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DOD/DARC

RIN: 0750-AG69

Publication ID: Spring 2011

Title: Publication of Notification of Bundling of Contracts of the Department of Defense (DFARS Case 2009-D033)
Abstract: This rule implemented section 820 of the National Defense Authorization Act for Fiscal Year 2010 requiring DoD contracting officers to publish a notification on FedBizOpps.gov, or any successor site, at least 30 days prior to the release of a solicitation for a bundled acquisition. If the DoD agency has determined that "measurably substantial benefits are expected to be derived as a result of bundling," the notification must include a brief description of those benefits. The rule added a requirement at DFARS 205.205-70 to publish a notification of the intention to bundle a DoD procurement at least 30 days prior to (1) the release of a solicitation or (2) placing an order without a solicitation. The objective of the rule is to enable small businesses to compete for more work of which the firms might otherwise have been unaware. The notification requirement will provide a much broader segment of the small-business community awareness of upcoming business opportunities. The economic impact is expected to be positive.
Agency: Department of Defense(DOD)	Priority: Substantive, Nonsignificant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR ch 1 (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: PL 111-84 41 USC 421

Legal Deadline:

Action	Source	Description	Date
Final	Statutory		10/28/2009

Overall Description of Deadline: Implementation of section 820 of the NDAA for FY10 is required without prior opportunity for public comment because the Act became effective upon enactment and, absent this interim regulatory change, the law will not be implemented.

Timetable:

Action	Date	FR Cite
Interim Final Rule	07/13/2010	75 FR 40714
Interim Final Rule Effective	07/13/2010
Interim Final Rule Comment Period End	09/13/2010
Final Action	02/22/2011	76 FR 9679
Final Action Effective	02/22/2011

Regulatory Flexibility Analysis Required: No	Government Levels Affected: None
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Data Printed in the FR: No
Agency Contact: Ynette R. Shelkin Editor, Defense Acquisition Regulations System Department of Defense Defense Acquisition Regulations Council OUSD/AT&L DPAP/DARS, 3060 Defense Pentagon, Room 3B855, Washington, DC 20301-3060 Phone:571 372-6089 Email: ynette.shelkin@osd.mil