80_FR_37026 80 FR 36903 - Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2014-D025)

80 FR 36903 - Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2014-D025)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36903-36905
FR Document2015-15668

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the inflation adjustment of acquisition-related dollar thresholds. A statute requires an adjustment every five years of acquisition-related thresholds for inflation using the Consumer Price Index for all urban consumers, except for the Construction Wage Rate Requirements statute (formerly Davis-Bacon Act), Service Contract Labor Standards statute, and trade agreements thresholds. DoD also used the same methodology to adjust nonstatutory DFARS acquisition-related thresholds.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36903-36905]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15668]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202, 203, 205, 207, 211, 212, 215, 217, 219, 225, 228, 
234, 236, 237, 250, and 252

RIN 0750-AI43


Defense Federal Acquisition Regulation Supplement: Inflation 
Adjustment of Acquisition-Related Thresholds (DFARS Case 2014-D025)

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

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement the inflation 
adjustment of acquisition-related dollar thresholds. A statute requires 
an adjustment every five years of acquisition-related thresholds for 
inflation using the Consumer Price Index for all urban consumers, 
except for the Construction Wage Rate Requirements statute (formerly 
Davis-Bacon Act), Service Contract Labor Standards statute, and trade 
agreements thresholds. DoD also used the same methodology to adjust 
nonstatutory DFARS acquisition-related thresholds.

DATES: Effective Date: October 1, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    This rule amends multiple DFARS parts to further implement 41 
U.S.C. 1908. Section 1908 requires an adjustment every five years (on 
October 1 of each year evenly divisible by five) of statutory 
acquisition-related thresholds for inflation, using the Consumer Price 
Index (CPI) for all urban consumers, except for the Construction Wage 
Rate Requirements statute (Davis-Bacon Act), Service Contract Labor 
Standards statute, and trade agreements thresholds (see DFARS 201.109). 
As a matter of policy, DoD also uses the same methodology to adjust 
nonstatutory FAR acquisition-related thresholds.
    DoD published a proposed rule in the Federal Register at 79 FR 
65912 on November 6, 2014. The preamble to the proposed rule contained 
detailed explanation of--
     What an acquisition-related threshold is;
     What acquisition-related thresholds are not subject to 
escalation adjustment under this case; and
     How DoD analyzes statutory and non-statutory acquisition-
related thresholds.
    No respondents submitted public comments in response to the 
proposed rule.
    Although there were no changes between the proposed rule and the 
final rule as the result of public comments, some of the thresholds in 
the final rule are lower than proposed, due to lower inflation than was 
projected at the time of publication of the proposed rule. The proposed 
rule was based on a projected CPI of 245 for March 2015. The final rule 
is based on an actual CPI of 236.119 for March 2015. The CPI as of the 
end of March, 6 months before the effective date of the rule, is used 
as the cutoff in order to allow time for approval and publication of 
the final rule.
    Because the actual CPI index for March 2015 is about 10 points 
lower than the CPI index projected for that date at the time of the 
proposed rule, thresholds of at least 10 million dollars are generally 
proportionally lower than the proposed thresholds. Thresholds of less 
than $10 million are frequently unchanged, due to rounding.
    There were some baseline changes due to other DFARS cases. For 
example, there are baseline changes to subpart 217.1, and the clauses 
at DFARS 252.203-7004 and 252.209-7004 have been amended since 
publication of the proposed rule. DFARS 232.502-1(b)(1) and the clause 
at DFARS 252.225-7006, including the associated thresholds, have been 
deleted under other DFARS cases.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    This rule amends the Defense Federal Acquisition Regulation 
Supplement to implement 41 U.S.C. 1908 and to amend other acquisition-
related dollar thresholds that are based on policy rather than statute 
in order to adjust for the changing value of the dollar. 41 U.S.C. 1908 
requires adjustment every five years of statutory acquisition-related 
dollar thresholds, except for Construction Wage Rate Requirements 
statute (Davis-Bacon Act), Service Contract Labor Standards statute, 
and trade agreements thresholds. While reviewing all statutory 
acquisition-related thresholds, this case presented an opportunity to 
also review all nonstatutory acquisition-related thresholds in the 
DFARS that are based on policy. The objective of the case is to 
maintain the status quo, by adjusting

