81 FR 17045 - Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Small Business Programs (DFARS Case 2015-D017)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 81, Issue 58 (March 25, 2016)
Defense Acquisition Regulations System
Federal Register Volume 81, Issue 58 (March 25, 2016)
| Page Range | 17045-17047 | |
| FR Document | 2016-06722 |
[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)] [Rules and Regulations] [Pages 17045-17047] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06722] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 219, and 252 [Docket DARS-2015-0044] RIN 0750-AI68 Defense Federal Acquisition Regulation Supplement: Clauses With Alternates--Small Business Programs (DFARS Case 2015-D017) 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 clarify clauses and their prescriptions for small business programs and to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. DATES: Effective March 25, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571- 372-6100. SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 80 FR 58669 on September 30, 2015, to clarify, in the small business programs' clause prescriptions, the appropriate use of the basic clause and its alternate clause. This final rule provides the basic clause at 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), in full text as well as the alternate to the basic clause in full text, instead of only reflecting the paragraphs that are different. The clause at DFARS 252.219-7010, now titled ``Notification of Competition Limited to Eligible 8(a) Concerns--Partnership Agreement'' is modified to incorporate Federal Acquisition Regulation (FAR) clause 52.219-18 and its two alternates into the existing clause at DFARS 252.219-7010. No public comments were received in response to the proposed rule. Three editorial changes were made to the proposed rule to (1) correct a typographical error, (2) update how the basic clause and alternate clause for 252.219-7003 are displayed at 212.301, and (3) spell out the acronym ``eSRS'' in the DFARS basic and alternate clause 252.219-7003. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule does not change the prescription for DFAR clause 252.219- 7003, Small Business Subcontracting Plan (DoD Contracts); rather, the rule merely clarifies the use of the clause and the way it is displayed in the regulations. DFARS clause 252.219-7003 is used in conjunction with FAR clause 52.219-9, Small Business Subcontracting Plan, and applies to solicitations and contracts for commercial items, including commercially available off-the-shelf items. The clause is not applicable to acquisitions valued at or below the simplified acquisition threshold, because the FAR clause is only used in acquisitions expected to exceed $700,000. 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 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 final rule clarifies: (1) DFARS clause, 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), which has an alternate, and (2) DFARS clause 252.219-7010, now titled ``Notification of Competition Limited to Eligible 8(a) Concerns--Partnership Agreement,'' which is an alternate to a FAR clause. The basic and alternate clauses will be full, separate clauses for ease of use by the contracting officers. This rule also explains the appropriate [[Page 17046]] use of the affected basic and alternate clauses for the small business programs. No substantial changes are being made to the clauses. The objective of this rule is to clarify the use of each clause by giving the basic and alternate clauses a separate prescription describing when to use the clause for the small business programs. This does not change the applicability of the basic or alternate clause. The basic and alternate clauses will each appear in full text, which will facilitate use of the automated contract writing systems. No comments were received from the public in response to the initial regulatory flexibility analysis. DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), and its alternate are prescribed to be used with FAR 52.219-9 and its alternates. FAR 52.219-9 does not apply to small business concerns; therefore, there is no burden on any small business for this rule. DFARS 252.219-7010, now titled ``Notification of Competition Limited to Eligible 8(a) Concerns--Partnership Agreement,'' is the alternate for FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns. This clause only affects 8(a) concerns when competing for an 8(a) award. Currently, there are approximately 5,217 active concerns registered in SAM that are certified in the 8(a) program. Nothing substantive