Defense Federal Acquisition Regulation Supplement: Contracts or Delivery Orders Issued by a Non-DoD Agency (DFARS Case 2015-D014), 51750-51751 [2015-20871]
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51750
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 211
[Docket No. DARS–2015–0041]
RIN 0750–AI65
Defense Federal Acquisition
Regulation Supplement: Item Unique
Identification Prescription Correction
(DFARS Case 2014–D021)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to correct the prescription for
a clause.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Dustin Pitsch, telephone 571–372–6090.
SUPPLEMENTARY INFORMATION:
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
I. Background
This final rule corrects the clause
prescription at DFARS 211.274–6(a)(1)
to reflect a change that was addressed
and previously published for public
comment in the Federal Register for
proposed rule 2011–D055, Item Unique
Identifier Update, on June 15, 2012 (77
FR 35921). The proposed rule presented
edits to the prescription for the clause
252.211–7003, Item Unique
Identification and Valuation. One of the
changes was inadvertently omitted from
the final rule, which was published in
the Federal Register on December 16,
2013 (78 FR 76067). Due to baseline
changes that occurred (in DFARS rule
2012–D001) between the time when the
proposed rule was published and the
final rule was published, the revision
from the proposed rule to the clause
prescription was not reflected in the
publication of the final rule. One of the
public comments received in response
to the proposed rule was related to the
clause prescription. The comment,
which recommended inclusion of
clarifying text related to ‘‘real property,’’
was addressed in the final rule, had no
impact on the clause prescription in the
final rule, and is inconsequential to the
correction being made in this rule.
The correction to the prescription at
DFARS 211.274–6(a)(1) for clause
252.211–7003, Item Unique
Identification and Valuation, clarifies
that the clause is used in solicitations
and contracts that include the
furnishing of ‘‘supplies, and for services
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12:34 Aug 25, 2015
Jkt 235001
involving the furnishing of supplies,
unless the exceptions at 211.274–2(b)
apply.’’ The current clause prescription
does not directly address the exceptions
for use of the clause and instead states
that the clause applies to items ‘‘that
require item identification or valuation,
or both, in accordance with 211.274–2
and 211.274–3.’’ This final rule corrects
the clause prescription to reflect the
changes anticipated by the 2011–D055
proposed rule.
II. 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.
III. Regulatory Flexibility Act
Initial and final regulatory flexibility
analyses were previously prepared
consistent with the Regulatory
Flexibility Act 5 U.S.C. 601, et seq.,
under the DFARS Case 2011–D055
proposed and final rules, respectively.
IV. 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 211
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 211 is
amended as follows:
PART 211—DESCRIBING AGENCY
NEEDS
1. The authority citation for 48 CFR
part 211 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Frm 00028
Fmt 4700
Sfmt 4700
211.274–6
Contract clauses.
(a)(1) Use the clause at 252.211–7003,
Item Unique Identification and
Valuation, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, for
supplies, and for services involving the
furnishing of supplies, unless the
conditions in 211.274–2(b) apply.
*
*
*
*
*
[FR Doc. 2015–20876 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
[Docket No. DARS–2015–0039]
RIN 0750–AI63
Defense Federal Acquisition
Regulation Supplement: Contracts or
Delivery Orders Issued by a Non-DoD
Agency (DFARS Case 2015–D014)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove duplicative text
relating to contracts or delivery orders
issued by a non-DoD Agency and
relocate remaining text to conform to
the Federal Acquisition Regulation
(FAR).
SUMMARY:
DATES:
Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms.
Tresa Sullivan, 571–372–6089.
SUPPLEMENTARY INFORMATION:
I. Background
Government procurement.
PO 00000
2. Amend section 211.274–6 by
revising paragraph (a)(1) to read as
follows:
■
DoD is amending the DFARS to move
the coverage at DFARS subpart 217.78,
Contracts or Delivery Orders Issued by
a Non-DoD Agency, to DFARS subpart
217.7, Interagency Acquisitions:
Acquisitions by Nondefense Agencies
on Behalf of the Department of Defense.
