[Federal Register: December 9, 1998 (Volume 63, Number 236)]
[Rules and Regulations]               
[Page 67804-67805]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09de98-15]

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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 97-D328]

 
Defense Federal Acquisition Regulation Supplement; Service 
Contracts that Cross Fiscal Years

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 obsolete guidance pertaining to service contracts that cross 
fiscal years. Section 801 of the National Defense Authorization Act for 
Fiscal Year 1998 expanded the statutory authority to enter into such 
contracts. Federal Acquisition Circular 97-09, dated October 30, 1998, 
incorporated current guidance on this subject into the Federal 
Acquisition Regulation.

EFFECTIVE DATE: December 9, 1998.

FOR FURTHER INFORMATION CONTACT:
Mr. Michael Pelkey, Defense Acquisition Regulations Council, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telephone (703) 602-0131; telefax (703) 602-0350. Please cite 
DFARS Case 97-D328.

SUPPLEMENTARY INFORMATION: 

A. Background

    Section 801 of the National Defense Authorization Act for Fiscal 
Year 1998 (Pub. L. 105-85) amended 10 U.S.C. 2410a to expand the 
authority pertaining to service contracts that cross fiscal years. Item 
VIII of Federal Acquisition Circular 97-09 (63 FR 58600, October 30, 
1998) amended the Federal Acquisition Regulation to implement Section 
801. This final rule revises DFARS 237.106 to remove obsolete guidance 
pertaining to service contracts that cross fiscal years.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant revision within 
the meaning of FAR 1.501 and Pub. L. 98-577 and publication for public 
comment is not required. However, comments from small entities 
concerning the affected DFARS subpart will be considered in accordance 
with 5 U.S.C. 610. Such comments should cite DFARS Case 97-D328.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the final 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 Part 237

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
    Therefore, 48 CFR Part 237 is amended as follows:
    1. The authority citation for 48 CFR Part 237 continues to read as 
follows:

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

PART 237--SERVICE CONTRACTING

    2. Section 237.106 is revised to read as follows:

[[Page 67805]]

237.106  Funding and term of service contracts.

    Personal service contracts for expert or consultant services shall 
not exceed 1 year. The nature of the duties must be--
    (1) Temporary (not more than 1 year); or
    (2) Intermittent (not cumulatively more than 130 days in 1 year).
[FR Doc. 98-32585 Filed 12-8-98; 8:45 am]
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