Federal Acquisition Regulation; Interagency Acquisitions: Compliance by Nondefense Agencies With Defense Procurement Requirements, 37684-37686 [2013-14613]
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
a. Revising the section heading;
b. Revising the clause heading and the
date of the clause;
■ c. Removing from paragraph (b)
‘‘Central Contractor Registration (CCR)’’
and ‘‘CCR’’ and adding ‘‘System for
Award Management (SAM)’’ and
‘‘SAM’’ in its place, respectively;
■ d. Removing from paragraph (d)
‘‘CCR’’ and adding ‘‘SAM’’ in its place
(two times); and
■ e. Removing from paragraph (g) and
paragraph (i) ‘‘CCR’’ and adding ‘‘SAM’’
in its place.
The revised text reads as follows:
■
■
52.232–33 Payment by Electronic Funds
Transfer—System for Award Management.
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■ 68. Amend section 52.232–34 by
revising the section and clause headings
and the date of the clause to read as
follows:
52.232–34 Payment by Electronic Funds
Transfer—Other than System for Award
Management.
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*
*
*
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Submission of Electronic Funds Transfer
Information With Offer (Jul 2013)
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72. Amend section 52.244–6 by
revising the date of the clause and
paragraph (c)(1)(iii) to read as follows.
■
52.244–6
Items.
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*
*
*
52.232–38 Submission of Electronic Funds
Transfer Information with Offer.
*
Subcontracts for Commercial
*
*
*
Subcontracts for Commercial Items (Jul
2013)
Payment by Electronic Funds Transfer—
System for Award Management (Jul 2013)
*
and adding ‘‘System for Award
Management’’ in its place.
The revised text reads as follows:
*
Payment by Electronic Funds Transfer—
Other than System for Award Management
(Jul 2013)
*
*
*
*
■ 69. Amend section 52.232–35 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (a)
‘‘Central Contractor Registration’’ and
adding ‘‘System for Award
Management’’ in its place.
The revised text reads as follows:
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(c)(1) * * *
(iii) 52.219–8, Utilization of Small
Business Concerns (Jul 2013) (15 U.S.C.
637(d)(2) and (3)), if the subcontract offers
further subcontracting opportunities. If the
subcontract (except subcontracts to small
business concerns) exceeds $650,000 ($1.5
million for construction of any public
facility), the subcontractor must include
52.219–8 in lower tier subcontracts that offer
subcontracting opportunities.
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[FR Doc. 2013–14612 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
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52.232–35 Designation of Office for
Government Receipt of Electronic Funds
Transfer Information.
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RIN 9000–AM36
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■ 70. Amend section 52.232–36 by:
■ a. Revising the date of the clause; and
■ b. Removing from paragraph (a)(2)
‘‘Central Contractor Registration (CCR)’’
and ‘‘CCR’’ and adding ‘‘System for
Award Management (SAM)’’ and
‘‘SAM’’ in their places, respectively.
The revised text reads as follows:
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Payment by Third Party (Jul 2013)
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71. Amend section 52.232–38 by:
a. Revising the date of the clause; and
b. Removing from the introductory
text ‘‘Central Contractor Registration’’
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Federal Acquisition Regulation;
Interagency Acquisitions: Compliance
by Nondefense Agencies With Defense
Procurement Requirements
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
adopting as final, with changes, an
interim rule amending the Federal
Acquisition Regulation (FAR) to add
new requirements specific to the
acquisition of supplies and services by
nondefense agencies on behalf of DoD.
This rule implements a section of the
National Defense Authorization Act
SUMMARY:
Payment by Third Party.
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2005–67; FAR Case 2012–010; Item
IV; Docket 2012–0010, Sequence 1]
Designation of Office for Government
Receipt of Electronic Funds Transfer
Information (Jul 2013)
*
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 4 and 17
*
52.232–36
DEPARTMENT OF DEFENSE
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(NDAA) for Fiscal Year (FY) 2008, with
later amendments; and section 801 of
the NDAA for FY 2013, Public Law 112–
239.
DATES: Effective Date: July 22, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Patricia Corrigan, Procurement Analyst,
at 202–208–1963 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–67, FAR
Case 2012–010.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
77 FR 69720 on November 20, 2012, to
implement the requirements of section
801 of the NDAA for FY 2008 (Pub. L.
