14-09; 8:45 am]
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