will change in solicitations or contracts for potential offerors; only the way the clause alternates are presented in solicitations and contracts will be changed. This rule will result in potential offerors, including small businesses, expending less time to review and understand the solicitation and contract. The rule anticipates saving contractors' time by making all paragraph substitutions from the basic clause and by not requiring offerors to read inapplicable paragraphs contained in the basic clauses where alternates are used in the solicitations and contracts. The rule does not impose any additional reporting, recordkeeping, or other compliance requirements. No alternatives were identified that will accomplish the objectives of the rule. V. Paperwork Reduction Act The rule contains information collection requirements that require the approval of the Office of Management and Budget (OMB) under the Paperwork Reduction Act (44 U.S.C. chapter 35); however, these changes to the DFARS do not impose additional information collection requirement to the paperwork burden previously approved under OMB Control Number 0704-0386, entitled ``Small Business Programs and Associated Clauses in part 252.219.'' The rule merely clarifies the use of two DFARS clauses and the way the clauses are displayed in the regulation. List of Subjects in 48 CFR Parts 212, 219, and 252 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 212, 219, and 252 are amended as follows: 0 1. The authority citation for 48 CFR parts 212, 219, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 212--ACQUISITION OF COMMERCIAL ITEMS 0 2. In section 212.301, revise paragraph (f)(vii)(A) to read as follows: 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items. * * * * * (f) * * * (vii) Part 219--Small Business Programs. (A) Use the clause at 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), to comply with 15 U.S.C. 637. (1) Use the basic clause as prescribed in 219.708(b)(1)(A)(1). (2) Use the alternate I clause as prescribed in 219.708(b)(1)(A)(2). * * * * * PART 219--SMALL BUSINESS PROGRAMS 0 3. In section 219.708, revise paragraph (b)(1)(A) to read as follows: 219.708 Contract clauses. (b)(1)(A) Use the basic or alternate clause at 252.219-7003, Small Business Subcontracting Plan (DoD Contracts), in solicitations and contracts, including solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, that contain the clause at FAR 52.219-9, Small Business Subcontracting Plan. (1) Use the basic clause at 252.219-7003, when using the basic, alternate I, or alternate II of FAR 52.219-9. (2) Use the alternate I clause at 252.219-7003, when using Alternate III of FAR 52.219-9. * * * * * 0 4. In section 219.811-3, revise paragraph (2) to read as follows: 219.811-3 Contract clauses. * * * * * (2) Use the clause at 252.219-7010, Notification of Competition Limited to Eligible 8(a) Concerns--Partnership Agreement, in lieu of the clause at FAR 52.219-18, Notification of Competition Limited to Eligible 8(a) Concerns, in competitive solicitations and contracts when the acquisition is accomplished using the procedures of FAR 19.805 and processed in accordance with the PA cited in 219.800. * * * * * PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 5. Amend section 252.219-7003 by-- 0 a. Revising the introductory text, clause title, and date; 0 b. Amending paragraph (a) by removing ``eSRS'' and adding ``the Electronic Subcontracting Reporting System (eSRS)'' in its place; 0 c. In paragraph (c)(2), removing ``Section'' and adding ``section'' in its place; and 0 c. Revising Alternate I. The revisions read as follows: 252.219-7003 Small Business Subcontracting Plan (DoD Contracts). Basic. As prescribed in 219.708(b)(1)(A) and (b)(1)(A)(1), use the following clause: SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)--BASIC (MAR 2016) * * * * * Alternate I. As prescribed in 219.708(b)(1)(A) and (b)(1)(A)(2), use the following clause, which uses a different paragraph (f) than the basic clause. SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS)--ALTERNATE I (MAR 2016) This clause supplements the Federal Acquisition Regulation 52.219-9, Small Business Subcontracting Plan, clause of this contract. (a) Definitions. Summary Subcontract Report (SSR) Coordinator, as used in this clause, means the individual at the department or agency level who is registered in the Electronic Subcontracting Reporting System (eSRS) and is responsible for acknowledging receipt or rejecting SSRs in eSRS for the department or agency. (b) Subcontracts awarded to workshops approved by the Committee for Purchase from People Who are Blind or