Defense Federal Acquisition Regulation Supplement: Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048), 28793-28794 [2013-11401]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28793-28794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11401]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

RIN 0750-AH84


Defense Federal Acquisition Regulation Supplement: Preparation of 
Letter of Offer and Acceptance (DFARS Case 2012-D048)

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

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address the contracting officer role 
in assisting the DoD implementing agency in preparation of the letter 
of offer and acceptance for a foreign military sales program that will 
require an acquisition.

DATES: Comment Date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before July 15, 2013, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2012-D048, using 
any of the following methods:
    [cir] Regulations.gov: https://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D048'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2012-D048.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2012-D048'' on your attached document.
    [cir] Email: dfars@osd.mil. Include DFARS Case 2012-D048 in the 
subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to https://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, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend DFARS 225.7302 to revise and move the 
text at PGI 225.7302(1) into the DFARS, because of potential impact on 
contractors.

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

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. However, DoD has 
prepared an Initial Regulatory Flexibility Analysis, which is 
summarized as follows:
    This action is necessary because the directions to the contracting 
officer at PGI 225.7302(1) may have impact on prospective contractors, 
and therefore require relocation to the DFARS.
    The objective of this rule is to provide direction to the 
contracting officer on actions required to work with the

[[Page 28794]]

prospective contractor to assist the DoD implementing activity in 
preparing the letter of offer and acceptance for a foreign military 
sales program that requires an acquisition. The legal basis for the 
rule is 41 U.S.C. 1303.
    The rule will apply to approximately 380 small entities, based on 
the FPDS data for FY 2011 of the number of noncompetitive contract 
awards to small business entities that exceed $10,000 and use FMS 
funds.
    There is no required reporting or recordkeeping. The rule requires 
the contracting officer to communicate with prospective FMS contractors 
in order to assist the DoD implementing agency in preparation of the 
letter of offer and acceptance. The contracting officer may request 
information on price, delivery, and other relevant factors, and provide 
information to the prospective contractor with regard to the FMS 
customer.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    DoD does not expect the rule will have a significant economic 
impact on a significant number of small entities. No significant 
alternatives were identified that would accomplish the objectives of 
the proposed rule.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (DFARS Case 2012-D048), in 
correspondence.

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 225

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR part 225 as follows:

PART 225--CONTRACTING BY NEGOTIATION

0
1. The authority citation for part 225 continues to read as follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Revise section 225.7302 to read as follows:


225.7302  Preparation of letter of offer and acceptance.

    For FMS programs that will require an acquisition, the contracting 
officer shall assist the DoD implementing agency responsible for 
preparing the Letter of Offer and Acceptance (LOA) by--
    (1) Working with prospective contractors to--
    (i) Identify, in advance of the LOA, any unusual provisions or 
deviations (such as those requirements for Pseudo LOAs identified at 
PGI 225.7301);
    (ii) Advise the contractor if the DoD implementing agency expands, 
modifies, or does not accept any key elements of the prospective 
contractor's proposal;
    (iii) Identify any logistics support necessary to perform the 
contract (such as those requirements identified at PGI 225.7301); and
    (iv) For noncompetitive acquisitions over $10,000, ask the 
prospective contractor for information on price, delivery, and other 
relevant factors. The request for information shall identify the fact 
that the information is for a potential foreign military sale and shall 
identify the foreign customer; and
    (2) Working with the DoD implementing agency responsible for 
preparing the LOA, as specified in PGI 225.7302.

[FR Doc. 2013-11401 Filed 5-15-13; 8:45 am]
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