80 FR 21656 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 75 (April 20, 2015)

Page Range		21656-21657
FR Document		2015-08975

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

Federal Register, Volume 80 Issue 75 (Monday, April 20, 2015)

[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Rules and Regulations]
[Pages 21656-21657]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-08975]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

[Docket Number DARS-2015-0018]

48 CFR Parts 205, 206, 208, 210, 213, 215, and 216


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide needed editorial 
changes.

DATES: Effective April 20, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088; 
facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
    1. Directs contracting officers to additional procedures and 
guidance by adding references at--
     DFARS 205.205.205-71 to DFARS Procedures, Guidance and 
Information (PGI) 206.302-1(d);
     DFARS 206.000 to PGI 206.000;
     DFARS 206.302-1(d) to PGI 206.302-1(d);
     DFARS 206.303-2 to PGI 206.303-2(b)(i);
     DFARS 206.304(a)(S-70) to PGI 206.304(a)(S-70);
     DFARS 208.405-6 to PGI 208.405-6;
     DFARS 210.002 to PGI 210.002(e)(ii);
     DFARS 213.104 to PGI 213.104;
     DFARS 213.500-70 to PGI 215.371-2;
     DFARS 213.501 to PGI 206.304(a)(S-70);
     DFARS 215.371-2 to PGI 215.371-2; and
     DFARS 216.505(b)(2) to PGI 216.505(b)(2).
    2. Revises paragraph structure of sections 210.002 and 215.371-2.

List of Subjects in 48 CFR Parts 205, 206, 208, 210, 213, 215, and 
216

    Government procurement.


[[Page 21657]]


    Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 205, 206, 208, 210, 213, 215, and 216 are 
amended as follows:

0
1. The authority citation for 48 CFR parts 205, 208, 210, 213, 215, and 
216 continues to read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
2. Add section 205.205-71 to read as follows:


205.205-71  Only one responsible source.

    Follow the procedures at PGI 206.302-1(d) prior to soliciting a 
proposal without providing for full and open competition under the 
authority at FAR 6.302-1.

PART 206--COMPETITION REQUIREMENTS

0
3. Revise the authority citation for 48 CFR part 206 to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.


0
4. Add section 206.000 to read as follows:


206.000  Scope of part.

    For information on the various approaches that may be used to 
competitively fulfill DoD requirements, see PGI 206.000.

0
5. Amend section 206.302-1 by adding paragraph (d) to read as follows:


206.302-1  Only one responsible source and no other supplies or 
services will satisfy agency requirements.

* * * * *
    (d) Limitations. Follow the procedures at PGI 206.302-1(d) prior to 
soliciting a proposal without providing for full and open competition 
under this authority.

0
6. Add section 206.303-2 to read as follows:


206.303-2  Content.

    (b)(i) Include the information required by PGI 206.303-2(b)(i) in 
justifications citing the authority at FAR 6.302-1.

0
7. Amend section 206.304(a) by adding a new paragraph (S-70) to read as 
follows:


206.304  Approval of the justification.

    (a)(4) * * *
    (S-70) For a noncompetitive follow-on acquisition to a previous 
award for the same supply or service supported by a justification for 
other than full and open competition citing the authority at FAR 6.302-
1, follow the procedures at PGI 206.304(a)(S-70).

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
8. Add section 208.405-6 to read as follows:


208.405-6  Limiting sources.

    For an order or blanket purchase agreement (BPA) exceeding the 
simplified acquisition threshold that is a follow-on to an order or BPA 
for the same supply or service previously issued based on a limiting 
sources justification citing the authority at FAR 8.405-6(a)(1)(i)(B) 
or (C), follow the procedures at PGI 208.405-6.

PART 210--MARKET RESEARCH

0
9. Revise section 210.002 to read as follows:


210.002  Procedures.

    (e)(i) When contracting for services, see PGI 210.070 for the 
``Market Research Report Guide for Improving the Tradecraft in Services 
Acquisition''.
    (ii) See PGI 210.002(e)(ii) regarding potential offerors that 
express an interest in an acquisition.

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

0
10. Add section 213.104 to read as follows:


213.104  Promoting competition.

    For information on the various approaches that may be used to 
competitively fulfill DoD requirements, see PGI 213.104.

