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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: July 31, 2000

FROM: Barry McVay, CPCM

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Repeal of Reporting Requirements Under Public Law 85-804

SOURCE: Federal Register, July 31, 2000, Vol. 65, No. 147, page 46626

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: DOD is removing DFARS 250.104, Reports, which contains requirements for preparation of reports to Congress regarding actions taken on contractor requests for relief under the authority of Public Law 85-804. The reporting requirement was repealed in 1998.

EFFECTIVE DATE: July 31, 2000.

FOR FURTHER INFORMATION CONTACT: Rick Layser, Defense Acquisition Regulations Council, OUSD (AT&L) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0293; fax: 703-602-0350. Cite DFARS Case 2000-D016 when referring to this rule.

SUPPLEMENTAL INFORMATION: Public Law 85-804 permits the government to enter into, amend, and modify contracts to facilitate the national defense by providing extraordinary contractual relief. Section 4 of Public Law 85-804 required each department and agency to report annually to Congress any contract action in excess of $50,000 issued under the authority of Public Law 85-804. DFARS 250.104 implemented Section 4 of Public Law 85-804, but Section 4 was repealed by paragraph 901(r)(1) of the Federal Reports Elimination Act of 1998 (Public Law 105-362), so the reporting requirement no longer exists. Therefore, this final rule removes DFARS 250.104.

EDITOR'S NOTE: On July 26, 2000, Federal Acquisition Circular (FAC) 97-19 removed Federal Acquisition Regulation (FAR) 50.104, Reports, which provided the FAR implementing instructions for the repealed reporting requirement. For more on FAC 97-19, see the July 26, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-19, Miscellaneous Amendments."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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