80 FR 60832 - Federal Acquisition Regulation; Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 195 (October 8, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 195 (October 8, 2015)
| Page Range | 60832-60833 | |
| FR Document | 2015-25614 |
[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)] [Proposed Rules] [Pages 60832-60833] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-25614] [[Page 60832]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 13, 18, and 19 [FAR Case 2015-020; Docket 2015-0020; Sequence 1] RIN 9000-AN09 Federal Acquisition Regulation; Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to implement a higher simplified acquisition threshold for overseas acquisitions in support of humanitarian or peacekeeping operations. DATES: Interested parties should submit written comments to the Regulatory Secretariat at one of the addresses shown below on or before December 7, 2015 to be considered in the formulation of a final rule. ADDRESSES: Submit comments in response to FAR Case 2015-020 by any of the following methods:Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ``FAR Case 2015-020.'' Select the link ``Comment Now'' that corresponds with FAR Case 2015-020. Follow the instructions provided at the ``Comment Now'' screen. Please include your name, company name (if any), and ``FAR Case 2015-020'' on your attached document. Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAR Case 2015- 020, in all correspondence related to this case. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Kathlyn Hopkins, Procurement Analyst, at 202-969-7226, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR case 2015-020. SUPPLEMENTARY INFORMATION: I. Background The purpose of this rule is to implement 41 U.S.C. 153, which establishes a higher simplified acquisition threshold (SAT) for overseas acquisitions in support of humanitarian or peacekeeping operations. FAR Case 2003-022 was published as an interim rule on February 23, 2004 (69 FR 8312) and as a final rule on December 20, 2004 (69 FR 76350). Drafters of that rule revised the definition for SAT contained at FAR 2.101, Definitions, but also inadvertently deleted the reference to overseas humanitarian or peacekeeping missions and the requisite doubling of the SAT in those circumstances. The civilian statute at the time was numbered 41 U.S.C. 259(d)(1); it is now at 41 U.S.C. 153. The purpose of this rule is to reinstate the increased SAT for overseas acquisitions for peacekeeping or humanitarian operations. Conforming changes are made in FAR parts 4, 13, 18, and 19. 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 DoD, GSA, and NASA do not expect this proposed rule to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely provides flexibilities associated with contracting under the SAT for overseas acquisitions in support of humanitarian or peacekeeping operations. However, an Initial Regulatory Flexibility Analysis (IRFA) has been performed, and is summarized as follows: The purpose of this rule is to implement 41 U.S.C. 153, which establishes a higher SAT for overseas acquisitions in support of humanitarian or peacekeeping operations. The increased threshold is limited to those procurements. In Fiscal Year 2014, 1,545 awards were made in support of humanitarian or peacekeeping operations, and 585 (37.86 percent) of these awards were to small businesses. Additionally, only 81 (5.24 percent) of the awards were valued between $150,000 and $300,000. Therefore, it is not anticipated that this rule will have a significant economic impact on small businesses. The rule does not duplicate, overlap, or conflict with any other Federal rules. No alternatives were determined that will accomplish the objectives of the rule. The Regulatory Secretariat has submitted a copy of the IRFA to the Chief Counsel for Advocacy of the Small Business Administration. A copy of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, and NASA invite comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD, GSA, and NASA will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-020), in correspondence. IV. Paperwork Reduction Act This 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 2, 4, 13, 18, and 19 Government procurement. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 13, 18, and 19 as set forth below: 0 1. The authority citation for 48 CFR parts 2, 4, 13, 18, and 19 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. [[Page 60833]] PART 2--DEFINITIONS OF WORDS AND TERMS 0 2. Amend section 2.101 in paragraph (b)(2), by revising the definition ``Simplified acquisition threshold'' to read as follows: 2.101 Definitions. * * * * * (b) * * * (2) * * * Simplified acquisition threshold means $150,000, except for-- (1) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation or to facilitate defense against or recovery from nuclear, biological, chemical, or radiological attack (41 U.S.C. 1903), the term means-- (i) $300,000 for any contract to be awarded and performed, or purchase to be made, inside the United States; and (ii) $1 million for any