# 75 FR 60690: Defense Federal Acquisition Regulation Supplement (DFARS); Electronic Ordering Procedures (DFARS Case 2009-D037) > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-24386 ## Section - **Citation:** 75 FR 60690 - **Heading:** Defense Federal Acquisition Regulation Supplement (DFARS); Electronic Ordering Procedures (DFARS Case 2009-D037) - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** August 14, 2026 - **Source:** Compiled text - **Location:** Federal Register / Vol. 75 / 75 FR 60690 ## Text DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216 and 252 Defense Federal Acquisition Regulation Supplement (DFARS); Electronic Ordering Procedures (DFARS Case 2009-D037) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule with request for comments. SUMMARY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement to address electronic business procedures for placing orders. DATES: Comment date: Comments on this proposed rule should be submitted in writing to the address shown below on or before November 30, 2010, to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2009-D037, using any of the following methods: Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. E-mail: dfars@osd.mil. Include DFARS Case 2009-D037 in the subject line of the message. Fax: 703-602-0350. Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E. Thrash, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 20301-3060. Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check http://www.regulations.gov approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310. SUPPLEMENTARY INFORMATION: A. Background DoD is proposing to add language to the DFARS to make electronic distribution procedures a routine part of order issuance. This case establishes a standard method for issuance of orders via electronic means. DoD currently has the capability to distribute orders electronically on a routine basis, and can post those orders centrally to a site any contractor can access. DoD is proposing the following changes: • Add the prescription at DFARS 216.506(a) to require a new clause 252.216-70XX, Ordering, in lieu of the clause at FAR 52.216-18, Ordering, in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated; and • Add a new clause at DFARS 252.216-70XX, Ordering. B. Regulatory Flexibility Act This change may have a significant impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. A copy of the analysis may be obtained from the point of contact specified herein. The objective of this rule is that, as the DoD now has the capability to distribute orders electronically on a routine basis and can post those orders centrally to a Web site that any contractor can access, the DFARS needs to provide language that will make those procedures a routine part of contract issuance. This rule will enable DoD to further the goals of the E-Government Act of 2002. For Fiscal Year 2009, DoD made awards to 6,097 small business-unique Data Universal Numbering System (DUNS) numbers using the clause at FAR 52.216-18, Ordering. The benefit of this rule to small business is that it will make electronic distribution procedures a routine part of order issuance. This change will ultimately help improve the management and promotion of electronic Government services and processes, and establish a framework to improve public access to Government information and services. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2009-D037) in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the 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 Parts 216 and 252 Government procurement. Ynette R. Shelkin, Editor, Defense Acquisition Regulations System. Therefore, DoD proposes to amend 48 CFR parts 216 and 252 as follows: 1. The authority citation for 48 CFR parts 216 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR chapter 1. PART 216—TYPES OF CONTRACTS 2. Amend section 216.506 by adding paragraph (a) to read as follows: 216.506 Solicitation provisions and contract clauses. (a) Insert the clause at 252.216-70XX, Ordering, in lieu of the clause at FAR 52.216-18, in solicitations and contracts when a definite-quantity contract, a requirements contract, or an indefinite-quantity contract is contemplated. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Add section 252.216—70XX to read as follows: 252.216-70XX Ordering. As prescribed in 216.506(a), use the following clause: ORDERING (DATE) (a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the contract schedule. Such orders may be issued from ______ through ______ ( Insert dates ). (b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control. (c)(1) If issued electronically, the order is considered “issued” when a copy has been posted to the Electronic Document Access system, and notice has been sent to the Contractor. (2) If mailed or transmitted by facsimile, a delivery order or task order is considered “issued” when the Government deposits the order in the mail or transmits by facsimile. Mailing includes transmittal by U.S. mail or private delivery services. (3) Orders may be issued orally only if authorized in the schedule. (End of clause) [FR Doc. 2010-24386 Filed 9-30-10; 8:45 am] BILLING CODE 5001-08-P ## Nearby sections - [75 FR 94 Amendments to the Section 7216 Regulations-Disclosure or Use of Information by Preparers of Returns](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31114.md) - [75 FR 186 Energy Conservation Program: Test Procedures for Walk-In Coolers and Walk-In Freezers](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-30884.md) - [75 FR 262 Airworthiness Directives; Lockheed Martin Corporation/Lockheed Martin Aeronautics Company Model 382, 382B, 382E, 382F, and 382G Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31289.md) - [75 FR 316 Endangered and Threatened Wildlife; 90-Day Finding on a Petition to List the Insular Population of Hawaiian False Killer Whales as an Endangered Species](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_E9-31297.md) - [75 FR 1555 National Organic Program; Proposed Amendments to the National List of Allowed and Prohibited Substances (Crops)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-165.md) - [75 FR 1574 Endangered and Threatened Wildlife and Plants; 12-month Finding on a Petition To Revise Critical Habitat for the Florida Manatee (Trichechus manatus latirostris)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-325.md) - [75 FR 1731 Airworthiness Directives; Sicma Aero Seat 9140, 9166, 9173, 9174, 9184, 9188, 9196, 91B7, 91B8, 91C0, 91C2, 91C3, 91C4, 91C5, and 9301 Series Passenger Seat Assemblies; and Sicma Aero Seat 9501311-05, 9501301-06, 9501311-15, 9501301-16, 9501441-30, 9501441-33, 9501311-55, 9501301-56, 9501441-83, 9501441-95, 9501311-97, and 9501301-98 Passenger Seat Assemblies; Installed on Various Transport Category Airplanes](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-484.md) - [75 FR 2457 Defense Federal Acquisition Regulation Supplement; Business Systems-Definition and Administration (DFARS Case 2009-D038)](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-392.md) - [75 FR 2466 State Highway-Rail Grade Crossing Action Plans](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-684.md) - [75 FR 2821 Personnel Records](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-809.md) - [75 FR 3182 Intake Screening](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-878.md) - [75 FR 3434 Fisheries of the Northeastern United States; Northeast Skate Complex Fishery; Amendment 3](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1084.md) - [75 FR 3666 Basis Reporting by Securities Brokers and Basis Determination for Stock; Correction](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1122.md) - [75 FR 3668 Conditional Approval and Promulgation of State Implementation Plans; Ohio; Carbon Monoxide and Volatile Organic Compounds](https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-1223.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/FR_PRORULE_2010-24386. Check the current official text before relying on it. Not legal advice.