[Federal Register Volume 65, Number 240 (Wednesday, December 13, 2000)]
[Rules and Regulations]
[Pages 77835-77836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31604]


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DEPARTMENT OF DEFENSE

48 CFR Part 250

[DFARS Case 2000-D025]


Defense Federal Acquisition Regulation Supplement; Authority to 
Indemnify Against Unusually Hazardous or Nuclear Risks

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 clarify the authority of the Under Secretary of Defense 
(Acquisition, Technology, and Logistics) to indemnify a contractor 
against unusually hazardous or nuclear risks.

EFFECTIVE DATE: December 13, 2000.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Layser, Defense Acquisition 
Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0293; 
facsimile (703) 602-0350. Please cite DFARS Case 2000-D025.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends DFARS Part 250, Extraordinary Contractual 
Actions, to clarify that the Under Secretary of Defense (Acquisition, 
Technology, and Logistics) may indemnify a contractor against unusually 
hazardous or nuclear risks, in accordance with the acquisition

[[Page 77836]]

authority provided the Under Secretary at 10 U.S.C. 133.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Public Law 98-577 and publication for 
public comment is not required. However, DoD will consider comments 
from small entities concerning the affected DFARS subpart in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 2000-D025.

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 Part 250

    Government procurement.

Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Part 250 is amended as follows:
    1. The authority citation for 48 CFR Part 250 continues to read as 
follows:

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

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS

    2. Section 250.201 is revised to read as follows:


250.201  Delegation of authority.

    (b) Authority under FAR subpart 50.4 to approve actions obligating 
$50,000 or less may not be delegated below the level of the head of the 
contracting activity.
    (d) In accordance with the acquisition authority of the Under 
Secretary of Defense (Acquisition, Technology, and Logistics (USD 
(AT&L)) under 10 U.S.C. 133, in addition to the Secretary of Defense 
and the Secretaries of the military departments, the USD (AT&L) may 
exercise authority to indemnify against unusually hazardous or nuclear 
risks.
    3. Section 250.201-70 is amended by revising paragraphs (b)(1) and 
(c) to read as follows:


250.201-70  Delegations.

* * * * *
    (b) * * *
    (1) Requests to obligate the Government in excess of $50,000 must 
be submitted to the USD (AT&L) for approval.
* * * * *
    (c) Approvals. The Secretary of the military department or the 
agency director must approve any delegations in writing.

[FR Doc. 00-31604 Filed 12-12-00; 8:45 am]
BILLING CODE 5000-04-M