This change will align the DFARS with
the same coverage in the FAR. In
addition, some duplicative text and
definitions for ‘‘non-DoD agency’’ and
‘‘non-DoD agency that is an element of
the intelligence community’’ were
removed from the DFARS coverage,
E:\FR\FM\26AUR1.SGM
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
51751
since the subject matter is now
addressed in FAR subpart 17.7.
List of Subjects in 48 CFR Part 217
Government procurement.
for one or more other departments or
agencies of the Federal Government.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
217.770
The statute that applies to the
publication of the Federal Acquisition
Regulation is 41 U.S.C. 1707,
Publication of Proposed Regulations.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it 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 deletes
duplicative text and relocates text
within the DFARS. These DFARS
updates are administrative in nature and
therefore do not have a significant cost
or administrative impact on contractors
or offerors.
Therefore, 48 CFR part 217 is
amended as follows:
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. Regulatory Flexibility Act
rmajette on DSK7SPTVN1PROD with RULES
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
V. 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).
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
PART 217—SPECIAL CONTRACTING
METHODS
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.
2. Add subpart 217.7 to read as
follows:
■
Subpart 217.7—Interagency
Acquisitions: Acquisitions by
Nondefense Agencies on Behalf of the
Department of Defense
Sec.
217.700
217.701
217.770
Scope of subpart.
Definitions.
Procedures.
Subpart 217.7—Interagency
Acquisitions: Acquisitions by
Nondefense Agencies on Behalf of the
Department of Defense
217.700
Scope of subpart.
This subpart—
(a) Implements section 854 of the
National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108–375),
section 801 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181), and section 806 of
the National Defense Authorization Act
for Fiscal Year 2010 (Pub. L. 111–84);
and
(b) Prescribes policy for the
acquisition of supplies and services
through the use of contracts or orders
issued by non-DoD agencies.
217.701
Subpart 217.78 [Removed and
Reserved]
3. Remove and reserve subpart 217.78,
consisting of sections 217.7800,
217.7801, and 217.7802.
■
[FR Doc. 2015–20871 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Definitions.
As used in this subpart—
Assisted acquisition means the type of
interagency contracting through which
acquisition officials of a non-DoD
agency award a contract or a task or
delivery order for the acquisition of
supplies or services on behalf of DoD.
Direct acquisition means the type of
interagency contracting through which
DoD orders a supply or service from a
Governmentwide acquisition contract
maintained by a non-DoD agency.
Governmentwide acquisition contract
means a task or delivery order contract
that—
(1) Is entered into by a non-defense
agency; and
(2) May be used as the contract under
which property or services are procured
PO 00000
Procedures.
Departments and agencies shall
establish and maintain procedures for
reviewing and approving orders placed
for supplies and services under nonDoD contracts, whether through direct
acquisition or assisted acquisition,
when the amount of the order exceeds
the simplified acquisition threshold.
These procedures shall include—
(a) Evaluating whether using a nonDoD contract for the acquisition is in the
best interest of DoD. Factors to be
considered include—
(1) Satisfying customer requirements;
(2) Schedule;
(3) Cost effectiveness (taking into
account discounts and fees). In order to
ensure awareness of the total cost of fees
associated with use of a non-DoD
contract, follow the procedures at PGI
217.703(1)(iii); and
(4) Contract administration (including
oversight);
(b) Determining that the tasks to be
accomplished or supplies to be
provided are within the scope of the
contract to be used;
(c) Reviewing funding to ensure that
it is used in accordance with
appropriation limitations; and
(d) Collecting and reporting data on
the use of assisted acquisition for
analysis. Follow the reporting
requirements in subpart 204.6.
Frm 00029
Fmt 4700
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Defense Acquisition Regulations
System
48 CFR Parts 225 and 236
[Docket No. DARS–2015–0019]
RIN 0750–AI52
Defense Federal Acquisition
Regulation Supplement: Use of Military
Construction Funds (DFARS Case
2015–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
without change, an interim rule
SUMMARY:
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51750-51751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20871]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 217
[Docket No. DARS-2015-0039]
RIN 0750-AI63
Defense Federal Acquisition Regulation Supplement: Contracts or
Delivery Orders Issued by a Non-DoD Agency (DFARS Case 2015-D014)
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 duplicative text
relating to contracts or delivery orders issued by a non-DoD Agency and
relocate remaining text to conform to the Federal Acquisition
Regulation (FAR).
