Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652 Page: 71,563
viii, 72651, iv p. ; 28 cm.View a full description of this periodical.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Federal Register/Vol. 75, No. 226/Wednesday, November 24, 2010/Rules and Regulations 71563
SUMMARY: DoD is adopting as final, with
a minor change, an interim rule
amending the DFARS to implement
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations.
DATES: Effective Date: November 24,
2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, 703-602-1302.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register at 75 FR 32638 on June
8, 2010, to implement section 819 of the
National Defense Authorization Act for
Fiscal Year 2010. The interim rule
added coverage at DFARS 217.202 and
234.005-1. The intent of the statute is to
prevent a contract for new technology
that is initially awarded as a result of
competition, from becoming a
noncompetitive effort for the
development of advance components or
the procurement of prototype units. The
DFARS implementation places specific
limits, in accordance with the statute,
on the dollar value, period of
performance, and time for exercise of
contract line items or contract options
for such contracts.
The comment period closed on
August 9, 2010. A single comment was
received in response to the interim rule.
The respondent commented that
including the change in DFARS part 234
will result in users following this
requirement only when procuring major
systems. This issue was raised during
the preparation of the interim rule. DoD
confirmed that part 234 is the optimal
location, but has added to DFARS part
235, Research and Development
Contracting, a second cross-reference to
the part 234 coverage.
II. Executive Order 12866
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
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 changes are to internalGovernment operating procedures.
Specifically, the final rule implements
section 819 of the National Defense
Authorization Act for Fiscal Year 2010.
Section 819 places limitations on
certain types of line items and contract
options that may be included in
contracts initially awarded pursuant to
competitive solicitations. When the
prohibition applies, it limits the dollar
value, period of performance, and time
for exercise of such contract line items
or contract options. The intent of the
final rule is to prevent a contract for
new technology that is initially awarded
as a result of competition from
becoming a noncompetitive effort for
the development of advanced
components or the procurement of
prototype units.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the final 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 217,
234, and 235
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 217 and 234,
which was published in the Federal
Register at 75 FR 32638 on June 8, 2010,
is adopted as final with the following
changes:
1. The authority citation for 48 CFR
parts 217, 234, and 235 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 235-RESEARCH AND
DEVELOPMENT CONTRACTING
a 2. Section 235.006-71 is added to
subpart 235.006 to read as follows:
235.006-71 Competition.
See 234.005-1 for limitations on the
use of contract line items or contract
options for the provision of advanced
component development or prototypes
of technology developed under a
competitively awarded proposal.
[FR Doc. 2010-29498 Filed 11-23-10; 8:45 am]BILLING CODE 5001-08-P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
Defense Federal Acquisition
Regulation Supplement; Services of
Senior Mentors (DFARS Case 2010-
D025)
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 implement DoD policy on
the services of senior mentors.
DATES: Effective: November 24, 2010.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, 703-602-1302,
Defense Acquisition Regulations
System, OUSD (AT&L) DPAP/DARS,
3060 Defense Pentagon, Room 3B855,
Washington, DC 20301-3060.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case is implementing the
DoD policy on the services of senior
mentors. These policies are set forth in
two memoranda:
* Secretary of Defense Memorandum
entitled "Policy on Senior Mentors,"
dated April 1, 2010; and
* Deputy Secretary of Defense
Memorandum entitled "Implementation
Guidance on Senior Mentor Policy,"
dated July 8, 2010.
This case is being published as a final
rule because the policy changes have
already been established by the
Secretary of Defense and the Deputy
Secretary of Defense in their policy
memoranda. The DFARS language
incorporated by this rule is
implementing the policy established in
the memoranda, which impacts internal
DoD operations with no impact on the
public. Therefore, publication for public
comments is not necessary.
II. Discussion
Senior mentors are retired flag,
general, or other military officers or
retired senior civilian officials who
provide expert experience-based
mentoring, teaching, training, advice,
and recommendations to senior military
officers, staff, and students as they
participate in war games, warfighting
courses, operational planning,
operational exercises, and decision-
making exercises. The relevant priorservice, joint force experience, and
Upcoming Pages
Here’s what’s next.
Search Inside
This issue can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Periodical.
United States. Office of the Federal Register. Federal Register, Volume 75, Number 226, November 24, 2010, Pages 71519-72652, periodical, November 24, 2010; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc52807/m1/53/: accessed April 25, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.