[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23504-23505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-10087]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 207

RIN 0750-AH12


Defense Federal Acquisition Regulation Supplement; Definition of 
Multiple-Award Contract (DFARS Case 2011-D016)

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to revise the definition of 
multiple-award contract.

DATES: Effective Date: April 27, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, 703-602-0289.

SUPPLEMENTARY INFORMATION:

I. Background

    This DFARS case is amending the definition of ``multiple-award 
contract'' at DFARS 207.107-2. The revised DFARS language is correcting 
previous imprecision in implementing the statute. No policy or 
substantive changes are made. The final rule amendments are made to 
correct the current definition by--

--Deleting ``Orders placed using'' to reflect that the multiple-award 
contract is the basic schedule contract, and not the individual orders 
placed under it;
--Adding ``or Department of Veterans Affairs'' to correctly reflect the 
agencies that have statutory authority to issue schedule contracts; and
--Adding hyphens where appropriate for unit modifiers.

    DoD has issued a final rule because this change does not have a 
significant effect beyond the internal operating procedures of DoD and 
does not have a significant cost or administrative impact on 
contractors or offerors. Therefore, public comment is not required in 
accordance with 41 U.S.C 1707.

II. Executive Order 12866 and Executive Order 13563

    Executive Orders 12866 and 13563 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This is not a significant regulatory action and, 
therefore, was not subject to review under Section 6(b) of Executive 
Order 12866, Regulatory Planning and Review, dated September 30, 1993. 
This rule is not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant DFARS revision within the 
meaning of FAR 1.501 and public comment is not required in accordance 
with 41 U.S.C. 418b(a).

IV. Paperwork Reduction Act

    This final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 207

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 207 is amended as follows:

PART 207--ACQUISITION PLANNING

0
1. The authority citation for 48 CFR part 207 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


[[Page 23505]]



0
2. Section 207.170-2 definition of ``Multiple award contract'' is 
amended by revising paragraphs (1) and (2) to read as follows:


207.170-2   Definitions.

* * * * *
    Multiple-award contract means--
    (1) A multiple-award schedule contract issued by the General 
Services Administration or Department of Veterans Affairs as described 
in FAR subpart 8.4;
    (2) A multiple award task-order or delivery-order contract issued 
in accordance with FAR subpart 16.5; or
* * * * *

[FR Doc. 2011-10087 Filed 4-26-11; 8:45 am]
BILLING CODE 5001-08-P