[Federal Register Volume 75, Number 190 (Friday, October 1, 2010)]
[Proposed Rules]
[Pages 60690-60691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24386]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 216 and 252


Defense Federal Acquisition Regulation Supplement (DFARS); 
Electronic Ordering Procedures (DFARS Case 2009-D037)

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

ACTION: Proposed rule with request for comments.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement to address electronic business procedures for 
placing orders.

DATES: Comment date: Comments on this proposed rule should be submitted 
in writing to the address shown below on or before November 30, 2010, 
to be considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2009-D037, 
using any of the following methods:
    Federal eRulemaking Portal: http://www.regulations.gov. Follow the 
instructions for submitting comments.
    E-mail: <a href="/cdn-cgi/l/email-protection#a5c1c3c4d7d6e5cad6c18bc8ccc9"><span class="__cf_email__" data-cfemail="294d4f485b5a69465a4d07444045">[email protected]</span></a>. Include DFARS Case 2009-D037 in the subject 
line of the message.
    Fax: 703-602-0350.
    Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E. 
Thrash, 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.
    To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to 
verify posting (except allow 30 days for posting of comments submitted 
by mail).

FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD is proposing to add language to the DFARS to make electronic 
distribution procedures a routine part of order issuance. This case 
establishes a standard method for issuance of orders via electronic 
means. DoD currently has the capability to distribute orders 
electronically on a routine basis, and can post those orders centrally 
to a site any contractor can access.
    DoD is proposing the following changes:
    <bullet> Add the prescription at DFARS 216.506(a) to require a new 
clause 252.216-70XX, Ordering, in lieu of the clause at FAR 52.216-18, 
Ordering, in solicitations and contracts when a definite-quantity 
contract, a requirements contract, or an indefinite-quantity contract 
is contemplated; and
    <bullet> Add a new clause at DFARS 252.216-70XX, Ordering.

B. Regulatory Flexibility Act

    This change may have a significant impact on a substantial number 
of small entities within the meaning of the Regulatory Flexibility Act, 
5 U.S.C. 601, et seq.
    DoD has prepared an initial regulatory flexibility analysis 
consistent with 5 U.S.C. 603. A copy of the analysis may be obtained 
from the point of contact specified herein. The objective of this rule 
is that, as the DoD now has the capability to distribute orders 
electronically on a routine basis and can post those orders centrally 
to a Web site that any contractor can access, the DFARS needs to 
provide language that will make those procedures a routine part of 
contract issuance. This rule will enable DoD to further the goals of 
the E-Government Act of 2002.
    For Fiscal Year 2009, DoD made awards to 6,097 small business-
unique Data Universal Numbering System (DUNS) numbers using the clause 
at FAR 52.216-18, Ordering. The benefit of this rule to small business 
is that it will make electronic distribution procedures a routine part 
of order issuance. This change will ultimately help improve the 
management and promotion of electronic Government services and 
processes, and establish a framework to improve public access to 
Government information and services. 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-D037) in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Parts 216 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD proposes to amend 48 CFR parts 216 and 252 as 
follows:
    1. The authority citation for 48 CFR parts 216 and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 421 and 48 CFR chapter 1.

PART 216--TYPES OF CONTRACTS

    2. Amend section 216.506 by adding paragraph (a) to read as 
follows:


216.506  Solicitation provisions and contract clauses.

    (a) Insert the clause at 252.216-70XX, Ordering, in lieu of the 
clause at FAR 52.216-18, in solicitations and contracts when a 
definite-quantity contract, a requirements contract, or an indefinite-
quantity contract is contemplated.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Add section 252.216--70XX to read as follows:


252.216-70XX  Ordering.

    As prescribed in 216.506(a), use the following clause:

[[Page 60691]]

ORDERING (DATE)

    (a) Any supplies and services to be furnished under this 
contract shall be ordered by issuance of delivery orders or task 
orders by the individuals or activities designated in the contract 
schedule. Such orders may be issued from ------------ through ------
------ (Insert dates).
    (b) All delivery orders or task orders are subject to the terms 
and conditions of this contract. In the event of conflict between a 
delivery order or task order and this contract, the contract shall 
control.
    (c)(1) If issued electronically, the order is considered 
``issued'' when a copy has been posted to the Electronic Document 
Access system, and notice has been sent to the Contractor.
    (2) If mailed or transmitted by facsimile, a delivery order or 
task order is considered ``issued'' when the Government deposits the 
order in the mail or transmits by facsimile. Mailing includes 
transmittal by U.S. mail or private delivery services.
    (3) Orders may be issued orally only if authorized in the 
schedule.


(End of clause)

[FR Doc. 2010-24386 Filed 9-30-10; 8:45 am]
BILLING CODE 5001-08-P


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