83 FR 15994 - Defense Federal Acquisition Regulation Supplement: Definition of “Information Technology” (DFARS Case 2017-D033)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 72 (April 13, 2018)

Page Range		15994-15995
FR Document		2018-07734

DoD is issuing a final rule to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to relocate the definition of information technology within the DFARS.

Federal Register, Volume 83 Issue 72 (Friday, April 13, 2018)

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15994-15995]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07734]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202 and 239

[Docket DARS-2018-0013]
RIN 0750-AJ39


Defense Federal Acquisition Regulation Supplement: Definition of 
``Information Technology'' (DFARS Case 2017-D033)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to relocate the definition of 
information technology within the DFARS.

DATES: Effective April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571-
372-6100.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is relocating the definition of ``information technology'' from 
DFARS 202.101 to DFARS 239.7301. This specific definition of 
``information technology'' was established in section 806, entitled 
``Requirements for Information Relating to Supply Chain Risk,'' of the 
National Defense Authorization Act for Fiscal Year (FY) 2011 (Pub. L. 
111-383). Section 806(b)(6) used the definition of ``information 
technology'' in 40 U.S.C. 11101(6) to define a ``covered item of 
supply''. On October 30, 2015, DoD published in the Federal Register 
(80 FR 67244) the final rule for DFARS case 2012-D050, Requirements 
Relating to Supply Chain Risk, incorporating this ``information 
technology'' definition into DFARS 202.101, Definitions, as opposed to 
DFARS 239.7301, Definitions. This rule will align this specific 
definition of ``information technology'' with DFARS 239.73, 
Requirements for Information Relating to Supply Chain Risk, as 
originally intended in Public Law 111-383.

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 the Office of Federal Procurement 
Policy statute (codified at Title 41 of the United States Code). 
Specifically, 41 U.S.C. 1707(a)(1) 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 the rule merely 
relocates existing text within the DFARS. This rule affects only the 
internal operating procedures of the Government.

III. 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 add any new provisions or clauses or impact 
existing provisions or clauses. There are no reporting, recordkeeping, 
or other compliance requirements in this rule.

IV. 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.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, Reducing Regulation and 
Controlling Regulatory Costs, because this rule is not a significant 
regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility

[[Page 15995]]

analysis is required and none has been prepared.

VII. 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 Parts 202 and 239

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 202 and 239 are amended as follows:

0
1. The authority citation for parts 202 and 239 continues to read as 
follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101   [Amended]

0
2. Amend section 202.101 by removing the definition of ``Information 
technology.''

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

0
3. Amend section 239.7301 by adding the definition of ``Information 
technology'' in alphabetical order to read as follows:


239.7301   Definitions.

* * * * *
    Information technology (see 40 U.S.C 11101(6)) means, in lieu of 
the definition at FAR 2.1, any equipment, or interconnected system(s) 
or subsystem(s) of equipment, that is used in the automatic 
acquisition, storage, analysis, evaluation, manipulation, management, 
movement, control, display, switching, interchange, transmission, or 
reception of data or information by the agency.
    (1) For purposes of this definition, equipment is used by an agency 
if the equipment is used by the agency directly or is used by a 
contractor under a contract with the agency that requires--
    (i) Its use; or
    (ii) To a significant extent, its use in the performance of a 
service or the furnishing of a product.
    (2) The term ``information technology'' includes computers, 
ancillary equipment (including imaging peripherals, input, output, and 
storage devices necessary for security and surveillance), peripheral 
equipment designed to be controlled by the central processing unit of a 
computer, software, firmware and similar procedures, services 
(including support services), and related resources.
    (3) The term ``information technology'' does not include any 
equipment acquired by a contractor incidental to a contract.
* * * * *
[FR Doc. 2018-07734 Filed 4-12-18; 8:45 am]
 BILLING CODE 5001-06-P

