83 FR 62501 - Defense Federal Acquisition Regulation Supplement: Documentation for Interagency Contracts (DFARS Case 2018-D073)
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System Federal Register Volume 83, Issue 233 (December 4, 2018)
Defense Acquisition Regulations System
Federal Register Volume 83, Issue 233 (December 4, 2018)
| Page Range | 62501-62502 | |
| FR Document | 2018-26309 |
[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)] [Rules and Regulations] [Pages 62501-62502] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26309] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 217 [Docket DARS-2018-0054] RIN 0750-AK27 Defense Federal Acquisition Regulation Supplement: Documentation for Interagency Contracts (DFARS Case 2018-D073) 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 implement a section of the National Defense Authorization Act for Fiscal Year 2019 that removes the requirement to make a best procurement approach determination to use an interagency acquisition. DATES: Effective December 4, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372- 6093. SUPPLEMENTARY INFORMATION: I. Background DoD is amending the DFARS to implement section 875 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 115-232). Section 875 amends section 865 of the NDAA for FY 2009 (Pub. L. 110-417) by removing the requirement for agencies, [[Page 62502]] prior to requesting another agency to conduct an acquisition on its behalf, to make a determination that the use of an interagency acquisition represents the best procurement approach. The requirement for a best procurement approach determination is implemented at Federal Acquisition Regulations (FAR) 17.502-1(a). Removal of the requirement from the FAR, in accordance with section 875, is being accomplished under FAR case 2018-015. This rule removes supplemental text from DFARS 217.502-1 that advises contracting officers, when providing acquisition assistance to deployed DoD units or personnel from another DoD Component, to obtain the determination from the requiring DoD unit or personnel. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items This rule only impacts the internal operating procedures of the agency. As such, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold or for commercial items, including commercially available off-the-shelf items. III. Executive Orders 12866 and 13563 Executive Order (E.O.) 12866, Regulatory Planning and Review; and E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA), has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). IV. Executive Order 13771 This final rule is not an E.O. 13771 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 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 it only impacts determination and documentation processes that are internal to the agency. 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 V. 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. VII. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 217 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR part 217 is amended as follows: PART 217--SPECIAL CONTRACTING METHODS 0 1. The authority citation for 48 CFR part 217 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 0 2. Revise section 217.502-1 to read as follows: 217.502-1 General. (a) Written agreement on responsibility for management and administration-- (1) Assisted acquisitions. Follow the procedures at PGI 217.502- 1(a)(1), when a contracting activity from a DoD Component provides acquisition assistance to deployed DoD units or personnel from another DoD Component. [FR Doc. 2018-26309 Filed 12-3-18; 8:45 am] BILLING CODE 5001-06-P
![Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations 62501
its offer that it will utilize a Free Trade performance of the contract is a from countries listed in paragraph
Agreement country photovoltaic device domestic photovoltaic device; (d)(5)(ii) of this provision) are the
(other than a Bahrainian, Moroccan, ll (ii) The offeror certifies that each product of lll. [Offeror to specify
Panamanian, or Peruvian photovoltaic photovoltaic device to be utilized in country of origin, if known, and provide
device) or a qualifying country performance of the contract is a documentation that the cost of a
photovoltaic device, then the Contractor Canadian photovoltaic device or a domestic photovoltaic device would be
shall utilize a Free Trade Agreement qualifying country photovoltaic device unreasonable in comparison to the cost
country photovoltaic device (other than [Offeror to specify country of of the proposed foreign photovoltaic
a Bahrainian, Moroccan, Panamanian, or originlll]; or device, i.e. that the price of the foreign
Peruvian photovoltaic device) or a ll (iii) The foreign (other than photovoltaic device plus 50 percent is
qualifying country photovoltaic device; Canadian or qualifying country) less than the price of a comparable
or, at the Contractor’s option, a domestic photovoltaic devices to be utilized in domestic photovoltaic device.]
photovoltaic device; or performance of the contract are the (6) If $180,000 or more, the Offeror
(5) $180,000 or more, then the product of lll. [Offeror to specify certifies that each photovoltaic device to
Contractor shall utilize under this country of origin, if known, and provide be used in performance of the contract
contract only U.S.-made, designated documentation that the cost of a is—
country, or qualifying country domestic photovoltaic device would be ll (i) A U.S.-made photovoltaic
photovoltaic devices. unreasonable in comparison to the cost device; or
* * * * * of the proposed foreign photovoltaic ll (ii) A designated country
device, i.e. that the price of the foreign photovoltaic device or a qualifying
■ 9. Amend section 252.225–7018 by—
photovoltaic device plus 50 percent is country photovoltaic device. [Offeror to
■ a. In the introductory text, removing
less than the price of a comparable specify country of originlll.]
