83_FR_45767 83 FR 45592 - Performance-Based Payments and Progress Payments (DFARS Case 2017-D019)

83 FR 45592 - Performance-Based Payments and Progress Payments (DFARS Case 2017-D019)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 83, Issue 175 (September 10, 2018)

Page Range45592-45593
FR Document2018-19690

For the public meeting to be held on September 14, 2018, from 9 a.m. to 12 p.m., EST, regarding the proposed rule published in the Federal Register on August 24, 2018, at 83 FR 42831, the registration deadline is extended from September 6, 2018, to September 11, 2018, at 12 p.m., EST.

Federal Register, Volume 83 Issue 175 (Monday, September 10, 2018) 
[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Proposed Rules]
[Pages 45592-45593]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19690]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 232, 242, and 252

[Docket DARS-2018-0042]
RIN 0750-AJ28


Performance-Based Payments and Progress Payments (DFARS Case 
2017-D019)

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

ACTION: Proposed rule; extension of registration deadline for public 
meeting.

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SUMMARY: For the public meeting to be held on September 14, 2018, from 
9 a.m. to 12 p.m., EST, regarding the proposed rule published in the 
Federal Register on August 24, 2018, at 83 FR 42831, the registration 
deadline is extended from September 6, 2018, to September 11, 2018, at 
12 p.m., EST.

DATES: Comment Date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before October 23, 2018, to 
be considered in the formation of a final rule.
    Public Meeting Date: The public meeting will be held on September 
14, 2018, from 9 a.m. to 12 p.m., EST. Registration to attend this 
meeting must be received by September 11, 2018, at 12 p.m., EST. 
Further information for the public meeting may be found under the 
heading SUPPLEMENTARY INFORMATION.

ADDRESSES: 
    Public Meeting: The public meeting will be held at the Mark Center 
Auditorium, 4800 Mark Center Drive, Alexandria, VA 22350-3603. The Mark 
Center Auditorium is located on level B-1 of the building.
    Submission of Comments: Submit comments identified by DFARS Case 
2017-D019, using any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2017-D019.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2017-D019'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2017-D019 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
G. Williams, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, DPC/DARS, at 571-
372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    On August 24, 2018, DoD published a proposed rule in the Federal 
Register on August 24, 2018 (83 FR 42831) to implement section 831 of 
the National Defense Authorization Act for Fiscal Year 2017, which 
addresses the preference for performance-based payments, and to 
streamline the performance-based payment process. DoD is also proposing 
to amend the Defense Federal Acquisition Regulation Supplement to 
revise progress payments and performance-based payments policies for 
DoD contracts in order to increase its business effectiveness and 
efficiency as well as to provide an opportunity for both small and 
other than small entities to qualify for increased customary progress 
payment rates and maximum performance-based payment rates based on 
whether the offeror/contractor has met certain performance criteria.

II. Public Meeting

    DoD is hosting a public meeting on September 14, 2018, to obtain 
views of experts and interested parties in Government and the private 
sector regarding revising policies and procedures with regard to 
customary progress payment rates and maximum performance-based payment 
rates for DoD contracts.
    Registration: Individuals wishing to attend the public meeting must 
register by 12 p.m., EST, on September 11, 2018, to ensure adequate 
room accommodations and to facilitate security screening and entry to 
the Mark Center. Individuals desiring to attend the meeting, who have 
not yet registered, should send the following information via email to 
[email protected]:
    (1) Company or organization name.
    (2) Full name, valid email address, and telephone number of each 
person planning to attend, and whether the individual is a U.S. 
citizen.

[[Page 45593]]

    (3) Name, title, organizational affiliation of presenter, if 
desiring to make a presentation, limited to a 5-minute presentation per 
company or organization. This limitation may be subject to adjustment, 
depending on the number of entities requesting to present, in order to 
ensure adequate time for discussion.
    Building Entry: For each registrant, the Pentagon Force Protection 
Agency will send additional instructions to the email address provided 
at the time of registration. The registrant must follow the 
instructions in the email in order to be approved for entry to the Mark 
Center.
    One valid government-issued photo identification card (i.e., 
driver's license or passport) will be required in order to enter the 
building.
    Attendees are encouraged to arrive at least 45 minutes early to 
accommodate security procedures. Public parking is not available at the 
Mark Center.
    Presentations: If you wish to make a presentation, please submit an 
electronic copy of your presentation to [email protected] no later 
than September 10, 2018. When submitting presentations, provide 
presenter's name, organization affiliation, telephone number, and email 
address on the cover page. Please submit presentations only and cite 
``Public Meeting, DFARS Case 2017-D019'' in all correspondence related 
to the public meeting. There will be no transcription at the meeting. 
The submitted presentations will be the only record of the public 
meeting.
    Correspondence and Comments: Please cite ``Public Meeting, DFARS 
Case 2017-D019'' in all correspondence related to this public meeting. 
The submitted presentations will be the only record of the public 
meeting. To have a presentation considered as a public comment for the 
formation of the final rule, the presentation, or pertinent excerpts, 
must be submitted separately as a written comment as instructed in the 
paragraph titled ``Submission of Comments'' in ADDRESSES.