[[Page 36904]]

acquisition-related thresholds for inflation.
    This rule will likely affect to some extent all small business 
concerns that submit offers or are awarded contracts by the Federal 
Government. However, most of the threshold changes in this rule are not 
expected to have any significant economic impact on small business 
concerns because they are intended to maintain the status quo by 
adjusting for changes in the value of the dollar. Often any impact will 
be beneficial, by preventing burdensome requirements from applying to 
more and more acquisitions, as the dollar loses value.
    The rule does not impose any new reporting, recordkeeping, or 
compliance requirements. Changes in thresholds for approved information 
collection requirements are intended to maintain the status quo and 
prevent those requirements from increasing over time.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    There are no practical alternatives that will accomplish the 
objectives of the statute.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act does apply. The changes to the DFARS do 
not impose new information collection requirements that require the 
approval of the Office of Management and Budget (OMB) under 44 U.S.C. 
3501, et seq. By adjusting the thresholds for inflation, the status quo 
for the current information collection requirements is maintained under 
the following OMB clearance numbers:

------------------------------------------------------------------------
      OMB control No.                Title               DFARS part
------------------------------------------------------------------------
0704-0187..................  Information              208, 209, 226, 235
                              Collection in
                              Support of the DOD
                              Acquisition Process
                              (Solicitation Phase).
0704-0229..................  Defense Federal                         225
                              Acquisition
                              Regulation
                              Supplement Part 225,
                              Foreign Acquisition,
                              and related clauses.
0704-0286..................  Defense FAR                             205
                              Supplement (DFARS)
                              Part 205,
                              Publicizing Contract
                              Actions, and DFARS
                              252-205-7000,
                              Provision of
                              Information to
                              Cooperative
                              Agreement Holders.
0704-0477..................  Organizational                        209.5
                              Conflicts of
                              Interest in Major
                              Defense Acquisition
                              Programs.
------------------------------------------------------------------------

    However, the rule contains one information collection requirement 
that required the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35). This information 
collection requirement has been assigned OMB Control Number 0704-0533, 
titled: ``Defense Federal Acquisition Regulation Supplement (DFARS) 
Part 249, Termination of Contracts, and a Related Clauses at DFARS 
252.249, Notification of Anticipated Contract Termination or 
Reduction.''

List of Subjects in 48 CFR Parts 202, 203, 205, 207, 211, 212, 215, 
217, 219, 225, 228, 234, 236, 237, 250, and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 202, 203, 205, 207, 211, 212, 215, 217, 
219, 225, 228, 234, 236, 237, 250, and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 202, 203, 205, 211, 212, 
215, 217, 219, 225, 234, 236, 237, and 252 continues to read as 
follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101   [Amended]

0
2. Amend section 202.101 by designating the definition of ``Simplified 
acquisition threshold'' in alphabetical order in the list of 
definitions.

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


203.1004   [Amended]

0
3. Amend section 203.1004 in paragraph (b)(2)(ii) by removing ``$5 
million'' and adding ``$5.5 million'' in its place.

PART 205--PUBLICIZING CONTRACT ACTIONS


205.303   [Amended]

0
4. Amend section 205.303 by removing ``$6.5 million'' everywhere it 
appears and adding ``$7 million'' in its place.

PART 207--ACQUISITION PLANNING

0
5. The authority citation for part 207 is revised to read as follows:

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


207.170-3   [Amended]

0
6. Amend section 207.170-3 in paragraph (a) introductory text by 
removing ``$6 million'' and adding ``$6.5 million'' in its place.

PART 211--DESCRIBING AGENCY NEEDS


211.503   [Amended]

0
7. Amend section 211.503 in paragraph (b) by removing ``$650,000'' and 
adding ``$700,000'' in its place in two places.

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.7102-1   [Amended]

0
8. Amend section 212.7102-1 in paragraph (c) by removing ``$50 
million'' and adding ``$53.5 million'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.403-1   [Amended]

0
9. Amend section 215.403-1 in paragraphs (c)(3)(B) and (c)(4)(B) by 
removing ``$15,000,000'' and adding ``$19.5 million'' in its place.

PART 217--SPECIAL CONTRACTING METHODS


217.170   [Amended]

0
10. Amend section 217.170 in paragraphs (d)(1)(iv) and (d)(5) by 
removing ``$125 million'' and adding ``$135.5 million'' in both places 
it appears.


217.171   [Amended]

0
11. Amend section 217.171 in paragraph (d) by removing ``$625.5 
million'' and adding ``$678.5 million'' in its place.


217.172   [Amended]

0
12. Amend section 217.172 in paragraphs (c), (d), (f)(1), and (f)(2) by 
removing ``$500 million'' and adding ``$678.5 million'' in its place.

[[Page 36905]]

PART 219--SMALL BUSINESS PROGRAMS


219.502-1   [Amended]

0
13. Amend section 219.502-1 in paragraph (2) by removing ``$350,000'' 
and adding ``$400,000'' in its place in both places.


