[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]





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.


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.


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.

Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below:


1. The authority citation for 48 CFR part 13 continues to read as 

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

13.500  [Amended]

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]