80 FR 38311 - Federal Acquisition Regulation; Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 127 (July 2, 2015)

Page Range		38311-38312
FR Document		2015-16216

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the Carl Levin and Howard P. `Buck' McKeon National Defense Authorization Act (NDAA) for Fiscal Year 2015 that makes permanent the authority to issue solicitations using special simplified procedures for acquisition of certain commercial items.

Federal Register, Volume 80 Issue 127 (Thursday, July 2, 2015)

[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38311-38312]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-16216]



[[Page 38311]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 12, 13, and 18

[FAC 2005-83; FAR Case 2015-010; Item VI; Docket No. 2015-0010; 
Sequence No. 1]
RIN 9000-AN06


Federal Acquisition Regulation; Permanent Authority for Use of 
Simplified Acquisition Procedures for Certain Commercial Items

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the Carl 
Levin and Howard P. `Buck' McKeon National Defense Authorization Act 
(NDAA) for Fiscal Year 2015 that makes permanent the authority to issue 
solicitations using special simplified procedures for acquisition of 
certain commercial items.

DATES: Effective: August 3, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at 202-208-4949 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-83, FAR Case 2015-
010.

SUPPLEMENTARY INFORMATION:

I. Background

    This is a final rule to amend FAR subparts 13.5 and 18.2 to 
implement section 815 of the NDAA for Fiscal Year 2015 (Pub. L. 113-
291). Section 815 amends section 4202(e) of the Clinger-Cohen Act of 
1996 (Divisions D and E of Pub. L. 104-106; 10 U.S.C. 2304 note) to 
make permanent the test program for special simplified procedures for 
purchases of commercial items greater than the simplified acquisition 
threshold, but not exceeding $6.5 million ($12 million for certain 
acquisitions). Conforming changes are made in parts 12, 13, and 18.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure, or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment 
because it makes permanent a statutory authority that currently exists 
within the FAR.

III. 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.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require 
publication for public comment.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 12, 13, and 18

    Government procurement.

    Dated: June 18, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 12, 13, and 18 as 
set forth below:

0
1. The authority citation for 48 CFR parts 12, 13, and 18 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 12--ACQUISITION OF COMMERCIAL ITEMS

0
2. Amend section 12.203 by revising the third sentence to read as 
follows:

    12.203 Procedures for solicitation, evaluation, and award.
    * * * For acquisitions of commercial items exceeding the simplified 
acquisition threshold but not exceeding $6.5 million ($12 million for 
acquisitions as described in 13.500(c)), including options, contracting 
activities may use any of the simplified procedures authorized by 
subpart 13.5.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.000  [Amended]

0
3. Amend section 13.000 by removing from the second sentence 
``13.500(e))'' and adding ``13.500(c))'' in its place.


13.003  [Amended]

0
4. Amend section 13.003 by removing from paragraphs (c)(1)(ii) and 
(g)(2) ``13.500(e))'' and adding ``13.500(c))'' in its place.


13.303-5  [Amended]

0
5. Amend section 13.303-5 by removing from paragraph (b)(2) 
``13.500(e))'' and adding ``13.500(c))'' in its place.

Subpart 13.5--Simplified Procedures for Certain Commercial Items

0
6. Revise the subpart 13.5 heading to read as set forth above.
0
7. Revise section 13.500 to read as follows:


13.500  General.

    (a) This subpart authorizes the use of simplified procedures for 
the acquisition of supplies and services in amounts greater than the 
simplified acquisition threshold but not exceeding $6.5 million ($12 
million for acquisitions as described in 13.500(c)), including options, 
if the contracting officer reasonably expects, based on the nature of 
the supplies or services sought, and on market research, that

[[Page 38312]]

offers will include only commercial items. Contracting officers may use 
any simplified acquisition procedure in this part, subject to any 
specific dollar limitation applicable to the particular procedure. The 
purpose of these simplified procedures is to vest contracting officers 
with additional procedural discretion and flexibility, so that 
commercial item acquisitions in this dollar range may be solicited, 
offered, evaluated, and awarded in a simplified manner that maximizes 
efficiency and economy and minimizes burden and administrative costs 
for both the Government and industry (10 U.S.C. 2304(g) and 2305 and 41 
U.S.C. 3305, 3306, and chapter 37, Awarding of Contracts.
    (b) When acquiring commercial items using the procedures in this 
part, the requirements of part 12 apply subject to the order of 
precedence provided at 12.102(c). This includes use of the provisions 
and clauses in subpart 12.3.
    (c) Under 41 U.S.C. 1903, the simplified acquisition procedures 
authorized in this subpart may be used for acquisitions that do not 
exceed $12 million when--
    (1) The acquisition is for commercial items that, as determined by 
the head of the agency, are to be used in support of a contingency 
operation or to facilitate the defense against or recovery from 
nuclear, biological, chemical, or radiological attack; or
    (2) The acquisition will be treated as an acquisition of commercial 
items in accordance with 12.102(f)(1).


