40716 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Rules and Regulations 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 2. Section 205.205 is added to read as 

follows: 

205.205 Special situations. 

205.205–70 Notification of bundling of 

DoD contracts. 

(a) When a proposed acquisition is 

funded entirely using DoD funds and 

potentially involves bundling, the 

contracting officer shall, at least 30 days 

prior to the release of a solicitation or 

30 days prior to placing an order 

without a solicitation, publish in 

FedBizOpps.gov (or any successor site) 

a notification of the intent to bundle the 

requirement. In addition, if the agency 

has determined that measurably 

substantial benefits are expected to be 

derived as a result of bundling, the 

notification shall include a brief 

description of those benefits (see FAR 

7.107). 

(b) This requirement is in addition to 

the notification requirements at FAR 

10.001(c)(2)(i) and (ii). 

PART 210—MARKET RESEARCH 

■ 3. Paragraph (c)(2) is added to section 

210.001 to read as follows: 

210.001 Policy. 

* * * * * 

(c)(2) In addition to the notification 

requirements at FAR 10.001(c)(2)(i) and 

(ii), see 205.205–70 for the bundling 

notification publication requirement. 

[FR Doc. 2010–16898 Filed 7–12–10; 8:45 am] 

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DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 216 

Defense Federal Acquisition 

Regulation Supplement; Notification 

Requirements for Awards of SingleSource Task or Delivery Orders 

(DFARS Case 2009–D036) 

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 814 of 

the National Defense Authorization Act 

for Fiscal Year 2010. 

DATES: Effective date: July 13, 2010. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before September 13, 2010, to be 

considered in the formation of the final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2009–D036, 

using any of the following methods: 

Æ Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D036 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Meredith Murphy, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–1302; 

facsimile 703–602–0350. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This DFARS rule implements section 

814 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84), enacted October 28, 

2009. Section 814 is entitled 

‘‘Amendment to Notification 

Requirements for Awards of SingleSource Task or Delivery Orders.’’ 10 

U.S.C. 2304a(d)(3)(A) 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 in 

writing that— 

(1) The task or delivery orders 

expected under the contract are so 

integrally related that only a single 

source can reasonably perform the work; 

(2) The contract provides only for 

firm-fixed-price task orders or delivery 

orders for products for which unit 

prices are established in the contract or 

services for which prices are established 

in the contract for the specific tasks to 

be performed; 

(3) Only one source is qualified and 

capable of performing the work at a 

reasonable price to the government; or 

(4) Because of exceptional 

circumstances, it is necessary in the 

public interest to award the contract to 

a single source. 

Section 814 requires agency heads to 

notify the congressional defense 

committees within 30 days after making 

any determination for the reasons in (1) 

through (4) previously cited. In 

addition, if the task or delivery order 

concerns intelligence activities of the 

Department of Defense, the agency head 

also is required to provide notification 

within 30 days of the determination to 

the Permanent Select Committee on 

Intelligence of the House of 

Representatives if the order relates to 

tactical intelligence and intelligencerelated activities, and to the Select 

Committee on Intelligence of the Senate 

and the Permanent Select Committee on 

Intelligence of the House of 

Representatives if the order relates to 

intelligence and intelligence-related 

activities other than those activities 

previously mentioned. 

Given the need for consistency of 

content and format in the information 

provided to the Congress and the 

necessity for meeting the 30-day 

deadline for reporting the 

determinations to the Congress, agency 

heads are being asked to provide the 

determinations, not directly to the 

congressional committees, but to the 

Office of the Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

Defense Procurement and Acquisition 

Policy, Contract Policy and 

International Contracting. This will also 

enable a single office to oversee and 

manage the DoD picture for singlesource task and delivery orders. The 

new reporting requirement is located at 

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

This is not a significant regulatory 

action and, therefore, was not 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. 

604. 

B. Regulatory Flexibility Act 

DoD does not expect that this interim 

rule will 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 the rule does not impose 

any additional requirements on small 

businesses and is concerned with 

internal Government operating 

procedures. Section 814 of the FY 2010 

NDAA builds upon the existing 

requirements for justification of solesource awards of task or delivery order 

contracts that are estimated to exceed 

$100 million (including all options). 

The dollar threshold and the 

circumstances justifying a sole-source 

award are not changed by section 814. 

The new statute, however, requires 

agency heads to notify the congressional 

defense committees within 30 days after 


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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] 

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