Federal Register / Vol. 73, No. 156 / Tuesday, August 12, 2008 / Rules and Regulations 46817 

prior to affording the public an 

opportunity to comment. This interim 

rule implements Section 827 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181). 

Section 827 requires DoD to use 

competitive procedures in the 

acquisition of items for which FPI has 

a significant share of the DoD market. 

Comments received in response to this 

interim rule will be considered in the 

formation of the final rule. 

List of Subjects in 48 CFR Part 208 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 208 is 

amended as follows: 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 1. The authority citation for 48 CFR 

part 208 continues to read as follows: 

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

Chapter 1. 

■ 2. Subpart 208.6 is added to read as 

follows: 

Subpart 208.6—Acquisition From 

Federal Prison Industries, Inc. 

208.602–70 Acquisition of items for which 

FPI has a significant market share. 

(a) Scope. This subsection 

implements Section 827 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(b) Definition. Item for which FPI has 

a significant market share, as used in 

this subsection, means an item for 

which FPI’s share of the DoD market for 

the federal supply class including that 

item is greater than 5 percent, as 

determined by DoD in consultation with 

the Office of Federal Procurement 

Policy. A list of the federal supply 

classes of items for which FPI has a 

significant market share is maintained at 

http://www.acq.osd.mil/dpap/cpic/cp/ 

specific_policy_areas.html#

federal_prison. 

(c) Policy. 

(1) When acquiring an item for which 

FPI has a significant market share—

(i) Acquire the item using—

(A) Competitive procedures (e.g., the 

procedures in FAR 6.102, the set-aside 

procedures in FAR Subpart 19.5, or 

competition conducted in accordance 

with FAR Part 13); or 

(B) The fair opportunity procedures in 

FAR 16.505, if placing an order under 

a multiple award delivery-order 

contract; and 

(ii) Include FPI in the solicitation 

process, consider a timely offer from 

FPI, and make an award in accordance 

with the policy at FAR 8.602(a)(4)(ii) 

through (v). 

(2) When acquiring an item for which 

FPI does not have a significant market 

share, acquire the item in accordance 

with the policy at FAR 8.602. 

[FR Doc. E8–18506 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 208, 236, and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update a subpart heading, a 

cross-reference, and a form title. 

DATES: Effective Date: August 12, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Michele Peterson, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone 703–602–0311; 

facsimile 703–602–7887. 

SUPPLEMENTARY INFORMATION: 

This final rule amends DFARS text as 

follows: 

Æ Subpart 208.7. Updates the subpart 

heading for consistency with the 

heading of the corresponding Federal 

Acquisition Regulation subpart. 

Æ 236.570. Updates a cross-reference. 

Æ 252.235–7003. Updates Alternate I 

to reflect the current title of DD Form 

1494. 

List of Subjects in 48 CFR Parts 208, 

236, and 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 208, 236, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 208, 236, and 252 continues to 

read as follows: 

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

Chapter 1. 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 2. The heading of Subpart 208.7 is 

revised to read as follows: 

Subpart 208.7—Acquisition From 

Nonprofit Agencies Employing People 

Who Are Blind or Severely Disabled 

PART 236—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

236.570 [Amended] 

■ 3. Section 236.570 is amended in 

paragraph (b)(5) by removing ‘‘236.213–

70’’ and adding in its place ‘‘236.213’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.235–7003 [Amended] 

■ 4. Section 252.235–7003 is amended 

in Alternate I as follows: 

■ a. By revising the Alternate I date to 

read ‘‘(AUG 2008)’’; and 

■ b. In the introductory text and in 

paragraph (c) by removing ‘‘Application 

for Frequency Authorization’’ and 

adding in its place ‘‘Application for 

Equipment Frequency Allocation’’. 

[FR Doc. E8–18492 Filed 8–11–08; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209, 217, and 246 

RIN 0750–AF86 

Defense Federal Acquisition 

Regulation Supplement; Ship Critical 

Safety Items (DFARS Case 2007–D016) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement Section 130 of 

the National Defense Authorization Act 

for Fiscal Year 2007. Section 130 

requires DoD to establish a quality 

control policy for the procurement, 

modification, repair, and overhaul of 

ship critical safety items. 

DATES: Effective Date: August 12, 2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Benavides, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3D139, 3062 


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