66680 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 

I. Background 

DFARS 209.405–1 limits placement of 

orders against contracts with contractors 

that have been debarred, suspended, or 

proposed for debarment. On December 

11, 2003, the final rule published under 

FAR Case 2002–010 (68 FR 69250) 

incorporated these restrictions into the 

FAR. The DFARS text, therefore, 

became redundant and is deleted by this 

final rule. 

II. Executive Order 12866 

This 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, dated September 30, 1993. 

This rule is not a major rule under 5 

U.S.C. 804. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant DFARS 

revision within the meaning of 41 

U.S.C. 418b and FAR 1.501, and 

publication for public comment is not 

required. However, DoD will consider 

comments from small entities 

concerning the affected DFARS parts in 

accordance with 5 U.S.C. 610. Interested 

parties must submit such comments 

separately and should cite 5 U.S.C. 601, 

et seq., in correspondence. 

IV. Paperwork Reduction Act 

This rule does not impose any new 

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 209 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 209 is 

amended as follows: 

PART 209—CONTRACTOR 

QUALIFICATIONS 

■ 1. The authority citation for 48 CFR 

part 209 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

209.405–1 [Removed] 

■ 2. Remove section 209.405–1. 

[FR Doc. 2010–27306 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisitions Regulations 

System 

48 CFR Part 225 

RIN 0750–AG59 

Defense Federal Acquisition 

Regulation Supplement; Trade 

Agreements—New Thresholds (DFARS 

2009–D040) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, the interim rule that 

amended the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to incorporate increased 

thresholds for application of the World 

Trade Organization Government 

Procurement Agreement and the Free 

Trade Agreements, as determined by the 

United States Trade Representative. 

DATES: Effective Date: October 29, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, 703–602–0328. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register on June 8, 2010 (75 FR 

32637) to amend the clause 

prescriptions at DFARS 225.1101 and 

225.7503 to reflect increased thresholds 

for application of the trade agreements. 

The comment period closed on August 

9, 2010. DoD received no comments on 

the interim rule. DoD has therefore 

adopted the interim rule as a final rule 

without change. 

II. Executive Order 12866 

This rule was not subject to Office of 

Management and Budget review under 

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 this rule does not impose 

economic burdens on contractors. The 

purpose and effect of this rule is to 

adjust the dollar threshold changes to 

keep pace with inflation and thus 

maintain the status quo. 

IV. Paperwork Reduction Act 

This final rule affects the certification 

and information collection requirements 

in the provisions at DFARS 252.225– 

7020 and 252.225–7035, currently 

approved under Office of Management 

and Budget Control Number 0704–0229. 

However, there is no impact on the 

estimated burden hours. The dollar 

threshold changes are in line with 

inflation and maintain the status quo. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 225 published at 

75 FR 32637 on June 8, 2010, is adopted 

as final without change. 

[FR Doc. 2010–27303 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 237 and 252 

RIN 0750–AG52 

Defense Federal Acquisition 

Regulation Supplement (DFARS); 

Continuation of Essential Contractor 

Services (DFARS Case 2009–D017) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, the interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to add policy and 

a contract clause requiring that 

contractors providing essential 

contractor services, as determined by 

the requiring activity, shall be prepared 

to continue such services during periods 

of crisis. 

DATES: Effective date: October 29, 2010. 

Applicability date: Contracting 

officers may, at their discretion, include 

these changes in any existing contract 

with appropriate consideration, in 

accordance with FAR 1.108(d)(3). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Julian E. Thrash, 703–602–0310. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 66681 

I. Background 

DoD published an interim rule in the 

Federal Register at 75 FR 10191, on 

March 5, 2010, implementing the 

requirements of DoDI 3020.37, 

Continuation of Essential DoD 

Contractor Services During Crises. DoD 

Instruction (DoDI) 1100.22, Policy and 

Procedures for Determining Workforce 

Mix, has since superseded DoDI 

3020.37. 

This rule is necessary to ensure that 

essential contractor services are not 

interrupted. The current changing threat 

environment, particularly under the 

additional challenges caused by such 

potential crises as destructive weather, 

earthquakes, or pandemic disease, has 

increased the need for continuity of 

operations capabilities and plans that 

enable agencies to continue their 

essential functions during a broad range 

of emergencies and crises. 

