[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Rules and Regulations]
[Page 13413-13414]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-13]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 13
[FAC 2005-39; FAR Case 2009-035; Item I; Docket 2010-0080, Sequence 1]
RIN 9000-AL52
Federal Acquisition Regulation; FAR Case 2009-035, Extend Use of
Simplified Acquisition Procedures for Certain Commercial Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to revise subpart
13.5, ``Test Program for Certain Commercial Items,'' to implement
section 816 of the National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2010 (Pub. L. 111-84). The rule extends the program for two
more years. The program was to expire January 1, 2010.
DATES: Effective Date: March 19, 2010.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-39, FAR
case 2009-035.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the FAR to revise section 13.500(d) to
implement section 816 of the NDAA for FY 2010. Section 816 of the NDAA
for FY 2010 strikes out ``2010'' in subsection (e) of section 4202 of
the Clinger-Cohen Act of 1996 (Division D of Pub. L. 104-106, 10 U.S.C.
2304 note) as amended by section 822 of the NDAA for FY 2008 (Pub. L.
110--181) and inserts ``2012.'' FAR subpart 13.5 authorizes as a test
program, the use of simplified procedures for the acquisition of
certain commercial items in amounts greater than the simplified
acquisition threshold, but not exceeding $5.5 million, ($11 million for
acquisitions described in FAR 13.500(e)) including options, if the
contracting officer can reasonably expect that offers will include
commercial items. FAR subpart 13.500(d) authorizes the contracting
officer to issue solicitations under this subpart until January 1,
2010. This final rule extends this authority to January 1, 2012.
B. Decision to Issue a Final Rule
This case implements section 816 of the NDAA for FY 2010. It merely
extends the end date of the Commercial Item Test Program from January
1, 2010, to January 1, 2012. Therefore, because there is no change in
policy or procedure, the Councils determined to issue a final rule
without comment.
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. 804.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Pub. L. 98-577, and publication for public
comments is not required.
The Councils will consider comments from small entities concerning
the existing regulations in parts 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 (FAC 2005-39, FAR Case 2009-
035) in correspondence.
D. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management
[[Page 13414]]
and Budget under 44 U.S.C. chapter 35, et seq.
List of Subjects in 48 CFR Part 13
Government procurement.
Dated: March 15, 2010.
Al Matera,
Director, Acquisition Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below:
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
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1. The authority citation for 48 CFR part 13 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
13.500 [Amended]
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2. Amend section 13.500 by removing from paragraph (d) ``January 1,
2010'' and adding ``January 1, 2012'' in its place.
[FR Doc. 2010-5985 Filed 3-18-10; 8:45 am]
BILLING CODE 6820-EP-S