‘‘225.7017–5(b)’’ and adding ‘‘225.7017–
domestic photovoltaic device.] * * * * *
4(b)’’ in its place; (4) If $80,317 or more but less than
■ b. Removing clause date ‘‘(JAN 2018)’’ [FR Doc. 2018–26305 Filed 12–3–18; 8:45 am]
$100,000—
and adding ‘‘(DEC 2018)’’ in its place; ll (i) The offeror certifies that each
BILLING CODE 5001–06–P
■ c. Revising paragraphs (b)(1) and (2);
photovoltaic device to be utilized in
and performance of the contract is a
■ d. Revising paragraphs (d)(1), (d)(2)
DEPARTMENT OF DEFENSE
domestic photovoltaic device;
introductory text, and (d)(3) through (6). ll (ii) The offeror certifies that each Defense Acquisition Regulations
The revisions read as follows: photovoltaic device to be utilized in System
252.225–7018 Photovoltaic Devices— performance of the contract is a Free
Certificate. Trade Agreement country photovoltaic 48 CFR Part 217
* * * * * device (other than a Bahrainian, Korean,
[Docket DARS–2018–0054]
(b) * * * Moroccan, Panamanian, or Peruvian
(1) If more than the micro-purchase photovoltaic device) or a qualifying RIN 0750–AK27
threshold but less than $180,000, then country photovoltaic device [Offeror to
specify country of originlll]; or Defense Federal Acquisition
the Government will not accept an offer
specifying the use of other foreign ll (iii) The offered foreign Regulation Supplement:
photovoltaic devices (other than those Documentation for Interagency
photovoltaic devices in paragraph
from countries listed in paragraph Contracts (DFARS Case 2018–D073)
(d)(2)(ii), (d)(3)(ii), (d)(4)(ii), or (d)(5)(ii)
of this provision, unless the offeror (d)(4)(ii) of this provision) are the AGENCY: Defense Acquisition
documents to the satisfaction of the product of lll. [Offeror to specify Regulations System, Department of
Contracting Officer that the price of the country of origin, if known, and provide Defense (DoD).
foreign photovoltaic device plus 50 documentation that the cost of a
ACTION: Final rule.
percent is less than the price of a domestic photovoltaic device would be
comparable domestic photovoltaic unreasonable in comparison to the cost SUMMARY: DoD is issuing a final rule
device. of the proposed foreign photovoltaic amending the Defense Federal
(2) If $180,000 or more, then the device, i.e. that the price of the foreign Acquisition Regulation Supplement
Government will consider only offers photovoltaic device plus 50 percent is (DFARS) to implement a section of the
that utilize photovoltaic devices that are less than the price of a comparable National Defense Authorization Act for
U.S.-made, qualifying country, or domestic photovoltaic device.] Fiscal Year 2019 that removes the
(5) If $100,000 or more but less than requirement to make a best procurement
designated country photovoltaic
$180,000— approach determination to use an
devices.
ll (i) The offeror certifies that each
* * * * * interagency acquisition.
photovoltaic device to be utilized in
(d) * * * performance of the contract is a DATES: Effective December 4, 2018.
ll (1) No photovoltaic devices will domestic photovoltaic device; FOR FURTHER INFORMATION CONTACT: Ms.
be utilized in performance of the ll (ii) The offeror certifies that each Carrie Moore, telephone 571–372–6093.
contract, or such photovoltaic devices photovoltaic device to be utilized in SUPPLEMENTARY INFORMATION:
have an estimated value that does not performance of the contract is a Free
exceed the micro-purchase threshold. Trade Agreement country photovoltaic I. Background
(2) If more than the micro-purchase device (other than a Bahrainian, DoD is amending the DFARS to
threshold but less than $25,000— Moroccan, Panamanian, or Peruvian implement section 875 of the National
* * * * * photovoltaic device) or a qualifying Defense Authorization Act (NDAA) for
(3) If $25,000 or more but less than country photovoltaic device [Offeror to Fiscal Year (FY) 2019 (Pub. L. 115–232).
$80,317— specify country of originlll]; or Section 875 amends section 865 of the
ll (i) The offeror certifies that each ll (iii) The offered foreign NDAA for FY 2009 (Pub. L. 110–417) by
photovoltaic device to be utilized in photovoltaic devices (other than those removing the requirement for agencies,
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![62502 Federal Register / Vol. 83, No. 233 / Tuesday, December 4, 2018 / Rules and Regulations
prior to requesting another agency to V. Publication of This Final Rule for 217.502–1 General.
conduct an acquisition on its behalf, to Public Comment Is Not Required by (a) Written agreement on
make a determination that the use of an Statute responsibility for management and
interagency acquisition represents the administration—
best procurement approach. The The statute that applies to the (1) Assisted acquisitions. Follow the
requirement for a best procurement publication of the Federal Acquisition procedures at PGI 217.502–1(a)(1), when
Regulation (FAR) is Office of Federal a contracting activity from a DoD
approach determination is implemented
Procurement Policy statute (codified at Component provides acquisition
at Federal Acquisition Regulations
title 41 of the United States Code). assistance to deployed DoD units or
(FAR) 17.502–1(a). Removal of the Specifically, 41 U.S.C. 1707(a)(1)
requirement from the FAR, in personnel from another DoD
requires that a procurement policy, Component.
