Defense Federal Acquisition Regulation Supplement: Letter Contract Definitization Schedule

Federal Register: June 8, 2010 (Volume 75, Number 109)

Rules and Regulations

Page 32641-32642

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

DOCID:fr08jn10-25

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System 48 CFR Part 216

Defense Federal Acquisition Regulation Supplement; Letter

Contract Definitization Schedule (DFARS Case 2007-D011)

AGENCY: Defense Acquisition Regulations System, Department of Defense

(DoD).

ACTION: Final rule.

SUMMARY: DoD is adopting as final, without change, a proposed rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify requirements regarding definitization of letter contracts.

The rule specifies that DoD letter contracts will be definitized using the DFARS procedures applicable to all other undefinitized contract actions.

DATES: Effective Date: June 8, 2010.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Defense

Acquisition Regulations System, OUSD(AT&L) DPAP(DARS), 3060 Defense

Pentagon, Room 3B855, Washington, DC 20301-3060. Telephone 703-602- 8383; facsimile 703-602-0350. Please cite DFARS Case 2007-D011.

SUPPLEMENTARY INFORMATION:

1. Background

   DoD published a proposed rule at 74 FR 34292 on July 15, 2009, to clarify requirements regarding definitization of letter contracts. The period for public comment closed on September 14, 2009. The differences between section 16.603 of the Federal Acquisition Regulation (FAR) and

   DFARS subpart 217.74 definitization requirements confused the acquisition community. This final rule clarifies at DFARS 216.603- 2(c)(3) that the definitization requirements at DFARS 217.7404-3(a) apply to DoD letter contracts instead of the requirements at FAR 16.603-2(c)(3). This approach provides consistency in the manner in which DoD manages its undefinitized contract actions, and is in line with the specific provisions of 10 U.S.C. 2326 relating to DoD use of undefinitized contract actions.

   DoD received no comments on the proposed rule. Therefore, DoD is finalizing the proposed rule without change.

   This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is not a major rule.

2. Regulatory Flexibility Act

   This 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 it clarifies existing requirements pertaining to undefinitized contract actions.

3. 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.

   Page 32642

   List of Subjects in 48 CFR Part 216

   Government procurement.

   Ynette R. Shelkin,

   Editor, Defense Acquisition Regulations System. 0

   Therefore, 48 CFR part 216 is amended as follows:

   PART 216--TYPES OF CONTRACTS 0 1. The authority citation for 48 CFR part 216 continues to read as follows:

   Authority: 41 U.S.C. 421 and 48 CFR chapter 1. 0 2. Section 216.603-2 is added to read as follows: 216.603-2 Application.

   (c)(3) In accordance with 10 U.S.C. 2326, establish definitization schedules for letter contracts following the requirements at 217.7404- 3(a) instead of the requirements at FAR 16.603-2(c)(3).

   FR Doc. 2010-13527 Filed 6-7-10; 8:45 am

   BILLING CODE 5001-08-P