80 FR 72606 - Defense Federal Acquisition Regulation Supplement: Eliminate Data Collection Requirement (DFARS Case 2015-D031)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 224 (November 20, 2015)

Page Range		72606-72606
FR Document		2015-29556

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to eliminate a requirement for military departments and defense agencies to collect and report relevant data on award and incentive fees paid to contractors.

Federal Register, Volume 80 Issue 224 (Friday, November 20, 2015)

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Page 72606]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-29556]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 216

[Docket DARS-2015-0048]
RIN 0750-AI73


Defense Federal Acquisition Regulation Supplement: Eliminate Data 
Collection Requirement (DFARS Case 2015-D031)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to eliminate a requirement 
for military departments and defense agencies to collect and report 
relevant data on award and incentive fees paid to contractors.

DATES: Effective November 20, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 814 of the National Defense Authorization Act for Fiscal 
Year 2007 (Pub. L. 109-364) requires that DoD provide guidance on the 
appropriate use of award and incentive fees in DoD acquisition 
programs, including the requirement to ensure that DoD collects 
relevant data on award and incentive fees paid to contractors and has 
mechanisms in place to evaluate such data on a regular basis. DFARS 
216.401-70, Data collection, states this latter requirement of section 
814. Previously, DoD collected award and incentive fee data 
semiannually by a manual data call from the DoD components, which was 
very labor-intensive. On April 6, 2015 (80 FR 18323), DoD removed from 
DFARS 216.401-70 the requirement to follow the reporting requirements 
in the associated DFARS Procedures, Guidance, and Information, because 
DoD can now obtain relevant data through peer reviews and other 
sources, such as the Contract Business Analysis Repository (CBAR). This 
final rule removes the remaining statement about the statutory 
requirements of section 814. Retention of this statement in the DFARS 
is no longer necessary, because there is no longer a need to collect 
data directly from the contracting officer or other members of the 
contracting community in the military departments or defense agencies.

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

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of Proposed Regulations.'' 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 deletes an unnecessary statement from the DFARS. This 
revision has no significant effect beyond the internal operating 
procedures of the Government and has no cost or administrative impact 
on contractors or offerors.

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 DFARS 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 Part 216

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 216 is amended as follows:

PART 216--TYPES OF CONTRACTS

0
1. The authority citation for 48 CFR part 216 continues to read as 
follows:

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


216.401-70   [Removed]

0
2. Remove section 216.401-70.