15994 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations

78. It is further ordered that, pursuant DEPARTMENT OF DEFENSE requires that a procurement policy,
to § 1.429 of the Commission’s rules, 47 regulation, procedure or form (including
CFR 1.429 the Petition for Defense Acquisition Regulations an amendment or modification thereof)
Reconsideration filed by Verizon on System must be published for public comment
August 8, 2016 is denied in part to the if it relates to the expenditure of
extent described herein. 48 CFR Parts 202 and 239 appropriated funds, and has either a
[Docket DARS–2018–0013] significant effect beyond the internal
List of Subjects in 47 CFR Part 54 operating procedures of the agency
RIN 0750–AJ39 issuing the policy, regulation, procedure
Communications common carriers,
or form, or has a significant cost or
Health facilities, Infants and children, Defense Federal Acquisition administrative impact on contractors or
Internet, Libraries, Reporting and Regulation Supplement: Definition of offerors. This final rule is not required
recordkeeping requirements, Schools, ‘‘Information Technology’’ (DFARS to be published for public comment
Telecommunications, Telephone. Case 2017–D033) because the rule merely relocates
Federal Communications Commission. AGENCY: Defense Acquisition existing text within the DFARS. This
Marlene Dortch, Regulations System, Department of rule affects only the internal operating
Secretary. Defense (DoD). procedures of the Government.
ACTION: Final rule. III. Applicability to Contracts at or
Final Rules
SUMMARY: DoD is issuing a final rule to Below the Simplified Acquisition
For the reasons discussed in the amend the Defense Federal Acquisition Threshold and for Commercial Items,
preamble, the Federal Communications Regulation Supplement (DFARS) to Including Commercially Available Off-
Commission amends 47 CFR part 54 as relocate the definition of information the-Shelf Items
follows: technology within the DFARS. This rule does not add any new
DATES: Effective April 13, 2018. provisions or clauses or impact existing
PART 54—UNIVERSAL SERVICE provisions or clauses. There are no
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer Johnson, telephone 571–372– reporting, recordkeeping, or other
■ 1. The authority citation for part 54 6100. compliance requirements in this rule.
continues to read as follows:
SUPPLEMENTARY INFORMATION: IV. Executive Orders 12866 and 13563
Authority: 47 U.S.C. 151, 154(i), 155, 201,
205, 214, 219, 220, 254, 303(r), 403, and 1302 I. Background Executive Orders (E.O.s) 12866 and
unless otherwise noted. DoD is relocating the definition of 13563 direct agencies to assess all costs
‘‘information technology’’ from DFARS and benefits of available regulatory
■ 2. Amend § 54.315 by revising the alternatives and, if regulation is
section heading and paragraph (c)(1)(ii) 202.101 to DFARS 239.7301. This
specific definition of ‘‘information necessary, to select regulatory
to read as follows: approaches that maximize net benefits
technology’’ was established in section
§ 54.315 Application process for Connect 806, entitled ‘‘Requirements for (including potential economic,
America Fund phase II support distributed Information Relating to Supply Chain environmental, public health and safety
through competitive bidding. Risk,’’ of the National Defense effects, distributive impacts, and
Authorization Act for Fiscal Year (FY) equity). E.O. 13563 emphasizes the
* * * * *
2011 (Pub. L. 111–383). Section importance of quantifying both costs
(c) * * * 806(b)(6) used the definition of and benefits, of reducing costs, of
(1) * * * ‘‘information technology’’ in 40 U.S.C. harmonizing rules, and of promoting
11101(6) to define a ‘‘covered item of flexibility. This is not a significant
(ii) Once the recipient has met its 80
supply’’. On October 30, 2015, DoD regulatory action and, therefore, was not
percent service milestone, it may obtain
published in the Federal Register (80 subject to review under section 6(b) of
a new letter of credit or renew its E.O. 12866, Regulatory Planning and
existing letter of credit so that it is FR 67244) the final rule for DFARS case
2012–D050, Requirements Relating to Review, dated September 30, 1993. This
valued at a minimum at 60 percent of rule is not a major rule under 5 U.S.C.
the total support that has been Supply Chain Risk, incorporating this
‘‘information technology’’ definition 804.
disbursed plus the amount that will be
into DFARS 202.101, Definitions, as V. Executive Order 13771
disbursed in the coming year.
opposed to DFARS 239.7301,
* * * * * Definitions. This rule will align this This rule is not subject to E.O. 13771,
[FR Doc. 2018–07509 Filed 4–12–18; 8:45 am] specific definition of ‘‘information Reducing Regulation and Controlling
BILLING CODE 6712–01–P technology’’ with DFARS 239.73, Regulatory Costs, because this rule is
Requirements for Information Relating not a significant regulatory action under
to Supply Chain Risk, as originally E.O. 12866.
intended in Public Law 111–383. VI. Regulatory Flexibility Act
II. Publication of This Final Rule for Because a notice of proposed
Public Comment Is Not Required by rulemaking and an opportunity for
Statute public comment are not required to be
daltland on DSKBBV9HB2PROD with RULES