Severely Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's small business subcontracting goal. (c) A mentor firm, under the Pilot Mentor-Protege Program established under section 831 of Public Law 101-510, as amended, may [[Page 17047]] count toward its small disadvantaged business goal, subcontracts awarded to-- (1) Protege firms which are qualified organizations employing the severely disabled; and (2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101-510. (d) The master plan is approved by the Contractor's cognizant contract administration activity. (e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractor-specified formats shall be acceptable. (f)(1) For DoD, the Contractor shall submit reports in eSRS as follows: (i) The Standard Form 294, Subcontracting Report for Individual Contracts, shall be submitted in accordance with the instructions on that form. (ii) An SSR for other than a commercial subcontracting plan, or construction and related maintenance repair contracts, shall be submitted in eSRS to the department or agency within DoD that administers the majority of the Contractor's individual subcontracting plans. An example would be Defense Finance and Accounting Service or Missile Defense Agency. (2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows: (i) Except as provided in paragraph (f)(2)(ii) of this clause, the authority to acknowledge receipt or reject SSRs in eSRS resides with the SSR Coordinator at the department or agency that administers the majority of the Contractor's individual subcontracting plans. (ii) The authority to acknowledge receipt or reject SSRs for construction and related maintenance and repair contracts resides with the SSR Coordinator for each department or agency. (End of clause) 0 6. Revise section 252.219-7010 to read as follows: 252.219-7010 Notification of Competition Limited to Eligible 8(a) Concerns--Partnership Agreement As prescribed in 219.811-3(2), use the following clause: NOTIFICATION OF COMPETITION LIMITED TO ELIGIBLE 8(A) CONCERNS-- PARTNERSHIP AGREEMENT (MAR 2016) (a) Offers are solicited only from small business concerns expressly certified by the Small Business Administration (SBA) for participation in the SBA's 8(a) Program and which meet the following criteria at the time of submission of offer: (1) The Offeror is in conformance with the 8(a) support limitation set forth in its approved business plan. (2) The Offeror is in conformance with the Business Activity Targets set forth in its approved business plan or any remedial action directed by the SBA. (3) If the competition is to be limited to 8(a) concerns within one or more specific SBA regions or districts, then the offeror's approved business plan is on the file and serviced by ____. [Contracting Officer completes by inserting the appropriate SBA District and/or Regional Office(s) as identified by the SBA.] (b) By submission of its offer, the Offeror represents that it meets all of the criteria set forth in paragraph (a) of this clause. (c) Any award resulting from this solicitation will be made directly by the Contracting Officer to the successful 8(a) offeror selected through the evaluation criteria set forth in this solicitation. (d)(1) Agreement. A small business concern submitting an offer in its own name shall furnish, in performing the contract, only end items manufactured or produced by small business concerns in the United States or its outlying areas, unless-- (i) The SBA has determined that there are no small business manufacturers or processors in the Federal market place in accordance with FAR 19.502-2(c); (ii) The acquisition is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, in which case a small business concern may furnish the product of any domestic firm; or (iii) The acquisition is a construction or service contract. (2) The ____ [insert name of SBA's contractor] will notify the ____ [insert name of contracting agency] Contracting Officer in writing immediately upon entering an agreement (either oral or written) to transfer all or part of its stock or other ownership interest to any other party. (End of clause) [FR Doc. 2016-06722 Filed 3-24-16; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations 17045
The rule will apply to DoD major ■ b. In paragraph (2) by removing 252.219–7003 are displayed at 212.301,
defense acquisition program contractors ‘‘September 30, 2014’’ and adding and (3) spell out the acronym ‘‘eSRS’’ in
and subcontractors. Most major defense ‘‘September 30, 2019’’ in its place. the DFARS basic and alternate clause
acquisition programs are awarded to [FR Doc. 2016–06721 Filed 3–24–16; 8:45 am] 252.219–7003.
