83 FR 16004 - Defense Federal Acquisition Regulation Supplement: Educational Service Agreements (DFARS Case 2017-D039)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

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

Page Range		16004-16005
FR Document		2018-07735

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove limiting language related to educational service agreements. This deletion will allow DoD to make agreements that permit payment for Masters of Laws degrees and other legal training programs, in accordance with applicable law, regulation, and policy.

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

[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16004-16005]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-07735]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 237

[Docket DARS-2018-0013]
RIN 0750-AJ49


Defense Federal Acquisition Regulation Supplement: Educational 
Service Agreements (DFARS Case 2017-D039)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove limiting language 
related to educational service agreements. This deletion will allow DoD 
to make agreements that permit payment for Masters of Laws degrees and 
other legal training programs, in accordance with applicable law, 
regulation, and policy.

DATES: Effective April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Carrie Moore, telephone 571-372-6093.

SUPPLEMENTARY INFORMATION: 

I. Background

    DFARS subpart 237.72, Educational Service Agreements, prescribes 
policies and procedures for acquiring educational services from 
schools, colleges, universities, or other educational institutions. An 
educational service agreement (ESA) is an ordering

[[Page 16005]]

agreement under which the Government may acquire educational services. 
DFARS 237.7202(a) prohibits the use of ESAs as a contracting method for 
training in the legal profession, except when in connection with the 
detailing of commissioned officers to law schools under 10 U.S.C. 2004.
    The limitation at DFARS 237.7202(a) was established at a time when 
legal training was acquired only for the purpose of obtaining doctorate 
degrees for military judge advocates. DoD's need for legal training has 
evolved since the implementation of the text at DFARS 237.7202(a). 
Since 10 U.S.C. 2004 contains no prohibition against acquiring other 
training in the legal profession, this rule amends the DFARS to delete 
the language at DFARS 237.7202(a). Removal of this limitation will 
allow DoD to make agreements that permit payment for masters of laws 
degrees and other legal training needs, in accordance with applicable 
law, regulation, and policy.

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 codified at Title 41 of the United 
States Code (formerly known as the Office of Federal Procurement Policy 
Act). 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 it is simply allowing the contracting officer to use an ESA 
when acquiring training in the legal profession. Contracting officers 
can already use ESAs for the acquisition of training in any other 
profession. This requirement 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 the rule relates to agency 
organization, management, or personnel.

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 rule), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility 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 Part 237

    Government procurement.

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

    Therefore, 48 CFR part 237 is amended as follows:

PART 237--SERVICE CONTRACTING

0
1. The authority citation for part 237 continues to read as follows:

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


237.7202   [Amended]

0
2. Amend section 237.7202 by removing paragraph (a) and redesignating 
paragraph (b) as an undesignated paragraph.

[FR Doc. 2018-07735 Filed 4-12-18; 8:45 am]
 BILLING CODE 5001-06-P

16004 Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations

List of Subjects in 48 CFR Part 225 (4) Security conditions permit (B) For programs or projects valued at
effective implementation and oversight $40 million or more, a copy of the
Government procurement.
of the program or project; Congressional notification described in
Jennifer Lee Hawes, (5) Safeguards to detect, deter, and 225.7705–2(c).
Regulatory Control Officer, Editor, Defense mitigate corruption and waste, fraud, (b) After contract award, the
Acquisition Regulations System. and abuse of funds are in place; contracting officer shall review the
Therefore, 48 CFR part 225 is (6) Adequate arrangements have been requiring activity’s progress reports
amended as follows: made for the sustainment of the program (e.g., contracting officer’s representative
or project following its completion, reports) that addresses whether access
PART 225—FOREIGN ACQUISITION including arrangements with respect to continues to be safe or security
funding and technical capacity for conditions continue to permit effective
■ 1. The authority citation for part 225 sustainment; and implementation and oversight of the
continues to read as follows: (7) Meaningful metrics have been contract. If the requiring activity does
Authority: 41 U.S.C. 1303 and 48 CFR established to measure the progress and not affirm continued safe access or, if a
chapter 1. effectiveness of the program or project determination to waive the prohibition
in meeting its objectives. has been approved, that security
■ 2. Amend section 225.7700 by adding (b) The following officials are conditions continue to permit effective
paragraph (e) to read as follows: authorized to approve the determination implementation and oversight of the
225.7700 Scope. described in paragraph (a) of this contract, then the contracting officer
section: shall consult with the requiring activity
* * * * * (1) In the case of a program or project to take any appropriate actions.
(e) Section 216 of the National with an estimated lifecycle cost of less
Defense Authorization Act for Fiscal [FR Doc. 2018–07733 Filed 4–12–18; 8:45 am]
than $1 million, by the contracting
Year 2017 (Pub. L. 114–328). officer.
BILLING CODE 5001–06–P