DoD established this requirement for 

contractors to submit their plans to 

ensure continuation of essential 

contractor services that support 

mission-essential functions during a 

crisis situation. As a general rule, the 

designation of services as essential 

contractor services will not apply to an 

entire contract but will apply only to 

those service function(s) that have been 

specifically identified as essential 

contractor services by the functional 

commander or civilian equivalent. 

The public comment period for the 

DFARS interim rule closed May 4, 2010. 

Two respondents submitted comments 

to the interim rule. A discussion of the 

comments and the changes made to the 

rule as a result of those comments is 

provided below. 

II. Analysis of Public Comments 

A. Definitions 

1. Definition of ‘‘Functional Commander 

or Equivalent’’ 

Comment. A respondent requested the 

term ‘‘functional commander or 

equivalent’’ be defined. The respondent 

was concerned with how this term 

would be interpreted in non-military 

offices that did not have a ‘‘functional 

commander or equivalent.’’ 

Response. The term ‘‘functional 

commander or equivalent’’ has been 

revised. The term appropriate 

‘‘functional commander or civilian 

equivalent’’ clarifies the meaning of the 

phrase ‘‘or equivalent.’’ This revised 

identifier, ‘‘civilian equivalent,’’ was 

added to the definitions of ‘‘essential 

contractor services,’’ and ‘‘missionessential functions.’’ Additionally, 

conforming changes to DFARS 

237.7602(a), and 237.7602(b) were made 

for this revised term. 

2. Definition of a ‘‘ Crisis’’ 

Comment. A respondent requested a 

definition for a ‘‘crisis’’ be added to the 

text. 

Response. A crisis situation is 

dynamic, with the body of knowledge 

growing hour-by-hour from the latest 

situational reports. As such, it does not 

lend itself to a precise definition. The 

contractor will be notified to activate 

plans for a crisis by the contracting 

officer, who does so at the directions of 

the appropriate functional commander 

or civilian equivalent. 

B. The Contracting Officer’s Role 

Comment. A respondent was 

concerned that DFARS 237.7602, Policy, 

did not clearly lay out the role of a 

contracting officer in the process of 

requiring a contractor to submit a plan. 

The concern was that direction to the 

contractor should come from the 

contracting officer, not the requiring 

activity. 

Response. DFARS 237.7602, Policy, 

has been revised at paragraphs (a) and 

(b) to clarify that it is the role of the 

contracting officer, not the requiring 

activity, to provide direction to the 

contractor. 

C. Written Plan 

1. Status of the Plan 

Comment. A respondent expressed 

concern regarding DFARS 237.7602(b), 

whether the contractor should ‘‘have a 

plan’’ or ‘‘submit a plan.’’ 

Response. DFARS 237.7602(b) has 

been revised to require contractors to 

‘‘provide a written plan’’ for 

Government-determined essential 

contractor services. 

2. Materially Altered Plans 

Comment. A respondent expressed 

concern that a contracting officer needs 

to have the most current version of the 

contractor’s plan. The concern centered 

on the determination of whether a 

change would ‘‘materially alter’’ the 

plan. 

Response. DFARS 252.237–7023(c)(2) 

has been revised to require the 

contractor to provide all plan updates to 

the contracting officer for approval. 

3. Use of a Plan 

Comment. A respondent expressed a 

number of concerns about the 

evaluation of a contractor’s written plan, 

and whether or not the plan should be 

evaluated prior to contract award. 

Response. In response to this concern, 

a provision has been created at DFARS 

252.237–7024, Notice of Continuation of 

Essential Contractor Services, to require 

the submission of the plan as part of the 

offeror’s proposal. The associate 

provision prescription is added at 

237.7603. The contractor’s continuity of 

essential services plan shall be 

considered and evaluated as part of the 

technical evaluation of offers. The 

functional managers of the services 

should be consulted to determine the 

sufficiency of these plans. The 

contractor’s Mission-Essential 

Contractor Services Plan, in the 

resultant contract, will remain active in 

accordance with the clause at DFARS 

252.237–7023, Continuation of Essential 

Contractor Services. 

D. Equitable Adjustment 

Comment. A respondent stated that, if 

costs increase due to the continuation of 

services during an event that would 

create an excusable delay, contractors 

should be entitled to an equitable 

adjustment to the terms of the contract. 

