83 FR 24894 - Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision “Alternate A, System for Award Management” (DFARS Case 2017-D044)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 104 (May 30, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 104 (May 30, 2018)
| Page Range | 24894-24895 | |
| FR Document | 2018-11347 |
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)] [Rules and Regulations] [Pages 24894-24895] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-11347] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 204 and 252 [Docket DARS-2017-0015] RIN 0750-AJ54 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Provision ``Alternate A, System for Award Management'' (DFARS Case 2017-D044) AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove a provision that is duplicative of an existing Federal Acquisition Regulation (FAR) provision that requires a vendor to enter Commercial and Government Entity (CAGE) code information into a Governmentwide database prior to award of any contract or agreement. DATES: Effective May 30, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to remove the DFARS provision 252.204- 7004, Alternate A, System for Award Management (SAM), and the associated provision prescription at DFARS 204.1105. The DFARS provision provided definitions that are to be substituted for the definitions in paragraph (a) of the FAR provision 52.204-7, System for Award Management. The FAR provision is prescribed for use in most solicitations. The purpose of the FAR provision is to inform offerors of the requirement to be registered in SAM in order to be eligible for an award. The DFARS provision was created for use in DoD solicitations, to ensure, in part, that offerors responding to DoD solicitations understood that they needed to enter a CAGE code in SAM in order to be considered registered in the system. However, the DFARS provision is no longer necessary, because the definition of ``Registered in the System for Award Management (SAM) database'' in paragraph (a) of the FAR provision has been updated to include a CAGE code as part of the information required from an offeror in order to be considered registered in SAM. As such, this DFARS alternate provision is redundant and can be removed. The removal of this DFARS text supports a recommendation from the DoD Regulatory Reform Task Force. On February 24, 2017, the President signed Executive Order (E.O.) 13777, ``Enforcing the Regulatory Reform Agenda,'' which established a Federal policy ``to alleviate unnecessary regulatory burdens'' on the American people. In accordance with E.O. 13777, DoD established a Regulatory Reform Task Force to review and validate DoD regulations, including the DFARS. A public notice of the establishment of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the purpose of reviewing DFARS provisions and clauses, was published in the Federal Register at 82 FR 35741 on August 1, 2017, and requested public input. No public comments were received on this provision. Subsequently, the DoD Task Force reviewed the requirements of DFARS provision 252.204-7004, Alternate A, System for Award Management, and determined that the DFARS coverage was redundant and recommended removal. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule merely removes obsolete DFARS provision 252.204-7004, Alternate A, System for Award Management. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Executive Order 13771 This rule is not an E.O. 13771, Reducing and Controlling Regulatory Costs, regulatory action, because this rule is not significant under E.O. 12866. V. 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 DoD is not issuing a new regulation; rather, this rule merely removes an obsolete requirement from the DFARS. 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 III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 [[Page 24895]] 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 Parts 204 and 252 Government procurement. Amy G. Williams, Deputy, Defense Acquisition Regulations System. Therefore, 48 CFR parts 204 and 252 are amended as follows: 0 1. The authority citation for parts 204 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 204--ADMINISTRATIVE MATTERS 204.1105 [Removed] 0 2. Remove section 204.1105. PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.204-7004 [Removed and Reserved] 0 3. Remove and reserve section 252.204-7004. [FR Doc. 2018-11347 Filed 5-29-18; 8:45 am] BILLING CODE 5001-06-P
![24894 Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
PART 222—APPLICATION OF LABOR Management (SAM), and the associated contracts at or below the simplified
LAWS TO GOVERNMENT provision prescription at DFARS acquisition threshold and for
ACQUISITIONS 204.1105. The DFARS provision commercial items, including
provided definitions that are to be commercially available off-the-shelf
Subpart 222.71 [Removed and substituted for the definitions in items.
