Federal Register / Vol. 76, No. 223 / Friday, November 18, 2011 / Rules and Regulations 71465 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 252.204–7007 by— 

■ (a) Amending the clause date by 

removing ‘‘(SEP 2011)’’ and adding in 

its place ‘‘(NOV 2011)’’; and 

■ (b) Amending paragraph (e) by 

removing the Internet address ‘‘https:// 

orca.bpn.gov/’’ and adding in its place 

‘‘https://www.acquisition.gov/’’. 

[FR Doc. 2011–29900 Filed 11–17–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 215 

RIN 0750–AH30 

Defense Federal Acquisition 

Regulation Supplement: Management 

of Manufacturing Risk in Major 

Defense Acquisition Programs (DFARS 

Case 2011–D031) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement to 

implement a section of National Defense 

Authorization Act for Fiscal Year 2011 

requiring appropriate consideration of 

the manufacturing readiness and 

manufacturing-readiness processes of 

potential contractors and subcontractors 

as a part of the source selection process 

for major defense acquisition programs. 

DATES: Effective Date: November 18, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Dustin Pitsch, telephone 703–602–0289. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 76 FR 38050 on June 

29, 2011, to amend Defense Federal 

Acquisition Regulation Supplement 

(DFARS) 215.304(c) by adding 

paragraph (iv) to state that the 

manufacturing readiness and 

manufacturing-readiness processes of 

potential contractors and subcontractors 

shall be considered as a part of the 

source selection process for major 

defense acquisition programs. No public 

comments were submitted in response 

to the interim rule. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under section 6(b) of 

E.O. 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 

A Final Regulatory Flexibility 

Analysis has been prepared consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq., and is summarized 

as follows: 

This final rule amends the DFARS to 

implement section 812 of the National 

Defense Authorization Act for Fiscal 

Year 2011, (10 U.S.C. 2430 note). 

Section 812(b)(5) requires appropriate 

consideration of the manufacturing 

readiness and manufacturing-readiness 

processes of potential contractors and 

subcontractors as a part of the source 

selection process for major defense 

acquisition programs. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis. No comments were 

filed by the Chief Counsel for Advocacy 

of the Small Business Administration in 

response to the interim rule. 

The rule will apply to DoD Major 

Defense Acquisition Program 

contractors and subcontractors. Most 

major defense acquisition programs are 

awarded to large concerns as these 

programs are of a scope too large for any 

small business to perform. As such, it is 

not expected that this rule will have a 

significant impact on a significant 

number of small entities. 

The final rule imposes no reporting, 

recordkeeping, or other information 

collection requirements. 

There are no known significant 

alternatives to the rule that would meet 

the requirements of the statute. The 

impact on small entities is expected to 

be positive. 

IV. Paperwork Reduction Act 

The rule does not contain 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 Part 215 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR part 215, which was 

published at 76 FR 38050 on June 29, 

2011, is adopted as a final rule without 

change. 

[FR Doc. 2011–29894 Filed 11–17–11; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 216 

RIN 0750–AG66 

Defense Federal Acquisition 

Regulations Supplement; Notification 

Requirements for Awards of SingleSource Task- or Delivery-Order 

Contracts (DFARS Case 2009–D036) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, with 

changes, an interim rule amending the 

Defense Federal Acquisition Regulation 

Supplement to implement the National 

Defense Authorization Act for Fiscal 

Year 2010 regarding the notification 

requirements to Congress when 

awarding a single-award task- or 

delivery-order contract in excess of $103 

million. 

DATES: Effective date: November 18, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone (703) 602– 

8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule at 75 

FR 40716 on July 13, 2010, to 

implement section 814 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2010, (Pub. L. 111–84, 

enacted October 28, 2009). The public 

comment period closed on September 

13, 2010. Three respondents submitted 

comments in response to the interim 

rule. 


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