98-32582. Defense Federal Acquisition Regulation Supplement; Competition Exception for International Agreements

[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Rules and Regulations]
[Page 67803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32582]



[[Page 67803]]

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DEPARTMENT OF DEFENSE

48 CFR Part 206

[DFARS Case 97-D324]


Defense Federal Acquisition Regulation Supplement; Competition 
Exception for International Agreements

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement Section 841(b) of the National Defense Authorization Act 
for Fiscal Year 1998. Section 841(b) repeals the requirement for the 
competition advocate to approve documentation prepared by the head of 
the contracting activity, for use of other than competitive procedures, 
when the terms of an international agreement have the effect of 
requiring such procedures.

EFFECTIVE DATE: December 9, 1998.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition 
Regulations Council, PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone [phone]; telefax 
[phone]. Please cite DFARS Case 97-D324.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule revises DFARS 206.302-4 to implement Section 841(b) 
of the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 
105-85). Section 841(b) amends 10 U.S.C. 2304(f)(2)(E) to repeal the 
requirement for the competition advocate to approve documentation 
supporting the use of other than competitive procedures for an 
acquisition, when the use of such procedures is based upon the terms of 
an international agreement.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Pub. L. 98-577 and publication of public 
comment is not required. However, comments from small entities 
concerning the affected DFARS subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 97-D324.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final 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 Part 206

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR Part 206 is amended as follows:
    1. The authority citation for 48 CFR Part 206 continues to read as 
follows:

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

PART 206--COMPETITION REQUIREMENTS

    2. Section 206.302-4 is revised to read as follows:


206.302-4  International agreement.

    (c) Limitations. Pursuant to 10 U.S.C. 2304(f)(2)(E), the 
justifications and approvals described in FAR 6.303 and 6.304 are not 
required if the head of the contracting activity prepares a document 
that describes the terms of an agreement or treaty or the written 
directions, such as a Letter of Offer and Acceptance, that have the 
effect of requiring the use of other than competitive procedures for 
the acquisition.
[FR Doc. 98-32582 Filed 12-8-98; 8:45 am]
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