[Federal Register Volume 75, Number 28 (Thursday, February 11, 2010)]
[Rules and Regulations]
[Pages 6819-6820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-2698]



Defense Acquisition Regulations System

48 CFR Part 217

[DFARS Case 2008-D005]
RIN 0750-AG24

Defense Federal Acquisition Regulation Supplement; Limitation on 
Procurements on Behalf of DoD

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is adopting as final, with changes, the interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to address statutory provisions relating to interagency procurements on 
behalf of DoD. The final rule adds new policy at to address Section 
801(b) requirements and expands existing DFARS definitions.

DATES: Effective Date: March 15, 2010.

Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense 
Pentagon, Washington, DC 20301-3060, Telephone 703-602-1302; facsimile 
703-602-0350, Please cite DFARS Case 2008-D005.


A. Background

    Section 854 of the National Defense Authorization Act for Fiscal 
Year 2005 (Pub. L. 108-375) prescribes policy for the acquisition of 
supplies and services through the use of contracts or orders issued by 
non-DoD agencies.
    Section 801(b)(1), at paragraphs (A) and (C), of the National 
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181) 
authorizes a DoD acquisition official to procure property and services 
in excess of the simplified acquisition threshold through civilian 
agencies only if--

[[Page 6820]]

    (1) The civilian agencies agree to adhere to defense procurement 
requirements; or
    (2) The Under Secretary of Defense (AT&L) certifies that the 
procurement is in the best interest of the Department.
    The statute also requires DoD to issue guidance on interagency 
contracting consistent with the Act that addresses the circumstances in 
which it is appropriate for DoD acquisition officials to procure goods 
or services through a contract entered into by an agency outside the 
    DoD published an interim rule at 74 FR 34270 on July 15, 2009, to 
address the new statutory requirements. Statutory limitations in 
section 817 of Public Law 109-364, the John Warner National Defense 
Authorization Act for Fiscal Year 2007, and section 811 of Public Law 
109-163, the National Defense Authorization Act for Fiscal Year 2006, 
were previously implemented and do not impact this change.
    Two respondents submitted comments on the interim rule. A 
discussion of the comments is provided as follows:

1. Compliance With Financial Management Regulations

    Comment: Public Law 110-181 states that the non-DoD agency must 
comply with its requirements including the ``applicable Department of 
Defense financial management regulations.'' This requirement for the 
non-DoD activity to follow the DoD financial management regulations 
when making purchases for a non-DoD component should be included in the 
    Response: The rule has been amended at DFARS 217.7802(a) to clarify 
that non-DoD activities will comply with applicable DoD financial 
management regulations when making purchases for a DoD component.

2. Definition of ``Governmentwide Acquisition Contract''

    Comment: ``Governmentwide acquisition contract'' should be defined 
in the DFARS to make certain of its appropriate meaning as defined in 
the public law.
    Response: The rule was amended at DFARS 217.7801 to include the 
definition of ``Governmentwide acquisition contract''.
    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., 
because the rule addresses internal DoD procedural matters.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes do not impose 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 217

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

Accordingly, the interim rule amending 48 CFR part 217, which was 
published at 74 FR 34270 on July 15, 2009, is adopted as a final rule 
with the following changes:


1. The authority citation for 48 CFR part 217 continues to read as 

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

2. Section 217.7801 is amended by adding the definition of 
``governmentwide acquisition contract'' to read as follows:

217.7801  Definitions.

* * * * *
    Governmentwide acquisition contract means a task or delivery order 
contract that--
    (1) Is entered into by a non-defense agency; and
    (2) May be used as the contract under which property or services 
are procured for one or more other departments or agencies of the 
Federal Government.
* * * * *

3. Section 217.7802 is amended by revising paragraph (a) introductory 
text to read as follows:

217.7802  Policy.

    (a) A DoD acquisition official may place an order, make a purchase, 
or otherwise acquire supplies or services for DoD in excess of the 
simplified acquisition threshold through a non-DoD agency in any fiscal 
year only if the head of the non-DoD agency has certified that the non-
DoD agency will comply with defense procurement requirements for the 
fiscal year to include applicable DoD financial management regulations.

[FR Doc. 2010-2698 Filed 2-10-10; 8:45 am]