contract to be awarded and performed, or purchase to be made, outside the United States. (2) Acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a humanitarian or peacekeeping operation (41 U.S.C. 153 and 10 U.S.C. 2302), the term means $300,000 for any contract to be awarded and performed, or purchase to be made, outside the United States. * * * * * PART 4--ADMINISTRATIVE MATTERS 4.1102 [Amended] 0 3. Amended section 4.1102 by removing from paragraph (a)(3)(i) ``10 U.S.C. 2302(7)'' and adding ``10 U.S.C. 2302(8)'' in its place. PART 13--SIMPLIFIED ACQUISITION PROCEDURES 13.003 [Amended] 0 4. Amended section 13.003 by removing from paragraph (b)(1) ``described in paragraph (1)'' and adding ``described in paragraph (1)(i)'' in its place. PART 18--EMERGENCY ACQUISITIONS 0 5. Amend subpart 18.2 by redesignating section 18.204 as section 18.205; and adding a new section 18.204 to read as follows: 18.204 Humanitarian or peacekeeping operation. (a) A humanitarian or peacekeeping operation is defined in 2.101. (b) Simplified acquisition threshold. The threshold increases when the head of the agency determines the supplies or services are to be used to support a humanitarian or peacekeeping operation. (See 2.101.) PART 19--SMALL BUSINESS PROGRAMS 19.203 [Amended] 0 6. Amended section 19.203 by removing from paragraph (b) ``described in paragraph (1)'' and adding ``described in paragraph (1)(i)'' in its place. 19.502-2 [Amended] 0 7. Amended section 19.502-2 by removing from paragraph (a) ``described in paragraph (1) of the Simplified Acquisition Threshold'' and adding ``described in paragraph (1)(i) of the simplified acquisition threshold'' in its place. [FR Doc. 2015-25614 Filed 10-7-15; 8:45 am] BILLING CODE 6820-EP-P
![60832 Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules
DEPARTMENT OF DEFENSE submission to verify posting (except SAT for overseas acquisitions in support
allow 30 days for posting of comments of humanitarian or peacekeeping
GENERAL SERVICES submitted by mail). operations. However, an Initial
ADMINISTRATION FOR FURTHER INFORMATION CONTACT: Ms. Regulatory Flexibility Analysis (IRFA)
Kathlyn Hopkins, Procurement Analyst, has been performed, and is summarized
NATIONAL AERONAUTICS AND at 202–969–7226, for clarification of as follows:
SPACE ADMINISTRATION content. For information pertaining to The purpose of this rule is to implement
status or publication schedules, contact 41 U.S.C. 153, which establishes a higher
48 CFR Parts 2, 4, 13, 18, and 19 the Regulatory Secretariat at 202–501– SAT for overseas acquisitions in support of
[FAR Case 2015–020; Docket 2015–0020; 4755. Please cite FAR case 2015–020. humanitarian or peacekeeping operations.
Sequence 1] SUPPLEMENTARY INFORMATION: The increased threshold is limited to those
procurements. In Fiscal Year 2014, 1,545
RIN 9000–AN09 I. Background awards were made in support of
The purpose of this rule is to humanitarian or peacekeeping operations,
Federal Acquisition Regulation; and 585 (37.86 percent) of these awards were
implement 41 U.S.C. 153, which
Simplified Acquisition Threshold for to small businesses. Additionally, only 81
establishes a higher simplified (5.24 percent) of the awards were valued
Overseas Acquisitions in Support of
acquisition threshold (SAT) for overseas between $150,000 and $300,000. Therefore, it
Humanitarian or Peacekeeping acquisitions in support of humanitarian
Operations is not anticipated that this rule will have a
or peacekeeping operations. FAR Case significant economic impact on small
AGENCIES: Department of Defense (DoD), 2003–022 was published as an interim businesses.
rule on February 23, 2004 (69 FR 8312) The rule does not duplicate, overlap, or
General Services Administration (GSA),
and as a final rule on December 20, 2004 conflict with any other Federal rules. No
and National Aeronautics and Space alternatives were determined that will
Administration (NASA). (69 FR 76350). Drafters of that rule
revised the definition for SAT contained accomplish the objectives of the rule.
ACTION: Proposed rule.
at FAR 2.101, Definitions, but also The Regulatory Secretariat has
SUMMARY: DoD, GSA, and NASA are inadvertently deleted the reference to submitted a copy of the IRFA to the
proposing to amend the Federal overseas humanitarian or peacekeeping Chief Counsel for Advocacy of the Small
Acquisition Regulation (FAR) to missions and the requisite doubling of Business Administration. A copy of the
implement a higher simplified the SAT in those circumstances. The IRFA may be obtained from the
acquisition threshold for overseas civilian statute at the time was Regulatory Secretariat. DoD, GSA, and
acquisitions in support of humanitarian numbered 41 U.S.C. 259(d)(1); it is now NASA invite comments from small
or peacekeeping operations. at 41 U.S.C. 153. The purpose of this business concerns and other interested
DATES: Interested parties should submit
rule is to reinstate the increased SAT for parties on the expected impact of this
written comments to the Regulatory overseas acquisitions for peacekeeping rule on small entities.