Reserved] paragraph (a) of the FAR provision
III. Executive Orders 12866 and 13563
52.204–7, System for Award
■ 2. Remove and reserve subpart 222.71, Management. The FAR provision is Executive Orders (E.O.s) 12866 and
consisting of sections 222.7101 and prescribed for use in most solicitations. 13563 direct agencies to assess all costs
222.7102. The purpose of the FAR provision is to and benefits of available regulatory
inform offerors of the requirement to be alternatives and, if regulation is
PART 237—SERVICE CONTRACTING registered in SAM in order to be eligible necessary, to select regulatory
237.7401 [Amended] for an award. The DFARS provision was approaches that maximize net benefits
created for use in DoD solicitations, to (including potential economic,
■ 3. Amend section 237.7401 by ensure, in part, that offerors responding environmental, public health and safety
removing paragraph (d). to DoD solicitations understood that effects, distributive impacts, and
they needed to enter a CAGE code in equity). E.O. 13563 emphasizes the
PART 252—SOLICITATION
SAM in order to be considered importance of quantifying both costs
PROVISIONS AND CONTRACT
registered in the system. However, the and benefits, of reducing costs, of
CLAUSES
DFARS provision is no longer harmonizing rules, and of promoting
252.222–7001 [Removed and Reserved] necessary, because the definition of flexibility. This is not a significant
‘‘Registered in the System for Award regulatory action and, therefore, was not
■ 4. Remove and reserve section
Management (SAM) database’’ in subject to review under section 6(b) of
252.222–7001.
paragraph (a) of the FAR provision has E.O. 12866, Regulatory Planning and
[FR Doc. 2018–11346 Filed 5–29–18; 8:45 am] been updated to include a CAGE code Review, dated September 30, 1993. This
BILLING CODE 5001–06–P as part of the information required from rule is not a major rule under 5 U.S.C.
an offeror in order to be considered 804.
registered in SAM. As such, this DFARS
DEPARTMENT OF DEFENSE alternate provision is redundant and can IV. Executive Order 13771
be removed. This rule is not an E.O. 13771,
Defense Acquisition Regulations The removal of this DFARS text Reducing and Controlling Regulatory
System supports a recommendation from the Costs, regulatory action, because this
DoD Regulatory Reform Task Force. On rule is not significant under E.O. 12866.
48 CFR Parts 204 and 252 February 24, 2017, the President signed
V. Publication of This Final Rule for
[Docket DARS–2017–0015] Executive Order (E.O.) 13777,
Public Comment Is Not Required by
‘‘Enforcing the Regulatory Reform
RIN 0750–AJ54 Statute
Agenda,’’ which established a Federal
policy ‘‘to alleviate unnecessary The statute that applies to the
Defense Federal Acquisition regulatory burdens’’ on the American publication of the Federal Acquisition
Regulation Supplement: Repeal of people. In accordance with E.O. 13777, Regulation (FAR) is the Office of Federal
DFARS Provision ‘‘Alternate A, System DoD established a Regulatory Reform Procurement Policy statute (codified at
for Award Management’’ (DFARS Case Task Force to review and validate DoD title 41 of the United States Code).
2017–D044) regulations, including the DFARS. A Specifically, 41 U.S.C. 1707(a)(1)
AGENCY: Defense Acquisition public notice of the establishment of the requires that a procurement policy,
Regulations System, Department of DFARS Subgroup to the DoD Regulatory regulation, procedure or form (including
Defense (DoD). Reform Task Force, for the purpose of an amendment or modification thereof)
reviewing DFARS provisions and must be published for public comment
ACTION: Final rule.