The statute that applies to the given for this rule under 41 U.S.C.
publication of the Federal Acquisition 1707(a)(1) (see section II. of this
Regulation (FAR) is the Office of Federal preamble), the analytical requirements
Procurement Policy statute (codified at of the Regulatory Flexibility Act (5
Title 41 of the United States Code). U.S.C. 601 et seq.) are not applicable.
Specifically, 41 U.S.C. 1707(a)(1) Accordingly, no regulatory flexibility

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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations 15995

analysis is required and none has been surveillance), peripheral equipment 10 U.S.C. 2382 imposed limitations
prepared. designed to be controlled by the central on the use of acquisition strategies
processing unit of a computer, software, involving consolidation, including
VII. Paperwork Reduction Act
firmware and similar procedures, requirements to identify alternative
The rule does not contain any services (including support services), approaches that would involve a lesser
information collection requirements that and related resources. degree of consolidation and to
require the approval of the Office of (3) The term ‘‘information determine that consolidation is
Management and Budget under the technology’’ does not include any necessary and justified. Section 44 of
Paperwork Reduction Act (44 U.S.C. equipment acquired by a contractor the Small Business Act (15 U.S.C. 657q)
chapter 35). incidental to a contract. contains similar limitations. The
List of Subjects in 48 CFR Parts 202 and * * * * * Federal Acquisition Regulation (FAR)
[FR Doc. 2018–07734 Filed 4–12–18; 8:45 am]
239 addresses consolidation, including the
BILLING CODE 5001–06–P
Government procurement. limitations of 15 U.S.C. 657q, at FAR
7.107. By removing the outdated DFARS
Jennifer Lee Hawes, coverage of consolidation, this rule will
Regulatory Control Officer, Defense
DEPARTMENT OF DEFENSE
reduce confusion among the DoD
Acquisition Regulations System. contracting workforce caused by
Defense Acquisition Regulations
Therefore, 48 CFR parts 202 and 239 System differing requirements in the FAR and
are amended as follows: DFARS.
■ 1. The authority citation for parts 202 48 CFR Parts 207, 210, and 219
II. Discussion and Analysis
and 239 continues to read as follows: [Docket DARS–2018–0014]
Authority: 41 U.S.C. 1303 and 48 CFR This rule deletes DFARS section
RIN 0750–AJ43
chapter 1. 207.170 in its entirety to remove the
Defense Federal Acquisition obsolete text on consolidation of
PART 202—DEFINITIONS OF WORDS contract requirements. In addition,
AND TERMS Regulation Supplement: Consolidation
of Contract Requirements (DFARS paragraphs (a)(i)(A) and (a)(ii)(A) of
202.101 [Amended] Case 2017–D004) DFARS section 210.001 are also deleted
to remove the reference to the deleted
■ 2. Amend section 202.101 by AGENCY: Defense Acquisition text at DFARS 207.170. In paragraph
removing the definition of ‘‘Information Regulations System, Department of (c)(11)(A) of the DFARS section 219.201,
technology.’’ Defense (DoD). the reference to deleted text at DFARS
ACTION: Final rule. 207.107 is replaced by a reference to
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY SUMMARY: DoD is issuing a final rule to FAR 7.107, where contract consolidate
amend the Defense Federal Acquisition and the limitations of 15 U.S.C. 657q are
■ 3. Amend section 239.7301 by adding currently addressed.
Regulation Supplement (DFARS) to
the definition of ‘‘Information
remove outdated coverage of III. Publication of This Final Rule for