Secretariat at one of the addresses or humanitarian operations. Conforming DoD, GSA, and NASA will also
changes are made in FAR parts 4, 13, 18, consider comments from small entities
shown below on or before December 7,
and 19. concerning the existing regulations in
2015 to be considered in the
formulation of a final rule. II. Executive Orders 12866 and 13563 subparts affected by the rule in
ADDRESSES: Submit comments in accordance with 5 U.S.C. 610. Interested
Executive Orders (E.O.s) 12866 and
response to FAR Case 2015–020 by any parties must submit such comments
13563 direct agencies to assess all costs
of the following methods: separately and should cite 5 U.S.C. 610
and benefits of available regulatory
• Regulations.gov: http:// (FAR Case 2015–020), in
alternatives and, if regulation is
www.regulations.gov. Submit comments correspondence.
necessary, to select regulatory
via the Federal eRulemaking portal by approaches that maximize net benefits IV. Paperwork Reduction Act
searching for ‘‘FAR Case 2015–020.’’ (including potential economic,
Select the link ‘‘Comment Now’’ that This rule does not contain any
environmental, public health and safety
corresponds with FAR Case 2015–020. effects, distributive impacts, and information collection requirements that
Follow the instructions provided at the equity). E.O. 13563 emphasizes the require the approval of the Office of
‘‘Comment Now’’ screen. Please include importance of quantifying both costs Management and Budget under the
your name, company name (if any), and and benefits, of reducing costs, of Paperwork Reduction Act (44 U.S.C.
‘‘FAR Case 2015–020’’ on your attached harmonizing rules, and of promoting chapter 35).
document. flexibility. This is not a significant List of Subjects in 48 CFR Parts 2, 4, 13,
• Mail: General Services regulatory action and, therefore, was not 18, and 19
Administration, Regulatory Secretariat subject to review under section 6(b) of
(MVCB), ATTN: Ms. Flowers, 1800 F E.O. 12866, Regulatory Planning and Government procurement.
Street NW., 2nd Floor, Washington, DC Review, dated September 30, 1993. This William Clark,
20405. rule is not a major rule under 5 U.S.C. Director, Office of Government-wide
Instructions: Please submit comments 804. Acquisition Policy, Office of Acquisition
only and cite FAR Case 2015–020, in all Policy, Office of Government-wide Policy.
correspondence related to this case. III. Regulatory Flexibility Act
Therefore, DoD, GSA, and NASA
Lhorne on DSK5TPTVN1PROD with PROPOSALS
Comments received generally will be DoD, GSA, and NASA do not expect
propose amending 48 CFR parts 2, 4, 13,
posted without change to http:// this proposed rule to have a significant
18, and 19 as set forth below:
www.regulations.gov, including any economic impact on a substantial
personal and/or business confidential number of small entities within the ■ 1. The authority citation for 48 CFR
information provided. To confirm meaning of the Regulatory Flexibility parts 2, 4, 13, 18, and 19 continues to
receipt of your comment(s), please Act, 5 U.S.C. 601, et seq., because the read as follows:
check www.regulations.gov, rule merely provides flexibilities Authority: 40 U.S.C. 121(c); 10 U.S.C.
approximately two to three days after associated with contracting under the chapter 137; and 51 U.S.C. 20113.
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![Federal Register / Vol. 80, No. 195 / Thursday, October 8, 2015 / Proposed Rules 60833
PART 2—DEFINITIONS OF WORDS of the agency determines the supplies or ADDRESSES: Submit comments in
AND TERMS services are to be used to support a response to FAR Case 2015–018 by any
humanitarian or peacekeeping of the following methods:
■ 2. Amend section 2.101 in paragraph operation. (See 2.101.) • Regulations.gov: http://
(b)(2), by revising the definition www.regulations.gov. Submit comments
‘‘Simplified acquisition threshold’’ to PART 19—SMALL BUSINESS via the Federal eRulemaking portal by
read as follows: PROGRAMS searching for ‘‘FAR Case 2015–018.’’
2.101 Definitions. 19.203 [Amended]
Select the link ‘‘Comment Now’’ that
* * * * * corresponds with FAR Case 2015–018.
■ 6. Amended section 19.203 by Follow the instructions provided at the
(b) * * * removing from paragraph (b) ‘‘described
(2) * * * ‘‘Comment Now’’ screen. Please include
in paragraph (1)’’ and adding ‘‘described your name, company name (if any), and
Simplified acquisition threshold in paragraph (1)(i)’’ in its place.
means $150,000, except for— ‘‘FAR Case 2015–018’’ on your attached
(1) Acquisitions of supplies or 19.502–2 [Amended] document.
services that, as determined by the head ■ 7. Amended section 19.502–2 by • Mail: General Services
of the agency, are to be used to support removing from paragraph (a) ‘‘described Administration, Regulatory Secretariat
a contingency operation or to facilitate in paragraph (1) of the Simplified (MVCB), ATTN: Ms. Flowers, 1800 F
defense against or recovery from Acquisition Threshold’’ and adding Street NW., 2nd Floor, Washington, DC
nuclear, biological, chemical, or ‘‘described in paragraph (1)(i) of the 20405.
radiological attack (41 U.S.C. 1903), the simplified acquisition threshold’’ in its Instructions: Please submit comments
term means— place. only and cite FAR Case 2015–018, in all
(i) $300,000 for any contract to be correspondence related to this case.
