[Federal Register Volume 74, Number 138 (Tuesday, July 21, 2009)]
[Rules and Regulations]
[Pages 35825-35826]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17321]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AG23


Defense Federal Acquisition Regulation Supplement; Acquisition of 
Commercial Items (DFARS Case 2008-D011)

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

ACTION: Interim rule; correction.

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SUMMARY: DoD is making a correction to the interim rule published at 74 
FR 34263 on July 15, 2009, which amended the Defense Federal 
Acquisition Regulation Supplement (DFARS) to address the conditions 
under which a time-and-materials or labor-hour contract may be used for 
the acquisition

[[Page 35826]]

of commercial items. This correction clarifies the types of services to 
which the rule applies.

DATES: Effective date: July 21, 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.

SUPPLEMENTARY INFORMATION: The interim rule published at 74 FR 34263 on 
July 15, 2009, amended the DFARS to implement Sections 805 and 815 of 
the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 
110-181). The rule specified the conditions under which a time-and-
materials or labor-hour contract may be used for the acquisition of 
commercial items. This correction clarifies the types of services to 
which the rule applies, consistent with subsections (c)(1)(A) and 
(c)(1)(C)(i) of Section 805 of Public Law 110-181.

List of Subjects in 48 CFR Part 212

    Government procurement.

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

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Accordingly, the interim rule published at 74 FR 34263 on July 15, 
2009, is corrected 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.


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2. Section 212.207 is amended by revising paragraphs (b)(i) and 
(b)(iii)(A) to read as follows:


212.207  Contract type.

    (b) * * *
    (i) Services acquired for support of a commercial item, as 
described in paragraph (5) of the definition of commercial item at FAR 
2.101 (41 U.S.C. 403(12)(E)).
* * * * *
    (iii) * * *
    (A) The services to be acquired are commercial services as defined 
in paragraph (6) of the definition of commercial item at FAR 2.101 (41 
U.S.C. 403(12)(F));
* * * * *
[FR Doc. E9-17321 Filed 7-20-09; 8:45 am]
BILLING CODE 5001-08-P