83 FR 47867 - Performance-Based Payments and Progress Payments (DFARS Case 2017-D019)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 184 (September 21, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 184 (September 21, 2018)
| Page Range | 47867-47868 | |
| FR Document | 2018-20626 |
[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)] [Proposed Rules] [Pages 47867-47868] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-20626] ======================================================================= ----------------------------------------------------------------------- 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: Announcement of public meeting. ----------------------------------------------------------------------- SUMMARY: DoD is hosting a public meeting on October 10, 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. 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 October 10, 2018, from 9 a.m. to 12 p.m., EST. Registration to attend this meeting must be received by October 4, 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: osd.dfars@mail.mil. 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 at 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 October 10, 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: To ensure adequate room accommodations and to facilitate security screening and entry to the Mark Center, individuals wishing to attend the public meeting must register by 12 p.m., EST, on October 4, 2018, by sending the following information via email to osd.dfars@mail.mil: (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. (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 [[Page 47868]] 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 osd.dfars@mail.mil by 12 p.m., EST, on October 4, 2018. When submitting a presentation, provide the 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 and will be posted to the following website at the conclusion of the public meeting: https://www.acq.osd.mil/dpap/dars/performance-based_payments_and_progress_payments.html. Special accommodations: The public meeting is physically accessible to people with disabilities. Requests for reasonable accommodations, sign language interpretation or other auxiliary aids should be directed to Daniel Weinstein at 571-372-6105, by no later than October 1, 2018. The TTY number for further information is: 1-800-877-8339. When the operator answers the call, let him or her know the agency is the Department of Defense; the point of contact is Daniel Weinstein at 571- 372-6105. 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. 48 CFR Parts 232, 242, and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. [FR Doc. 2018-20626 Filed 9-20-18; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules 47867
Advancement Act of 1995 (15 U.S.C. DEPARTMENT OF DEFENSE Comments received generally will be
272 note) do not apply. As required by posted without change to http://
section 3 of Executive Order 12988 (61 Defense Acquisition Regulations www.regulations.gov, including any
FR 4729, February 7, 1996), in System personal information provided. To
proposing this rule, EPA has taken the confirm receipt of your comment(s),
necessary steps to eliminate drafting 48 CFR Parts 232, 242, and 252 please check www.regulations.gov,
errors and ambiguity, minimize [Docket DARS–2018–0042] approximately two to three days after
potential litigation, and provide a clear submission to verify posting (except
RIN 0750–AJ28 allow 30 days for posting of comments
legal standard for affected conduct. EPA
has complied with Executive Order submitted by mail).
Performance-Based Payments and
12630 (53 FR 8859, March 15, 1988) by Progress Payments (DFARS Case FOR FURTHER INFORMATION CONTACT: Ms.
examining the takings implications of 2017–D019) Amy Williams, DPC/DARS, at 571–372–
this action in accordance with the 6106.
‘‘Attorney General’s Supplemental AGENCY: Defense Acquisition SUPPLEMENTARY INFORMATION:
Guidelines for the Evaluation of Risk Regulations System, Department of
and Avoidance of Unanticipated Defense (DoD). I. Background
Takings’’ issued under the executive ACTION: Announcement of public On August 24, 2018, DoD published a
order. This action does not impose an meeting. proposed rule in the Federal Register at
information collection burden under the 83 FR 42831 to implement section 831
SUMMARY: DoD is hosting a public
provisions of the Paperwork Reduction of the National Defense Authorization
meeting on October 10, 2018, to obtain
Act of 1995 (44 U.S.C. 3501 et seq.). Act for Fiscal Year 2017, which
views of experts and interested parties
‘‘Burden’’ is defined at 5 CFR 1320.3(b). in Government and the private sector addresses the preference for
Executive Order 12898 (59 FR 7629, regarding revising policies and performance-based payments, and to
February 16, 1994) establishes federal procedures with regard to customary streamline the performance-based
executive policy on environmental progress payment rates and maximum payment process. DoD is also proposing
justice. Its main provision directs performance-based payment rates for to amend the Defense Federal
federal agencies, to the greatest extent DoD contracts. Acquisition Regulation Supplement to
practicable and permitted by law, to revise progress payments and
DATES: Comment date: Comments on the
make environmental justice part of their performance-based payments policies
proposed rule should be submitted in
mission by identifying and addressing, for DoD contracts in order to increase its
writing to the address shown below on
as appropriate, disproportionately high or before October 23, 2018, to be business effectiveness and efficiency as
and adverse human health or considered in the formation of a final well as to provide an opportunity for
environmental effects of their programs, rule. both small and other than small entities
policies, and activities on minority Public meeting date: The public to qualify for increased customary
populations and low-income meeting will be held on October 10, progress payment rates and maximum
populations in the United States. 2018, from 9 a.m. to 12 p.m., EST. performance-based payment rates based
Because this action proposes Registration to attend this meeting must on whether the offeror/contractor has
authorization of pre-existing State rules be received by October 4, 2018, at 12 met certain performance criteria.
