[Federal Register: October 14, 1999 (Volume 64, Number 198)]
[Rules and Regulations]               
[Page 55632-55633]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14oc99-7]                         

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DEPARTMENT OF DEFENSE

48 CFR Parts 211, 214, and 252

[DFARS Case 99-D023]

 
Defense Federal Acquisition Regulation Supplement; Brand Name or 
Equal Purchase Descriptions

AGENCY: Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: The Director of Defense Procurement has issued a final rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to remove policy pertaining to use of brand name purchase descriptions. 
Policy on this subject has been incorporated into the Federal 
Acquisition Regulation (FAR).

EFFECTIVE DATE: October 14, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Melissa Rider, Defense Acquisition 
Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-4245; telefax 
(703) 602-0350. Please cite DFARS Case 99-D023.

SUPPLEMENTARY INFORMATION: 

A. Background

    This final rule removes the policy at DFARS 211.207-1 and 211.270-
2, and the solicitation provision at DFARS 252.211-7003, pertaining to 
use of ``brand name or equal'' purchase

[[Page 55633]]

descriptions. Similar policy on this subject was incorporated into FAR 
on August 16, 1999 (64 FR 32741, June 17, 1999; Federal Acquisition 
Circular 97-12, Item II).
    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 subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 99-
D023.

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 Parts 211, 214, and 252

    Government procurement.
Michele P. Peterson
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR parts 211, 214, and 252 are amended as follows:
    1. The authority citation for 48 CFR parts 211, 214, and 252 
continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 211--DESCRIBING AGENCY NEEDS


211.270  [Removed and Reserved]

    2. Section 211.270 is removed and reserved.


211.270-1 and 211.270-2  [Removed]

    3. Sections 211.270-1 and 211.270-2 are removed.

PART 214--SEALED BIDDING


214.202-5  [Amended]

    4. Section 214.202-5 is amended in paragraph (d) by removing the 
reference ``252.211-7003'' and adding in its place the reference ``FAR 
52.211-6''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.211-7003  [Removed and Reserved]

    5. Section 252.211-7003 is removed and reserved.

[FR Doc. 99-26641 Filed 10-13-99; 8:45 am]
BILLING CODE 5000-04-M