[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Page 19132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7555]



[[Page 19132]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 216

RIN 0750-AH67


Defense Federal Acquisition Regulation Supplement: Repeal of 
Case-by-Case Reporting (DFARS Case 2012-D020)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2012, to 
remove a congressional notification requirement for single source task- 
or delivery-order contract awards over $103 million.

DATES: Effective Date: March 30, 2012.

FOR FURTHER INFORMATION CONTACT: Dustin Pitsch, telephone 571-372-6094.

SUPPLEMENTARY INFORMATION:

I. Background

    This rule implements section 809(b) of the NDAA for FY 2012 (Pub. 
L. 112-81), which removes the requirement that the head of the agency 
must notify the congressional defense committees within 30 days for 
each single source task- or delivery-order contract award over $103 
million.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute that applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because the rule merely removes the requirement for the head of the 
agency to notify congressional defense committees for each single 
source task- or delivery-order contract award over $103 million. These 
requirements affect only the internal operating procedures of the 
Government.

III. 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision as 
defined at FAR 1.501-1, and 41 U.S.C. 1707 does not require publication 
for public comment.

V. 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 216

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR Part 216 is amended as follows:

PART 216--TYPES OF CONTRACTS

0
1. The authority citation for 48 CFR part 216 is revised to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.


0
2. Section 216.504 is revised to read as follows:


216.504  Indefinite-quantity contracts.

    (c)(1)(ii)(D) Limitation on single-award contracts. The authority 
to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1) 
shall not be delegated below the level of the senior procurement 
executive.

[FR Doc. 2012-7555 Filed 3-29-12; 8:45 am]
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