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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: June 8, 2004

SUBJECT: Defense Federal Acquisition Regulation Supplement (DFARS); Written Assurance of Technical Data Conformity

SOURCE: Federal Register, June 8, 2004, Vol. 69, No. 110, page 31911

AGENCIES: Department of Defense (DOD)

ACTION: Interim Rule

SYNOPSIS: DOD is removing DFARS 252.227-7036, Declaration of Technical Data Conformity, and amending 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 eliminates 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 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."

DATES: The effective date of this interim rule is June 8, 2004. Comments on the interim rule must be submitted on or before August 9, 2004.

ADDRESSES: Submit comments, identified by "DFARS Case 2003-D104," to: (1) http://www.regulations.gov; (2) http://emissary.acq.osd.mil/dar/dfars.nsf/pubcomm; (3) e-mail: dfars@osd.mil; fax: 703-602-0350; (4) mail: Defense Acquisition Regulations Council, Attn: Amy Williams, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062; (5) hand-delivery/courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202-3402.

FOR FURTHER INFORMATION CONTACT: Amy Williams, 703-602-0328.

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, this interim rule removes DFARS 252.227-7036 and the following portions of DFARS Subpart 227.71:

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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