13.501  [Amended]

0
8. Amend section 13.501 by--
0
a. Removing from paragraph (a)(1)(ii) ``an acquisition under the 
authority of the test program for commercial items at'' and adding 
``that the procedures in FAR subpart 13.5 were used in accordance 
with'' in its place; and
0
b. Removing from paragraph (b)(1) the word ``test''.

PART 18--EMERGENCY ACQUISITIONS

0
9. Amend section 18.201 by revising paragraph (e) to read as follows:


18.201  Contingency operation.

* * * * *
    (e) Simplified procedures for certain commercial items. The 
threshold limits authorized for use of this authority may be increased 
for acquisitions to support a contingency operation. (See 13.500(c)).

0
8. Amend section 18.202 by--
0
a. Removing from paragraph (c) ``13.500(e))'' and adding ``13.500(c))'' 
in its place; and
0
b. Revising paragraph (d).
    The revision reads as follows:


18.202  Defense or recovery from certain attacks.

* * * * *
    (d) Simplified procedures for certain commercial items. The 
threshold limits authorized for use of this authority may be increased 
when it is determined the acquisition is to facilitate defense against 
or recovery from nuclear, biological, chemical, or radiological attack. 
(See 13.500(c)).

[FR Doc. 2015-16216 Filed 7-1-15; 8:45 am]
 BILLING CODE 6820-EP-P

Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations 38311

DEPARTMENT OF DEFENSE statute which applies to the publication Dated: June 18, 2015.
of the Federal Acquisition Regulation. William Clark,
GENERAL SERVICES Paragraph (a)(1) of the statute requires Director, Office of Government-wide
ADMINISTRATION that a procurement policy, regulation, Acquisition Policy, Office of Acquisition
procedure, or form (including an Policy, Office of Government-wide Policy.
NATIONAL AERONAUTICS AND amendment or modification thereof) Therefore, DoD, GSA, and NASA
SPACE ADMINISTRATION must be published for public comment amend 48 CFR parts 12, 13, and 18 as
if it relates to the expenditure of set forth below:
48 CFR Parts 12, 13, and 18 appropriated funds, and has either a ■ 1. The authority citation for 48 CFR
[FAC 2005–83; FAR Case 2015–010; Item significant effect beyond the internal parts 12, 13, and 18 continues to read
VI; Docket No. 2015–0010; Sequence No. operating procedures of the agency as follows:
1] issuing the policy, regulation, Authority: 40 U.S.C. 121(c); 10 U.S.C.
RIN 9000–AN06 procedure, or form, or has a significant chapter 137; and 51 U.S.C. 20113.
cost or administrative impact on
Federal Acquisition Regulation; contractors or offerors. This final rule is PART 12—ACQUISITION OF
Permanent Authority for Use of not required to be published for public COMMERCIAL ITEMS
Simplified Acquisition Procedures for comment because it makes permanent a
Certain Commercial Items ■ 2. Amend section 12.203 by revising
statutory authority that currently exists the third sentence to read as follows:
AGENCY: Department of Defense (DoD), within the FAR. 12.203 Procedures for solicitation,
General Services Administration (GSA), III. Executive Orders 12866 and 13563 evaluation, and award.
and National Aeronautics and Space * * * For acquisitions of commercial
Administration (NASA). Executive Orders (E.O.s) 12866 and items exceeding the simplified
ACTION: Final rule. 13563 direct agencies to assess all costs acquisition threshold but not exceeding
and benefits of available regulatory $6.5 million ($12 million for
SUMMARY: DoD, GSA, and NASA are alternatives and, if regulation is acquisitions as described in 13.500(c)),
issuing a final rule amending the necessary, to select regulatory including options, contracting activities
Federal Acquisition Regulation (FAR) to approaches that maximize net benefits may use any of the simplified
implement a section of the Carl Levin (including potential economic, procedures authorized by subpart 13.5.
and Howard P. ‘Buck’ McKeon National
environmental, public health and safety
Defense Authorization Act (NDAA) for PART 13—SIMPLIFIED ACQUISITION
effects, distributive impacts, and
Fiscal Year 2015 that makes permanent PROCEDURES
equity). E.O. 13563 emphasizes the
the authority to issue solicitations using
special simplified procedures for importance of quantifying both costs 13.000 [Amended]
acquisition of certain commercial items. and benefits, of reducing costs, of ■ 3. Amend section 13.000 by removing
harmonizing rules, and of promoting from the second sentence ‘‘13.500(e))’’
DATES: Effective: August 3, 2015.
flexibility. This is not a significant and adding ‘‘13.500(c))’’ in its place.
FOR FURTHER INFORMATION CONTACT: Mr. regulatory action and, therefore, was not
Michael O. Jackson, Procurement subject to review under Section 6(b) of 13.003 [Amended]
Analyst, at 202–208–4949 for E.O. 12866, Regulatory Planning and ■ 4. Amend section 13.003 by removing
clarification of content. For information from paragraphs (c)(1)(ii) and (g)(2)
Review, dated September 30, 1993. This
pertaining to status or publication ‘‘13.500(e))’’ and adding ‘‘13.500(c))’’ in
rule is not a major rule under 5 U.S.C.
schedules, contact the Regulatory its place.
Secretariat at 202–501–4755. Please cite 804.
FAC 2005–83, FAR Case 2015–010. 13.303–5 [Amended]
IV. Regulatory Flexibility Act
SUPPLEMENTARY INFORMATION: ■ 5. Amend section 13.303–5 by
The Regulatory Flexibility Act does removing from paragraph (b)(2)
I. Background not apply to this rule because this final ‘‘13.500(e))’’ and adding ‘‘13.500(c))’’ in
This is a final rule to amend FAR rule does not constitute a significant its place.
subparts 13.5 and 18.2 to implement FAR revision within the meaning of
section 815 of the NDAA for Fiscal Year FAR 1.501–1 and 41 U.S.C. 1707 does Subpart 13.5—Simplified Procedures
2015 (Pub. L. 113–291). Section 815 not require publication for public for Certain Commercial Items
amends section 4202(e) of the Clinger- comment. ■ 6. Revise the subpart 13.5 heading to
Cohen Act of 1996 (Divisions D and E read as set forth above.
of Pub. L. 104–106; 10 U.S.C. 2304 note) V. Paperwork Reduction Act
■ 7. Revise section 13.500 to read as
to make permanent the test program for The rule does not contain any follows:
special simplified procedures for information collection requirements that
purchases of commercial items greater 13.500 General.
require the approval of the Office of
than the simplified acquisition (a) This subpart authorizes the use of
Management and Budget under the simplified procedures for the
threshold, but not exceeding $6.5
Paperwork Reduction Act (44 U.S.C. acquisition of supplies and services in
million ($12 million for certain
chapter 35).
asabaliauskas on DSK5VPTVN1PROD with RULES