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, 571-372-6089.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to move the coverage at DFARS subpart
217.78, Contracts or Delivery Orders Issued by a Non-DoD Agency, to
DFARS subpart 217.7, Interagency Acquisitions: Acquisitions by
Nondefense Agencies on Behalf of the Department of Defense. This change
will align the DFARS with the same coverage in the FAR. In addition,
some duplicative text and definitions for ``non-DoD agency'' and ``non-
DoD agency that is an element of the intelligence community'' were
removed from the DFARS coverage,
[[Page 51751]]
since the subject matter is now addressed in FAR subpart 17.7.
II. 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 is 41 U.S.C. 1707, Publication of Proposed
Regulations. Paragraph (a)(1) of the statute requires that a
procurement policy, regulation, procedure or form (including an
amendment or modification thereof) must be published for public comment
if it 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 deletes duplicative text and relocates text within
the DFARS. These DFARS updates are administrative in nature and
therefore do not have a significant cost or administrative impact on
contractors or offerors.
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. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
V. 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 L. Hawes,
Editor, 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. Add subpart 217.7 to read as follows:
Subpart 217.7--Interagency Acquisitions: Acquisitions by Nondefense
Agencies on Behalf of the Department of Defense
Sec.
217.700 Scope of subpart.
217.701 Definitions.
217.770 Procedures.
Subpart 217.7--Interagency Acquisitions: Acquisitions by Nondefense
Agencies on Behalf of the Department of Defense
217.700 Scope of subpart.
This subpart--
(a) Implements section 854 of the National Defense Authorization
Act for Fiscal Year 2005 (Pub. L. 108-375), section 801 of the National
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), and
section 806 of the National Defense Authorization Act for Fiscal Year
2010 (Pub. L. 111-84); and
(b) Prescribes policy for the acquisition of supplies and services
through the use of contracts or orders issued by non-DoD agencies.
217.701 Definitions.
As used in this subpart--
Assisted acquisition means the type of interagency contracting
through which acquisition officials of a non-DoD agency award a
contract or a task or delivery order for the acquisition of supplies or
services on behalf of DoD.
Direct acquisition means the type of interagency contracting
through which DoD orders a supply or service from a Governmentwide
acquisition contract maintained by a non-DoD agency.
Governmentwide acquisition contract means a task or delivery order
contract that--
(1) Is entered into by a non-defense agency; and
(2) May be used as the contract under which property or services
are procured for one or more other departments or agencies of the
Federal Government.
217.770 Procedures.
Departments and agencies shall establish and maintain procedures
for reviewing and approving orders placed for supplies and services
under non-DoD contracts, whether through direct acquisition or assisted
acquisition, when the amount of the order exceeds the simplified
acquisition threshold. These procedures shall include--
(a) Evaluating whether using a non-DoD contract for the acquisition
is in the best interest of DoD. Factors to be considered include--
(1) Satisfying customer requirements;
(2) Schedule;
(3) Cost effectiveness (taking into account discounts and fees). In
order to ensure awareness of the total cost of fees associated with use
of a non-DoD contract, follow the procedures at PGI 217.703(1)(iii);
and
(4) Contract administration (including oversight);
(b) Determining that the tasks to be accomplished or supplies to be
provided are within the scope of the contract to be used;
(c) Reviewing funding to ensure that it is used in accordance with
appropriation limitations; and
(d) Collecting and reporting data on the use of assisted
acquisition for analysis. Follow the reporting requirements in subpart
204.6.
Subpart 217.78 [Removed and Reserved]
0
3. Remove and reserve subpart 217.78, consisting of sections 217.7800,
217.7801, and 217.7802.
[FR Doc. 2015-20871 Filed 8-25-15; 8:45 am]
BILLING CODE 5001-06-P
