[Federal Register Volume 74, Number 222 (Thursday, November 19, 2009)]
[Rules and Regulations]
[Page 59916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-27843]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AG17


Defense Federal Acquisition Regulation Supplement; Pilot Program 
for Transition to Follow-On Contracting After Use of Other Transaction 
Authority (DFARS Case 2008-D030)

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

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement section 824 of the National Defense Authorization Act for 
Fiscal Year 2009. Section 824 amended the DoD pilot program for 
transition to follow-on contracting after use of other transaction 
authority, to establish a new program expiration date and to include 
items developed under research projects within the scope of the 
program.

DATES: Effective Date: November 19, 2009.

FOR FURTHER INFORMATION CONTACT: Ms. Cassandra Freeman, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-
8383; facsimile 703-602-7887. Please cite DFARS Case 2008-D030.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 74 FR 2415 on January 15, 2009, to 
implement section 824 of the National Defense Authorization Act for 
Fiscal Year 2009 (Pub. L. 110-417). The rule amended the DoD pilot 
program for transition to follow-on contracting after use of other 
transaction authority, to establish a new program expiration date and 
to add items developed under research projects to the types of items to 
which the program applies. The pilot program provides that certain 
items that do not otherwise meet the definition of ``commercial item'' 
may be treated as commercial items in the award of contracts and 
subcontracts that follow an other transaction agreement.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim rule as a final rule without change.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD certifies that this final rule will not have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
Although the rule is expected to ease the transition of nontraditional 
defense contractors from the use of other transaction agreements to 
standard contracts, the economic impact is not expected to be 
substantial.

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.

Amy G. Williams,
Editor, Defense Acquisitions Regulations System.

0
Accordingly, the interim rule amending 48 CFR part 212, which was 
published at 74 FR 2415 on January 15, 2009, is adopted as a final rule 
without change.

[FR Doc. E9-27843 Filed 11-18-09; 8:45 am]
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