[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17446-17447]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06737]



Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AI28

Defense Federal Acquisition Regulation Supplement: Extension of 
Pilot Program on Acquisition of Military-Purpose Nondevelopmental Items 
(DFARS Case 2014-D007)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement a section of the National Defense 
Authorization Act for Fiscal Year 2014. This rule extends the 
expiration date of the pilot program for acquisition of military-
purpose nondevelopmental items.

DATES: Effective March 28, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-


I. Background

    Section 866 of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 2011 (Pub. L. 111-383), enacted on January 7, 2011, 
authorized the Secretary of Defense to carry out a pilot program to 
assess the feasibility and advisability of acquiring military-purpose 
nondevelopmental items in accordance with the streamlined procedures of 
the pilot program. Under this pilot program, DoD may enter into 
contracts with nontraditional defense contractors for the purpose of 
enabling DoD to acquire items that otherwise might not have been 
available to DoD, assist DoD in the rapid acquisition and fielding of 
capabilities needed to meet urgent operational needs, and protect the 
interests of the United States in paying fair and reasonable prices for 
the item or items acquired.
    This pilot program is designed to test whether the streamlined 
procedures, similar to those available for commercial items, can serve 
as an effective incentive for nontraditional defense contractors to (1) 
channel investment and innovation into areas that are useful to DoD and 
(2) provide items developed exclusively at private expense to meet 
validated military requirements.
    This final rule amends DFARS subpart 212.71, Pilot Program for 
Acquisition of Military-Purpose Nondevelopmental Items, to implement 
section 814, Extension of Pilot Program of Military Purpose 
Nondevelomental Items, of the National Defense Authorization Act for FY 
2014. This rule extends the authority for this pilot program from 
January 6, 2016, to December 31, 2019.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute that applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
Publication for public comment is not required because the rule 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 as it merely extends the expiration date of an 
existing pilot program pursuant to statutory directive.

III. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 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). E.O. 
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 E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 and does not require 
publication for public comment.

[[Page 17447]]

V. Paperwork Reduction Act

    The 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 212

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 212 is amended as follows:


1. The authority citation for 48 CFR part 212 continues to read as 

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

212.7102-3  [Amended]

2. Section 212.7102-3 is amended by removing ``January 6, 2016'' from 
paragraph (a) and adding in its place ``December 31, 2019''.

[FR Doc. 2014-06737 Filed 3-27-14; 8:45 am]