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)

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, 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.

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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