  219.502-2 [Amended]

0
14. Amend section 219.502-2 in paragraph (a)(iii) by removing 
``$350,000'' and adding ``$400,000'' in its place.

PART 225--FOREIGN ACQUISITION


225.7204   [Amended]

0
15. Amend section 225.7204 in paragraphs (a) and (b) by removing 
``$12.5 million'' and adding ``$13.5 million'' in both places it 
appears.


225.7703-2   [Amended]

0
16. Amend section 225.7703-2 in paragraphs (b)(2)(i) and (ii) by 
removing ``$85.5 million'' and adding ``$93 million'' in its place in 
both places.

PART 228--BONDS AND INSURANCE

0
17. The authority citation for part 228 is revised to read as follows:

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


228.102-1   [Amended]

0
18. Amend section 228.102-1 by--
0
a. In the introductory text and paragraph (1), removing ``$30,000'' and 
adding ``$35,000'' in its place in both places; and
0
b. In paragraph (2) introductory text, removing ``$100,000'' and adding 
``$150,000'' in its place.

PART 234--MAJOR SYSTEM ACQUISITION

0
19. Revise section 234.7001 to read as follows:


234.7001   Definition.

    Major weapon system, as used in this subpart, means a weapon system 
acquired pursuant to a major defense acquisition program.

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


236.601   [Amended]

0
20. Amend section 236.601 in paragraph (1) by removing ``$1,000,000'' 
and adding ``$1.5 million'' in its place.

PART 237--SERVICE CONTRACTING


237.170-2  [Amended]

0
21. Amend section 237.170-2 in paragraphs (a)(1) and (2) by removing 
``$85.5 million'' and adding ``$93 million'' in its place in both 
places.

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

0
22. The authority citation for part 250 is revised to read as follows:

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


250.102-1  [Amended]

0
23. Amend section 250.102-1 in paragraph (b) by removing ``$65,000'' 
and adding ``$70,000'' in its place.


250.102-1-70  [Amended]

0
24. Amend section 250.102-1-70 in paragraph (b)(1) by removing 
``$65,000'' and adding ``$70,000'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.203-7004  [Amended]

0
25. Amend section 252.203-7004 by--
0
a. Removing the clause date ``(JAN 2015)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (e), removing ``$5 million'' and adding ``$5.5 
million'' in its place.


252.209-7004  [Amended]

0
26. Amend section 252.209-7004 by--
0
a. Removing the clause date ``(DEC 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (a), removing ``$30,000'' and adding ``$35,000'' in its 
place.


252.209-7009  [Amended]

0
27. Amend section 252.209-7009 by--
0
a. Removing the clause date ``(DEC 2012)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (a)(ii), removing ``$50 million'' and adding ``$55 
million'' in its place.


252.225-7003  [Amended]

0
28. Amend section 252.225-7003 by--
0
a. Removing the clause date ``(OCT 2010)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (b)(1), removing ``$12.5 million'' and adding ``$13.5 
million'' in its place; and
0
c. In paragraph (b)(2)(i), removing ``$650,000'' and adding 
``$700,000'' in its place.


252.225-7004  [Amended]

0
29. Amend section 252.225-7004 by--
0
a. Removing the clause date ``(OCT 2010)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (b)(1), removing ``$650,000'' and adding ``$700,000'' 
in its place.


252.225-7017  [Amended]

0
30. Amend section 252.225-7017 by--
0
a. Removing the clause date ``(JAN 2014)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (c)(1), removing ``$3,000'' and adding ``$3,500'' in 
its place.


252.225-7018  [Amended]

0
31. Amend section 252.225-7018 by--
0
a. Removing the clause date ``(JAN 2014)'' and adding ``(OCT 2015)'' in 
its place;
0
b. In paragraph (b)(1), removing ``$3,000'' and adding ``$3,500'' in 
its place; and
0
c. In paragraphs (d)(1) and (2), removing ``$3,000'' and adding 
``$3,500'' in its place in both places.


252.249-7002  [Amended]

0
32. Amend section 252.249-7002 by--
0
a. Removing the clause date ``(OCT 2010)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. In paragraph (d)(1), removing ``$650,000'' and adding ``$700,000'' 
in its place.

