81_FR_94124 81 FR 93878 - Defense Federal Acquisition Regulation Supplement: Independent Research and Development Expenses (DFARS Case 2016-D017)

81 FR 93878 - Defense Federal Acquisition Regulation Supplement: Independent Research and Development Expenses (DFARS Case 2016-D017)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 246 (December 22, 2016)

Page Range93878-93879
FR Document2016-30750

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to ensure that substantial future independent research and development expenses, as a means to reduce evaluated bid prices in competitive source selections, are evaluated in a uniform way during competitive source selections. The comment period on the proposed rule is extended 30 days.

Federal Register, Volume 81 Issue 246 (Thursday, December 22, 2016)
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Proposed Rules]
[Pages 93878-93879]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30750]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 215 and 252

[Docket DARS-2016-0004]
RIN 0750-AI84


Defense Federal Acquisition Regulation Supplement: Independent 
Research and Development Expenses (DFARS Case 2016-D017)

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

ACTION: Proposed rule; extension of comment period.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to ensure that substantial future 
independent research and development expenses, as a means to reduce 
evaluated bid prices in competitive source selections, are evaluated in 
a uniform way during competitive source selections. The comment period 
on the proposed rule is extended 30 days.

DATES: For the proposed rule published on November 4, 2016 (81 FR 
78014), submit comments by February 2, 2017.

ADDRESSES: Submit comments identified by DFARS Case 2016-D017, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2016-D017.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2016-D017'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2016-D017 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Mr. Mark 
Gomersall, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal 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).

[[Page 93879]]


FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6099.

SUPPLEMENTARY INFORMATION: 

I. Background

    On November 4, 2016, DoD published a proposed rule in the Federal 
Register at 81 FR 78014 to revise the DFARS to ensure that substantial 
future independent research and development (IR&D) expenses, used as a 
means to reduce evaluated bid prices, are evaluated in a uniform way 
during competitive source selections.
    The comment period for the proposed rule is extended 30 days, from 
January 3, 2017, to February 2, 2017, to provide additional time for 
interested parties to comment on the proposed DFARS changes.

List of Subjects in 48 CFR Parts 215 and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2016-30750 Filed 12-21-16; 8:45 am]
 BILLING CODE 5001-06-P



                                               93878               Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Proposed Rules