accordance with section 875, is being regulation, procedure or form (including [FR Doc. 2018–26309 Filed 12–3–18; 8:45 am]
accomplished under FAR case 2018– an amendment or modification thereof) BILLING CODE 5001–06–P
015. This rule removes supplemental must be published for public comment
text from DFARS 217.502–1 that advises if it relates to the expenditure of
contracting officers, when providing appropriated funds, and has either a DEPARTMENT OF DEFENSE
acquisition assistance to deployed DoD significant effect beyond the internal
units or personnel from another DoD operating procedures of the agency Defense Acquisition Regulations
Component, to obtain the determination issuing the policy, regulation, System
from the requiring DoD unit or procedure, or form, or has a significant
personnel. cost or administrative impact on 48 CFR Parts 217 and 252
contractors or offerors. This final rule is [Docket DARS–2018–D036]
II. Applicability to Contracts at or not required to be published for public
Below the Simplified Acquisition comment, because it only impacts RIN 0750–AJ87
Threshold and for Commercial Items, determination and documentation
Including Commercially Available Off- processes that are internal to the agency. Defense Federal Acquisition
the-Shelf Items Regulation Supplement: Modification
VI. Regulatory Flexibility Act of DFARS Clause ‘‘Surge Option’’
This rule only impacts the internal (DFARS Case 2018–D025)
operating procedures of the agency. As Because a notice of proposed
such, the rule does not impose any new rulemaking and an opportunity for AGENCY: Defense Acquisition
requirements on contracts at or below public comment are not required to be Regulations System, Department of
given for this rule under 41 U.S.C. Defense (DoD).
the simplified acquisition threshold or
for commercial items, including 1707(a)(1) (see section V. of this ACTION: Final rule.
commercially available off-the-shelf preamble), the analytical requirements
of the Regulatory Flexibility Act (5 SUMMARY: DoD is issuing a final rule
items. amending the Defense Federal
U.S.C. 601 et seq.) are not applicable.
III. Executive Orders 12866 and 13563 Accordingly, no regulatory flexibility Acquisition Regulation Supplement
analysis is required and none has been (DFARS) to revise a clause to reflect
Executive Order (E.O.) 12866, prepared. current terminology and industry
Regulatory Planning and Review; and practices, pursuant to action taken by
E.O. 13563, Improving Regulation and VII. Paperwork Reduction Act the DoD Regulatory Reform Task Force.
Regulatory Review, direct agencies to The rule does not contain any DATES: Effective December 4, 2018.
assess all costs and benefits of available information collection requirements that FOR FURTHER INFORMATION CONTACT: Ms.
regulatory alternatives and, if regulation require the approval of the Office of Carrie Moore, telephone 571–372–6093.
is necessary, to select regulatory Management and Budget under the SUPPLEMENTARY INFORMATION:
approaches that maximize net benefits Paperwork Reduction Act (44 U.S.C.
(including potential economic, I. Background
chapter 35).
environmental, public health and safety DoD published a proposed rule in the
effects, distributive impacts, and List of Subjects in 48 CFR Part 217 Federal Register at 83 FR 30659 on June
equity). E.O. 13563 emphasizes the Government procurement. 29, 2018, to modify DFARS clause
importance of quantifying both costs 252.217–7001, Surge Option, to replace
and benefits, of reducing costs, of Jennifer Lee Hawes, the term ‘‘Production Surge Plan (DI–
harmonizing rules, and of promoting Regulatory Control Officer, Defense MGMT–80969)’’ with ‘‘Capabilities
flexibility. The Office of Management Acquisition Regulations System. Analysis Plan (CAP)’’ and add text to
and Budget, Office of Information and permit the option increase of supplies or
Regulatory Affairs (OIRA), has Therefore, 48 CFR part 217 is services called for under the clause to be
determined that this is not a significant amended as follows: expressed as a specific number. The
regulatory action as defined under associated clause prescription at DFARS
PART 217—SPECIAL CONTRACTING 217.208–70(b) is amended to reflect that
section 3(f) of E.O. 12866 and, therefore, METHODS
was not subject to review under section the option increase of supplies or
services may also be expressed as a
6(b). This rule is not a major rule as ■ 1. The authority citation for 48 CFR specific number. This rule supports a
defined at 5 U.S.C. 804(2). part 217 continues to read as follows: recommendation from the DoD
IV. Executive Order 13771 Authority: 41 U.S.C. 1303 and 48 CFR Regulatory Reform Task Force under
chapter 1. Executive Order (E.O.) 13777, Enforcing
This final rule is not an E.O. 13771 the Regulatory Reform Agenda.
regulatory action, because this rule is ■ 2. Revise section 217.502–1 to read as One respondent submitted a public
not significant under E.O. 12866. follows: comment in response to the proposed
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Document Created: 2018-12-04 00:42:49
Document Modified: 2018-12-04 00:42:49
| 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 December 4, 2018. | |
| Contact | Ms. Carrie Moore, telephone 571-372- 6093. | |
| FR Citation | 83 FR 62501 | |
| RIN Number | 0750-AK27 |
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