0
11. Add subpart 213.5 to read as follows:
Subpart 213.5--Test Program for Certain Commercial Items
Sec.
213.500-70 Only one offer.
213.501 Special documentation requirement.

Subpart 213.5--Test Program for Certain Commercial Items


213.500-70  Only one offer.

    If only one offer is received in response to a competitive 
solicitation issued using simplified acquisition procedures authorized 
under FAR subpart 13.5, follow the procedures at PGI 215.371-2.


213.501  Special documentation requirements.

    (a) Sole source (including brand name) acquisitions. For 
noncompetitive follow-on acquisitions of supplies or services 
previously awarded on a noncompetitive basis, include the additional 
documentation required by PGI 206.303-2(b)(i) and follow the procedures 
at PGI 206.304(a)(S-70).

PART 215--CONTRACTING BY NEGOTIATION

0
12. Revise 215.371-2 to read as follows:


215.371-2  Promote competition.

    Except as provided in sections 215.371-4 and 215.371-5--
    (a) If only one offer is received when competitive procedures were 
used and the solicitation allowed fewer than 30 days for receipt of 
proposals, the contracting officer shall--
    (1) Consult with the requiring activity as to whether the 
requirements document should be revised in order to promote more 
competition (see FAR 6.502(b) and 11.002); and
    (2) Resolicit, allowing an additional period of at least 30 days 
for receipt of proposals; and
    (b) For competitive solicitations in which more than one potential 
offeror expressed an interest in an acquisition, but only one offer was 
ultimately received, follow the procedures at PGI 215.371-2.

PART 216--TYPES OF CONTRACTS


216.505  [Amended]

0
13. Amend section 216.505 by adding paragraph (b)(2) to read as 
follows:


216.505  Ordering.

* * * * *
    (b)(2) Exceptions to the fair opportunity process. For an order 
exceeding the simplified acquisition threshold, that is a follow-on to 
an order previously issued for the same supply or service based on a 
justification for an exception to fair opportunity citing the authority 
at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI 
216.505(b)(2).