Furthermore, they were concerned that 

inclusion of the clause in a contract 

could be construed as waiving the 

contractor’s right to an equitable 

adjustment to contract terms other than 

schedule terms when providing its best 

efforts to maintain continuity of 

operations during a crisis. 

Response. DFARS 252.237–7023(f), 

Changes, provides the basis for 

determining an equitable adjustment. In 

the interim rule, this paragraph allowed 

for an equitable adjustment to contract 

price. In the final rule, this paragraph 

has been revised to include that, in 

addition to an adjustment in price, an 

equitable adjustment may be to 

‘‘delivery schedule, or both.’’ 

E. Causes Beyond the Control of the 

Contractor 

Comment. Two respondents requested 

the clause at DFARS 252.237–7023(c) be 

clarified with regard to causes beyond 

the control of the contractor. 

Response. As a result of the necessity 

to ensure performance of a missionessential function, a new paragraph has 

been added at DFARS 252.237– 

7023(d)(1). This paragraph clarifies that, 

in those specific instances where a 

contractor function is considered 

mission essential, it is important for 

contract performance to continue 

notwithstanding any other clause of the 

contract; and that the contractor shall be 

responsible to perform those services 

identified as essential contractor 

services during crisis situations (as 

directed by the contracting officer), in 

accordance with its Mission-Essential 

Contractor Services Plan. If in the 

course of contract performance, a 

contractor feels it must apply for an 

equitable adjustment, it may follow the 

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66682 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 

process required in DFARS 252.237– 

7023(f), Changes. 

F. Other Changes 

• The definitions have been moved 

from 237.7601 to the clause 252.237– 

7023(a). 

• DFARS 252.237–7023 has been 

renamed ‘‘Continuation of Essential 

Contractor Services’’ instead of 

‘‘Continuation of Mission-Essential 

Functions’’ in order to use more precise 

terminology. 

• Redesignated DFARS 252.237– 

7023(e) adds ‘‘military’’ personnel to the 

list of options the Government reserves 

the right to utilize in crisis situations. 

Additionally, reference to the Office of 

Federal Procurement Policy letter dated 

May 2007, and FAR and DFARS parts 

18 and 218 were determined 

unnecessary and have been deleted from 

that paragraph. 

III. Executive Order 12866 

This regulatory action was 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. 

IV. Regulatory Flexibility Act 

DoD certifies that this rule will not 

have a significant economic impact 

upon a substantial number of small 

entities because it allows for an 

equitable adjustment for additional 

costs that are incurred during a crisis 

situation. 

The interim rule published at 75 FR 

10191, on March 5, 2010, invited 

comments from small businesses and 

other interested parties. No comments 

were received from small entities on the 

affected DFARS subpart with regard to 

small businesses. 

V. Paperwork Reduction Act 

This final rule contains an 

information collection requirement. The 

Office of Management and Budget 

(OMB) has approved the information 

collection requirement for use through 

December 31, 2010, under OMB Control 

Number 0704–0465, in accordance with 

the emergency processing procedures of 

5 CFR 1320.13. 

The following is a summary of the 

information collection requirement. 

Title: Defense Federal Acquisition 

Regulation Supplement (DFARS) 2009– 

D017; Continuation of Essential 

Contractor Services. 

Type of Request: New collection. 

Number of Respondents: 7,600. 

Responses per Respondents: 1.25. 

Annual Responses: 9,500. 

Average Burden per Response: 2. 

Total Annual Burden Hours: 19,000. 

Needs and Uses: DoD needs this 

information to ensure essential 

contractor services are performed for 

continuity of operations. 

Affected Public: Businesses or other 

for-profit institutions. 

Frequency: On occasion. 

Respondent’s Obligation: Required to 

obtain contract. 

The interim rule, published at 75 FR 

10191, on March 5, 2010, invited 

comments on the following aspects of 

the interim rule: (a) Whether the 

collection of information is necessary 

for the proper performance of the 

functions of DoD, including whether the 

information will have practical utility; 

(b) the accuracy of the estimate of the 

burden of the information collection; (c) 

ways to enhance the quality, utility, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including the use of 

automated collection techniques or 

other forms of information technology. 

No comments were received regarding 

this information collection requirement. 

To request more information on this 

information collection or to obtain a 

copy of the information collection 

requirement and associated collection 

instruments, please write to the Defense 

Acquisition Regulations System (DARS), 

Attn: Mr. Julian Thrash, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

List of Subjects in 48 CFR Parts 237 and 

252 

Government procurement. 