[FR Doc. 2015-15668 Filed 6-25-15; 8:45 am]
 BILLING CODE 5001-06-P



                                                                  Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations                                         36903

                                             225.7402, 225.7402–1, 225.7402–2,                       (DFARS) to implement the inflation                       Because the actual CPI index for
                                             225.7402–3, 225.7402–4, 225.7402–5,                     adjustment of acquisition-related dollar               March 2015 is about 10 points lower
                                             225.7403, 225.7403–1, 225.7403–2,                       thresholds. A statute requires an                      than the CPI index projected for that
                                             225.7404, and 225.7405.                                 adjustment every five years of                         date at the time of the proposed rule,
                                                                                                     acquisition-related thresholds for                     thresholds of at least 10 million dollars
                                             PART 242—CONTRACT                                       inflation using the Consumer Price                     are generally proportionally lower than
                                             ADMINISTRATION AND AUDIT                                Index for all urban consumers, except                  the proposed thresholds. Thresholds of
                                             SERVICES                                                for the Construction Wage Rate                         less than $10 million are frequently
                                                                                                     Requirements statute (formerly Davis-                  unchanged, due to rounding.
                                             242.302    [Amended]
                                                                                                     Bacon Act), Service Contract Labor                       There were some baseline changes
                                             ■ 11. Amend section 242.302 in                          Standards statute, and trade agreements                due to other DFARS cases. For example,
                                             paragraph (S–72) by removing ‘‘PGI                      thresholds. DoD also used the same                     there are baseline changes to subpart
                                             225.7402–5(a)(iv)’’ and adding ‘‘PGI                    methodology to adjust nonstatutory                     217.1, and the clauses at DFARS
                                             207.105(b)(20)(C)(9)’’ in its place.                    DFARS acquisition-related thresholds.                  252.203–7004 and 252.209–7004 have
                                                                                                     DATES: Effective Date: October 1, 2015.                been amended since publication of the
                                             PART 252—SOLICITATION                                                                                          proposed rule. DFARS 232.502–1(b)(1)
                                             PROVISIONS AND CONTRACT                                 FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                            and the clause at DFARS 252.225–7006,
                                             CLAUSES                                                 Amy G. Williams, telephone 571–372–
                                                                                                                                                            including the associated thresholds,
                                                                                                     6106.                                                  have been deleted under other DFARS
                                             252.225–7040      [Amended]
                                                                                                     SUPPLEMENTARY INFORMATION:                             cases.
                                             ■  12. Amend section 252.225–7040 by—
                                             ■  a. In the introductory text, removing                I. Background                                          II. Executive Orders 12866 and 13563
                                             ‘‘225.7402–5(a)’’ and adding ‘‘225.371–                    This rule amends multiple DFARS                        Executive Orders (E.O.s) 12866 and
                                             5(a)’’ in its place;                                    parts to further implement 41 U.S.C.                   13563 direct agencies to assess all costs
                                             ■ b. Removing the clause date ‘‘(JAN                    1908. Section 1908 requires an                         and benefits of available regulatory
                                             2015)’’ and adding ‘‘(JUN 2015)’’ in its                adjustment every five years (on October                alternatives and, if regulation is
                                             place; and                                              1 of each year evenly divisible by five)               necessary, to select regulatory
                                             ■ c. In paragraph (b)(4), removing                      of statutory acquisition-related                       approaches that maximize net benefits
                                             ‘‘authorized to accompany’’ and adding                  thresholds for inflation, using the                    (including potential economic,
                                             ‘‘supporting’’ in its place.                            Consumer Price Index (CPI) for all urban               environmental, public health and safety
                                                                                                     consumers, except for the Construction                 effects, distributive impacts, and
                                             252.225–7043      [Amended]                             Wage Rate Requirements statute (Davis-                 equity). E.O. 13563 emphasizes the
                                             ■  13. Amend section 252.225–7043 by—                   Bacon Act), Service Contract Labor                     importance of quantifying both costs
                                             ■  a. In the introductory text, removing                Standards statute, and trade agreements                and benefits, of reducing costs, of
                                             ‘‘225.7403–2’’ and adding ‘‘225.372–2’’                 thresholds (see DFARS 201.109). As a                   harmonizing rules, and of promoting
                                             in its place;                                           matter of policy, DoD also uses the same               flexibility. This is not a significant
                                             ■ b. Removing the clause date ‘‘(MAR                    methodology to adjust nonstatutory FAR                 regulatory action and, therefore, was not
                                             2006)’’ and adding ‘‘(JUN 2015)’’ in its                acquisition-related thresholds.                        subject to review under section 6(b) of
                                             place; and                                                 DoD published a proposed rule in the                E.O. 12866, Regulatory Planning and
                                             ■ c. In paragraph (d), removing ‘‘PGI                   Federal Register at 79 FR 65912 on                     Review, dated September 30, 1993. This
                                             225.7403–1’’ and adding ‘‘PGI 225.372–                  November 6, 2014. The preamble to the                  rule is not a major rule under 5 U.S.C.
                                             1’’ in its place.                                       proposed rule contained detailed                       804.
                                             [FR Doc. 2015–15667 Filed 6–25–15; 8:45 am]             explanation of—
                                                                                                        • What an acquisition-related                       III. Regulatory Flexibility Act
                                             BILLING CODE 5001–06–P
                                                                                                     threshold is;                                             A final regulatory flexibility analysis
                                                                                                        • What acquisition-related thresholds               has been prepared consistent with the
                                             DEPARTMENT OF DEFENSE                                   are not subject to escalation adjustment               Regulatory Flexibility Act, 5 U.S.C. 601,
                                                                                                     under this case; and                                   et seq., and is summarized as follows:
                                             Defense Acquisition Regulations                            • How DoD analyzes statutory and                       This rule amends the Defense Federal
                                             System                                                  non-statutory acquisition-related                      Acquisition Regulation Supplement to
                                                                                                     thresholds.                                            implement 41 U.S.C. 1908 and to amend
                                             48 CFR Parts 202, 203, 205, 207, 211,                      No respondents submitted public                     other acquisition-related dollar
                                             212, 215, 217, 219, 225, 228, 234, 236,                 comments in response to the proposed                   thresholds that are based on policy
                                             237, 250, and 252                                       rule.                                                  rather than statute in order to adjust for
                                                                                                        Although there were no changes                      the changing value of the dollar. 41
                                             RIN 0750–AI43                                           between the proposed rule and the final                U.S.C. 1908 requires adjustment every
                                                                                                     rule as the result of public comments,                 five years of statutory acquisition-
                                             Defense Federal Acquisition
                                                                                                     some of the thresholds in the final rule               related dollar thresholds, except for
                                             Regulation Supplement: Inflation
                                                                                                     are lower than proposed, due to lower                  Construction Wage Rate Requirements
                                             Adjustment of Acquisition-Related
                                                                                                     inflation than was projected at the time               statute (Davis-Bacon Act), Service
                                             Thresholds (DFARS Case 2014–D025)
                                                                                                     of publication of the proposed rule. The               Contract Labor Standards statute, and
                                             AGENCY:  Defense Acquisition                            proposed rule was based on a projected                 trade agreements thresholds. While
                                             Regulations System, Department of                       CPI of 245 for March 2015. The final                   reviewing all statutory acquisition-
tkelley on DSK3SPTVN1PROD with RULES2