acquisitions). Conforming changes are amounts greater than the simplified
made in parts 12, 13, and 18. List of Subjects in 48 CFR Parts 12, 13, acquisition threshold but not exceeding
and 18 $6.5 million ($12 million for
II. Publication of This Final Rule for acquisitions as described in 13.500(c)),
Public Comment Is Not Required by Government procurement. including options, if the contracting
Statute officer reasonably expects, based on the
‘‘Publication of proposed nature of the supplies or services
regulations’’, 41 U.S.C. 1707, is the sought, and on market research, that

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38312 Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations

offers will include only commercial The revision reads as follows: ■ 1. The authority citation for 48 CFR
items. Contracting officers may use any parts 15 and 52 continues to read as
simplified acquisition procedure in this 18.202 Defense or recovery from certain follow:
attacks.
part, subject to any specific dollar Authority: 40 U.S.C. 121(c); 10 U.S.C.
limitation applicable to the particular * * * * *
chapter 137; and 51 U.S.C. 20113.
procedure. The purpose of these (d) Simplified procedures for certain
simplified procedures is to vest commercial items. The threshold limits PART 15–CONTRACTING BY
contracting officers with additional authorized for use of this authority may NEGOTIATION
procedural discretion and flexibility, so be increased when it is determined the
that commercial item acquisitions in acquisition is to facilitate defense 15.404–2 [Amended]
this dollar range may be solicited, against or recovery from nuclear, ■ 2. Amend section 15.404–2 by
offered, evaluated, and awarded in a biological, chemical, or radiological removing from paragraph (b)(2) ‘‘(see
simplified manner that maximizes attack. (See 13.500(c)). 4.807(f))’’ and adding ‘‘(see
efficiency and economy and minimizes [FR Doc. 2015–16216 Filed 7–1–15; 8:45 am] 4.803(a)(19))’’ in its place.
burden and administrative costs for both BILLING CODE 6820–EP–P
the Government and industry (10 U.S.C. PART 52—SOLICITATION PROVISIONS
2304(g) and 2305 and 41 U.S.C. 3305, AND CONTRACT CLAUSES
3306, and chapter 37, Awarding of DEPARTMENT OF DEFENSE
Contracts. ■ 3. Amend section 52.204–16 by—
(b) When acquiring commercial items GENERAL SERVICES ■ a. Revising the date of the provision;
using the procedures in this part, the ADMINISTRATION and
requirements of part 12 apply subject to ■ b. Removing from paragraph (c)(3)
the order of precedence provided at NATIONAL AERONAUTICS AND ‘‘http://www.dlis.dla.mil/Forms/Form_
12.102(c). This includes use of the SPACE ADMINISTRATION AC135.asp’’ and adding ‘‘http://
provisions and clauses in subpart 12.3. www.dlis.dla.mil/nato/
(c) Under 41 U.S.C. 1903, the 48 CFR Parts 15 and 52 ObtainCAGE.asp’’ in its place.
simplified acquisition procedures The revision reads as follows:
authorized in this subpart may be used [FAC 2005–83; Item VII; Docket No. 2015– 52.204–16 Commercial and Government
for acquisitions that do not exceed $12 0052; Sequence No. 2] Entity Code Reporting.
million when— * * * * *
(1) The acquisition is for commercial Federal Acquisition Regulation;
items that, as determined by the head of Technical Amendments Commercial and Government Entity
the agency, are to be used in support of Code Reporting (JUL 2015)
AGENCIES: Department of Defense (DoD),
a contingency operation or to facilitate * * * * *
General Services Administration (GSA),
