83 FR 24888 - Defense Federal Acquisition Regulation Supplement: Delegation of Special Emergency Procurement Authority (DFARS Case 2018-D024)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 104 (May 30, 2018)

Page Range		24888-24890
FR Document		2018-11341

DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delegate to the head of the contracting activity the decision authorities provided to the head of the agency by sections of the National Defense Authorization Act for Fiscal Year 2018 that provide new special emergency procurement authorities. This final rule also makes conforming changes to nonstatutory emergency acquisition flexibilities relating to item-unique identification, receipt of only one offer, and limitations on time-and-materials contracts.

Federal Register, Volume 83 Issue 104 (Wednesday, May 30, 2018)

[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24888-24890]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-11341]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211, 215, 216, 218, and 225

[Docket DARS-2018-0026]
RIN 0750-AJ86


Defense Federal Acquisition Regulation Supplement: Delegation of 
Special Emergency Procurement Authority (DFARS Case 2018-D024)

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

ACTION: Final rule.

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

SUMMARY: DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to delegate to the head of the contracting activity 
the decision authorities provided to the head of the agency by sections 
of the National Defense Authorization Act for Fiscal Year 2018 that 
provide new special emergency procurement authorities. This final rule 
also makes conforming changes to nonstatutory emergency acquisition 
flexibilities relating to item-unique identification, receipt of only 
one offer, and limitations on time-and-materials contracts.

DATES: Effective May 30, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION:

I. Background

    Sections 816 and 164 of the National Defense Authorization Act 
(NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91) add new special 
emergency procurement authorities to include acquisitions, as 
determined by the head of the agency, that facilitate defense against 
or recovery from cyber attack; facilitate the provision of 
international disaster assistance; or support response to an emergency 
or major disaster. These sections 816 and 1641 are being implemented in 
the Federal Acquisition Regulation (FAR) under FAR Case 2018-009.
    Prior to this final rule, DFARS 218.271 delegated to the head of 
the contracting activity the determination authority for application of 
the previously existing special emergency procurement authorities 
(support of a contingency operation or to facilitate defense against or 
recovery from nuclear, biological, chemical, or radiological attack). 
In addition, the DFARS has provided nonstatutory emergency acquisition 
flexibilities relating to item-unique identification, receipt of only 
one offer, and limitations on time-and-materials contracts in 
circumstances similar to, but somewhat more expansive than those 
covered by the statutory special emergency procurement authorities.

II. Discussion and Analysis

    This final rule delegates authority to the head of the contracting 
activity at DFARS 218.271 (redesignated 218.270) whatever special 
procurement authorities are specified in the FAR. This final rule also 
makes conforming changes to nonstatutory emergency acquisition 
flexibilities relating to item-unique identification (DFARS 211.274-
2(b)(1)), receipt of only one offer (DFARS 215.371-4(a)(2)), and 
limitations on time-and-materials contracts (DFARS 216.601(d)(i)(A)(3)) 
and the associated references in part 218.
    However, this final rule does not provide an exception at DFARS 
211.274-2(b)(1) to the requirement for item unique identification, for 
acquisitions that facilitate defense against or recovery from cyber 
attack, because one of the reasons for use of item-unique 
identification is to ensure item-level traceability throughout the 
lifecycle to enhance cyber security (DFARS 211.274-1(e)). Therefore, in

[[Page 24889]]

order to facilitate defense against or recovery from a cyber attack, 
item unique identification is particularly required for high-risk items 
identified by the requiring activity as a target of cyber threats, 
regardless of dollar value (DFARS 211.274-2(a)(3)(v)).
    In addition, the coverage at DFARS 218.270 of the increased 
simplified acquisition threshold when a humanitarian or peacekeeping 
operation is declared has been removed from DFARS, because it is now 
covered in the FAR in the definition of ``simplified acquisition 
threshold'' in FAR 2.101 and at DFARS 218.204.

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 solicitation provisions or contract 
clauses. It does add exceptions to the required use of the clause at 
DFARS 252.211-7003, Item Unique Identification and Valuation. The 
clause is not required when acquiring items to be used to support a 
humanitarian or peacekeeping operation or to facilitate the provision 
of international disaster assistance or to support response to an 
emergency or major disaster. This clause already applies to the 
acquisition of commercial items, but this rule will reduce the required 
usage of the clause.