large concerns as they are of a scope too BILLING CODE 5001–06–P
II. Applicability to Contracts at or
large for any small business to perform. Below the Simplified Acquisition
As such, it is not expected that this rule Threshold and for Commercial Items,
will have a significant impact on a DEPARTMENT OF DEFENSE
Including Commercially Available Off-
significant number of small entities. the-Shelf Items
Defense Acquisition Regulations
This rule does not impose new
System This rule does not change the
recordkeeping or reporting
prescription for DFAR clause 252.219–
requirements. There are no known
48 CFR Parts 212, 219, and 252 7003, Small Business Subcontracting
significant alternative approaches to the
[Docket DARS–2015–0044] Plan (DoD Contracts); rather, the rule
rule that would meet the requirements
merely clarifies the use of the clause
of the statute. RIN 0750–AI68 and the way it is displayed in the
V. Paperwork Reduction Act regulations. DFARS clause 252.219–
Defense Federal Acquisition 7003 is used in conjunction with FAR
The rule does not contain any Regulation Supplement: Clauses With clause 52.219–9, Small Business
information collection requirements that Alternates—Small Business Programs Subcontracting Plan, and applies to
require the approval of the Office of (DFARS Case 2015–D017) solicitations and contracts for
Management and Budget under the commercial items, including
Paperwork Reduction Act (44 U.S.C. AGENCY: Defense Acquisition
Regulations System, Department of commercially available off-the-shelf
chapter 35). items. The clause is not applicable to
Defense (DoD).
List of Subjects in 48 CFR Parts 217 and ACTION: Final rule. acquisitions valued at or below the
234 simplified acquisition threshold,
SUMMARY: DoD is issuing a final rule because the FAR clause is only used in
Government procurement. amending the Defense Federal acquisitions expected to exceed
Jennifer L. Hawes, Acquisition Regulation Supplement $700,000.
Editor, Defense Acquisition Regulations (DFARS) to clarify clauses and their
III. Executive Orders 12866 and 13563
System. prescriptions for small business
Therefore, 48 CFR parts 217 and 234 are programs and to create basic and Executive Orders (E.O.s) 12866 and
amended as follows: alternate clauses structured in a manner 13563 direct agencies to assess all costs
to facilitate use of automated contract and benefits of available regulatory
■ 1. The authority citation for 48 CFR alternatives and, if regulation is
writing systems.
parts 217 and 234 continues to read as necessary, to select regulatory
follows: DATES: Effective March 25, 2016.
approaches that maximize net benefits
FOR FURTHER INFORMATION CONTACT: Ms.
Authority: 41 U.S.C. 1303 and 48 CFR (including potential economic,
chapter 1. Jennifer Johnson, telephone 571–372–
environmental, public health and safety
6100.
effects, distributive impacts, and
PART 217—SPECIAL CONTRACTING SUPPLEMENTARY INFORMATION: equity). E.O. 13563 emphasizes the
METHODS importance of quantifying both costs
I. Background
and benefits, of reducing costs, of
■ 2. Amend section 217.202 by revising DoD published a proposed rule in the harmonizing rules, and of promoting
paragraph (2) to read as follows: Federal Register at 80 FR 58669 on flexibility. This is not a significant
September 30, 2015, to clarify, in the regulatory action and, therefore, was not
217.202 Use of options.
small business programs’ clause subject to review under section 6(b) of
* * * * * prescriptions, the appropriate use of the E.O. 12866, Regulatory Planning and
(2) See 234.005–1 for limitations on basic clause and its alternate clause. Review, dated September 30, 1993. This
the use of contract options for the This final rule provides the basic clause rule is not a major rule under 5 U.S.C.
provision of advanced component at 252.219–7003, Small Business 804.