which are at least equivalent to, and no p.m., EST. Further information for the II. Public Meeting
less stringent than existing federal public meeting may be found under the
requirements, and imposes no heading SUPPLEMENTARY INFORMATION. DoD is hosting a public meeting on
additional requirements beyond those October 10, 2018, to obtain views of
ADDRESSES: Public meeting: The public
imposed by State law, and there are no experts and interested parties in
meeting will be held at the Mark Center
anticipated significant adverse human Government and the private sector
Auditorium, 4800 Mark Center Drive,
health or environmental effects, this regarding revising policies and
Alexandria, VA 22350–3603. The Mark
proposed rule is not subject to Executive procedures with regard to customary
Center Auditorium is located on level
Order 12898. B–1 of the building. progress payment rates and maximum
Submission of comments: Submit performance-based payment rates for
List of Subjects in 40 CFR Part 271 DoD contracts.
comments identified by DFARS Case
2017–D019, using any of the following Registration: To ensure adequate room
Environmental protection, accommodations and to facilitate
Administrative practice and procedure, methods:
Æ Federal eRulemaking Portal: http:// security screening and entry to the Mark
Confidential business information, Center, individuals wishing to attend
Hazardous waste, Hazardous waste www.regulations.gov. Search for
‘‘DFARS Case 2017–D019.’’ Select the public meeting must register by 12
transportation, Intergovernmental p.m., EST, on October 4, 2018, by
relations, Penalties, Reporting and ‘‘Comment Now’’ and follow the
instructions provided to submit a sending the following information via
recordkeeping requirements. email to osd.dfars@mail.mil:
comment. Please include ‘‘DFARS Case
Authority: This action is issued under the 2017–D019’’ on any attached (1) Company or organization name.
authority of sections 2002(a), 3006, and documents. (2) Full name, valid email address,
7004(b) of the Solid Waste Disposal Act as Æ Email: osd.dfars@mail.mil. Include and telephone number of each person
daltland on DSKBBV9HB2PROD with PROPOSALS
amended, 42 U.S.C. 6912(a), 6926, and DFARS Case 2017–D019 in the subject planning to attend, and whether the
6974(b). line of the message. individual is a U.S. citizen.
Dated: August 30, 2018. Æ Fax: 571–372–6094. (3) Name, title, organizational
Æ Mail: Defense Acquisition affiliation of presenter, if desiring to
Onis Glenn, III,
Regulations System, Attn: Ms. Amy G. make a presentation, limited to a
Regional Administrator, Region 4. Williams, OUSD(A&S)DPC/DARS, 5-minute presentation per company or
[FR Doc. 2018–20533 Filed 9–20–18; 8:45 am] Room 3B941, 3060 Defense Pentagon, organization. This limitation may be
BILLING CODE 6560–50–P Washington, DC 20301–3060. subject to adjustment, depending on the
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![47868 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Proposed Rules
number of entities requesting to present, 48 CFR Parts 232, 242, and 252 Programs; U.S. Fish and Wildlife
in order to ensure adequate time for Government procurement. Service, MS: BPHC; 5275 Leesburg Pike,
discussion. Falls Church, VA 22041.
Building entry: For each registrant, the Jennifer Lee Hawes, We will not accept emailed or faxed
Pentagon Force Protection Agency will Regulatory Control Officer, Defense comments. We will post all comments
send additional instructions to the email Acquisition Regulations System. on http://www.regulations.gov. This
address provided at the time of [FR Doc. 2018–20626 Filed 9–20–18; 8:45 am] generally means that your entire
registration. The registrant must follow BILLING CODE 5001–06–P submission—including any personal
the instructions in the email in order to identifying information—will be posted
be approved for entry to the Mark on the website. See the Public
Center. DEPARTMENT OF THE INTERIOR Comments section, below, for more
information.
One valid government-issued photo Meetings: The October 16–17, 2018,
identification card (i.e., driver’s license Fish and Wildlife Service
SRC meetings will be at the U.S. Fish
or passport) will be required in order to and Wildlife Service, 5600 American
enter the building. 50 CFR Part 20
Boulevard, Bloomington, MN 55437.