List of Subjects in 48 CFR Parts 232, 242, and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
[FR Doc. 2018-19690 Filed 9-7-18; 8:45 am]
 BILLING CODE 5001-06-P

45592 Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules • is certified as not having a DEPARTMENT OF DEFENSE Room 3B941, 3060 Defense Pentagon, significant economic impact on a Washington, DC 20301–3060. substantial number of small entities Defense Acquisition Regulations Comments received generally will be under the Regulatory Flexibility Act (5 System posted without change to http:// U.S.C. 601 et seq.); www.regulations.gov, including any 48 CFR Parts 232, 242, and 252 personal information provided. To • does not contain any unfunded [Docket DARS–2018–0042] confirm receipt of your comment(s), mandate or significantly or uniquely please check www.regulations.gov, affect small governments, as described RIN 0750–AJ28 approximately two to three days after in the Unfunded Mandates Reform Act submission to verify posting (except of 1995 (Pub. L. 104–4); Performance-Based Payments and allow 30 days for posting of comments • does not have Federalism Progress Payments (DFARS Case submitted by mail). implications as specified in Executive 2017–D019) FOR FURTHER INFORMATION CONTACT: Ms. Order 13132 (64 FR 43255, August 10, AGENCY: Defense Acquisition Amy Williams, DPC/DARS, at 571–372– 1999); Regulations System, Department of 6106. • is not an economically significant Defense (DoD). SUPPLEMENTARY INFORMATION: regulatory action based on health or ACTION: Proposed rule; extension of registration deadline for public meeting. I. Background safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); On August 24, 2018, DoD published a SUMMARY: For the public meeting to be proposed rule in the Federal Register on • is not a significant regulatory action held on September 14, 2018, from 9 a.m. August 24, 2018 (83 FR 42831) to subject to Executive Order 13211 (66 FR to 12 p.m., EST, regarding the proposed implement section 831 of the National 28355, May 22, 2001); rule published in the Federal Register Defense Authorization Act for Fiscal • is not subject to requirements of on August 24, 2018, at 83 FR 42831, the Year 2017, which addresses the Section 12(d) of the National registration deadline is extended from preference for performance-based Technology Transfer and Advancement September 6, 2018, to September 11, payments, and to streamline the Act of 1995 (15 U.S.C. 272 note) because 2018, at 12 p.m., EST. performance-based payment process. application of those requirements would DATES: Comment Date: Comments on DoD is also proposing to amend the be inconsistent with the CAA; and the proposed rule should be submitted Defense Federal Acquisition Regulation in writing to the address shown below Supplement to revise progress payments • does not provide EPA with the on or before October 23, 2018, to be and performance-based payments discretionary authority to address, as considered in the formation of a final policies for DoD contracts in order to appropriate, disproportionate human rule. increase its business effectiveness and health or environmental effects, using Public Meeting Date: The public efficiency as well as to provide an practicable and legally permissible meeting will be held on September 14, opportunity for both small and other methods, under Executive Order 12898 2018, from 9 a.m. to 12 p.m., EST. than small entities to qualify for (59 FR 7629, February 16, 1994). Registration to attend this meeting must increased customary progress payment In addition, this proposed rule is not be received by September 11, 2018, at rates and maximum performance-based approved to apply on any Indian 12 p.m., EST. Further information for payment rates based on whether the reservation land or in any other area the public meeting may be found under offeror/contractor has met certain where EPA or an Indian tribe has the heading SUPPLEMENTARY performance criteria. INFORMATION. demonstrated that a tribe has II. Public Meeting jurisdiction. In those areas of Indian ADDRESSES: country, the rule does not have tribal Public Meeting: The public meeting DoD is hosting a public meeting on implications and will not impose will be held at the Mark Center September 14, 2018, to obtain views of Auditorium, 4800 Mark Center Drive, experts and interested parties in substantial direct costs on tribal Alexandria, VA 22350–3603. The Mark Government and the private sector governments or preempt tribal law as Center Auditorium is located on level regarding revising policies and specified by Executive Order 13175 (65 B–1 of the building. procedures with regard to customary FR 67249, November 9, 2000). progress payment rates and maximum Submission of Comments: Submit List of Subjects in 40 CFR Part 62 comments identified by DFARS Case performance-based payment rates for 2017–D019, using any of the following DoD contracts. Environmental protection, methods: Registration: Individuals wishing to Administrative practice and procedure, Æ Federal eRulemaking Portal: http:// attend the public meeting must register Air pollution control, Intergovernmental www.regulations.gov. Search for by 12 p.m., EST, on September 11, 2018, relations, Reporting and recordkeeping ‘‘DFARS Case 2017–D019.’’ Select to ensure adequate room requirements, Sulfur oxides, waste ‘‘Comment Now’’ and follow the accommodations and to facilitate treatment and disposal. instructions provided to submit a security screening and entry to the Mark comment. Please include ‘‘DFARS Case Center. Individuals desiring to attend Authority: 42 U.S.C. 7401 et seq. the meeting, who have not yet 2017–D019’’ on any attached daltland on DSKBBV9HB2PROD with PROPOSALS Dated: August 19, 2018. documents. registered, should send the following Peter D. Lopez, Æ Email: osd.dfars@mail.mil. Include information via email to osd.dfars@ Regional Administrator, Region 2. DFARS Case 2017–D019 in the subject mail.mil: line of the message. (1) Company or organization name. [FR Doc. 2018–19598 Filed 9–7–18; 8:45 am] Æ Fax: 571–372–6094. (2) Full name, valid email address, BILLING CODE 6560–50–P Æ Mail: Defense Acquisition and telephone number of each person Regulations System, Attn: Ms. Amy G. planning to attend, and whether the Williams, OUSD(A&S)DPC/DARS, individual is a U.S. citizen. VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 E:\FR\FM\10SEP1.SGM 10SEP1

