[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10389-10390]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-03856]



Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AI50

Defense Federal Acquisition Regulation Supplement: Deletion of 
Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case 

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete obsolete text 
relating to acquisition of commercial items.

DATES: Effective February 26, 2015.

FOR FURTHER INFORMATION CONTACT: Janetta Brewer, telephone 571-372-


I. Background

    On March 12, 2012, the DFARS was amended to implement a 
recommendation made by the Panel on Contracting Integrity and included 
in its 2009 Report to Congress concerning compliance with the DFARS 
documentation requirements for commercial item determinations. DFARS 
subpart 212.1 was revised to require the contracting officer to 
determine that an acquisition exceeding $1 million and using FAR part 
12 procedures either meets the commercial item definition at FAR 2.101 
or the criteria at FAR 12.102(g)(1). The DFARS reference to FAR 
12.102(g)(1), however, is no longer necessary since the FAR criteria 
only apply to contracts and task orders entered on or before November 
24, 2013. Accordingly, DFARS 212.102(a)(i)(A) is being revised to 
remove the statement ``or meets the criteria at FAR 12.102(g)(1)''.
    On November 1, 2004, DFARS subpart 212.70 was amended to implement 
section 847 of the National Defense Authorization Act for Fiscal Year 
2004, which authorized DoD to carry out a pilot program that permitted 
the use of streamlined contracting procedures for the production of 
items or processes begun as prototype projects under other transaction 
agreements. Since the authority for this program expired on September 
30, 2010, the associated text at DFARS subpart 212.70 is being removed.

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 which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation,

[[Page 10390]]

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. This final rule is 
not required to be published for public comment, because it only 
deletes from the DFARS obsolete authorities for a program that expired 
September 30, 2010, and removes an outdated reference to the FAR. As 
such, these DFARS updates have no significant effect beyond the 
internal operating procedures of the Government and do not impose a 
significant cost or administrative impact on contractors or offerors.

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 does not require 
publication for public comment.

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.

212.102  [Amended]

2. Amend section 212.102, paragraph (a)(i)(A) by removing the phrase 
``or meets the criteria at FAR 12.102(g)(1)''.

Subpart 212.70 [Removed and Reserved]

3. Remove and reserve subpart 212.70 (consisting of sections 212.7000, 
212.7001, 212.7002, 212.7002-1, 212.7002-2, 212.7002-3, and 212.7003).

[FR Doc. 2015-03856 Filed 2-25-15; 8:45 am]