Attendees are encouraged to arrive at [Docket No. FWS–HQ–MB–2018–0030;
FOR FURTHER INFORMATION CONTACT: Ron
least 45 minutes early to accommodate FF09M21200–189–FXMB1231099BPP0]
W. Kokel at: Division of Migratory Bird
security procedures. Public parking is RIN 1018–BD10 Management, U.S. Fish and Wildlife
not available at the Mark Center. Service, Department of the Interior, MS:
Presentations: If you wish to make a Migratory Bird Hunting; Supplemental MB, 5275 Leesburg Pike, Falls Church,
presentation, please submit an Proposals for Migratory Game Bird VA 22041; (703) 358–1714.
electronic copy of your presentation to Hunting Regulations for the 2019–20 SUPPLEMENTARY INFORMATION:
osd.dfars@mail.mil by 12 p.m., EST, on Hunting Season; Notice of Meetings
October 4, 2018. When submitting a New Process for the Annual Migratory
AGENCY: Fish and Wildlife Service, Game Bird Hunting Regulations
presentation, provide the presenter’s
Interior.
name, organization affiliation, telephone As part of DOI’s retrospective
number, and email address on the cover ACTION: Proposed rule; supplemental. regulatory review, 3 years ago we
page. Please submit presentations only SUMMARY: We, the U.S. Fish and developed a schedule for migratory
and cite ‘‘Public Meeting, DFARS Case Wildlife Service (Service), proposed in game bird hunting regulations that is
2017–D019’’ in all correspondence an earlier document this year to more efficient and provides for States’
related to the public meeting. There will establish annual hunting regulations for selection of hunting season dates earlier
be no transcription at the meeting. The certain migratory game birds for the than was possible under the old process.
submitted presentations will be the only 2019–20 hunting season. This The new process makes planning easier
record of the public meeting and will be supplement to that proposed rule for the States and all parties interested
posted to the following website at the provides the regulatory alternatives for in migratory bird hunting. Beginning in
conclusion of the public meeting: the 2019–20 duck hunting seasons, the summer of 2015, with the
https://www.acq.osd.mil/dpap/dars/ announces the Service Migratory Bird development of the 2016–17 hunting
performance-based_payments_and_ Regulations Committee (SRC) and seasons, we started promulgating our
progress_payments.html. Flyway Council meetings, and provides annual migratory game bird hunting
Special accommodations: The public Flyway Council recommendations regulations using a new schedule that
meeting is physically accessible to resulting from their March meetings. combines the previously used early- and
people with disabilities. Requests for late-season regulatory processes into a
DATES:
reasonable accommodations, sign single process. We make decisions for
Comments: We will accept comments harvest management based on
language interpretation or other on this proposed rule and any
auxiliary aids should be directed to predictions derived from long-term
subsequent proposed rules resulting biological information and established
Daniel Weinstein at 571–372–6105, by from upcoming SRC meetings until
no later than October 1, 2018. harvest strategies and, therefore, can
January 15, 2019. establish migratory bird hunting seasons
The TTY number for further Meetings: The SRC will meet to
information is: 1–800–877–8339. When earlier than the system we used for
consider and develop proposed many years. Under the new process, we
the operator answers the call, let him or regulations for the 2019–20 migratory develop proposed hunting season
her know the agency is the Department game bird hunting seasons on October frameworks for a given year in the fall
of Defense; the point of contact is Daniel 16–17, 2018. Meetings on both days are of the prior year. We then finalize those
Weinstein at 571–372–6105. open to the public and will commence frameworks a few months later, thereby
Correspondence and comments: at approximately 8:30 a.m. enabling the State agencies to select and
Please cite ‘‘Public Meeting, DFARS ADDRESSES: publish their season dates in early
Case 2017–D019’’ in all correspondence Comments: You may submit summer. We provided a detailed
related to this public meeting. The comments on the proposals by one of overview of the new process in the
submitted presentations will be the only the following methods: August 3, 2017, Federal Register (82 FR
record of the public meeting. To have a • Federal eRulemaking Portal: http:// 36308). This proposed rule is the second
daltland on DSKBBV9HB2PROD with PROPOSALS
presentation considered as a public www.regulations.gov. Follow the in a series of proposed and final rules
comment for the formation of the final instructions for submitting comments for the establishment of the 2019–20
rule, the presentation, or pertinent on Docket No. FWS–HQ–MB–2018– hunting seasons.
excerpts, must be submitted separately 0030.
as a written comment as instructed in • U.S. Mail or Hand-Delivery: Public Service Migratory Bird Regulations
the paragraph titled ‘‘Submission of Comments Processing, Attn: FWS–HQ– Committee Meetings
Comments’’ in ADDRESSES. MB–2018–0030; Division of Policy, The SRC will conduct open meetings
Performance, and Management on October 16–17, 2018, to review
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Document Created: 2018-09-21 00:23:11
Document Modified: 2018-09-21 00:23:11
| 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 | Proposed Rules | |
| Action | Announcement of public meeting. | |
| Dates | Comment date: Comments on the proposed rule should be submitted | |
| Contact | Ms. Amy Williams, DPC/DARS, at 571- 372-6106. | |
| FR Citation | 83 FR 47867 | |
| RIN Number | 0750-AJ28 | |
| CFR Citation | 48
CFR
232 48 CFR 242 48 CFR 252 |
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