technology’’ in alphabetical order to
consolidation of contract requirements. Public Comment Is Not Required by
read as follows:
DATES: Effective April 13, 2018. Statute
239.7301 Definitions. FOR FURTHER INFORMATION CONTACT: Ms.
* * * * * Jennifer D. Johnson, telephone 571– The statute that applies to the
Information technology (see 40 U.S.C 372–6100. publication of the Federal Acquisition
11101(6)) means, in lieu of the SUPPLEMENTARY INFORMATION: Regulation (FAR) is the Office of Federal
definition at FAR 2.1, any equipment, or Procurement Policy statute (codified at
interconnected system(s) or I. Background title 41 of the United States Code).
subsystem(s) of equipment, that is used DoD is amending the DFARS to Specifically, 41 U.S.C. 1707(a)(1)
in the automatic acquisition, storage, remove outdated coverage of requires that a procurement policy,
analysis, evaluation, manipulation, consolidation of contract requirements, regulation, procedure or form (including
management, movement, control, which is defined at DFARS 207.170 as an amendment or modification thereof)
display, switching, interchange, ‘‘the use of a solicitation to obtain offers must be published for public comment
transmission, or reception of data or for a single contract or multiple award if it relates to the expenditure of
information by the agency. contract to satisfy two or more appropriated funds, and has either a
(1) For purposes of this definition, requirements of a department, agency, significant effect beyond the internal
equipment is used by an agency if the or activity for supplies or services that operating procedures of the agency
equipment is used by the agency previously have been provided to, or issuing the policy, regulation, procedure
directly or is used by a contractor under performed for, that department, agency, or form, or has a significant cost or
a contract with the agency that or activity under two or more separate administrative impact on contractors or
requires— contracts.’’ This coverage implemented offerors. This final rule is not required
(i) Its use; or 10 U.S.C. 2382, which was repealed by
to be published for public comment
(ii) To a significant extent, its use in section 1671 of the National Defense
because the rule merely removes
the performance of a service or the Authorization Act for Fiscal Year 2013
daltland on DSKBBV9HB2PROD with RULES

obsolete text from the DFARS, which
furnishing of a product. (Pub. L. 112–239). Section 1671 also
(2) The term ‘‘information amended section 44 of the Small affects only the internal operating
technology’’ includes computers, Business Act (15 U.S.C. 657q) to remove procedures of the Government.
ancillary equipment (including imaging the requirement for DoD to comply with
peripherals, input, output, and storage 10 U.S.C. 2382. As a result, DoD is now
devices necessary for security and required to comply with 15 U.S.C. 657q.

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Document Created: 2018-04-13 00:18:22
Document Modified: 2018-04-13 00:18:22

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 April 13, 2018.
Contact		Ms. Jennifer Johnson, telephone 571- 372-6100.
FR Citation		83 FR 15994
RIN Number		0750-AJ39
CFR Citation		48 CFR 202 48 CFR 239

83 FR 15994 - Defense Federal Acquisition Regulation Supplement: Definition of “Information Technology” (DFARS Case 2017-D033)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 83, Issue 72 (April 13, 2018)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System