development, prototype, or initial Subcontracting Plan (DoD Contracts), in
production of technology developed full text as well as the alternate to the IV. Regulatory Flexibility Act
under the contract or the delivery of basic clause in full text, instead of only A final regulatory flexibility analysis
initial or additional items. reflecting the paragraphs that are has been prepared consistent with the
different. The clause at DFARS 252.219– Regulatory Flexibility Act, 5 U.S.C. 601,
PART 234—MAJOR SYSTEM 7010, now titled ‘‘Notification of et seq., and is summarized as follows:
ACQUISITION Competition Limited to Eligible 8(a) This final rule clarifies: (1) DFARS
234.005–1 [Amended] Concerns—Partnership Agreement’’ is clause, 252.219–7003, Small Business
modified to incorporate Federal Subcontracting Plan (DoD Contracts),
■ 3. Amend section 234.005–1— Acquisition Regulation (FAR) clause which has an alternate, and (2) DFARS
■ a. In paragraph (1) introductory text, 52.219–18 and its two alternates into the clause 252.219–7010, now titled
srobinson on DSK5SPTVN1PROD with RULES3
by removing ‘‘component development existing clause at DFARS 252.219–7010. ‘‘Notification of Competition Limited to
or prototype of technology’’ and adding No public comments were received in Eligible 8(a) Concerns—Partnership
‘‘component development, prototype, or response to the proposed rule. Three Agreement,’’ which is an alternate to a
initial production of technology’’ in its editorial changes were made to the FAR clause. The basic and alternate
place, and removing ‘‘additional proposed rule to (1) correct a clauses will be full, separate clauses for
prototype items’’ and adding typographical error, (2) update how the ease of use by the contracting officers.
‘‘additional items’’ in its place; and basic clause and alternate clause for This rule also explains the appropriate
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![Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations 17047
count toward its small disadvantaged (3) If the competition is to be limited to statute or Balance of Payments Program
business goal, subcontracts awarded to— 8(a) concerns within one or more specific applies.
(1) Protege firms which are qualified SBA regions or districts, then the offeror’s
DATES: Effective March 25, 2016.
organizations employing the severely approved business plan is on the file and
disabled; and serviced by llll. [Contracting Officer FOR FURTHER INFORMATION CONTACT: Mr.
(2) Former protege firms that meet the completes by inserting the appropriate SBA Christopher Stiller, telephone 571–372–
criteria in section 831(g)(4) of Public Law District and/or Regional Office(s) as 6176.
101–510. identified by the SBA.] SUPPLEMENTARY INFORMATION:
(d) The master plan is approved by the (b) By submission of its offer, the Offeror
Contractor’s cognizant contract represents that it meets all of the criteria set I. Background
administration activity. forth in paragraph (a) of this clause. DoD published a proposed rule in the
(e) In those subcontracting plans which (c) Any award resulting from this
specifically identify small businesses, the Federal Register at 80 FR 72672 on
solicitation will be made directly by the
Contractor shall notify the Administrative November 20, 2015, to revise the
Contracting Officer to the successful 8(a)
Contracting Officer of any substitutions of offeror selected through the evaluation DFARS to clarify when it is appropriate
firms that are not small business firms, for criteria set forth in this solicitation. to omit DFARS clause 252.225–7001
the small business firms specifically (d)(1) Agreement. A small business with regard to exceptions to the Buy
identified in the subcontracting plan. concern submitting an offer in its own name American statute and Balance of
Notifications shall be in writing and shall shall furnish, in performing the contract, Payment Program. There were no public
occur within a reasonable period of time after only end items manufactured or produced by comments submitted in response to the
award of the subcontract. Contractor- small business concerns in the United States
specified formats shall be acceptable. proposed rule. There are no changes
or its outlying areas, unless— from the proposed rule made in the final
(f)(1) For DoD, the Contractor shall submit
(i) The SBA has determined that there are rule.
