81_FR_42682 81 FR 42556 - Defense Federal Acquisition Regulation Supplement: Deletion of Supplemental Coverage for the Definition of “Simplified Acquisition Threshold” (DFARS Case 2016-D007)

81 FR 42556 - Defense Federal Acquisition Regulation Supplement: Deletion of Supplemental Coverage for the Definition of “Simplified Acquisition Threshold” (DFARS Case 2016-D007)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 126 (June 30, 2016)

Page Range42556-42557
FR Document2016-15236

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete the supplemental coverage for the definition ``simplified acquisition threshold.'' Federal Acquisition Regulation (FAR) final rule 2015-020 added to the FAR the simplified acquisition threshold for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a humanitarian or peacekeeping operation.

Federal Register, Volume 81 Issue 126 (Thursday, June 30, 2016) 
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42556-42557]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15236]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2016-0008]
RIN 0750-AI89


Defense Federal Acquisition Regulation Supplement: Deletion of 
Supplemental Coverage for the Definition of ``Simplified Acquisition 
Threshold'' (DFARS Case 2016-D007)

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 delete the supplemental 
coverage for the definition ``simplified acquisition threshold.'' 
Federal Acquisition Regulation (FAR) final rule 2015-020 added to the 
FAR the simplified acquisition threshold for contracts to be awarded 
and performed, or purchases to be made, outside the United States in 
support of a humanitarian or peacekeeping operation.

DATES: Effective June 30, 2016.

FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations 
System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 
3060 Defense Pentagon, Washington, DC 20301-3060, telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to delete the supplemental definition for 
``simplified acquisition threshold'' with regard to humanitarian or 
peacekeeping operations at DFARS part 202. This supplemental definition 
was included in DFARS when there was no existing coverage in the FAR. 
The simplified acquisition threshold for humanitarian or peacekeeping 
operations has been added to the FAR under final rule 2015-020. There 
is no need to duplicate the definition in the DFARS; therefore, this 
rule removes the supplemental definition at DFARS part 202.

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

    41 U.S.C. 1707, Publication of Proposed Regulations, is the statute 
that applies to the publication of the Federal Acquisition Regulation 
(FAR). 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 has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure or form (including 
an amendment or modification thereof) must be published for public 
comment if it 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 the DFARS change to remove a 
definition that is being elevated to the FAR will not have any 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.

IV. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This case does not add any new provisions or clauses or impact any 
existing provisions or clauses.

V. 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.

VI. 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

[[Page 42557]]

Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 202

    Government procurement.

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

    Therefore, 48 CFR part 202 is amended as follows:

PART 202--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 202 continues to read as 
follows:

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


202.101  [Amended]

0
2. Amend section 202.101 by removing the definition of ``Simplified 
acquisition threshold''.