110–181) as amended, (10 U.S.C. 2304
note). The interim rule made the
following changes:
• Clarified FAR 4.603(c) regarding the
allocation of socioeconomic credit to the
requesting agency for assisted
acquisitions.
• Created a new FAR subpart 17.7,
which establishes the policy related to
internal controls and compliance
certification under which nondefense
agencies may procure supplies and
services on behalf of DoD and identified
DoD acquisition official responsibilities
to identify DoD unique requirements.
The new FAR subpart 17.7 crossreferences and is cross-referenced at
FAR subpart 17.5, Interagency
Acquisitions.
To implement the NDAA for FY 2013,
this final rule changes ‘‘defense’’ to
‘‘applicable’’ in FAR 17.703(a) and (b).
Three respondents submitted
comments on the interim rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
No significant changes have been
made in the final rule. However, the
following minor changes have been
made:
(1) References to the term ‘‘defense
procurement’’ have been changed to
‘‘applicable procurement’’ in order to
implement section 801 of the NDAA FY
2013, Pub. L. 112–239.
(2) Based on public comment, DoD
class deviations have been included in
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the list of laws and regulations that
apply to procurements of supplies and
services made by DoD through other
Federal agencies in FAR 17.703(b)(2).
B. Analysis of Public Comments
1. Location of Coverage
Comment: Suggest that this coverage
be moved to a new section within FAR
subpart 17.5 (e.g., FAR 17.505). This
way, the rule would be where readers
would reasonably expect it to be and
they would not have to move back and
forth between subparts, which are
typically located on different Web
pages.
Response: To simplify locating the
required regulations, a cross reference to
FAR subpart 17.7 is included at FAR
17.500 and another cross reference to
FAR subpart 17.5 is included at FAR
17.700.
2. Compliance With DoD Class
Deviations
Comment: FAR 17.703(b)(2) does not
mention DoD class deviations to the
FAR and Defense Federal Acquisition
Regulation Supplement (DFARS). If
nondefense agencies will be required to
comply with DoD class deviations, it is
suggested that this be explicitly stated
along with a Web address where they
can be found.
Response: The rule was amended to
reference DoD class deviations and the
Web address where they can be found.
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3. Definition of DoD ‘‘Acquisition
Official’’
Comment: The commenter knew what
a contracting officer is, but wondered
what a DoD ‘‘acquisition official’’ other
than a contracting officer might be. The
commenter added that ‘‘all approvals
should be routed through the office of
the contracting division that would
otherwise write the contract.’’
Response: The term ‘‘Department of
Defense (DoD) acquisition official’’ is
defined in FAR 17.701, consistent with
statute, and is used throughout FAR
subpart 17.7. Specific guidance
regarding designation of agency
acquisition officials, their delegated
authority, and routing of contractual
documents is more suitable for
inclusion in agency regulations rather
than the FAR.
4. Frequency of Nondefense Agency
Compliance Certifications
Comment: The commenter sees no
benefit in adhering to an ‘‘annual’’ fiscal
year self-certification requirement that
ensures a nondefense agency is
compliant with defense procurement
requirements. The commenter
recommends, as a means of eliminating
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non-value-added paperwork for all
parties and procurement delays, that
DoD seek approval to change the
nondefense agency self-certification
requirement from ‘‘each fiscal year’’ to
‘‘every five years.’’
Response: The annual certification
requirement for nondefense agencies
that acquire supplies and services on
behalf of DoD included in FAR subpart
17.7 is prescribed by law. The
suggestion submitted by the commenter
requires a statutory change that is
beyond the scope of this FAR case.
small entities. Improved data accuracy can
have a positive impact on agencies’ annual
small business goals.
The interim rule was published as part of
FAC 2005–62 on November 20, 2012 (77 FR
69720). None of the comments received
concerned the initial regulatory flexibility
analysis.
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.
