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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: March 23, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Buy-to-Budget -- Acquisition of End Items

SOURCE: Federal Register, March 23, 2004, Vol. 69, No. 56, page 13477

AGENCIES: Department of Defense (DOD)

ACTION: Final Rule

SYNOPSIS: The July 22, 2003, interim rule that authorized DOD to acquire a higher quantity of an end item than the quantity specified in law, under certain conditions is adopted as final without changes.

EDITOR'S NOTE: For more on the interim rule that is being finalized, see the July 22, 2003, FEDERAL CONTRACTS DISPATCH "Defense Federal Acquisition Regulation Supplement (DFARS); Buy-to-Budget -- Acquisition of End Items."

For more on the acquisition-related provisions of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314), see the December 3, 2002, FEDERAL CONTRACTS DISPATCH "Enactment of the National Defense Authorization Act for Fiscal Year 2003."

EFFECTIVE DATE: March 23, 2004.

FOR FURTHER INFORMATION CONTACT: Teresa Brooks, Defense Acquisition Regulations Council, OUSD(AT&L)DPAP(DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; 703-602-0326; fax: 703-602-0350. Cite "DFARS Case 2002-D036" when referring to this final rule.

SUPPLEMENTAL INFORMATION: On July 22, 2003, DOD published an interim rule which added DFARS Subpart 207.70, Buy-to-Budget -- Additional Quantities of End Items, to implement Section 801 of the National Defense Authorization Act for Fiscal Year 2003. Section 801 added 10 U.S.C. 2308, which provides that DOD may acquire a higher quantity of an end item than the quantity specified in a law providing for the funding of the acquisition if the agency head makes certain findings regarding the acquisition.

No comments on the interim rule were received, so the interim rule is adopted as a final rule without changes.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2004 by Panoptic Enterprises. All Rights Reserved.

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