IV. 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 
primarily affects the internal operating procedures of the Government. 
Specifically, this rule:
     Delegates the special emergency procurement authorities to 
the head of the contracting activity at DFARS 218.270.
     Makes conforming changes to the exception to the only one 
offer policy (DFARS 215.371-5) and the exception to the required 
approval of the determination and findings for time-and-materials or 
labor-hour contracts (DFARS 216.601(d)(i)(A)(3)) when the acquisition 
is to facilitate defense against or recovery from a cyber attack, to 
facilitate the provision of international disaster assistance, or to 
support response to an emergency or major disaster; and the 
corresponding references in DFARS part 218 and 225.
     Adds an exception to the policy at DFARS 211.274-2(b)(1) 
for providing DoD item unique identification when the acquisition is in 
support of a humanitarian or peacekeeping operation, facilitates the 
provision of international disaster assistance, or supports response to 
an emergency or major

V. 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.

VI. Executive Order 13771

    This rule is not an Executive Order (E.O.) 13771, Reducing 
Regulation and Controlling Regulatory Costs, regulatory action, because 
the rule relates to agency organization, management, or personnel.

VII. 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 VI. 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 analysis is 
required and none has been prepared.

VIII. Paperwork Reduction Act

    The rule will result in a de minimis reduction of burden hours 
through slight reduction in use of DFARS clause 252.211-7003. When 
contractors utilize Wide Area Workflow in accordance with DFARS 
252.232-7003 and Appendix F, the item unique identification information 
required by DFARS 252.211-7003 is automatically transmitted to the IUID 
Registry. The burden imposed by DFARS 252.211-7003 is approved by the 
Office of Management and Budget under OMB clearance 0704-0248, Appendix 
F, Inspection and Receiving, in accordance with the Paperwork Reduction 
Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 211, 215, 216, 218, and 225

    Government procurement.

Amy G. Williams,
Deputy, Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211, 215, 216, 218, and 225 are amended as 
follows:

0
1. The authority citation for parts 211, 215, 216, 218, and 225 
continues to read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS

0
2. In section 211.274-2, revise paragraph (b)(1) to read as follows:


211.274-2   Policy for item unique identification.

* * * * *
    (b) * * *
    (1) The items, as determined by the head of the contracting 
activity, are to be used to support a contingency or humanitarian or 
peacekeeping operation; to facilitate defense against or recovery from 
nuclear, biological, chemical, or radiological attack; to facilitate 
the provision of international disaster assistance; or to support 
response to an emergency or major disaster; or
* * * * *

PART 215--CONTRACTING BY NEGOTIATION

0
3. In section 215.371-4, revise paragraph (a)(2) to read as follows:


215.371-4   Exceptions.

    (a) * * *
    (2) Acquisitions, as determined by the head of the contracting 
activity, in support of contingency or humanitarian or peacekeeping 
operations; to facilitate defense against or recovery from cyber, 
nuclear, biological, chemical, or radiological attack; to facilitate 
the provision of international disaster

[[Page 24890]]

assistance; or to support response to an emergency or major disaster;
* * * * *

PART 216--TYPES OF CONTRACTS

0
4. In section 216.601, revise paragraph (d)(i)(A)(3) to read as 
follows:


216.601   Time-and-materials contracts.

    (d) * * *
    (i) * * *
    (A) * * *
    (3) Exception. The approval requirements in paragraphs (d)(i)(A)(1) 
and (2) of this section do not apply to contracts that, as determined 
by the head of the contracting activity--
    (i) Support contingency or humanitarian or peacekeeping operations;
    (ii) Facilitate defense against or recovery from conventional, 
cyber, nuclear, biological, chemical or radiological attack;
    (iii) Facilitate the provision of international disaster 
assistance; or
    (iv) Support response to an emergency or major disaster.
* * * * *

PART 218--EMERGENCY ACQUISITIONS

0
5. Amend section 218.201 by--
0
a. In paragraph (2), removing ``agency'' and adding ``contracting 
activity'' in its place;
0
b. Redesignating paragraphs (7) through (10) as paragraphs (9) through 
(12), respectively; and
0
c. Adding new paragraphs (7) and (8) to read as follows:


218.201  Contingency operation.

* * * * *
    (7) Only one offer. The requirements at sections 215.371-2 do not 
apply to acquisitions, as determined by the head of the contracting 
activity, in support of a contingency operation. See 215.371-4(a)(2).
    (8) Approval of determination and findings for time-and-materials 
or labor-hour contracts. The approval requirements in paragraphs 
(d)(i)(A)(1) and (2) of this section do not apply to contracts that, as 
determined by the head of the contracting activity, support 
contingency. See 216.601(d)(3).
* * * * *

0
6. Revise section 218.202 to read as follows:


218.202  Defense or recovery from certain events.

    For acquisitions that, as determined by the head of the contracting 
activity, are to facilitate defense against or recovery from cyber, 
nuclear, biological, chemical, or radiological attack; to facilitate 
provision of international disaster assistance; or to support response 
to an emergency or major disaster, the following requirements do not 
apply:
    (1) Policy for unique item identification at 211.274-2(a). 
Contractors are not required to provide DoD unique item identification 
if the items are to be used to facilitate defense against or recovery 
from nuclear, biological, chemical, or radiological attack. However, 
contractors are not exempt from this requirement if the items are to be 
used to facilitate defense against or recovery from cyber attack. See 
211.274-2(b).
    (2) Only one offer requirements at section 215.371-2. See 215.371-
4(a)(2).
    (3) Approval of determination and findings for time-and-materials 
or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). See 
216.601(d)(3).

0
7. Add section 218.204 to read as follows:


218.204  Humanitarian or peacekeeping operation.

    The following requirements do not apply to acquisitions that, as 
determined by the head of the contracting activity, are in support of 
humanitarian or peacekeeping operations:
    (1) Policy for item unique identification at 211.274-2(a). See 
211.274-2(b).
    (2) Only one offer requirements at sections 215.371-2. See 215.371-
4(a)(2).
    (3) Approval of determination and findings for time-and-materials 
or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). See 
216.601(d)(3).


218.270   [Removed]

0
8. Remove section 218.270.


218.271  [Redesignated as 218.270]

0
9. Redesignate section 218.271 as section 218.270 and revise the 
introductory text and paragraph (a) to read as follows:


218.270   Head of contracting activity determinations.

    The term ``head of the agency'' is replaced with ``head of the 
contracting activity,'' as defined in FAR 2.101, in the following 
locations:
    (a) FAR 2.101: definition of ``simplified acquisition threshold.''
* * * * *


218.272   [Redesignated as 218.271 and Amended]

0
10. Redesignate section 218.272 as section 218.271 and remove ``PGI 
218.272'' and add ``PGI 218.271'' in its place.

PART 225--FOREIGN ACQUISITION


225.374   [Amended]

0
11. Amend section 225.374 by removing ``See 218.272'' and adding ``See 
218.271'' in its place.
[FR Doc. 2018-11341 Filed 5-29-18; 8:45 am]
 BILLING CODE 5001-06-P