                                               PART 219—SMALL BUSINESS                                 SUBPART 237.7X—COMPETITION FOR                           (End of provision)
                                               PROGRAMS                                                RELIGIOUS-RELATED SERVICES                            [FR Doc. 2016–30597 Filed 12–21–16; 8:45 am]
                                                                                                                                                             BILLING CODE 5001–06–P
                                               ■ 4. Add sections 219.270, 219.270–1,                   237.7X00     Scope of subpart.
                                               219.270–2, and 219.270–3 to subpart                       This subpart provides policy and
                                               219.2 to read as follows:                               guidance for the acquisition of religious-            DEPARTMENT OF DEFENSE
                                                                                                       related services to be performed on a
                                               219.270 Religious-related services—                     U.S. military installation in accordance              Defense Acquisition Regulations
                                               inclusion of nonprofit organizations.                   with section 898 of the National Defense              System
                                               219.270–1    Definition.                                Authorization Act for Fiscal Year 2016
                                                                                                       (Pub. L. 114–92).                                     48 CFR Parts 215 and 252
                                                 Nonprofit organization, as used in
                                               this section, means any organization                    237.7X01     Definition.                              [Docket DARS–2016–0004]
                                               that is—                                                  As used in this subpart—                            RIN 0750–AI84
                                                                                                         Nonprofit organization means any
                                                 (1) Described in section 501(c) of the                organization that is—
                                               Internal Revenue Code of 1986; and                                                                            Defense Federal Acquisition
                                                                                                         (1) Described in section 501(c) of the              Regulation Supplement: Independent
                                                 (2) Exempt from tax under section                     Internal Revenue Code of 1986; and                    Research and Development Expenses
                                               501(a) of that Code.                                      (2) Exempt from tax under section                   (DFARS Case 2016–D017)
                                                                                                       501(a) of that Code.
                                               219.270–2    Procedures.                                                                                      AGENCY:  Defense Acquisition
                                                                                                       237.7X02     Policy.                                  Regulations System, Department of
                                                 (a) To comply with section 898 of the
                                                                                                          (a) A nonprofit organization shall not             Defense (DoD).
                                               National Defense Authorization Act for
                                                                                                       be precluded from competing for a                     ACTION: Proposed rule; extension of
                                               Fiscal Year 2016 (Pub. L. 114–92), when
                                                                                                       contract for religious-related services to            comment period.
                                               acquiring religious-related services to be
                                                                                                       be performed on a U.S. military
                                               performed on a U.S. military                                                                                  SUMMARY:   DoD is proposing to amend
                                                                                                       installation.
                                               installation—                                              (b) See 219.270 when an acquisition                the Defense Federal Acquisition
                                                 (1) Do not preclude a nonprofit                       for religious-related services to be                  Regulation Supplement (DFARS) to
                                               organization from competing, even                       performed on a U.S. military installation             ensure that substantial future
                                               when the acquisition is set aside for                   is set aside for any of the small business            independent research and development
                                               small businesses as identified in FAR                   concerns identified in FAR 19.000(a)(3).              expenses, as a means to reduce
                                               19.000(a)(3); and                                                                                             evaluated bid prices in competitive
                                                 (2) Do not use any of the sole source                 PART 252—SOLICITATION                                 source selections, are evaluated in a
                                               exceptions at FAR 6.302–5(b)(4) through                 PROVISIONS AND CONTRACT                               uniform way during competitive source
                                               (7) for such acquisitions.                              CLAUSES                                               selections. The comment period on the
                                                                                                                                                             proposed rule is extended 30 days.
                                                 (b) If the apparently successful offeror              ■ 6. Add section 252.219–70XX to read
                                                                                                       as follows:                                           DATES: For the proposed rule published
                                               has not represented in its quotation or                                                                       on November 4, 2016 (81 FR 78014),
                                               offer that it is one of the small business              252.219–70XX Competition for Religious-               submit comments by February 2, 2017.
                                               concerns identified in FAR 19.000(a)(3),                Related Services.                                     ADDRESSES: Submit comments
                                               the contracting officer shall verify that                 As prescribed in 219.270–3, use the                 identified by DFARS Case 2016–D017,
                                               the offeror is registered in the System                 following provision: COMPETITION                      using any of the following methods:
                                               for Award Management database as a                      FOR RELIGIOUS-RELATED SERVICES                           Æ Federal eRulemaking Portal: http://
                                               nonprofit organization.                                 (DATE)                                                www.regulations.gov. Search for
                                               219.270–3    Solicitation provision.                      (a) Definition. As used in this                     ‘‘DFARS Case 2016–D017.’’ Select
                                                                                                       provision—                                            ‘‘Comment Now’’ and follow the
                                                 Use the provision 252.219–70XX,                         Nonprofit organization means any                    instructions provided to submit a
                                               Competition for Religious-Related                       organization that is—                                 comment. Please include ‘‘DFARS Case
                                               Services, in solicitations, including                     (1) Described in section 501(c) of the              2016–D017’’ on any attached
                                               solicitations using FAR part 12                         Internal Revenue Code of 1986; and                    documents.
                                               procedures for the acquisition of                         (2) Exempt from tax under section                      Æ Email: osd.dfars@mail.mil. Include
                                               commercial items, for the acquisition of                501(a) of that Code.                                  DFARS Case 2016–D017 in the subject
                                               religious-related services to be                          (b) A nonprofit organization is not                 line of the message.
                                               performed on U.S. military installations,               precluded from competing for a contract                  Æ Fax: 571–372–6094.
                                               when the acquisition is set aside for any               for religious-related services to be                     Æ Mail: Defense Acquisition
                                               of the small business concerns                          performed on a U.S. military installation             Regulations System, Attn: Mr. Mark
                                               identified in FAR 19.000(a)(3).                         notwithstanding that a nonprofit                      Gomersall, OUSD(AT&L)DPAP/DARS,
                                                                                                       organization is not a small business                  Room 3B941, 3060 Defense Pentagon,
                                               PART 237—Service Contracting                            concern as identified in FAR                          Washington, DC 20301–3060.
                                                                                                       19.000(a)(3).                                            Comments received generally will be
                                               ■ 5. Add new subpart 237.7X to read as                    (c) If the apparently successful offeror            posted without change to http://
                                               follows:                                                has not represented in its offer or                   www.regulations.gov, including any
Lhorne on DSK30JT082PROD with PROPOSALS




