Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations 40717 

making any determination regarding the 

making of sole-source awards. This is a 

change to internal operating procedures 

of the Government with no impact on 

contractors or offerors. Therefore, an 

initial regulatory flexibility analysis has 

not been performed. However, DoD 

invites comments from small business 

concerns and other interested parties on 

the expected impact of this rule on 

small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this rule in accordance with 5 U.S.C. 

610. Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 610 (DFARS Case 2009–D036) in 

correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the interim rule does 

not contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C., et seq. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD) that urgent and compelling 

circumstances exist to promulgate this 

interim rule without prior opportunity 

for public comments pursuant to 41 

U.S.C. 418b and FAR 1.501–3(b). This 

interim rule implements section 814 of 

the National Defense Authorization Act 

for FY 2010, which prohibits the award 

of a sole-source task or delivery order 

that is estimated to exceed $100 million 

(including all options) unless the head 

of the agency determines that one of 

four exceptions applies, and notifies 

appropriate congressional defense 

committees (and intelligence activities, 

if the order concerns intelligence 

activities) within 30 days of the 

determination. An interim rule is 

necessary because the statute became 

effective upon enactment on October 28, 

2009, and it is imperative that DoD 

contracting officers be aware of 

additional congressional notification 

requirements as soon as possible in 

order to enable them to comply with the 

law. DoD will consider public 

comments received in response to this 

interim rule in the formation of the final 

rule. 

List of Subjects in 48 CFR Part 216 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 216 is 

amended as follows: 

PART 216—TYPES OF CONTRACTS 

■ 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. 

■ 2. Section 216.504 is revised to read 

as follows: 

216.504 Indefinite-quantity contracts. 

(c)(1)(ii)(D) Limitation on singleaward contracts. 

* * * * * 

(2) The head of the agency must notify 

the congressional defense committees 

within 30 days after any determination 

under this section and provide a copy 

of the determination and notification to 

the Deputy Director, Defense 

Procurement and Acquisition Policy 

(Contract Policy and International 

Contracting), OUSD (AT&L) DPAP/ 

CPIC, 3060 Defense Pentagon, 

Washington, DC 20301–3060. If the 

award concerns intelligence or 

intelligence-related activities of DoD, 

notification shall also be provided to the 

Select Committee on Intelligence of the 

Senate and the Permanent Select 

Committee on Intelligence of the House 

of Representatives. (See sample 

notification at PGI 

216.504(c)(1)(ii)(D)(2).) 

[FR Doc. 2010–16901 Filed 7–12–10; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendment 

AGENCY: Defense Acquisition 

Regulations System. Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to correct the date of DFARS 

clause 252.222–7006. 

DATES: Effective Date: July 13, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette R. Shelkin, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP/DARS, Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–8384; 

facsimile 703–602–0350. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the revision date of DFARS 

clause 252.222–7006. DoD published an 

interim rule at 75 FR 27946 on May 19, 

2010, for DFARS Case 2010–D004, 

Restrictions on the Use of Mandatory 

Arbitration Agreements, in which it 

failed to cite a date for DFARS clause 

252.222–7006. The date for the clause 

should have been May 19, 2010, the 

date the interim rule was published. 

List of Subjects in 48 CFR Part 252 

Government Procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore 48 CFR part 252 is amended 

as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Section 252.222–7006 is amended 

by revising the clause date as follows: 

252.222–7006 Restrictions on the Use of 

Mandatory Arbitration Agreements 

* * * * * 

RESTRICTIONS ON THE USE OF 

MANDATORY ARBITRATION 

AGREEMENTS (MAY 2010) 

* * * * * 

[FR Doc. 2010–16908 Filed 7–12–10; 8:45 am] 

BILLING CODE 5001–08–P 


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