24888 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations

equity). E.O. 13563 emphasizes the ■ b. Redesignating paragraphs (2)(v) FOR FURTHER INFORMATION CONTACT: Ms.
importance of quantifying both costs through (xiv) as paragraphs (iv) through Amy Williams, telephone 571–372–
and benefits, of reducing costs, of (xiii), respectively. 6106.
harmonizing rules, and of promoting SUPPLEMENTARY INFORMATION:
flexibility. The Office of Management PART 212—ACQUISITION OF
and Budget, Office of Information and COMMERCIAL ITEMS I. Background
Regulatory Affairs (OIRA), has 212.301 [Amended] Sections 816 and 164 of the National
determined that this is not a significant Defense Authorization Act (NDAA) for
regulatory action as defined under ■ 3. Amend section 212.301 by—
Fiscal Year (FY) 2018 (Pub. L. 115–91)
section 3(f) of E.O. 12866 and, therefore, ■ a. Removing paragraph (f)(viii); and
add new special emergency
was not subject to review under section ■ b. Redesignating paragraphs (f)(ix)
procurement authorities to include
6(b). This rule is not a major rule as through (xx) as paragraphs (f)(viii)
acquisitions, as determined by the head
defined at 5 U.S.C. 804(2). through (xix), respectively.
of the agency, that facilitate defense
V. Exe This rule is not an E.O. 13771, PART 222—APPLICATION OF LABOR against or recovery from cyber attack;
Reducing and Controlling Regulatory LAWS TO GOVERNMENT facilitate the provision of international
Costs, regulatory action, because this ACQUISITIONS disaster assistance; or support response
rule is not significant under E.O. to an emergency or major disaster.
12866.cutive Order 13771 222.1771 [Removed] These sections 816 and 1641 are being
■ 4. Remove section 222.1771. implemented in the Federal Acquisition
This rule is not an E.O. 13771,
Regulation (FAR) under FAR Case
Reducting and Controlling Regulatory
PART 252—SOLICITATION 2018–009.
Costs, regulatory action, because this
PROVISIONS AND CONTRACT Prior to this final rule, DFARS
rule is not significant under EO 12866.
CLAUSES 218.271 delegated to the head of the
VI. Regulatory Flexibility Act contracting activity the determination
252.222–7007 [Removed] authority for application of the
Because a notice of proposed
rulemaking and an opportunity for ■ 5. Remove section 252.222–7007. previously existing special emergency
public comment are not required to be [FR Doc. 2018–11340 Filed 5–29–18; 8:45 am] procurement authorities (support of a
given for this rule under 41 U.S.C. BILLING CODE 5001–06–P
contingency operation or to facilitate
1707(a)(1) (see section III. of this defense against or recovery from
preamble), the analytical requirements nuclear, biological, chemical, or
of the Regulatory Flexibility Act (5 DEPARTMENT OF DEFENSE radiological attack). In addition, the
U.S.C. 601 et seq.) are not applicable. DFARS has provided nonstatutory
Accordingly, no regulatory flexibility Defense Acquisition Regulations emergency acquisition flexibilities
analysis is required and none has been System relating to item-unique identification,
prepared. receipt of only one offer, and limitations
48 CFR Parts 211, 215, 216, 218, and on time-and-materials contracts in
VII. Paperwork Reduction Act 225 circumstances similar to, but somewhat
The rule does not contain any more expansive than those covered by
information collection requirements that [Docket DARS–2018–0026] the statutory special emergency
require the approval of the Office of procurement authorities.
Management and Budget under the RIN 0750–AJ86 II. Discussion and Analysis
Paperwork Reduction Act (44 U.S.C.
chapter 35). Defense Federal Acquisition This final rule delegates authority to
Regulation Supplement: Delegation of the head of the contracting activity at
List of Subjects in 48 CFR Parts 204, DFARS 218.271 (redesignated 218.270)
Special Emergency Procurement
212, 222, and 252 whatever special procurement
Authority (DFARS Case 2018–D024)
Government procurement. authorities are specified in the FAR.
AGENCY: Defense Acquisition This final rule also makes conforming
Amy G. Williams, Regulations System, Department of changes to nonstatutory emergency
Deputy, Defense Acquisition Regulations Defense (DoD). acquisition flexibilities relating to item-
System. unique identification (DFARS 211.274–
ACTION: Final rule.
PART 204—ADMINISTRATIVE 2(b)(1)), receipt of only one offer
SUMMARY: DoD is amending the Defense (DFARS 215.371–4(a)(2)), and
MATTERS Federal Acquisition Regulation limitations on time-and-materials
Therefore, 48 CFR parts 204, 212, 222, Supplement (DFARS) to delegate to the contracts (DFARS 216.601(d)(i)(A)(3))
and 252 are amended as follows: head of the contracting activity the and the associated references in part
■ 1. The authority citation for parts 204, decision authorities provided to the 218.
212, 222, and 252 continues to read as head of the agency by sections of the However, this final rule does not
follows: National Defense Authorization Act for provide an exception at DFARS
Fiscal Year 2018 that provide new 211.274–2(b)(1) to the requirement for
Authority: 41 U.S.C. 1303 and 48 CFR special emergency procurement item unique identification, for
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chapter 1.
authorities. This final rule also makes acquisitions that facilitate defense
PART 204—ADMINISTRATIVE conforming changes to nonstatutory against or recovery from cyber attack,
MATTERS emergency acquisition flexibilities because one of the reasons for use of
relating to item-unique identification, item-unique identification is to ensure
204.1202 [Amended] receipt of only one offer, and limitations item-level traceability throughout the
■ 2. Amend section 204.1202 by— on time-and-materials contracts. lifecycle to enhance cyber security
■ a. Removing paragraph (2)(iv); and DATES: Effective May 30, 2018. (DFARS 211.274–1(e)). Therefore, in

