[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Rules and Regulations]
[Pages 9679-9680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3756]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR parts 205 and 210

RIN 0750-AG69


Defense Federal Acquisition Regulations Supplement; Publication 
of Notification of Bundling of Contracts of the Department of Defense 
(DFARS Case 2009-D033)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is adopting as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement the Fiscal Year 2010 National Defense Authorization Act, 
section 820, entitled ``Publication of Notification of Bundling of 
Contracts of the Department of Defense.''
    Dates: Effective Date: February 22, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, 703-602-1302.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published an interim rule at 75 FR 40714 on July 13, 2010, to 
implement section 820 of the Fiscal Year 2010 National Defense 
Authorization Act (Pub. L. 111-84), enacted October 28, 2009. The 
period for public comment closed on September 13, 2010. The interim 
rule added a requirement at DFARS 205.205-70 to publish a notification 
of the intention to bundle a DoD procurement at least 30 days prior to 
(1) the release of a solicitation or (2) placing an order without a 
solicitation. This notification requirement is in addition to the 
existing requirements for market research at DFARS 210.001 when an 
acquisition could lead to a consolidation of contract requirements (see 
DFARS 210.001(c)(2)).
    DoD received no comments on the proposed rule. Therefore, DoD is 
finalizing the interim rule without change.

II. Executive Order 12866

    This rule is not a significant regulatory action and therefore was 
not subject to Office of Management and Budget review under section 
6(b) of Executive Order 12866, Regulatory Planning and Review, dated 
September 30, 1993. This is not a major rule under 5 U.S.C. 804.

III. 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. However, DoD has 
prepared a final regulatory flexibility analysis consistent with 5 
U.S.C. 603. A copy of the analysis may be obtained from the point of 
contact specified herein. The analysis is summarized as follows.
    This final rule amends the DFARS to implement section 820 of the 
National Defense Authorization Act for Fiscal Year 2010. Section 820 
requires DoD contracting officers to publish a notification consistent 
with the requirements of FAR 10.001(c)(2) on FedBizOpps.gov, or any 
successor site, at least 30 days prior to the release of a solicitation 
for a bundled acquisition.

[[Page 9680]]

In addition, if the DoD agency has determined that measurably 
substantial benefits are expected to be derived as a result of 
bundling, the notification must include a brief description of those 
benefits. The objective of the rule is to enable small businesses to 
compete for more work of which the firms might otherwise have been 
unaware. The notification requirement will provide a much broader 
segment of the small-business community awareness of upcoming business 
opportunities and then allow the small business to either submit a 
proposal or interact with the requiring agency to request unbundling 
before the solicitation is finalized. No comments were received from 
small entities on this rule.

IV. Paperwork Reduction Act

    The rule does not impose 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 Parts 205 and 210

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 205 and 210 
published at 75 FR 40714 on July 13, 2010, is adopted as final without 
change.

[FR Doc. 2011-3756 Filed 2-18-11; 8:45 am]
BILLING CODE 5001-08-P