Clare M. Zebrowski, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, the Defense Acquisition 

Regulations System confirms as final the 

interim rule published at 75 FR 10191, 

March 5, 2010, with the following 

changes: 

■ 1. The authority citation for 48 CFR 

parts 237 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 237—SERVICE CONTRACTING 

■ 2. Subpart 237.76 is revised to read as 

follows: 

Subpart 237.76—Continuation of Essential 

Contractor Services 

Sec. 

237.7600 Scope. 

237.7601 Definitions. 

237.7602 Policy. 

237.7603 Solicitation provision and 

contract clause. 

Subpart 237.76—Continuation of 

Essential Contractor Services 

237.7600 Scope. 

This subpart prescribes procedures for 

the acquisition of essential contractor 

services which support missionessential functions. 

237.7601 Definitions. 

As used in this subpart, essential 

contractor service and mission-essential 

functions are defined in the clause at 

252.237–7023, Continuation of Essential 

Contractor Services. 

237.7602 Policy. 

(a) Contractors providing services 

designated as essential contractor 

services shall be prepared to continue 

providing such services, in accordance 

with the terms and conditions of their 

contracts, during periods of crisis. As a 

general rule, the designation of services 

as essential contractor services will not 

apply to an entire contract but will 

apply only to those service functions 

that have been specifically identified as 

essential contractor services by the 

functional commander or civilian 

equivalent. 

(b) Contractors who provide 

Government-determined essential 

contractor services shall provide a 

written plan to be incorporated in the 

contract, to ensure the continuation of 

these services in crisis situations. 

Contracting officers shall consult with a 

functional manager to assess the 

sufficiency of the contractor-provided 

written plan. Contractors will activate 

such plans only during periods of crisis, 

as authorized by the contracting officer, 

who does so at the direction of the 

appropriate functional commander or 

civilian equivalent. 

(c) The contracting officer shall follow 

the procedures at PGI 

207.105U(b)(20)(C) in preparing an 

acquisition plan. 

237.7603 Solicitation provision and 

contract clause. 

(a) Use the clause at 252.237–7023, 

Continuation of Essential Contractor 

Services in all solicitations and 

contracts for services that are in support 

of mission-essential functions. 

(b) Use the provision at 252.237–7024, 

Notice of Continuation of Essential 

Contractor Services in all solicitations 

for services that include the clause 

252.237–7023. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Section 252.237–7023 is revised to 

read as follows: 

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Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Rules and Regulations 66683 

252.237–7023 Continuation of Essential 

Contractor Services. 

As prescribed in 237.7603(a), use the 

following clause: 

CONTINUATION OF ESSENTIAL 

CONTRACTOR SERVICES (OCT 2010) 

(a) Definitions. As used in this clause– 

(1) Essential contractor service means a 

service provided by a firm or individual 

under contract to DoD to support missionessential functions, such as support of vital 

systems, including ships owned, leased, or 

operated in support of military missions or 

roles at sea; associated support activities, 

including installation, garrison, and base 

support services; and similar services 

provided to foreign military sales customers 

under the Security Assistance Program. 

Services are essential if the effectiveness of 

defense systems or operations has the 

potential to be seriously impaired by the 

interruption of these services, as determined 

by the appropriate functional commander or 

civilian equivalent. 

(2) Mission-essential functions means those 

organizational activities that must be 

performed under all circumstances to achieve 

DoD component missions or responsibilities, 

as determined by the appropriate functional 

commander or civilian equivalent. Failure to 

perform or sustain these functions would 

significantly affect DoD’s ability to provide 

vital services or exercise authority, direction, 

and control. 

(b) The Government has identified all or a 

portion of the contractor services performed 

under this contract as essential contractor 

services in support of mission-essential 

functions. These services are listed in 

attachment l, Mission-Essential Contractor 

Services, dated llll. 

(c)(1) The Mission-Essential Contractor 

Services Plan submitted by the Contractor, is 

incorporated in this contract. 

(2) The Contractor shall maintain and 

update its plan as necessary. The Contractor 

shall provide all plan updates to the 

Contracting Officer for approval. 

(3) As directed by the Contracting Officer, 

the Contractor shall participate in training 

events, exercises, and drills associated with 

Government efforts to test the effectiveness of 

continuity of operations procedures and 

practices. 

