Federal Register: October 26, 2006 (Volume 71, Number 207)
DOCID: FR Doc E6-17982
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
CFR Citation: 48 CFR Part 225
RIN ID: RIN 0750-AF21
DFA ID: [DFARS Case 2005-D012]
ACTION: Acquisition regulations:
DOCUMENT ACTION: Final rule.
Defense Federal Acquisition Regulation Supplement; Foreign Acquisition Procedures
DATES: Effective Date: October 26, 2006.
DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete text addressing internal DoD procedures pertaining to foreign acquisition. This text has been relocated to the DFARS companion resource, Procedures, Guidance, and Information.
Foreign acquisition procedures,
This final rule deletes DFARS text addressing internal DoD procedures in the following areas:
DFARS 225.8714Processing of requests for waiver under North Atlantic Treaty Organization cooperative projects.
DFARS 225.70173Preparation of determinations regarding award of a contract for ballistic missile defense research, development, test, and evaluation to a foreign source.
DFARS 225.7502Application of the Balance of Payments Program to an acquisition.
DFARS 225.7604Processing of requests for waiver of foreign source restrictions.
This text has been relocated to the DFARS companion resource, Procedures, Guidance, and Information (PGI), available at http://www.acq.osd.mil/dpap/dars/pgi .
DoD published a proposed rule at 71 FR 3448 on January 23, 2006. DoD received no comments on the proposed rule and has adopted the proposed rule as a final rule. However, as a result of the final rule published at 71 FR 39005 on July 11, 2006, which relocated DFARS Subpart 225.6 to 225.76, the text that was designated in the January 23, 2006, proposed rule as DFARS 225.6704 is now located at DFARS 225.7604.
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 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 rule addresses internal DoD procedural matters and makes no significant change to DoD contracting policy.
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 Part 225
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is amended as follows:
PART 225FOREIGN ACQUISITION
1. The authority citation for 48 CFR part 225 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 225.8714 is amended by revising paragraph (c) to read as follows:
225.8714 Statutory waivers.
* * * * *
(c) To request a waiver under a cooperative project, follow the procedures at PGI 225.8714.
* * * * *
3. Section 225.70173 is amended by revising paragraph (b) to read as follows:
* * * * *
(b) If the head of the contracting activity certifies in writing, before contract award, that a U.S. firm cannot competently perform a contract for RDT&E at a price equal to or less than the price at which a foreign government or firm would perform the RDT&E. The contracting officer or source selection authority, as applicable, shall make a determination, in accordance with PGI
225.70173(b), that will be the basis for the certification. 4. Section 225.7502 is revised to read as follows:
If the Balance of Payments Program applies to the acquisition, follow the procedures at PGI 225.7502.
5. Section 225.7604 is revised to read as follows:
The Secretary of Defense may waive this restriction on the basis of
national security interests. To request a waiver, follow the procedures at PGI 225.7604.
[FR Doc. E617982 Filed 102506; 8:45 am]
BILLING CODE 500108P
FOR FURTHER INFORMATION CONTACT
Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 203013062. Telephone (703) 6020328; facsimile (703) 6020350. Please cite DFARS Case 2005D012.