                                             Defense (DoD).                                          rule is based on an actual CPI of 236.119              related thresholds, this case presented
                                             ACTION: Final rule.                                     for March 2015. The CPI as of the end                  an opportunity to also review all
                                                                                                     of March, 6 months before the effective                nonstatutory acquisition-related
                                             SUMMARY:  DoD is issuing a final rule                   date of the rule, is used as the cutoff in             thresholds in the DFARS that are based
                                             amending the Defense Federal                            order to allow time for approval and                   on policy. The objective of the case is
                                             Acquisition Regulation Supplement                       publication of the final rule.                         to maintain the status quo, by adjusting


                                        VerDate Sep<11>2014   18:41 Jun 25, 2015   Jkt 235001   PO 00000   Frm 00007   Fmt 4701   Sfmt 4700   E:\FR\FM\26JNR2.SGM   26JNR2


                                             36904                 Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations

                                             acquisition-related thresholds for                       requirements from applying to more and                  IV. Paperwork Reduction Act
                                             inflation.                                               more acquisitions, as the dollar loses
                                                                                                      value.                                                    The Paperwork Reduction Act does
                                               This rule will likely affect to some                                                                           apply. The changes to the DFARS do not
                                                                                                        The rule does not impose any new
                                             extent all small business concerns that                                                                          impose new information collection
                                                                                                      reporting, recordkeeping, or compliance
                                             submit offers or are awarded contracts                   requirements. Changes in thresholds for                 requirements that require the approval
                                             by the Federal Government. However,                      approved information collection                         of the Office of Management and Budget
                                             most of the threshold changes in this                    requirements are intended to maintain                   (OMB) under 44 U.S.C. 3501, et seq. By
                                             rule are not expected to have any                        the status quo and prevent those                        adjusting the thresholds for inflation,
                                             significant economic impact on small                     requirements from increasing over time.                 the status quo for the current
                                             business concerns because they are                         The rule does not duplicate, overlap,                 information collection requirements is
                                             intended to maintain the status quo by                   or conflict with any other Federal rules.               maintained under the following OMB
                                             adjusting for changes in the value of the                  There are no practical alternatives                   clearance numbers:
                                             dollar. Often any impact will be                         that will accomplish the objectives of
                                             beneficial, by preventing burdensome                     the statute.