reports in eSRS as follows:
no small business manufacturers or
(i) The Standard Form 294, Subcontracting
Report for Individual Contracts, shall be
processors in the Federal market place in II. Applicability to Contracts at or
submitted in accordance with the accordance with FAR 19.502–2(c); Below the Simplified Acquisition
instructions on that form. (ii) The acquisition is processed under Threshold and for Commercial Items,
(ii) An SSR for other than a commercial simplified acquisition procedures and the Including Commercially Available Off-
subcontracting plan, or construction and total amount of this contract does not exceed the-Shelf Items
related maintenance repair contracts, shall be $25,000, in which case a small business
submitted in eSRS to the department or concern may furnish the product of any The clause at DFARS 252.225–7001,
agency within DoD that administers the domestic firm; or Buy American Act and Balance of
majority of the Contractor’s individual (iii) The acquisition is a construction or Payments Program, applies to
subcontracting plans. An example would be service contract. acquisitions at or below the simplified
Defense Finance and Accounting Service or (2) The llll [insert name of SBA’s acquisition threshold and for
Missile Defense Agency. contractor] will notify the llll [insert commercial items, including
(2) For DoD, the authority to acknowledge name of contracting agency] Contracting
commercially available off-the-shelf
receipt or reject reports in eSRS is as follows: Officer in writing immediately upon entering
an agreement (either oral or written) to items. This rule merely clarifies when it
(i) Except as provided in paragraph (f)(2)(ii)
of this clause, the authority to acknowledge transfer all or part of its stock or other is appropriate to omit DFARS clause
receipt or reject SSRs in eSRS resides with ownership interest to any other party. 252.225–7001 in accordance with
the SSR Coordinator at the department or existing exceptions to the Buy American
agency that administers the majority of the (End of clause) statute and Balance of Payment
Contractor’s individual subcontracting plans. [FR Doc. 2016–06722 Filed 3–24–16; 8:45 am] Program.
(ii) The authority to acknowledge receipt or BILLING CODE 5001–06–P
reject SSRs for construction and related III. Executive Orders 12866 and 13563
maintenance and repair contracts resides Executive Orders (E.O.s) 12866 and
with the SSR Coordinator for each DEPARTMENT OF DEFENSE 13563 direct agencies to assess all costs
department or agency.
and benefits of available regulatory
(End of clause) Defense Acquisition Regulations alternatives and, if regulation is
System necessary, to select regulatory
■ 6. Revise section 252.219–7010 to
read as follows: approaches that maximize net benefits
48 CFR Part 225 (including potential economic,
252.219–7010 Notification of Competition [Docket DARS–2015–0053] environmental, public health and safety
Limited to Eligible 8(a) Concerns— effects, distributive impacts, and
Partnership Agreement RIN 0750–AI77
equity). E.O. 13563 emphasizes the
As prescribed in 219.811–3(2), use the importance of quantifying both costs
following clause: Defense Federal Acquisition
Regulation Supplement: Buy American and benefits, of reducing costs, of
NOTIFICATION OF COMPETITION and Balance of Payments Program— harmonizing rules, and of promoting
LIMITED TO ELIGIBLE 8(A) CONCERNS— Clause Prescription (DFARS Case flexibility. This is not a significant
PARTNERSHIP AGREEMENT (MAR 2016)
2015–D037) regulatory action and, therefore, was not
(a) Offers are solicited only from small subject to review under section 6(b) of
business concerns expressly certified by the AGENCY: Defense Acquisition E.O. 12866, Regulatory Planning and
Small Business Administration (SBA) for Regulations System, Department of Review, dated September 30, 1993. This
participation in the SBA’s 8(a) Program and Defense (DoD). rule is not a major rule under 5 U.S.C.
which meet the following criteria at the time 804.
ACTION: Final rule.
srobinson on DSK5SPTVN1PROD with RULES3
of submission of offer:
(1) The Offeror is in conformance with the SUMMARY: DoD is issuing a final rule IV. Regulatory Flexibility Act
8(a) support limitation set forth in its
approved business plan.
amending the Defense Federal A final regulatory flexibility analysis
(2) The Offeror is in conformance with the Acquisition Regulation Supplement (FRFA) has been prepared consistent
Business Activity Targets set forth in its (DFARS) to clarify how the clause with the Regulatory Flexibility Act, 5
approved business plan or any remedial prescription addresses applicability U.S.C. 601, et seq. The FRFA is
action directed by the SBA. when an exception to the Buy American summarized as follows:
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Document Created: 2018-02-02 15:18:05
Document Modified: 2018-02-02 15:18:05
| 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 March 25, 2016. | |
| Contact | Ms. Jennifer Johnson, telephone 571- 372-6100. | |
| FR Citation | 81 FR 17045 | |
| RIN Number | 0750-AI68 | |
| CFR Citation | 48
CFR
212 48 CFR 219 48 CFR 252 |
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