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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations 24889

order to facilitate defense against or (DFARS 215.371–5) and the exception 252.211–7003. When contractors utilize
recovery from a cyber attack, item to the required approval of the Wide Area Workflow in accordance
unique identification is particularly determination and findings for time- with DFARS 252.232–7003 and
required for high-risk items identified and-materials or labor-hour contracts Appendix F, the item unique
by the requiring activity as a target of (DFARS 216.601(d)(i)(A)(3)) when the identification information required by
cyber threats, regardless of dollar value acquisition is to facilitate defense DFARS 252.211–7003 is automatically
(DFARS 211.274–2(a)(3)(v)). against or recovery from a cyber attack, transmitted to the IUID Registry. The
In addition, the coverage at DFARS to facilitate the provision of burden imposed by DFARS 252.211–
218.270 of the increased simplified international disaster assistance, or to 7003 is approved by the Office of
acquisition threshold when a support response to an emergency or Management and Budget under OMB
humanitarian or peacekeeping operation major disaster; and the corresponding clearance 0704–0248, Appendix F,
is declared has been removed from references in DFARS part 218 and 225. Inspection and Receiving, in accordance
DFARS, because it is now covered in the • Adds an exception to the policy at with the Paperwork Reduction Act (44
FAR in the definition of ‘‘simplified DFARS 211.274–2(b)(1) for providing U.S.C. chapter 35).
acquisition threshold’’ in FAR 2.101 and DoD item unique identification when
at DFARS 218.204. the acquisition is in support of a List of Subjects in 48 CFR Parts 211,
humanitarian or peacekeeping 215, 216, 218, and 225
III. Applicability to Contracts at or
Below the Simplified Acquisition operation, facilitates the provision of Government procurement.
Threshold and for Commercial Items, international disaster assistance, or
Amy G. Williams,
Including Commercially Available Off- supports response to an emergency or
major Deputy, Editor, Defense Acquisition
the-Shelf Items Regulations System.
This rule does not add any new V. Executive Orders 12866 and 13563 Therefore, 48 CFR parts 211, 215, 216,
solicitation provisions or contract Executive Orders (E.O.s) 12866 and 218, and 225 are amended as follows:
clauses. It does add exceptions to the 13563 direct agencies to assess all costs ■ 1. The authority citation for parts 211,
required use of the clause at DFARS and benefits of available regulatory 215, 216, 218, and 225 continues to read
252.211–7003, Item Unique alternatives and, if regulation is as follows:
Identification and Valuation. The clause necessary, to select regulatory
is not required when acquiring items to approaches that maximize net benefits Authority: 41 U.S.C. 1303 and 48 CFR
be used to support a humanitarian or chapter 1.
(including potential economic,
peacekeeping operation or to facilitate environmental, public health and safety PART 211—DESCRIBING AGENCY
the provision of international disaster effects, distributive impacts, and NEEDS
assistance or to support response to an equity). E.O. 13563 emphasizes the
emergency or major disaster. This clause importance of quantifying both costs ■ 2. In section 211.274–2, revise
already applies to the acquisition of and benefits, of reducing costs, of paragraph (b)(1) to read as follows:
commercial items, but this rule will harmonizing rules, and of promoting
reduce the required usage of the clause. flexibility. This is not a significant 211.274–2 Policy for item unique
regulatory action and, therefore, was not identification.
IV. Publication of This Final Rule for
subject to review under section 6(b) of * * * * *
Public Comment Is Not Required by
E.O. 12866, Regulatory Planning and (b) * * *
Statute
Review, dated September 30, 1993. This (1) The items, as determined by the
The statute that applies to the rule is not a major rule under 5 U.S.C. head of the contracting activity, are to
publication of the Federal Acquisition 804. be used to support a contingency or
Regulation (FAR) is the Office of Federal humanitarian or peacekeeping
Procurement Policy statute (codified at VI. Executive Order 13771 operation; to facilitate defense against or
title 41 of the United States Code). This rule is not an Executive Order recovery from nuclear, biological,
Specifically, 41 U.S.C 1707(a)(1) (E.O.) 13771, Reducing Regulation and chemical, or radiological attack; to
requires that a procurement policy, Controlling Regulatory Costs, regulatory facilitate the provision of international
regulation, procedure or form (including action, because the rule relates to disaster assistance; or to support
an amendment or modification thereof) agency organization, management, or response to an emergency or major
must be published for public comment personnel. disaster; or
if it relates to the expenditure of * * * * *
appropriated funds, and has either a VII. Regulatory Flexibility Act
significant effect beyond the internal Because a notice of proposed PART 215—CONTRACTING BY
operating procedures of the agency rulemaking and an opportunity for NEGOTIATION
issuing the policy, regulation, procedure public comment are not required to be
or form, or has a significant cost or given for this rule under 41 U.S.C. ■ 3. In section 215.371–4, revise
administrative impact on contractors or 1707(a)(1) (see section VI. of this paragraph (a)(2) to read as follows:
offerors. This final rule is not required preamble), the analytical requirements
to be published for public comment, of the Regulatory Flexibility Act (5 215.371–4 Exceptions.
because the rule primarily affects the U.S.C. 601 et seq.) are not applicable. (a) * * *
internal operating procedures of the Accordingly, no regulatory flexibility (2) Acquisitions, as determined by the
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Government. Specifically, this rule: analysis is required and none has been head of the contracting activity, in
• Delegates the special emergency prepared. support of contingency or humanitarian
procurement authorities to the head of or peacekeeping operations; to facilitate
the contracting activity at DFARS VIII. Paperwork Reduction Act defense against or recovery from cyber,
218.270. The rule will result in a de minimis nuclear, biological, chemical, or
• Makes conforming changes to the reduction of burden hours through radiological attack; to facilitate the
exception to the only one offer policy slight reduction in use of DFARS clause provision of international disaster