[FR Doc. 2015-08975 Filed 4-17-15; 8:45 am]
 BILLING CODE 5001-06-P

21656 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Rules and Regulations

in existing § 1640.4. No substantive § 1640.4 Violation of agreement. DEPARTMENT OF DEFENSE
changes were made, but the text has (a) LSC will determine that a recipient
been revised for clarity and readability Defense Acquisition Regulations
has violated the agreement described in System
throughout the section. LSC received no
§ 1640.3 when the recipient has been
comments on this proposal.
convicted of, or judgment has been
[Docket Number DARS–2015–0018]
List of Subjects in 45 CFR part 1640 entered against the recipient for, a
violation of an applicable Federal law 48 CFR Parts 205, 206, 208, 210, 213,
Fraud; Grant programs—law; Legal relating to the proper use of Federal
services. 215, and 216
funds with respect to its LSC grant or
For the reasons stated in the contract, by the court having Defense Federal Acquisition
preamble, the Legal Services jurisdiction of the matter, and any Regulation Supplement; Technical
Corporation revises 45 CFR part 1640 to appeals of the conviction or judgment Amendments
read as follows: have been exhausted or the time for
AGENCY: Defense Acquisition
appeal has expired.
PART 1640—APPLICATION OF Regulations System, Department of
FEDERAL LAW TO LSC RECIPIENTS (b) A violation of the agreement by a Defense (DoD).
recipient based on recipient conduct ACTION: Final rule.
Sec. will result in the Corporation
1640.1 Purpose. terminating the recipient’s LSC grant or SUMMARY: DoD is making technical
1640.2 Applicable Federal laws. contract without need for a termination amendments to the Defense Federal
1640.3 Contractual agreement. hearing. While an appeal of a conviction Acquisition Regulation Supplement
1640.4 Violation of agreement. (DFARS) to provide needed editorial
or judgment is pending, the Corporation
Authority: 42 U.S.C. 2996e(g). may take any necessary steps to changes.
safeguard its funds. DATES: Effective April 20, 2015.
§ 1640.1 Purpose.
(c) LSC will determine that the FOR FURTHER INFORMATION CONTACT: Mr.
The purpose of this part is to ensure recipient has violated the agreement
that recipients use their LSC funds in Manuel Quinones, Defense Acquisition
described in § 1640.3 when an employee Regulations System,
accordance with Federal law related to or board member of the recipient has
the proper use of Federal funds. This OUSD(AT&L)DPAP(DARS), Room
been convicted of, or judgment has been 3B941, 3060 Defense Pentagon,
part also provides notice to recipients of entered against the employee or board
the consequences of a violation of such Washington, DC 20301–3060.
member for, a violation of an applicable Telephone 571–372–6088; facsimile
Federal laws by a recipient, its
Federal law relating to the proper use of 571–372–6094.
employees or board members.
Federal funds with respect to the SUPPLEMENTARY INFORMATION: This final
§ 1640.2 Applicable federal laws. recipient’s grant or contract with LSC, rule amends the DFARS as follows:
by the court having jurisdiction of the 1. Directs contracting officers to
(a) LSC will maintain an exhaustive matter, and any appeals of the
list of applicable Federal laws relating additional procedures and guidance by
conviction or judgment have been adding references at—
to the proper use of Federal funds on its
exhausted or the time for appeal has • DFARS 205.205.205–71 to DFARS
Web site and provide recipients with a
expired, and the Corporation finds that Procedures, Guidance and Information
link to the list in the contractual
agreement. The list may be modified the recipient has knowingly or through (PGI) 206.302–1(d);
with the approval of the Corporation’s gross negligence allowed the employee • DFARS 206.000 to PGI 206.000;
Board of Directors at a public meeting. or board member to engage in such • DFARS 206.302–1(d) to PGI
LSC will provide recipients with notice activities. 206.302–1(d);
when the list is modified. (d) A violation of the agreement by • DFARS 206.303–2 to PGI 206.303–
(b) For the purposes of this part and the recipient based on employee or 2(b)(i);
the laws referenced in paragraph (a) of board member conduct will result in the • DFARS 206.304(a)(S–70) to PGI
this section, LSC is considered a Federal Corporation terminating the recipient’s 206.304(a)(S–70);
agency and a recipient’s LSC funds are LSC grant or contract. Prior to • DFARS 208.405–6 to PGI 208.405–
considered Federal funds provided by termination, the Corporation will 6;
grant or contract. provide notice and an opportunity to be • DFARS 210.002 to PGI
heard for the sole purpose of 210.002(e)(ii);
§ 1640.3 Contractual agreement. determining whether the recipient • DFARS 213.104 to PGI 213.104;
As a condition of receiving LSC knowingly or through gross negligence • DFARS 213.500–70 to PGI 215.371–
funds, a recipient must enter into a allowed the employee or board member 2;
written agreement with the Corporation to engage in the activities leading to the • DFARS 213.501 to PGI
that, with respect to its LSC funds, will conviction or judgment. While an 206.304(a)(S–70);
subject the recipient to the applicable appeal of a conviction or judgment or a • DFARS 215.371–2 to PGI 215.371–
Federal laws relating to the proper use hearing is pending, the Corporation may 2; and
of Federal funds. The agreement must take any necessary steps to safeguard its • DFARS 216.505(b)(2) to PGI
mstockstill on DSK4VPTVN1PROD with RULES

include a statement that all of the funds. 216.505(b)(2).
recipient’s employees and board Dated: April 15, 2015. 2. Revises paragraph structure of
members have been informed of such sections 210.002 and 215.371–2.
Stefanie K. Davis,
Federal law and of the consequences of
a violation of such law, both to the Assistant General Counsel. List of Subjects in 48 CFR Parts 205,
recipient and to themselves as [FR Doc. 2015–08974 Filed 4–17–15; 8:45 am] 206, 208, 210, 213, 215, and 216
individuals. BILLING CODE 7050–01–P Government procurement.

VerDate Sep<11>2014 16:33 Apr 17, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\20APR1.SGM 20APR1

Document Created: 2018-02-21 10:12:39
Document Modified: 2018-02-21 10:12:39

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective April 20, 2015.
Contact		Mr. Manuel Quinones, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088; facsimile 571-372-6094.
FR Citation		80 FR 21656
CFR Citation		48 CFR 205 48 CFR 206 48 CFR 208 48 CFR 210 48 CFR 213 48 CFR 215 48 CFR 216

80 FR 21656 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 80, Issue 75 (April 20, 2015)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System