9680 Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Rules and Regulations 

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 smallbusiness 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 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 217 

RIN 0750–AG67 

Defense Federal Acquisition 

Regulation Supplement; Limitations on 

Procurements With Non-Defense 

Agencies (DFARS Case 2009–D027) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting without 

change an interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to implement 

section 806 of the National Defense 

Authorization Act for Fiscal Year 2010. 

Section 806 authorizes an agency that is 

an element of the intelligence 

community to award a contract for 

supplies or services in excess of the 

simplified acquisition threshold for the 

performance of a joint program 

conducted to meet the needs of DoD and 

the non-DoD agency. 

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 32639 on June 8, 2010, to implement 

section 806 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), providing limitations 

on procurements with non-Defense 

agencies. The public comment period 

closed August 9, 2010. No comments 

were received in response to the interim 

rule. 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, 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 rule addresses internal DoD 

procedural matters only. Specifically, 

this implementation of section 806 of 

the National Defense Authorization Act 

for Fiscal Year 2010, Treatment of NonDefense Agency Procurements Under 

Joint Programs with Intelligence 

Community, amends the limitations 

placed on procurements by non-DoD 

agencies by exempting such 

procurements that are: (a) Entered into 

by a non-DoD agency that is an element 

of the intelligence community and (b) 

when the procurement is for the 

performance of a joint program 

conducted to meet the needs of DoD and 

the non-DoD agency. The statute 

resulted in changes to internal operating 

procedures with no impact on 

contractors or offerors. 

IV. Paperwork Reduction Act 

The changes to the DFARS do not 

impose 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 217 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR part 217 published at 

75 FR 32639 on June 8, 2010, is adopted 

as final without change. 

[FR Doc. 2011–3754 Filed 2–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 219 

RIN 0750–AH06 

Defense Federal Acquisition 

Regulation Supplement; Repeal of the 

Small Business Competitiveness 

Demonstration Program (DFARS Case 

2011–D001) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Acquisition 

Regulation Supplement (DFARS) to 

implement section 1335 of the Small 

Business Jobs Act of 2010. Section 1335 

repealed the Small Business 

Competitiveness Demonstration 

Program. 

DATES: Effective Date: February 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manual Quinones, 703–602–8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement by deleting subpart DFARS 

219.10 to meet the requirements of 

section 1335 of the Small Business Jobs 

Act of 2010, (Pub. L. 111–240). Section 

1335 amended the Business 

Opportunity Development Reform Act 

of 1988 (Pub. L. 100–656) by striking 

title VII (15 U.S.C. 644 note). The repeal 

of the Small Business Competitiveness 

Demonstration Program became 

effective immediately upon the 

enactment. It will apply to the first full 

fiscal year after the September 27, 2010, 

date of enactment (Fiscal Year 2011). 

Therefore, the text at DFARS subpart 

219.10 is obsolete. 

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