clauses, was published in the Federal if it relates to the expenditure of
SUMMARY: DoD is issuing a final rule Register at 82 FR 35741 on August 1, appropriated funds, and has either a
amending the Defense Federal 2017, and requested public input. No significant effect beyond the internal
Acquisition Regulation Supplement public comments were received on this operating procedures of the agency
(DFARS) to remove a provision that is provision. Subsequently, the DoD Task issuing the policy, regulation,
duplicative of an existing Federal Force reviewed the requirements of procedure, or form, or has a significant
Acquisition Regulation (FAR) provision DFARS provision 252.204–7004, cost or administrative impact on
that requires a vendor to enter Alternate A, System for Award contractors or offerors. This final rule is
Commercial and Government Entity Management, and determined that the not required to be published for public
(CAGE) code information into a DFARS coverage was redundant and comment, because DoD is not issuing a
Governmentwide database prior to recommended removal. new regulation; rather, this rule merely
award of any contract or agreement. removes an obsolete requirement from
II. Applicability to Contracts at or
the DFARS.
DATES: Effective May 30, 2018. Below the Simplified Acquisition
FOR FURTHER INFORMATION CONTACT: Ms. Threshold and for Commercial Items, VI. Regulatory Flexibility Act
sradovich on DSK3GMQ082PROD with RULES2
Carrie Moore, telephone 571–372–6093. Including Commercially Available Off- Because a notice of proposed
SUPPLEMENTARY INFORMATION:
the-Shelf Items rulemaking and an opportunity for
This rule merely removes obsolete public comment are not required to be
I. Background DFARS provision 252.204–7004, given for this rule under 41 U.S.C.
DoD is amending the DFARS to Alternate A, System for Award 1707(a)(1) (see section III. of this
remove the DFARS provision 252.204– Management. Therefore, the rule does preamble), the analytical requirements
7004, Alternate A, System for Award not impose any new requirements on of the Regulatory Flexibility Act (5
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![Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations 24895
U.S.C. 601 et seq.) are not applicable. Fiscal Year 2017 that increase the significant effect beyond the internal
Accordingly, no regulatory flexibility micro-purchase thresholds for certain operating procedures of the agency
analysis is required and none has been Department of Defense acquisitions. issuing the policy, regulation, procedure
prepared. DATES: Effective May 30, 2018. or form, or has a significant cost or
VII. Paperwork Reduction Act FOR FURTHER INFORMATION CONTACT: Ms. administrative impact on contractors or
Carrie Moore, telephone 571–372–6093. offerors. This final rule is not required
The rule does not contain any to be published for public comment,
information collection requirements that SUPPLEMENTARY INFORMATION:
because it clarifies the application of the
require the approval of the Office of I. Background micro-purchase threshold as it relates to
Management and Budget under the
DoD is amending the DFARS to DoD procurements, and does not have
Paperwork Reduction Act (44 U.S.C.
implement sections 217(a) and 821 of significant effect beyond the internal
chapter 35).
the National Defense Authorization Act operating procedures of the agency
List of Subjects in 48 CFR Parts 204 and (NDAA) for Fiscal Year (FY) 2017 (Pub. issuing the policy. These requirements
252 L. 114–328). Section 821 increases the affect only the internal operating
Government procurement. micro-purchase threshold for the procedures of the Government.
Department of Defense procurements to
Amy G. Williams, $5,000. Section 217(a) further increases IV. Executive Orders 12866 and 13563
Deputy, Defense Acquisition Regulations the micro-purchase threshold to $10,000 Executive Orders (E.O.s) 12866 and
System. for purposes of DoD basic research
13563 direct agencies to assess all costs
programs and for the activities of the
Therefore, 48 CFR parts 204 and 252 and benefits of available regulatory
DoD science and technology reinvention
are amended as follows: alternatives and, if regulation is
laboratories. Accordingly, DFARS
■ 1. The authority citation for parts 204 section 202.101, Definitions, is amended necessary, to select regulatory
and 252 continues to read as follows: to add a new micro-purchase threshold approaches that maximize net benefits
Authority: 41 U.S.C. 1303 and 48 CFR definition as it relates to DoD (including potential economic,
chapter 1. procurements, to be used in lieu of the environmental, public health and safety
definition in the Federal Acquisition effects, distributive impacts, and
PART 204—ADMINISTRATIVE Regulation (FAR). To align with the equity). E.O. 13563 emphasizes the
MATTERS addition of the new DoD micro- importance of quantifying both costs
204.1105 [Removed] purchase definition, a cross-reference to and benefits, of reducing costs, of
the definition at FAR 2.101 is revised in harmonizing rules, and of promoting
■ 2. Remove section 204.1105. DFARS clause 252.232–7009, flexibility. This is not a significant
Mandatory Payments by regulatory action and, therefore, was not
PART 252—SOLICITATION
Governmentwide Commercial Purchase subject to review under section 6(b) of
PROVISIONS AND CONTRACT
Card. E.O. 12866, Regulatory Planning and
CLAUSES
II. Applicability to Contracts at or Review, dated September 30, 1993. This
252.204–7004 [Removed and Reserved]
Below the Simplified Acquisition rule is not a major rule under 5 U.S.C.
