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DOD/DARC

RIN: 0750-AH17

Publication ID: Spring 2011

Title: ●Nonavailability Exception for Procurement of Hand or Measuring Tools (DFARS Case 2011-D025)
Abstract: This rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011 (Pub. L. 111-383). Section 847 provides a nonavailability exception to the requirement at 10 U.S.C. 2533a (Berry Amendment) to acquire only domestic hand or measuring tools. This rule amends Defense Federal Acquisition Regulation Supplement (DFARS) 225.7002-2 to implement section 847. The nonavailability exception was previously limited to the items covered in 10 U.S.C. 2533(b)(1). The rule allows purchase of hand or measuring tools from foreign sources only when such tools are not available from domestic sources. If no domestic sources produce the tools, then allowing purchase from a foreign source will not impact any U.S. small business.
Agency: Department of Defense(DOD)	Priority: Substantive, Nonsignificant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 48 CFR 225
Legal Authority: PL 111-383 10 USC 2533a

Legal Deadline:

Action	Source	Description	Date
Other	Statutory	Statute is effective upon implementation of NDAA for FY 11	01/07/2011

Overall Description of Deadline: This interim rule implements section 847 of the National Defense Authorization Act for Fiscal Year 2011. This requirement became effective upon enactment, January 7, 2011.

Timetable:

Action	Date	FR Cite
Interim Final Rule	03/17/2011	76 FR 14588
Interim Final Rule Effective Date	03/17/2011
Interim Final Rule Comment Period End	05/16/2011
Final Action	08/00/2011

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