[Federal Register Volume 75, Number 161 (Friday, August 20, 2010)]
[Rules and Regulations]
[Page 51416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20436]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202, 212, and 234

[DFARS Case 2008-D011]


Defense Federal Acquisition Regulation Supplement; Acquisition of 
Commercial Items

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

ACTION: Final rule.

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SUMMARY: DoD is adopting as final, without change, the interim rule 
that amended the Defense Federal Acquisition Regulation Supplement 
(DFARS) to implement sections 805 and 815 of the National Defense 
Authorization Act for Fiscal Year 2008. This rule specified when time-
and-materials or labor-hour contracts may be used for the acquisition 
of commercial items, and revised the language to address the conditions 
under which major weapon systems or subsystems may be treated as 
commercial items.

DATES: Effective Date: August 20, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Cassandra R. Freeman, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP/DARS, 3060 Defense 
Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602-
8383; facsimile 703-602-0350. Please cite DFARS Case 2008-D011.

SUPPLEMENTARY INFORMATION: 

A. Background

    DoD published an interim rule at 74 FR 34263 on July 15, 2009, to 
implement sections 805 and 815 of the National Defense Authorization 
Act (NDAA) for Fiscal Year 2008 (Pub. L. 110-181). A correction to the 
interim rule was published at 74 FR 35825 on July 21, 2009, to clarify 
the types of services to which this rule applies, consistent with 
subsections (c)(1)(A) and (c)(1)(C)(i) of section 805 of the NDAA for 
Fiscal Year 2008. Section 805 specified when time-and-materials or 
labor-hour contracts may be used for commercial item acquisitions. 
Section 815 of the NDAA for Fiscal Year 2008 provided clarification 
regarding situations under which the procurement of a major weapon 
system, subsystems of major weapon systems, and components and spare 
parts for major weapon systems, may be acquired using procedures 
established for the acquisition of commercial items. Section 815 also 
clarified that the terms ``general public'' and ``non-governmental 
entities'' with regard to sales of commercial items, do not include the 
Federal Government or a State, local, or foreign government.
    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 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 
reinforces existing requirements for the appropriate use of commercial 
acquisition procedures and for ensuring that contract prices are fair 
and reasonable.

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, 212, and 234

    Government procurement.

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

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule published at 74 FR 34263 on July 15, 
2009, as corrected at 75 FR 35825 on July 21, 2009, is adopted as final 
without change.

[FR Doc. 2010-20436 Filed 8-19-10; 8:45 am]
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