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24890 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations

assistance; or to support response to an recovery from cyber, nuclear, biological, 218.272’’ and add ‘‘PGI 218.271’’ in its
emergency or major disaster; chemical, or radiological attack; to place.
* * * * * facilitate provision of international
disaster assistance; or to support PART 225—FOREIGN ACQUISITION
PART 216—TYPES OF CONTRACTS response to an emergency or major
225.374 [Amended]
disaster, the following requirements do
■ 4. In section 216.601, revise paragraph not apply: ■ 11. Amend section 225.374 by
(d)(i)(A)(3) to read as follows: (1) Policy for unique item removing ‘‘See 218.272’’ and adding
216.601 Time-and-materials contracts.
identification at 211.274–2(a). ‘‘See 218.271’’ in its place.
Contractors are not required to provide [FR Doc. 2018–11341 Filed 5–29–18; 8:45 am]
(d) * * * DoD unique item identification if the BILLING CODE 5001–06–P
(i) * * * items are to be used to facilitate defense
(A) * * * against or recovery from nuclear,
(3) Exception. The approval biological, chemical, or radiological
requirements in paragraphs (d)(i)(A)(1) DEPARTMENT OF DEFENSE
attack. However, contractors are not
and (2) of this section do not apply to exempt from this requirement if the Defense Acquisition Regulations
contracts that, as determined by the items are to be used to facilitate defense System
head of the contracting activity— against or recovery from cyber attack.
(i) Support contingency or See 211.274–2(b). 48 CFR Part 225
humanitarian or peacekeeping (2) Only one offer requirements at
operations; section 215.371–2. See 215.371–4(a)(2).
(ii) Facilitate defense against or [Docket DARS–2018–0025]
(3) Approval of determination and
recovery from conventional, cyber, findings for time-and-materials or labor-
nuclear, biological, chemical or hour contracts at 216.601(d)(i)(A)(1) and RIN 0750–AJ70
radiological attack; (2). See 216.601(d)(3).
(iii) Facilitate the provision of Defense Federal Acquisition
■ 7. Add section 218.204 to read as Regulation Supplement: Repeal of
international disaster assistance; or
follows: Restrictions on Chemical Weapons
(iv) Support response to an emergency
or major disaster. 218.204 Humanitarian or peacekeeping Antidote (DFARS Case 2018–D006)
* * * * * operation.
AGENCY: Defense Acquisition
The following requirements do not
PART 218—EMERGENCY Regulations System, Department of
apply to acquisitions that, as
ACQUISITIONS Defense (DoD).
determined by the head of the
contracting activity, are in support of ACTION: Final rule.
■ 5. Amend section 218.201 by— humanitarian or peacekeeping
■ a. In paragraph (2), removing operations:
‘‘agency’’ and adding ‘‘contracting SUMMARY: DoD is issuing a final rule to
(1) Policy for item unique amend the Defense Federal Acquisition
activity’’ in its place; identification at 211.274–2(a). See
■ b. Redesignating paragraphs (7)
Regulation Supplement (DFARS) to
211.274–2(b). implement a section of the National
through (10) as paragraphs (9) through (2) Only one offer requirements at
