DATE: November 22, 2004
SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Written Assurance of Technical Data Conformity
SOURCE: Federal Register, November 22, 2004, Vol. 69, No. 224, page 67856
AGENCIES: Department of Defense (DOD)
ACTION: Final Rule
SYNOPSIS: DOD is adopting as final, without change, the interim rule that removed DFARS 252.227-7036, Declaration of Technical Data Conformity, and amended DFARS Subpart 227.71, Rights in Technical Data, to implement Section 844 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136), which eliminated the requirement for contractors to furnish written assurance that technical data delivered to the government is complete and accurate and satisfies the requirements of the contract.
EDITOR'S NOTE: For more on the interim rule being finalized, see the June 8, 2004, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Written Assurance of Technical Data Conformity."
For more on the acquisition-related provisions of Public Law 108-136, see the November 25, 2003, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2004."
EFFECTIVE DATE: November 22, 2004.
FOR FURTHER INFORMATION CONTACT: Amy Williams, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0328; fax: 703-602-0350.
SUPPLEMENTARY INFORMATION: Section 844 of Public Law 108-136 amended 10 U.S.C. 2320(b) to eliminate the requirement for contractors to furnish written assurance that delivered technical data is complete and accurate and satisfies the requirements of the contract. The purpose of this change was to reduce paperwork for contractors, but not diminish the contractor's obligation to provide technical data that is complete and complies with contract requirements.
To implement Section 844, DOD published an interim rule on June 8, 2004, that removed DFARS 252.227-7036 and the following portions of DFARS Subpart 227.71:
Three respondents submitted comments on the interim rule, and all supported the interim rule, so DOD has adopted the interim rule as final without change.
FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.
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