                                                                                                       quotation that it is a small business                 personal information provided. To
                                               SUBPART 237.7X—COMPETITION FOR                          concern identified in FAR 19.000(a)(3),               confirm receipt of your comment(s),
                                               RELIGIOUS-RELATED SERVICES                              as appropriate to the solicitation, the               please check www.regulations.gov,
                                               Sec.                                                    Contracting Officer will verify that the              approximately two to three days after
                                               237.7X00    Scope of subpart.                           offeror is registered in the System for               submission to verify posting (except
                                               237.7X01    Definition.                                 Award Management (SAM) database as                    allow 30 days for posting of comments
                                               237.7X02    Policy.                                     a nonprofit organization.                             submitted by mail).


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                                                                   Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Proposed Rules                                              93879

                                               FOR FURTHER INFORMATION CONTACT:  Mr.                   submitted need not be resubmitted, as                 longer the appropriate determination for
                                               Mark Gomersall, Defense Acquisition                     they will be fully considered in                      the subspecies, meaning that current
                                               Regulations System,                                     preparation of the final listing                      data indicate that the original
                                               OUSD(AT&L)DPAP/DARS, Room                               determination.                                        classification may be erroneous. We
                                               3B941, 3060 Defense Pentagon,                           DATES: The comment period for the                     sought information, data, and comments
                                               Washington, DC 20301–3060.                              proposed rule that published June 4,                  from the public regarding the proposal
                                               Telephone 571–372–6099.                                 2015 (80 FR 31875), is reopened. To                   for 60 days, ending August 3, 2015.
                                               SUPPLEMENTARY INFORMATION:                              allow us adequate time to consider your                  We are reopening the comment period
                                                                                                       comments on the proposed rule, we                     on that proposed rule for an additional
                                               I. Background
                                                                                                       must receive your comments on or                      30 days (see DATES) while we
                                                  On November 4, 2016, DoD published                   before January 23, 2017.                              simultaneously issue a notice in local
                                               a proposed rule in the Federal Register                 ADDRESSES: Written comments: You may                  newspapers. We will accept written
                                               at 81 FR 78014 to revise the DFARS to                   submit comments on the proposed rule                  comments and information during this
                                               ensure that substantial future                          and draft post-delisting monitoring plan              reopened comment period. In particular,
                                               independent research and development                    by one of the following methods:                      we seek comments concerning the
                                               (IR&D) expenses, used as a means to                        • Federal eRulemaking Portal: Go to                following:
                                               reduce evaluated bid prices, are                        the Federal eRulemaking Portal: http://                 (1) New information concerning the
                                               evaluated in a uniform way during                       www.regulations.gov. In the Search box,               taxonomic classification and
                                               competitive source selections.                          enter the docket number for the                       conservation status of Hualapai Mexican
                                                  The comment period for the proposed                  proposed rule, which is FWS–R2–ES–                    voles and Mexican voles in general;
                                               rule is extended 30 days, from January                  2015–0028. Then click on the Search                     (2) New information on the historical
                                               3, 2017, to February 2, 2017, to provide                button. On the resulting page, you may                and current status, range, distribution,
                                               additional time for interested parties to               submit a comment by clicking on                       and population size of Hualapai
                                               comment on the proposed DFARS                           ‘‘Comment Now!’’ Please ensure that                   Mexican voles, including the locations
                                               changes.                                                you have found the correct rulemaking                 of any additional populations; and
                                               List of Subjects in 48 CFR Parts 215 and                before submitting your comment.                         (3) New information regarding the life
                                               252                                                        • By U.S. mail or hand-delivery:                   history, ecology, and habitat use of
                                                                                                       Public Comments Processing, Attn:                     Hualapai Mexican voles.
                                                 Government procurement.                               Docket No. FWS–R2–ES–2015–0028,
                                               Jennifer L. Hawes,                                      U.S. Fish and Wildlife Service, MS:                   Please refer to the proposed rule for
                                                                                                       BPHC, 5275 Leesburg Pike, Falls                       more information on our proposed
                                               Editor, Defense Acquisition Regulations
                                               System.                                                 Church, VA 22041–3803.                                action and the specific information we