                                                 OMB control No.                                                              Title                                                         DFARS part

                                             0704–0187 .................   Information Collection in Support of the DOD Acquisition Process (Solicitation Phase) ...............           208, 209, 226, 235
                                             0704–0229 .................   Defense Federal Acquisition Regulation Supplement Part 225, Foreign Acquisition, and related                                   225
                                                                              clauses.
                                             0704–0286 .................   Defense FAR Supplement (DFARS) Part 205, Publicizing Contract Actions, and DFARS 252–                                         205
                                                                              205–7000, Provision of Information to Cooperative Agreement Holders.
                                             0704–0477 .................   Organizational Conflicts of Interest in Major Defense Acquisition Programs .................................                209.5



                                                However, the rule contains one                        PART 203—IMPROPER BUSINESS                              PART 212—ACQUISITION OF
                                             information collection requirement that                  PRACTICES AND PERSONAL                                  COMMERCIAL ITEMS
                                             required the approval of the Office of                   CONFLICTS OF INTEREST
                                             Management and Budget under the                                                                                  212.7102–1       [Amended]
                                             Paperwork Reduction Act (44 U.S.C.                       203.1004     [Amended]
                                                                                                                                                              ■  8. Amend section 212.7102–1 in
                                             chapter 35). This information collection
                                             requirement has been assigned OMB                        ■  3. Amend section 203.1004 in                         paragraph (c) by removing ‘‘$50
                                             Control Number 0704–0533, titled:                        paragraph (b)(2)(ii) by removing ‘‘$5                   million’’ and adding ‘‘$53.5 million’’ in
                                             ‘‘Defense Federal Acquisition                            million’’ and adding ‘‘$5.5 million’’ in                its place.
                                             Regulation Supplement (DFARS) Part                       its place.
                                                                                                                                                              PART 215—CONTRACTING BY
                                             249, Termination of Contracts, and a
                                             Related Clauses at DFARS 252.249,                        PART 205—PUBLICIZING CONTRACT                           NEGOTIATION
                                             Notification of Anticipated Contract                     ACTIONS
                                                                                                                                                              215.403–1     [Amended]
                                             Termination or Reduction.’’                              205.303    [Amended]
                                                                                                                                                              ■  9. Amend section 215.403–1 in
                                             List of Subjects in 48 CFR Parts 202,
                                                                                                      ■ 4. Amend section 205.303 by                           paragraphs (c)(3)(B) and (c)(4)(B) by
                                             203, 205, 207, 211, 212, 215, 217, 219,
                                             225, 228, 234, 236, 237, 250, and 252                    removing ‘‘$6.5 million’’ everywhere it                 removing ‘‘$15,000,000’’ and adding
                                                                                                      appears and adding ‘‘$7 million’’ in its                ‘‘$19.5 million’’ in its place.
                                                 Government procurement.                              place.
                                                                                                                                                              PART 217—SPECIAL CONTRACTING
                                             Amy G. Williams,
                                                                                                      PART 207—ACQUISITION PLANNING                           METHODS
                                             Editor, Defense Acquisition Regulations
                                             System.                                                                                                          217.170    [Amended]
                                                                                                      ■  5. The authority citation for part 207
                                               Therefore, 48 CFR parts 202, 203, 205,                 is revised to read as follows:
                                             207, 211, 212, 215, 217, 219, 225, 228,                                                                          ■  10. Amend section 217.170 in
                                             234, 236, 237, 250, and 252 are                            Authority: 41 U.S.C. 1303 and 48 CFR                  paragraphs (d)(1)(iv) and (d)(5) by
                                             amended as follows:                                      chapter 1.                                              removing ‘‘$125 million’’ and adding
                                                                                                                                                              ‘‘$135.5 million’’ in both places it
                                             ■ 1. The authority citation for 48 CFR                   207.170–3     [Amended]
                                             parts 202, 203, 205, 211, 212, 215, 217,                                                                         appears.
                                             219, 225, 234, 236, 237, and 252                         ■  6. Amend section 207.170–3 in                        217.171    [Amended]
                                             continues to read as follows:                            paragraph (a) introductory text by
                                               Authority: 41 U.S.C. 1303 and 48 CFR                   removing ‘‘$6 million’’ and adding                      ■ 11. Amend section 217.171 in
                                             chapter 1.                                               ‘‘$6.5 million’’ in its place.                          paragraph (d) by removing ‘‘$625.5
                                                                                                                                                              million’’ and adding ‘‘$678.5 million’’
                                             PART 202—DEFINITIONS OF WORDS                            PART 211—DESCRIBING AGENCY                              in its place.
                                             AND TERMS                                                NEEDS
                                                                                                                                                              217.172    [Amended]
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                                             202.101     [Amended]                                    211.503    [Amended]
                                                                                                                                                              ■  12. Amend section 217.172 in
                                             ■  2. Amend section 202.101 by                           ■ 7. Amend section 211.503 in                           paragraphs (c), (d), (f)(1), and (f)(2) by
                                             designating the definition of                            paragraph (b) by removing ‘‘$650,000’’                  removing ‘‘$500 million’’ and adding
                                             ‘‘Simplified acquisition threshold’’ in                  and adding ‘‘$700,000’’ in its place in
                                             alphabetical order in the list of                                                                                ‘‘$678.5 million’’ in its place.
                                                                                                      two places.
                                             definitions.