[FR Doc. 2015–25614 Filed 10–7–15; 8:45 am]
awarded and performed, or purchase to Comments received generally will be
BILLING CODE 6820–EP–P posted without change to http://
be made, inside the United States; and
(ii) $1 million for any contract to be www.regulations.gov, including any
awarded and performed, or purchase to personal and/or business confidential
DEPARTMENT OF DEFENSE
be made, outside the United States. information provided. To confirm
(2) Acquisitions of supplies or GENERAL SERVICES receipt of your comment(s), please
services that, as determined by the head ADMINISTRATION check www.regulations.gov,
of the agency, are to be used to support approximately two to three days after
a humanitarian or peacekeeping NATIONAL AERONAUTICS AND submission to verify posting (except
operation (41 U.S.C. 153 and 10 U.S.C. SPACE ADMINISTRATION allow 30 days for posting of comments
2302), the term means $300,000 for any submitted by mail).
contract to be awarded and performed, 48 CFR Part 36 FOR FURTHER INFORMATION CONTACT: Mr.
or purchase to be made, outside the Curtis E. Glover, Sr., Procurement
United States. [FAR Case 2015–018; Docket No. 2015– Analyst, at 202–501–1448, for
* * * * * 0018; Sequence No. 1] clarification of content. For information
RIN 9000–AN10 pertaining to status or publication
PART 4—ADMINISTRATIVE MATTERS schedules, contact the Regulatory
4.1102 [Amended] Federal Acquisition Regulation; Secretariat at 202–501–4755. Please cite
Improvement in Design-Build FAR case 2015–018.
■ 3. Amended section 4.1102 by
Construction Process SUPPLEMENTARY INFORMATION:
removing from paragraph (a)(3)(i) ‘‘10
U.S.C. 2302(7)’’ and adding ‘‘10 U.S.C. AGENCIES: Department of Defense (DoD), I. Background
2302(8)’’ in its place. General Services Administration (GSA), DoD, GSA, and NASA are proposing
and National Aeronautics and Space to amend the FAR to implement section
PART 13—SIMPLIFIED ACQUISITION
Administration (NASA). 814 of the Carl Levin and Howard P.
PROCEDURES
ACTION: Proposed rule. ‘Buck’ McKeon National Defense
13.003 [Amended] Authorization Act for Fiscal Year 2015.
■ 4. Amended section 13.003 by SUMMARY: DoD, GSA, and NASA are Section 814 is entitled Improvement in
removing from paragraph (b)(1) proposing to amend the Federal Defense Design-Build Construction
‘‘described in paragraph (1)’’ and adding Acquisition Regulation (FAR) to Process. Section 814 requires the head
‘‘described in paragraph (1)(i)’’ in its implement section 814 of the Carl Levin of the contracting activity, delegable to
place. and Howard P. ‘Buck’ McKeon National a level no lower than the senior
Defense Authorization Act for Fiscal contracting official, to approve any
PART 18—EMERGENCY Year 2015 that requires the head of the determinations to select more than five
ACQUISITIONS contracting activity to approve any offerors to submit phase-two proposals
determinations to select more than five for a two-phase design build
■ 5. Amend subpart 18.2 by offerors to submit phase-two proposals
redesignating section 18.204 as section construction acquisition that is valued
for a two-phase design-build at greater than $4 million.
18.205; and adding a new section 18.204 construction acquisition that is valued
Lhorne on DSK5TPTVN1PROD with PROPOSALS
to read as follows: at greater than $4 million. II. Discussion and Analysis
18.204 Humanitarian or peacekeeping DATES: Interested parties should submit This proposed rule does not change
operation. written comments to the Regulatory the maximum number of offerors,
(a) A humanitarian or peacekeeping Secretariat at one of the addresses currently five, that may be selected to
operation is defined in 2.101. shown below on or before December 7, submit phase-two proposals without a
(b) Simplified acquisition threshold. 2015 to be considered in the contracting officer determination.
The threshold increases when the head formulation of a final rule. However, for acquisitions valued above
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Document Created: 2015-12-15 08:42:57
Document Modified: 2015-12-15 08:42:57
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Interested parties should submit written comments to the | |
| Contact | Ms. Kathlyn Hopkins, Procurement Analyst, at 202-969-7226, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501-4755. Please cite FAR case 2015-020. | |
| FR Citation | 80 FR 60832 | |
| RIN Number | 9000-AN09 | |
| CFR Citation | 48
CFR
13 48 CFR 18 48 CFR 19 48 CFR 2 48 CFR 4 |
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