                                                                                                          We request that you send comments                  seek.
                                               [FR Doc. 2016–30750 Filed 12–21–16; 8:45 am]
                                               BILLING CODE 5001–06–P
                                                                                                       only by the methods described above.                    You may submit your comments and
                                                                                                       We will post all comments on http://                  materials concerning the proposed rule
                                                                                                       www.regulations.gov. This generally                   by one of the methods listed in
                                                                                                       means that we will post any personal                  ADDRESSES. Before including your
                                               DEPARTMENT OF THE INTERIOR
                                                                                                       information you provide us (see                       address, phone number, email address,
                                               Fish and Wildlife Service                               SUPPLEMENTARY INFORMATION for more                    or other personal identifying
                                                                                                       information).                                         information in your comment, you
                                               50 CFR Part 17                                             Document availability: Comments and                should be aware that your entire
                                                                                                       materials we receive, as well as                      comment—including your personal
                                               [Docket No. FWS–R2–ES–2015–0028;                        supporting documentation we used in                   identifying information—may be made
                                               FXES11130900000C2–167–FF09E32000]                       preparing the proposed rule, will be                  publicly available at any time. All
                                               RIN 1018–AX99                                           available for public inspection on http://            comments and recommendations,
                                                                                                       www.regulations.gov under Docket No.                  including names and addresses, will
                                               Endangered and Threatened Wildlife                      FWS–R2–ES–2015–0028.                                  become part of the administrative
                                               and Plants; Removal of the Hualapai                     FOR FURTHER INFORMATION CONTACT:                      record.
                                               Mexican Vole From the Federal List of                   Steven Spangle, Field Supervisor, U.S.                  If you submit information via http://
                                               Endangered and Threatened Wildlife                      Fish and Wildlife Service, Arizona                    www.regulations.gov, your entire
                                               AGENCY:   Fish and Wildlife Service,                    Ecological Services Field Office, 9828                comment—including any personal
                                               Interior.                                               North 31st Avenue, #C3, Phoenix,                      identifying information—will be posted
                                                                                                       Arizona 85051–2517; telephone (602)                   on the Web site. If you mail or hand-
                                               ACTION: Proposed rule; reopening of
                                                                                                       242–0210. Individuals who are hearing-                deliver a hardcopy comment that
                                               comment period.
                                                                                                       impaired or speech-impaired may call                  includes personal identifying
                                               SUMMARY:   We, the U.S. Fish and                        the Federal Relay Service at (800) 877–               information, you may request at the top
                                               Wildlife Service (Service), announce the                8339 for TTY assistance 24 hours a day,               of your document that we withhold this
                                               reopening of the comment period on our                  7 days a week.                                        information from public review, but we
                                               proposed rule to remove the Hualapai                    SUPPLEMENTARY INFORMATION: On June 4,                 cannot guarantee that we will be able to
                                               Mexican vole from the Federal List of                   2015, we published a proposed rule (80                do so. To ensure that the electronic
                                               Endangered and Threatened Wildlife.                     FR 31875) to remove the Hualapai                      docket for this rulemaking is complete
Lhorne on DSK30JT082PROD with PROPOSALS




                                               We are reopening the comment period                     Mexican vole from the List of                         and all comments we receive are
                                               for 30 days in order to publish a                       Endangered and Threatened Wildlife in                 publicly available, we will post all
                                               summary of the proposed regulation in                   title 50 of the Code of Federal                       hardcopy submissions on http://
                                               a newspaper of general circulation and                  Regulations (50 CFR 17.11(h)). We are                 www.regulations.gov.
                                               to allow for all interested parties further             proposing this action because the                       Authority: The authority for this action is
                                               opportunity to comment on the                           available information indicates the                   the Endangered Species Act of 1973, as
                                               proposed rule. Comments previously                      original scientific classification is no              amended (16 U.S.C. 1531 et seq.).



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Document Created: 2016-12-21 23:52:02
Document Modified: 2016-12-21 23:52:02
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; extension of comment period.
DatesFor the proposed rule published on November 4, 2016 (81 FR 78014), submit comments by February 2, 2017.
ContactMr. Mark Gomersall, Defense Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6099.
FR Citation81 FR 93878 
RIN Number0750-AI84
CFR Citation48 CFR 215
48 CFR 252

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