the defense against or recovery from
and National Aeronautics and Space ■ 4. Amend section 52.204–18 by—
nuclear, biological, chemical, or
Administration (NASA). ■ a. Revising the date of the clause; and
radiological attack; or
(2) The acquisition will be treated as ACTION: Final rule. ■ b. Removing from paragraph (d)
an acquisition of commercial items in ‘‘http://www.dlis.dla.mil/Forms/Form_
accordance with 12.102(f)(1). SUMMARY: This document makes AC135.asp’’ and adding ‘‘http://
amendments to the Federal Acquisition www.dlis.dla.mil/nato/
13.501 [Amended] Regulation (FAR) in order to make ObtainCAGE.asp’’ in its place.
■ 8. Amend section 13.501 by— editorial changes. The revision reads as follows:
■ a. Removing from paragraph (a)(1)(ii) DATES: Effective: July 2, 2015.
‘‘an acquisition under the authority of 52.204–18 Commercial and Government
FOR FURTHER INFORMATION CONTACT: The Entity Code Maintenance.
the test program for commercial items
at’’ and adding ‘‘that the procedures in Regulatory Secretariat Division (MVCB), * * * * *
FAR subpart 13.5 were used in 1800 F Street NW., 2nd Floor,
Washington, DC 20405, 202–501–4755, Commercial and Government Entity
accordance with’’ in its place; and Code Maintenance (JUL 2015)
■ b. Removing from paragraph (b)(1) the for information pertaining to status or
word ‘‘test’’. publication schedules. Please cite FAC * * * * *
2005–83, Technical Amendments. ■ 5. Amend section 52.212–5, Alternate
PART 18—EMERGENCY SUPPLEMENTARY INFORMATION: II, by revising the date of the Alternate
ACQUISITIONS In order to update certain elements in and paragraph (e)(1)(ii)(E) to reads as
■ 9. Amend section 18.201 by revising 48 CFR parts 15 and 52 this document follows:
paragraph (e) to read as follows: makes editorial changes to the FAR.
52.212–5 Contract Terms and Conditions
List of Subject in 48 CFR Parts 15 and Required to Implement Statutes or
18.201 Contingency operation. Executive Orders—Commercial Items.
52
* * * * * * * * * *
(e) Simplified procedures for certain Government procurement.
Alternate II (JUL 2015). * * *
commercial items. The threshold limits Dated: June 18, 2015.
asabaliauskas on DSK5VPTVN1PROD with RULES

authorized for use of this authority may * * * * *
William Clark, (e)(1) * * *
be increased for acquisitions to support Director, Office of Government-wide
a contingency operation. (See 13.500(c)). (ii) * * *
Acquisition Policy, Office of Acquisition (E) 52.222–26, Equal Opportunity
■ 8. Amend section 18.202 by— Policy, Office of Government-wide Policy.
■ a. Removing from paragraph (c) (Apr 2015) (E.O. 11246).
‘‘13.500(e))’’ and adding ‘‘13.500(c))’’ in Therefore, DoD, GSA, and NASA * * * * *
its place; and amend 48 CFR parts 15 and 52 as set [FR Doc. 2015–16217 Filed 7–1–15; 8:45 am]
■ b. Revising paragraph (d). forth below: BILLING CODE 6820–EP–P

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Document Created: 2015-12-15 13:15:29
Document Modified: 2015-12-15 13:15:29

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: August 3, 2015.
Contact		Mr. Michael O. Jackson, Procurement Analyst, at 202-208-4949 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAC 2005-83, FAR Case 2015- 010.
FR Citation		80 FR 38311
RIN Number		9000-AN06
CFR Citation		48 CFR 12 48 CFR 13 48 CFR 18

80 FR 38311 - Federal Acquisition Regulation; Permanent Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 127 (July 2, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION