[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47107-47108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22422]
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DEPARTMENT OF DEFENSE
48 CFR Part 207
[DFARS Case 2000-D030]
Defense Federal Acquisition Regulation Supplement; Review of
Acquisition Plans for Conventional Ammunition
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to add policy pertaining to
acquisition plans for conventional ammunition. The rule requires
military departments and defense agencies to submit acquisition plans
to the DoD single manager for conventional ammunition (SCMA) for
review.
EFFECTIVE DATE: September 11, 2001.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense
Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3C132, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
facsimile (703) 602-0350. Please cite DFARS Case 2000-D030.
SUPPLEMENTARY INFORMATION:
A. Background
Section 806 of the National Defense Authorization Act for Fiscal
Year 1999 (Public Law 105-261) provides authority for the DoD SCMA to
restrict the procurement of conventional ammunition to sources within
the national technology and industrial base, when the SCMA determines
such limitation is necessary to maintain a facility, producer,
manufacturer, or supplier for an essential item of ammunition. This
final DFARS rule facilitates the implementation of Section 806 by
requiring military departments and defense agencies to submit
acquisition plans for conventional ammunition to the SCMA for review.
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-D030.
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 207
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 207 is amended as follows:
1. The authority citation for 48 CFR Part 207 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 207--ACQUISITION PLANNING
2. Section 207.103 is amended as follows:
a. By redesignating paragraphs (c), (d), (f), and (h) as paragraphs
(d), (e), (g), and (i), respectively;
b. In newly designated paragraph (d)(i), by revising the
introductory text;
c. In newly designated paragraph (d)(ii), in the second sentence,
by removing ``which'' and adding in its place ``that'';
d. In newly designated paragraph (e), in the first sentence, by
removing the parenthetical ``(c)'' and adding in its place ``(d)''; and
e. By adding a new paragraph (h). The revised and added text reads
as follows:
207.103 Agency-head responsibilities.
(d)(i) Prepare written acquisition plans for--
* * * * *
(h) For procurement of conventional ammunition, as defined in DoDD
5160.65, Single Manager for Conventional Ammunition (SCMA)--
(i) The department or agency--
(A) Must submit the acquisition plan to the SCMA at the following
address: Deputy for Ammunition, Office of the Assistant Secretary of
the Army (Acquisition, Logistics and Technology), ATTN: SAAL-ZCA, 5001
Eisenhower Avenue, Alexandria, VA 22333-0001. Telephone: Commercial
(703) 617-8001; DSN 767-8001;
(B) Also must submit an acquisition plan to the SCMA for a new
procurement covered by a previously approved acquisition plan, if the
SCMA did not review the previously approved acquisition plan; and
(C) Must not proceed with the procurement until the SCMA provides
written concurrence with the acquisition plan.
(ii) The SCMA--
(A) Will review the acquisition plan to determine if it is
consistent with retaining national technology and industrial base
capabilities in accordance with 10 U.S.C. 2304(c)(3) and Section 806 of
Public law 105-261; and
[[Page 47108]]
(B) Will notify the department or agency of concurrence or non-
concurrence. In the case of a non-concurrence, the SCMA, with
assistance from the Army Office of the Executive Director for
Conventional Ammunition, will attempt to resolve the matter with the
department or agency. If no agreement is reached, the Assistant
Secretary of the Army (Acquisition, Logistics and Technology) will make
the final decision on the appropriate acquisition approach.
* * * * *
[FR Doc. 01-22422 Filed 9-10-01; 8:45 am]
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