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                                                                   Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations                                               36905

                                             PART 219—SMALL BUSINESS                                  PART 236—CONSTRUCTION AND                              ■  a. Removing the clause date ‘‘(DEC
                                             PROGRAMS                                                 ARCHITECT-ENGINEER CONTRACTS                           2012)’’ and adding ‘‘(OCT 2015)’’ in its
                                                                                                                                                             place; and
                                             219.502–1    [Amended]                                   236.601    [Amended]                                   ■ b. In paragraph (a)(ii), removing ‘‘$50

                                             ■ 13. Amend section 219.502–1 in                         ■ 20. Amend section 236.601 in                         million’’ and adding ‘‘$55 million’’ in
                                             paragraph (2) by removing ‘‘$350,000’’                   paragraph (1) by removing ‘‘$1,000,000’’               its place.
                                             and adding ‘‘$400,000’’ in its place in                  and adding ‘‘$1.5 million’’ in its place.              252.225–7003     [Amended]
                                             both places.
                                                                                                      PART 237—SERVICE CONTRACTING                           ■  28. Amend section 252.225–7003 by—
                                                 219.502–2 [Amended]                                                                                         ■  a. Removing the clause date ‘‘(OCT
                                                                                                      237.170–2     [Amended]                                2010)’’ and adding ‘‘(OCT 2015)’’ in its
                                             ■  14. Amend section 219.502–2 in                        ■  21. Amend section 237.170–2 in                      place;
                                             paragraph (a)(iii) by removing                           paragraphs (a)(1) and (2) by removing                  ■ b. In paragraph (b)(1), removing
                                             ‘‘$350,000’’ and adding ‘‘$400,000’’ in                  ‘‘$85.5 million’’ and adding ‘‘$93                     ‘‘$12.5 million’’ and adding ‘‘$13.5
                                             its place.                                               million’’ in its place in both places.                 million’’ in its place; and
                                                                                                                                                             ■ c. In paragraph (b)(2)(i), removing
                                             PART 225—FOREIGN ACQUISITION                             PART 250—EXTRAORDINARY                                 ‘‘$650,000’’ and adding ‘‘$700,000’’ in
                                             225.7204    [Amended]                                    CONTRACTUAL ACTIONS AND THE                            its place.
                                                                                                      SAFETY ACT
                                             ■  15. Amend section 225.7204 in                                                                                252.225–7004     [Amended]
                                             paragraphs (a) and (b) by removing                       ■  22. The authority citation for part 250             ■  29. Amend section 252.225–7004 by—
                                             ‘‘$12.5 million’’ and adding ‘‘$13.5                     is revised to read as follows:                         ■  a. Removing the clause date ‘‘(OCT
                                             million’’ in both places it appears.                       Authority: 41 U.S.C. 1303 and 48 CFR                 2010)’’ and adding ‘‘(OCT 2015)’’ in its
                                                                                                      chapter 1.                                             place; and
                                             225.7703–2       [Amended]
                                                                                                                                                             ■ b. In paragraph (b)(1), removing
                                                                                                      250.102–1     [Amended]                                ‘‘$650,000’’ and adding ‘‘$700,000’’ in
                                             ■  16. Amend section 225.7703–2 in
                                             paragraphs (b)(2)(i) and (ii) by removing                ■ 23. Amend section 250.102–1 in                       its place.
                                             ‘‘$85.5 million’’ and adding ‘‘$93                       paragraph (b) by removing ‘‘$65,000’’
                                                                                                      and adding ‘‘$70,000’’ in its place.                   252.225–7017     [Amended]
                                             million’’ in its place in both places.
                                                                                                                                                             ■  30. Amend section 252.225–7017 by—
                                                                                                      250.102–1–70       [Amended]
                                             PART 228—BONDS AND INSURANCE                                                                                    ■  a. Removing the clause date ‘‘(JAN
