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DOD/DARC RIN: 0750-AG71 Publication ID: Spring 2011 
Title: Prohibition on Award of Prime Vendor Contracts for Depot-Level Maintenance and Repair Prior to Submission of Report to Congress (DFARS Case 2010-D003) 
Abstract: This rule proposed to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 346 of the National Defense Authorization Act for Fiscal Year 1999, as amended by section 336 of the National Defense Authorization Act for Fiscal Year 2000. These provisions prohibit the award of prime vendor contracts for depot-level maintenance and repair of a weapon system or other military equipment, described in 10 U.S.C. 2464(a)(3), prior to the submission to Congress by the Secretary of Defense or a Military Department of a report, specific to the proposed contract, and the conclusion of a 30-day period after that submission. This rule has been withdrawn without further action because section 322 of the FY 2011 National Defense Authorization Act (P.L. 111-383) repealed the underlying statutory requirement, eliminating the need for the regulation. 
Agency: Department of Defense(DOD)  Priority: Other Significant 
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: 10 USC 2464    PL 105-261    PL 106-65    PL 98-577   
Legal Deadline:
Action Source Description Date
Final  Statutory  Absent this interim regulatory change, the law will not be implemented.   06/01/2010 

Overall Description of Deadline: Urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because the statutory provisions were not previously addressed in regulation and have become the subject of DoD Inspector General reviews. Therefore, it is imperative that DoD contracting officers be aware of the prohibition on awarding prime vendor contracts before the close of the 30-day period after submission of the report to Congress.

Timetable:
Action Date FR Cite
Withdrawn  01/29/2010    
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