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[Federal Register Volume 76, Number 223 (Friday, November 18, 2011)]
[Rules and Regulations]
[Page 71465]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29894]

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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.

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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

0
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
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