* * * * * (2) In the case of a program or project
■ 3. Add sections 225.7705, 225.7705–1, with an estimated lifecycle cost of DEPARTMENT OF DEFENSE
225.7705–2, and 225.7705–3 to subpart $1 million or more, but less than
225.77 to read as follows: $20 million, by the senior U.S. officer in Defense Acquisition Regulations
the Combined Security Transition System
225.7705 Prohibition on use of funds for Command-Afghanistan.
contracts of certain programs and projects (3) In the case of a program or project
in Afghanistan that cannot be safely 48 CFR Part 237
with an estimated lifecycle cost of
accessed. [Docket DARS–2018–0013]
$20 million or more, but less than
This section implements section 1216 $40 million, by the Commander of RIN 0750–AJ49
of the National Defense Authorization United States Forces-Afghanistan.
Act for Fiscal Year 2017 (Pub. L. 114– (4) In the case of a program or project Defense Federal Acquisition
328). with an estimated lifecycle cost of Regulation Supplement: Educational
$40 million or more, by the Secretary of Service Agreements (DFARS Case
225.7705–1 Prohibition.
Defense. 2017–D039)
The contracting officer shall not (c) Congressional notification is
obligate or expend funds for a AGENCY: Defense Acquisition
required within 15 days of issuance of
construction or other infrastructure Regulations System, Department of
a determination to waive the prohibition
program or project of the Department in Defense (DoD).
for programs or projects valued at
Afghanistan if military or civilian $40 million or more in accordance with ACTION: Final rule.
personnel of the United States paragraph (b)(4) of this section.
Government or their representatives, SUMMARY: DoD is issuing a final rule
with authority to conduct oversight of 225.7705–3 Procedures. amending the Defense Federal
such program or project, cannot safely (a) The contracting officer shall not Acquisition Regulation Supplement
access such program or project. In obligate or expend funds for contracts (DFARS) to remove limiting language
limited circumstances, this prohibition for a construction or other infrastructure related to educational service
may be waived in accordance with program or project in Afghanistan, agreements. This deletion will allow
section 225.7705–2. awarded after December 23, 2016, DoD to make agreements that permit
unless the requiring activity provides payment for Masters of Laws degrees
225.7705–2 Waiver of prohibition.
the following documentation: and other legal training programs, in
(a) The prohibition in 225.7705–1 (1) Written affirmation that military or accordance with applicable law,
may be waived upon issuance of a civilian personnel of the United States regulation, and policy.
determination, approved in accordance Government or their representatives, DATES: Effective April 13, 2018.
with paragraph (b) of this section, that— with authority to conduct oversight of FOR FURTHER INFORMATION CONTACT:
(1) The program or project clearly such program or project, can safely Carrie Moore, telephone 571–372–6093.
contributes to United States national access such program or project; or SUPPLEMENTARY INFORMATION:
interests or strategic objectives; (2)(i) For programs or projects valued
(2) The Government of Afghanistan at less than $1 million, sufficient I. Background
has requested or expressed a need for DFARS subpart 237.72, Educational
daltland on DSKBBV9HB2PROD with RULES

information upon which to base the
the program or project; determination described in 225.7705– Service Agreements, prescribes policies
(3) The program or project has been 2(a); or and procedures for acquiring
coordinated with the Government of (ii)(A) For programs or projects valued educational services from schools,
Afghanistan, and with any other at $1 million or more, a copy of the colleges, universities, or other
implementing agencies or international approved determination described in educational institutions. An educational
donors; 225.7705–2(a) and (b); and service agreement (ESA) is an ordering

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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations 16005