[FR Doc. 2015-29556 Filed 11-19-15; 8:45 am]
 BILLING CODE 5001-06-P

72606 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Rules and Regulations

photovoltaic device, to be listed in DATES: Effective November 20, 2015. procedures of the Government and has
paragraph (d)(5)(i) of this provision as a FOR FURTHER INFORMATION CONTACT: Ms. no cost or administrative impact on
Free Trade Agreement country Tresa Sullivan, telephone 571–372– contractors or offerors.
photovoltaic device) [Offeror to specify 6089.
country of origin__]; or III. Executive Orders 12866 and 13563
SUPPLEMENTARY INFORMATION:
__(iii) The offered foreign Executive Orders (E.O.s) 12866 and
photovoltaic devices (other than those I. Background 13563 direct agencies to assess all costs
from countries listed in paragraph Section 814 of the National Defense and benefits of available regulatory
(d)(5)(i) or (d)(5)(ii) of this provision) are Authorization Act for Fiscal Year 2007 alternatives and, if regulation is
the product of ___. [Offeror to specify (Pub. L. 109–364) requires that DoD
country of origin, if known, and provide necessary, to select regulatory
provide guidance on the appropriate use approaches that maximize net benefits
documentation that the cost of a of award and incentive fees in DoD
domestic photovoltaic device would be (including potential economic,
acquisition programs, including the environmental, public health and safety
unreasonable in comparison to the cost requirement to ensure that DoD collects
of the proposed foreign photovoltaic effects, distributive impacts, and
relevant data on award and incentive equity). E.O. 13563 emphasizes the
device, i.e., that the price of the foreign fees paid to contractors and has
photovoltaic device plus 50 percent is importance of quantifying both costs
mechanisms in place to evaluate such
less than the price of a comparable and benefits, of reducing costs, of
data on a regular basis. DFARS 216.401–
domestic photovoltaic device.] harmonizing rules, and of promoting
70, Data collection, states this latter
(6) If $204,000 or more, the Offeror requirement of section 814. Previously, flexibility. This is not a significant
certifies that each photovoltaic device to DoD collected award and incentive fee regulatory action and, therefore, was not
be used in performance of the contract data semiannually by a manual data call subject to review under section 6(b) of
is— from the DoD components, which was E.O. 12866, Regulatory Planning and
__(i) A domestic or designated Review, dated September 30, 1993. This
very labor-intensive. On April 6, 2015
country photovoltaic device [Offeror to rule is not a major rule under 5 U.S.C.
(80 FR 18323), DoD removed from
specify country of origin__]; 804.
DFARS 216.401–70 the requirement to
__(ii) A U.S.-made photovoltaic
follow the reporting requirements in the IV. Regulatory Flexibility Act
device; or
associated DFARS Procedures,
__(iii) A qualifying country
Guidance, and Information, because The Regulatory Flexibility Act does
photovoltaic device from Egypt of
DoD can now obtain relevant data not apply to this rule because this final
Turkey (photovoltaic devices from other
through peer reviews and other sources, rule does not constitute a significant
qualifying countries to be listed in
such as the Contract Business Analysis DFARS revision within the meaning of
paragraph (d)(6)(i) of this provision as
Repository (CBAR). This final rule FAR 1.501–1, and 41 U.S.C. 1707 does
designated country photovoltaic
removes the remaining statement about not require publication for public
devices). [Offeror to specify country of
the statutory requirements of section comment.
origin__.]
814. Retention of this statement in the
(End of provision) DFARS is no longer necessary, because V. Paperwork Reduction Act
[FR Doc. 2015–29551 Filed 11–19–15; 8:45 am] there is no longer a need to collect data
directly from the contracting officer or The rule does not contain any
BILLING CODE 5001–06–P
other members of the contracting information collection requirements that
community in the military departments require the approval of the Office of
DEPARTMENT OF DEFENSE or defense agencies. Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Defense Acquisition Regulations II. Publication of This Final Rule for chapter 35).
System Public Comment Is Not Required by
Statute List of Subjects in 48 CFR Part 216
48 CFR Part 216 The statute that applies to the Government procurement.
[Docket DARS–2015–0048] publication of the Federal Acquisition
Regulation (FAR) is 41 U.S.C. 1707 Jennifer L. Hawes,
RIN 0750–AI73 entitled ‘‘Publication of Proposed Editor, Defense Acquisition Regulations
Regulations.’’ Paragraph (a)(1) of the System.
Defense Federal Acquisition statute requires that a procurement
Regulation Supplement: Eliminate Data policy, regulation, procedure or form Therefore, 48 CFR part 216 is
Collection Requirement (DFARS Case (including an amendment or amended as follows:
2015–D031) modification thereof) must be published
for public comment if it relates to the PART 216—TYPES OF CONTRACTS
AGENCY: Defense Acquisition
Regulations System, Department of expenditure of appropriated funds, and
Defense (DoD). has either a significant effect beyond the ■ 1. The authority citation for 48 CFR
internal operating procedures of the part 216 continues to read as follows:
ACTION: Final rule.
agency issuing the policy, regulation, Authority: 41 U.S.C. 1303 and 48 CFR
SUMMARY: DoD is issuing a final rule procedure or form, or has a significant chapter 1.
amending the Defense Federal cost or administrative impact on
tkelley on DSK3SPTVN1PROD with RULES

Acquisition Regulation Supplement contractors or offerors. This final rule is 216.401–70 [Removed]
(DFARS) to eliminate a requirement for not required to be published for public
■ 2. Remove section 216.401–70.
military departments and defense comment, because it deletes an
agencies to collect and report relevant unnecessary statement from the DFARS. [FR Doc. 2015–29556 Filed 11–19–15; 8:45 am]
data on award and incentive fees paid This revision has no significant effect BILLING CODE 5001–06–P
to contractors. beyond the internal operating

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Document Created: 2015-12-14 13:59:08
Document Modified: 2015-12-14 13:59:08

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 November 20, 2015.
Contact		Ms. Tresa Sullivan, telephone 571-372- 6089.
FR Citation		80 FR 72606
RIN Number		0750-AI73

80 FR 72606 - Defense Federal Acquisition Regulation Supplement: Eliminate Data Collection Requirement (DFARS Case 2015-D031)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 80, Issue 224 (November 20, 2015)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System