                                                                                                      ■ 24. Amend section 250.102–1–70 in                    2014)’’ and adding ‘‘(OCT 2015)’’ in its
                                             ■  17. The authority citation for part 228               paragraph (b)(1) by removing ‘‘$65,000’’               place; and
                                             is revised to read as follows:                           and adding ‘‘$70,000’’ in its place.                   ■ b. In paragraph (c)(1), removing
                                                                                                                                                             ‘‘$3,000’’ and adding ‘‘$3,500’’ in its
                                               Authority: 41 U.S.C. 1303 and 48 CFR                   PART 252—SOLICITATION                                  place.
                                             chapter 1.                                               PROVISIONS AND CONTRACT
                                                                                                      CLAUSES                                                252.225–7018     [Amended]
                                             228.102–1    [Amended]
                                                                                                      252.203–7004       [Amended]                           ■  31. Amend section 252.225–7018 by—
                                             ■  18. Amend section 228.102–1 by—                                                                              ■  a. Removing the clause date ‘‘(JAN
                                             ■ a. In the introductory text and                        ■  25. Amend section 252.203–7004 by—                  2014)’’ and adding ‘‘(OCT 2015)’’ in its
                                             paragraph (1), removing ‘‘$30,000’’ and                  ■ a. Removing the clause date ‘‘(JAN                   place;
                                             adding ‘‘$35,000’’ in its place in both                  2015)’’ and adding ‘‘(OCT 2015)’’ in its               ■ b. In paragraph (b)(1), removing
                                             places; and                                              place; and                                             ‘‘$3,000’’ and adding ‘‘$3,500’’ in its
                                             ■ b. In paragraph (2) introductory text,                 ■ b. In paragraph (e), removing ‘‘$5                   place; and
                                             removing ‘‘$100,000’’ and adding                         million’’ and adding ‘‘$5.5 million’’ in               ■ c. In paragraphs (d)(1) and (2),
                                             ‘‘$150,000’’ in its place.                               its place.                                             removing ‘‘$3,000’’ and adding ‘‘$3,500’’
                                                                                                                                                             in its place in both places.
                                                                                                      252.209–7004       [Amended]
                                             PART 234—MAJOR SYSTEM
                                                                                                                                                             252.249–7002     [Amended]
                                             ACQUISITION                                              ■  26. Amend section 252.209–7004 by—
                                                                                                      ■  a. Removing the clause date ‘‘(DEC                  ■  32. Amend section 252.249–7002 by—
                                             ■ 19. Revise section 234.7001 to read as                 2014)’’ and adding ‘‘(OCT 2015)’’ in its               ■  a. Removing the clause date ‘‘(OCT
                                             follows:                                                 place; and                                             2010)’’ and adding ‘‘(OCT 2015)’’ in its
                                                                                                      ■ b. In paragraph (a), removing                        place; and
                                             234.7001    Definition.                                                                                         ■ b. In paragraph (d)(1), removing
                                                                                                      ‘‘$30,000’’ and adding ‘‘$35,000’’ in its
                                               Major weapon system, as used in this                   place.                                                 ‘‘$650,000’’ and adding ‘‘$700,000’’ in
                                             subpart, means a weapon system                                                                                  its place.
                                                                                                      252.209–7009       [Amended]
                                             acquired pursuant to a major defense                                                                            [FR Doc. 2015–15668 Filed 6–25–15; 8:45 am]
                                             acquisition program.                                     ■   27. Amend section 252.209–7009 by—                 BILLING CODE 5001–06–P
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Document Created: 2015-12-15 14:15:30
Document Modified: 2015-12-15 14:15:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
ContactMs. Amy G. Williams, telephone 571- 372-6106.
FR Citation80 FR 36903 
RIN Number0750-AI43
CFR Citation48 CFR 202
48 CFR 203
48 CFR 205
48 CFR 207
48 CFR 211
48 CFR 212
48 CFR 215
48 CFR 217
48 CFR 219
48 CFR 225
48 CFR 228
48 CFR 234
48 CFR 236
48 CFR 237
48 CFR 250
48 CFR 252

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