98-32583. Defense Federal Acquisition Regulation Supplement; Waiver Authority to Support Humanitarian or Peacekeeping Operations

[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Rules and Regulations]
[Pages 67803-67804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32583]


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DEPARTMENT OF DEFENSE

48 CFR Part 217

[DFARS Case 97-D319]


Defense Federal Acquisition Regulation Supplement; Waiver 
Authority to Support Humanitarian or Peacekeeping Operations

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 803 of the National Defense Authorization Act for 
Fiscal Year 1998. Section 803 permits the head of an agency to waive 
certain limitations on the use of undefinitized contract actions, if 
the waiver is necessary to support a humanitarian or peacekeeping 
operation.

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-D319.

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule amends DFARS 217.7404-5 to implement Section 803 of 
the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 
105-85). Section 803 amends the limitations at 10 U.S.C. 2326(b)(4) 
pertaining to the use of undefinitized contract actions. Editorial 
changes are made at 217.7404-3.

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 for 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-D319.

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 217

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR Part 217 is amended as follows:
    1. The authority citation for 48 CFR Part 217 continues to read as 
follows:

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

PART 217--SPECIAL CONTRACTING METHODS

    2. Section 217.7404-3 is amended by revising paragraph (a) 
introductory text and paragraph (a)(1) to read as follows:


217.7404-3  Definitization schedule.

    (a) UCAs shall contain definitization schedules that provide for 
definitization by the earlier of--
    (1) The date that is 180 days after issuance of the action (this 
date may be extended but may not exceed the date that is 180 days after 
the contractor submits a qualifying proposal); or
* * * * *
    3. Section 217.7404-5 is amended by revising paragraph (b) to read 
as follows:

[[Page 67804]]

217.7404-5  Exceptions.

* * * * *
    (b) The head of an agency may waive the limitations in 217.7404-2, 
217.7404-3, and 217.7404-4 for UCAs if the head of the agency 
determines that the waiver is necessary to support--
    (1) A contingency operation as defined in 10 U.S.C. 101(a)(13); or
    (2) A humanitarian or peacekeeping operation as defined in 10 
U.S.C. 2302(7).
[FR Doc. 98-32583 Filed 12-8-98; 8:45 am]
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