[FR Doc. 2016-15236 Filed 6-29-16; 8:45 am]
 BILLING CODE 5001-06-P

42556 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations (C) Rounding to the nearest dollar; DEPARTMENT OF DEFENSE Paragraph (a)(1) of the statute requires and that a procurement policy, regulation, Defense Acquisition Regulations procedure or form (including an (D) Comparing the new amount or System amendment or modification thereof) range of the penalty with the amount or range in the prior year to ensure the must be published for public comment 48 CFR Part 202 if it has either a significant effect maximum increase is not more than 150 [Docket DARS–2016–0008] beyond the internal operating percent of the most recent levels. procedures of the agency issuing the (ii) The application of the inflation RIN 0750–AI89 policy, regulation, procedure or form adjustments required by the 2015 (including an amendment or Inflation Adjustment Act, 28 U.S.C. Defense Federal Acquisition modification thereof) must be published 2461 note, results in the following Regulation Supplement: Deletion of for public comment if it has either a adjusted statutory maximum forfeitures Supplemental Coverage for the significant effect beyond the internal Definition of ‘‘Simplified Acquisition operating procedures of the agency authorized by the Communications Act: Threshold’’ (DFARS Case 2016–D007) issuing the policy, regulation, procedure Maximum AGENCY: Defense Acquisition or form, or has a significant cost or penalty after Regulations System, Department of administrative impact on contractors or 2015 inflation offerors. This final rule is not required U.S. Code citation adjustment Defense (DoD). act ACTION: Final rule. to be published for public comment, adjustment because the DFARS change to remove a ($) SUMMARY: DoD is issuing a final rule definition that is being elevated to the amending the Defense Federal FAR will not have any cost or 47 U.S.C. 202(c) ................... $11,362 Acquisition Regulation Supplement administrative impact on contractors or 568 (DFARS) to delete the supplemental offerors. 47 U.S.C. 203(e) .................. 11,362 coverage for the definition ‘‘simplified 568 III. Executive Orders 12866 and 13563 acquisition threshold.’’ Federal 47 U.S.C. 205(b) .................. 22,723 Acquisition Regulation (FAR) final rule Executive Orders (E.O.s) 12866 and 47 U.S.C. 214(d) .................. 2,272 47 U.S.C. 219(b) .................. 2,272 2015–020 added to the FAR the 13563 direct agencies to assess all costs 47 U.S.C. 220(d) .................. 11,362 simplified acquisition threshold for and benefits of available regulatory 47 U.S.C. 223(b) .................. 117,742 contracts to be awarded and performed, alternatives and, if regulation is 47 U.S.C. 227(e) .................. 10,874 or purchases to be made, outside the necessary, to select regulatory 32,622 United States in support of a approaches that maximize net benefits 1,087,450 humanitarian or peacekeeping (including potential economic, 47 U.S.C. 362(a) .................. 9,468 operation. environmental, public health and safety 47 U.S.C. 362(b) .................. 1,894 DATES: Effective June 30, 2016. effects, distributive impacts, and 47 U.S.C. 386(a) .................. 9,468 FOR FURTHER INFORMATION CONTACT: equity). E.O. 13563 emphasizes the 47 U.S.C. 386(b) .................. 1,894 Defense Acquisition Regulations importance of quantifying both costs 47 U.S.C. 503(b)(2)(A) ......... 47,340 System, Attn: Ms. Julie Hammond, and benefits, of reducing costs, of 473,402 harmonizing rules, and of promoting OUSD (AT&L) DPAP/DARS, Room 47 U.S.C. 503(b)(2)(B) ......... 189,361 flexibility. This is not a significant 1,893,610 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060, telephone regulatory action and, therefore, was not 47 U.S.C. 503(b)(2)(C) ......... 383,038 subject to review under section 6(b) of 3,535,740 571–372–6174. E.O. 12866, Regulatory Planning and 47 U.S.C. 503(b)(2)(D) ......... 18,936 SUPPLEMENTARY INFORMATION: Review, dated September 30. 142,021 108,745 I. Background IV. Applicability to Contracts at or 47 U.S.C. 503(b)(2)(F) .......... 1,087,450 DoD is amending the DFARS to delete Below the Simplified Acquisition 1,875 the supplemental definition for Threshold and for Commercial Items, 47 U.S.C. 507(a) .................. ........................ ‘‘simplified acquisition threshold’’ with Including Commercially Available Off- 47 U.S.C. 507(b) .................. 275 regard to humanitarian or peacekeeping the-Shelf Items 47 U.S.C. 554 ....................... 839 operations at DFARS part 202. This supplemental definition was included This case does not add any new * * * in DFARS when there was no existing provisions or clauses or impact any * * coverage in the FAR. The simplified existing provisions or clauses. * * acquisition threshold for humanitarian V. Regulatory Flexibility Act [FR Doc. 2016–14801 Filed 6–29–16; 8:45 am] or peacekeeping operations has been added to the FAR under final rule 2015– The Regulatory Flexibility Act does BILLING CODE 6712–01–P 020. There is no need to duplicate the not apply to this rule because this final definition in the DFARS; therefore, this rule does not constitute a significant rule removes the supplemental DFARS revision within the meaning of definition at DFARS part 202. FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public srobinson on DSK5SPTVN1PROD with RULES II. Publication of This Final Rule for comment. Public Comment Is Not Required by Statute VI. Paperwork Reduction Act 41 U.S.C. 1707, Publication of The rule does not contain any Proposed Regulations, is the statute that information collection requirements that applies to the publication of the Federal require the approval of the Office of Acquisition Regulation (FAR). Management and Budget under the VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1

Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 42557 Paperwork Reduction Act (44 U.S.C. via the Federal eRulemaking portal by increased opportunities to utilize the chapter 35). entering ‘‘DFARS Case 2016–D014’’ pilot program. under the heading ‘‘Enter keyword or List of Subjects in 48 CFR Part 202 II. Discussion and Analysis ID’’ and selecting ‘‘Search.’’ Select the Government procurement. link ‘‘Submit a Comment’’ that This rule amends DFARS subpart Jennifer L. Hawes, corresponds with ‘‘DFARS Case 2016– 212.71 by— D014.’’ Follow the instructions provided • Deleting the term ‘‘nontraditional Editor, Defense Acquisition Regulations at the ‘‘Submit a Comment’’ screen. defense contractor’’ and the associated System. Please include your name, company definition; Therefore, 48 CFR part 202 is name (if any), and ‘‘DFARS Case 2016– • Removing the requirement that amended as follows: D014’’ on your attached document. pilot program contracts be awarded Æ Email: osd.dfars@mail.mil. Include using competitive procedures; PART 202—DEFINITIONS OF WORDS DFARS Case 2016–D014 in the subject • Increasing the maximum contract AND TERMS award value threshold for use of the line of the message. Æ Fax: 571–372–6094. pilot program from $53.5 million to ■ 1. The authority citation for 48 CFR Æ Mail: Defense Acquisition $100 million; and part 202 continues to read as follows: • Revising the prescription for the Regulations System, Attn: Mr. Dustin Authority: 41 U.S.C. 1303 and 48 CFR provision at 252.212–7002 for use only chapter 1. Pitsch, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, when the pilot program will be used. 202.101 [Amended] Washington, DC 20301–3060. Conforming changes are made to Comments received generally will be DFARS provision 252.212–7002, Pilot ■ 2. Amend section 202.101 by posted without change to http:// Program for Acquisition of Military- removing the definition of ‘‘Simplified www.regulations.gov, including any Purpose Nondevelopmental Items, to acquisition threshold’’. personal information provided. To include removal of the requirement at [FR Doc. 2016–15236 Filed 6–29–16; 8:45 am] paragraph (c) for offerors to represent by confirm receipt of your comment(s), BILLING CODE 5001–06–P please check www.regulations.gov, submission of an offer that the firm is approximately two to three days after a nontraditional contractor. submission to verify posting (except This rule also makes one editorial DEPARTMENT OF DEFENSE change to provide at DFARS 212.7101 allow 30 days for posting of comments submitted by mail). the full text of the definitions of Defense Acquisition Regulations ‘‘military-purpose nondevelopmental System FOR FURTHER INFORMATION CONTACT: Mr. items’’ and ‘‘nondevelopmental items.’’ Dustin Pitsch, telephone 571–372–6090. 48 CFR Parts 212 and 252 SUPPLEMENTARY INFORMATION: III. Applicability to Contracts at or [Docket DARS–2016–0015] Below the Simplified Acquisition I. Background Threshold and for Commercial Items, RIN 0750–AI93 This interim rule revises the DFARS Including Commercially Available Off- to implement section 892 of the the-Shelf Items Defense Federal Acquisition Regulation Supplement: Pilot Program National Defense Authorization Act DoD does not intend to apply the on Acquisition of Military Purpose (NDAA) for Fiscal Year (FY) 2016 (Pub. requirements of section 892 of the Nondevelopmental Items (DFARS Case L. 114–92). Section 892 amends section NDAA for FY 2016 to contracts at or 2016–D014) 866 of the NDAA for FY 2011 (Pub. L. below the simplified acquisition 111–383) to modify the criteria for use threshold (SAT) or for the acquisition of AGENCY: Defense Acquisition of the pilot program on acquisition of commercial items, including Regulations System, Department of military purpose nondevelopmental commercially available off-the-shelf Defense (DoD). items. Section 892 removes the (COTS) items. ACTION: Interim rule. requirements under the program for the use of competitive procedures and for A. Applicability to Contracts at or Below SUMMARY: DoD is issuing an interim rule awards to be made to nontraditional the SAT amending the Defense Federal defense contractors. Section 892 also 41 U.S.C. 1905 governs the Acquisition Regulation Supplement increases the threshold for use of the applicability of laws to contracts or (DFARS) to implement a section of the pilot program to contracts up to $100 subcontracts in amounts not greater National Defense Authorization Act for million. than the simplified acquisition Fiscal Year 2016 that changes the Section 866 was implemented in threshold. It is intended to limit the criteria for the pilot program on DFARS rule 2011–D034, Pilot Program applicability of laws to such contracts or acquisition of military purpose on Acquisition of Military Purpose subcontracts. 41 U.S.C. 1905 provides nondevelopmental items. Nondevelopmental Items (77 FR 2653), that if a provision of law contains DATES: Effective June 30, 2016. which allowed for the creation of the criminal or civil penalties, or if the FAR Comment date: Comments on the pilot program to test whether the Council makes a written determination interim rule should be submitted in streamlined procedures, similar to those that it is not in the best interest of the writing to the address shown below on available for commercial items, can Federal Government to exempt contracts or before August 29, 2016 to be serve as an effective incentive for or subcontracts at or below the SAT, the srobinson on DSK5SPTVN1PROD with RULES considered in the formation of a final nontraditional defense contractors to law will apply to them. The Director, rule. channel investment and innovation into Defense Procurement and Acquisition ADDRESSES: Submit comments areas that are useful to DoD and provide Policy (DPAP), is the appropriate identified by DFARS Case 2016–D014, items developed exclusively at private authority to make comparable using any of the following methods: expense to meet validated military determinations for regulations to be Æ Regulations.gov: http:// requirements. The DFARS changes published in the DFARS, which is part www.regulations.gov. Submit comments proposed by this rule will allow for of the FAR system of regulations. DoD VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4700 Sfmt 4700 E:\FR\FM\30JNR1.SGM 30JNR1


Document Created: 2018-02-08 07:45:14
Document Modified: 2018-02-08 07:45:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective June 30, 2016.
ContactDefense Acquisition Regulations System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060, telephone 571-372- 6174.
FR Citation81 FR 42556 
RIN Number0750-AI89
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