(12), respectively; and Defense Authorization Act for Fiscal
sections 215.371–2. See 215.371–4(a)(2). Year 2018 that established a sunset date
■ c. Adding new paragraphs (7) and (8) (3) Approval of determination and
to read as follows: for restrictions on acquisition of
findings for time-and-materials or labor- chemical weapons antidote contained in
218.201 Contingency operation. hour contracts at 216.601(d)(i)(A)(1) and automatic injectors, or the components
(2). See 216.601(d)(3). of such injectors.
* * * * *
(7) Only one offer. The requirements 218.270 [Removed] DATES: Effective October 1, 2018.
at sections 215.371–2 do not apply to ■ 8. Remove section 218.270.
acquisitions, as determined by the head FOR FURTHER INFORMATION CONTACT: Ms.
of the contracting activity, in support of 218.271 [Redesignated as 218.270] Amy Williams, telephone 571–372–
a contingency operation. See 215.371– 6106.
■ 9. Redesignate section 218.271 as
4(a)(2). section 218.270 and revise the SUPPLEMENTARY INFORMATION:
(8) Approval of determination and introductory text and paragraph (a) to
findings for time-and-materials or labor- read as follows: I. Background
hour contracts. The approval
requirements in paragraphs (d)(i)(A)(1) 218.270 Head of contracting activity This final rule implements section
and (2) of this section do not apply to determinations. 813(a) of the National Defense
contracts that, as determined by the The term ‘‘head of the agency’’ is Authorization Act for Fiscal Year 2018,
head of the contracting activity, support replaced with ‘‘head of the contracting which amends 10 U.S.C. 2534(c) to
contingency. See 216.601(d)(3). activity,’’ as defined in FAR 2.101, in establish a sunset date of October 1,
* * * * * the following locations: 2018, for 10 U.S.C. 2534(a)(2) and (b)(2),
(a) FAR 2.101: definition of the limitation on procurement of
■ 6. Revise section 218.202 to read as
sradovich on DSK3GMQ082PROD with RULES2

‘‘simplified acquisition threshold.’’ chemical weapons antidote contained in
follows: automatic injectors (and components for
* * * * *
218.202 Defense or recovery from certain such injectors).
events. 218.272 [Redesignated as 218.271 and This rule deletes DFARS 225.7005 in
For acquisitions that, as determined Amended] its entirety to remove the obsolete text
by the head of the contracting activity, ■ 10. Redesignate section 218.272 as regarding restrictions on certain
are to facilitate defense against or section 218.271 and remove ‘‘PGI chemical weapons antidote.

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Document Created: 2018-05-30 01:02:00
Document Modified: 2018-05-30 01:02:00

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 May 30, 2018.
Contact		Ms. Amy Williams, telephone 571-372- 6106.
FR Citation		83 FR 24888
RIN Number		0750-AJ86
CFR Citation		48 CFR 211 48 CFR 215 48 CFR 216 48 CFR 218 48 CFR 225

83 FR 24888 - Defense Federal Acquisition Regulation Supplement: Delegation of Special Emergency Procurement Authority (DFARS Case 2018-D024)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 83, Issue 104 (May 30, 2018)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System