■ 3. Remove and reserve section Threshold (SAT) and for Commercial 804.
252.204–7004. Items, Including Commercially V. Executive Order 13771
[FR Doc. 2018–11347 Filed 5–29–18; 8:45 am] Available Off-the-Shelf (COTS) Items
BILLING CODE 5001–06–P This rule amends DFARS 202.101 to This rule is not an E.O. 13771,
add an alternate definition for ‘‘micro- Reducing and Controlling Regulatory
purchase threshold’’ in lieu of the Costs, regulatory action, because this
DEPARTMENT OF DEFENSE definition of ‘‘micro-purchase rule is not significant under E.O. 12866.
threshold’’ at FAR 2.101. This rule VII. Regulatory Flexibility Act
Defense Acquisition Regulations
simply clarifies the application of the
System
micro-purchase threshold as it relates to Because a notice of proposed
DoD procurements, and does not apply rulemaking and an opportunity for
48 CFR Parts 202 and 252
additional requirements to contracts at public comment are not required to be
[Docket DARS–2018–0027] or below the SAT or for the acquisition given for this rule under 41 U.S.C.
of commercial items, including COTS 1707(a)(1) (see section III. of this
RIN 0750–AJ34
items. preamble), the analytical requirements
Defense Federal Acquisition III. Publication of This Final Rule for of the Regulatory Flexibility Act (5
Regulation Supplement: Micro- Public Comment Is Not Required by U.S.C. 601 et seq.) are not applicable.
Purchase Threshold (DFARS Case Statute Accordingly, no regulatory flexibility
2017–D027) analysis is required and none has been
The statute that applies to the
publication of the FAR is the Office of prepared.
AGENCY: Defense Acquisition
Regulations System, Department of Federal Procurement Policy statute VIII. Paperwork Reduction Act
Defense (DoD). (codified at title 41 of the United States
sradovich on DSK3GMQ082PROD with RULES2
ACTION: Final rule. Code). Specifically, 41 U.S.C. 1707(a)(1) The rule does not contain any
requires that a procurement policy, information collection requirements that
SUMMARY: DoD is issuing a final rule regulation, procedure or form (including require the approval of the Office of
amending the Defense Federal an amendment or modification thereof) Management and Budget under the
Acquisition Regulation Supplement must be published for public comment Paperwork Reduction Act (44 U.S.C.
(DFARS) to implement sections of the if it relates to the expenditure of chapter 35).
National Defense Authorization Act for appropriated funds, and has either a
VerDate Sep<11>2014 17:57 May 29, 2018 Jkt 244001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 E:\FR\FM\30MYR2.SGM 30MYR2](https://thefederalregister.org/doc/83_FR_24998/page/2.svg)
Document Created: 2018-05-30 01:02:15
Document Modified: 2018-05-30 01:02:15
| 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. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 24894 | |
| RIN Number | 0750-AJ54 | |
| CFR Citation | 48
CFR
204 48 CFR 252 |
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