agreement under which the Government reporting, recordkeeping, or other 237.7202 [Amended]
may acquire educational services. compliance requirements in this rule. ■ 2. Amend section 237.7202 by
DFARS 237.7202(a) prohibits the use of removing paragraph (a) and
IV. Executive Orders 12866 and 13563
ESAs as a contracting method for redesignating paragraph (b) as an
training in the legal profession, except Executive Orders (E.O.s) 12866 and undesignated paragraph.
when in connection with the detailing 13563 direct agencies to assess all costs [FR Doc. 2018–07735 Filed 4–12–18; 8:45 am]
of commissioned officers to law schools and benefits of available regulatory BILLING CODE 5001–06–P
under 10 U.S.C. 2004. alternatives and, if regulation is
The limitation at DFARS 237.7202(a) necessary, to select regulatory
was established at a time when legal approaches that maximize net benefits
DEPARTMENT OF COMMERCE
training was acquired only for the (including potential economic,
purpose of obtaining doctorate degrees environmental, public health and safety National Oceanic and Atmospheric
for military judge advocates. DoD’s need effects, distributive impacts, and Administration
for legal training has evolved since the equity). E.O. 13563 emphasizes the
implementation of the text at DFARS importance of quantifying both costs 50 CFR Part 660
237.7202(a). Since 10 U.S.C. 2004 and benefits, of reducing costs, of
contains no prohibition against harmonizing rules, and of promoting [Docket No. 160808696–7010–02]
acquiring other training in the legal flexibility. This is not a significant RIN 0648–BH86
profession, this rule amends the DFARS regulatory action and, therefore, was not
to delete the language at DFARS subject to review under section 6(b) of Magnuson-Stevens Act Provisions;
237.7202(a). Removal of this limitation E.O. 12866, Regulatory Planning and Fisheries Off West Coast States;
will allow DoD to make agreements that Review, dated September 30, 1993. This Pacific Coast Groundfish Fishery;
permit payment for masters of laws rule is not a major rule under 5 U.S.C. 2017–18 Biennial Specifications and
degrees and other legal training needs, 804. Management Measures; Inseason
in accordance with applicable law, Adjustments
V. Executive Order 13771
regulation, and policy.
AGENCY: National Marine Fisheries
II. Publication of This Final Rule for This rule is not subject to E.O. 13771, Service (NMFS), National Oceanic and
Public Comment Is Not Required by Reducing Regulation and Controlling Atmospheric Administration (NOAA),
Statute Regulatory Costs, because the rule Commerce.
relates to agency organization,
The statute that applies to the ACTION: Final rule; inseason adjustments
management, or personnel.
publication of the Federal Acquisition to biennial groundfish management
Regulation (FAR) is codified at Title 41 VI. Regulatory Flexibility Act measures.
of the United States Code (formerly Because a notice of proposed SUMMARY: This final rule announces
known as the Office of Federal rulemaking and an opportunity for inseason changes to management
Procurement Policy Act). Specifically, public comment are not required to be measures in the Pacific Coast groundfish
41 U.S.C. 1707(a)(1) requires that a given for this rule under 41 U.S.C. fisheries. This action, which is
procurement policy, regulation, 1707(a)(1) (see section II. of this rule), authorized by the Pacific Coast
procedure or form (including an the analytical requirements of the Groundfish Fishery Management Plan,
amendment or modification thereof) Regulatory Flexibility Act (5 U.S.C. 601 is intended to allow fisheries to access
must be published for public comment et seq.) are not applicable. Accordingly, more abundant groundfish stocks while
if it relates to the expenditure of no regulatory flexibility analysis is protecting overfished and depleted
appropriated funds, and has either a required and none has been prepared. stocks.
significant effect beyond the internal
operating procedures of the agency VII. Paperwork Reduction Act DATES: This final rule is effective April
issuing the policy, regulation, procedure 13, 2018.
or form, or has a significant cost or The rule does not contain any
FOR FURTHER INFORMATION CONTACT:
administrative impact on contractors or information collection requirements that
Karen Palmigiano, phone: 206–526–
offerors. This final rule is not required require the approval of the Office of
4491, fax: 206–526–6736, or email:
to be published for public comment, Management and Budget under the
karen.palmigiano@noaa.gov.
because it is simply allowing the Paperwork Reduction Act (44 U.S.C.
chapter 35). SUPPLEMENTARY INFORMATION:
contracting officer to use an ESA when
acquiring training in the legal List of Subjects in 48 CFR Part 237 Electronic Access
profession. Contracting officers can This rule is accessible via the internet
already use ESAs for the acquisition of Government procurement. at the Office of the Federal Register
training in any other profession. This Jennifer Lee Hawes, website at https://www.federalregister.
requirement affects only the internal Regulatory Control Officer Defense gov. Background information and
operating procedures of the Acquisition Regulations System. documents are available at the Pacific
Government. Fishery Management Council’s website
Therefore, 48 CFR part 237 is at http://www.pcouncil.org/.
III. Applicability to Contracts at or
amended as follows:
Below the Simplified Acquisition Background
daltland on DSKBBV9HB2PROD with RULES

Threshold and for Commercial Items, PART 237—SERVICE CONTRACTING The Pacific Coast Groundfish Fishery
Including Commercially Available Off-
Management Plan (PCGFMP) and its
the-Shelf Items ■ 1. The authority citation for part 237 implementing regulations at title 50 in
This rule does not add any new continues to read as follows: the Code of Federal Regulations (CFR),
provisions or clauses or impact existing Authority: 41 U.S.C. 1303 and 48 CFR part 660, subparts C through G, regulate
provisions or clauses. There are no chapter 1. fishing for over 90 species of groundfish

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Document Created: 2018-04-13 00:17:57
Document Modified: 2018-04-13 00:17:57

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		Carrie Moore, telephone 571-372-6093.
FR Citation		83 FR 16004
RIN Number		0750-AJ49

83 FR 16004 - Defense Federal Acquisition Regulation Supplement: Educational Service Agreements (DFARS Case 2017-D039)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

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

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System