(d)(1) Notwithstanding any other clause of 

this contract, the Contractor shall be 

responsible to perform those services 

identified as essential contractor services 

during crisis situations (as directed by the 

Contracting Officer), in accordance with its 

Mission-Essential Contractor Services Plan. 

(2) In the event the Contractor anticipates 

not being able to perform any of the essential 

contractor services identified in accordance 

with paragraph (b) of this clause during a 

crisis situation, the Contractor shall notify 

the Contracting Officer or other designated 

representative as expeditiously as possible 

and use its best efforts to cooperate with the 

Government in the Government’s efforts to 

maintain the continuity of operations. 

(e) The Government reserves the right in 

such crisis situations to use Federal 

employees, military personnel, or contract 

support from other contractors, or to enter 

into new contracts for essential contractor 

services. 

(f) Changes. The Contractor shall segregate 

and separately identify all costs incurred in 

continuing performance of essential services 

in a crisis situation. The Contractor shall 

notify the Contracting Officer of an increase 

or decrease in costs within ninety days after 

continued performance has been directed by 

the Contracting Officer, or within any 

additional period that the Contracting Officer 

approves in writing, but not later than the 

date of final payment under the contract. The 

Contractor’s notice shall include the 

Contractor’s proposal for an equitable 

adjustment and any data supporting the 

increase or decrease in the form prescribed 

by the Contracting Officer. The parties shall 

negotiate an equitable price adjustment to the 

contract price, delivery schedule, or both as 

soon as is practicable after receipt of the 

Contractor’s proposal. 

(g) The Contractor shall include the 

substance of this clause, including this 

paragraph (g), in subcontracts for the 

essential services. 

(End of clause) 

■ 4. Section 252.237–7024 is added to 

read as follows: 

252.237–7024 Notice of Continuation of 

Essential Contractor Services. 

As prescribed in 237.7603(b), use the 

following provision: 

NOTICE OF CONTINUATION OF 

ESSENTIAL CONTRACTOR SERVICES 

[OCT 2010] 

(a) Definitions. Essential contractor service 

and mission-essential functions have the 

meanings given in the clause at 252.237– 

7023, Continuation of Essential Contractor 

Services, in this solicitation. 

(b) The offeror shall provide with its offer 

a written plan describing how it will 

continue to perform the essential contractor 

services listed in attachment l, Mission 

Essential Contractor Services, dated llll, 

during periods of crisis. The offeror shall— 

(1) Identify provisions made for the 

acquisition of essential personnel and 

resources, if necessary, for continuity of 

operations for up to 30 days or until normal 

operations can be resumed; 

(2) Address in the plan, at a minimum— 

(i) Challenges associated with maintaining 

essential contractor services during an 

extended event, such as a pandemic that 

occurs in repeated waves; 

(ii) The time lapse associated with the 

initiation of the acquisition of essential 

personnel and resources and their actual 

availability on site; 

(iii) The components, processes, and 

requirements for the identification, training, 

and preparedness of personnel who are 

capable of relocating to alternate facilities or 

performing work from home; 

(iv) Any established alert and notification 

procedures for mobilizing identified 

‘‘essential contractor service’’ personnel; and 

(v) The approach for communicating 

expectations to contractor employees 

regarding their roles and responsibilities 

during a crisis. 

(End of provision) 

[FR Doc. 2010–27302 Filed 10–28–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 246 and 252 

RIN 0750–AG73 

Defense Federal Acquisition 

Regulation Supplement; Safety of 

Facilities, Infrastructure, and 

Equipment for Military Operations 

(DFARS Case 2009–D029) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement section 807 of 

the National Defense Authorization Act 

of 2010. Section 807 requires that 

facilities, infrastructure, and equipment 

that are intended for use by military or 

civilian personnel of the Department of 

Defense (DoD), in current or future 

military operations, should be inspected 

for safety and habitability prior to use, 

and that such facilities should be 

brought into compliance with generally 

accepted standards for the safety and 

health of personnel to the maximum 

extent practicable consistent with the 

requirements of military operations and 

the best interests of DoD to minimize 

the safety and health risk posed to such 

personnel. 

DATES: Effective date: October 29, 2010. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before December 28, 2010, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments, 

identified by DFARS Case 2008–D029, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inputting 

‘‘DFARS Case 2009–D029’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2009–D029.’’ Follow 

the instructions provided at the ‘‘Submit 

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