Federal Register / Vol. 83, No. 175 / Monday, September 10, 2018 / Proposed Rules 45593 (3) Name, title, organizational Attendees are encouraged to arrive at Case 2017–D019’’ in all correspondence affiliation of presenter, if desiring to least 45 minutes early to accommodate related to this public meeting. The make a presentation, limited to a 5- security procedures. Public parking is submitted presentations will be the only minute presentation per company or not available at the Mark Center. record of the public meeting. To have a organization. This limitation may be Presentations: If you wish to make a presentation considered as a public subject to adjustment, depending on the presentation, please submit an comment for the formation of the final number of entities requesting to present, electronic copy of your presentation to rule, the presentation, or pertinent in order to ensure adequate time for osd.dfars@mail.mil no later than excerpts, must be submitted separately discussion. September 10, 2018. When submitting as a written comment as instructed in Building Entry: For each registrant, presentations, provide presenter’s name, the paragraph titled ‘‘Submission of the Pentagon Force Protection Agency organization affiliation, telephone Comments’’ in ADDRESSES. will send additional instructions to the number, and email address on the cover email address provided at the time of page. Please submit presentations only List of Subjects in 48 CFR Parts 232, registration. The registrant must follow and cite ‘‘Public Meeting, DFARS Case 242, and 252 the instructions in the email in order to 2017–D019’’ in all correspondence Government procurement. be approved for entry to the Mark related to the public meeting. There will Center. be no transcription at the meeting. The Jennifer Lee Hawes, One valid government-issued photo submitted presentations will be the only Regulatory Control Officer, Defense identification card (i.e., driver’s license record of the public meeting. Acquisition Regulations System. or passport) will be required in order to Correspondence and Comments: [FR Doc. 2018–19690 Filed 9–7–18; 8:45 am] enter the building. Please cite ‘‘Public Meeting, DFARS BILLING CODE 5001–06–P daltland on DSKBBV9HB2PROD with PROPOSALS VerDate Sep<11>2014 16:20 Sep 07, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4702 Sfmt 9990 E:\FR\FM\10SEP1.SGM 10SEP1


Document Created: 2018-09-08 00:43:34
Document Modified: 2018-09-08 00:43:34
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; extension of registration deadline for public meeting.
DatesComment Date: Comments on the proposed rule should be submitted
ContactMs. Amy Williams, DPC/DARS, at 571- 372-6106.
FR Citation83 FR 45592 
RIN Number0750-AJ28
CFR Citation48 CFR 232
48 CFR 242
48 CFR 252
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