V. Paperwork Reduction Act
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared
a Final Regulatory Flexibility Analysis
(FRFA) consistent with the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. The
FRFA is summarized as follows:
Implementation of section 801 of the
NDAA for FY 2008 (Pub. L. 110–181), section
806 of the NDAA for FY 2010 (Pub. L. 111–
84), section 817 of the NDAA for FY 2012
(Pub. L. 112–81), and section 801 of the
NDAA for FY 2013 (Pub. L. 112–239) address
requirements specific to the acquisition of
property and services by non-defense
agencies on behalf of DoD, and are therefore,
internal to the Government.
However, this rule also amends the FAR to
include a clarification at 4.603(c), restating
existing Office of Federal Procurement Policy
(OFPP) and Federal Procurement Data
System (FPDS) policy regarding the
allocation of socio-economic credit for
assisted acquisitions, i.e., ‘‘for assisted
acquisitions, the requesting agency will
receive socio-economic credit for meeting
small business goals, where applicable.’’
Although we do not expect the clarification
to have a direct economic impact on a
substantial number of small entities, there is
the possibility that the regulatory
clarification may improve the accuracy of
FPDS data submissions allocating socioeconomic credit to agencies for contracts and
orders awarded to a substantial number of
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Interested parties may obtain a copy
of the FRFA from the Regulatory
Secretariat. The Regulatory Secretariat
has submitted a copy of the FRFA to the
Chief Counsel for Advocacy of the Small
Business Administration.
The final 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 Parts 4 and
17
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 4 and 17, which
was published in the Federal Register at
77 FR 69720, November 20, 2012, is
adopted as final with the following
change:
PART 17—SPECIAL CONTRACTING
METHODS
1. The authority citation for 48 CFR
part 17 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Amend section 17.703 by—
a. Removing from paragraph (a) and
the introductory text of paragraph (b)
‘‘with defense’’ and adding ‘‘with
applicable’’ in its place; and
■ b. Revising paragraph (b)(2).
The revised text reads as follows:
■
■
17.703
Policy.
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(b) * * *
(2) Laws and regulations that apply to
procurements of supplies and services
made by DoD through other Federal
agencies, including DoD financial
management regulations, the Defense
Federal Acquisition Regulation
Supplement (DFARS), DoD class
deviations, and the DFARS Procedures,
Guidance, and Information (PGI). (The
DFARS, DoD class deviations, and PGI
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Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
1800 F Street NW., 2nd Floor,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–67, FAR Case
2013–005, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Marissa Petrusek, Procurement Analyst,
at 202–501–0136 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–67, FAR
Case 2013–005.
SUPPLEMENTARY INFORMATION:
are accessible at: https://
www.acq.osd.mil/dpap/dars).
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[FR Doc. 2013–14613 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 12, 13, 32, 43, and 52
[FAC 2005–67; FAR Case 2013–005; Item
V; Docket 2013–0005, Sequence 1]
RIN 9000–AM45
I. Background
Federal Acquisition Regulation; Terms
of Service and Open-Ended
Indemnification, and Unenforceability
of Unauthorized Obligations
In a recent opinion, DOJ’s OLC noted
that the Anti-Deficiency Act (31 U.S.C.
1341) is violated when a Government
contracting officer or other employee
with authority to bind the Government
agrees, without statutory authorization
or other exception, to an open-ended,
unrestricted indemnification clause. See
the March 27, 2012, Memorandum for
the Assistant General Counsel for
Administration, United States
Department of Commerce, available at
https://www.justice.gov/olc/2012/aagada-impls-of-consent-by-govt-empls.pdf.
This opinion states that the AntiDeficiency Act is violated under some
circumstances when consent is given by
a Government employee to online terms
of service agreements containing an
open-ended indemnification clause. The
amendments made by this rule are
designed to prevent violations such as
those mentioned above, and other
similar types of violations, from
occurring in future Federal contracts.
The OLC opinion discusses a
situation where a Government purchase
card holder consents to an online terms
of service (TOS) agreement in the course
of registering for an account with a
social media application on the Internet
that holds the provider of the service
harmless in the event harm is caused to
a third party when the application is
used by the Government. OLC explained
that an Anti-Deficiency Act violation
has occurred because an agency’s
agreement to an open-ended
indemnification clause could result in
the agency’s legal liability for an amount
in excess of the agency’s appropriation.
On April 4, 2013, the Office of
Management and Budget (OMB) issued
guidance outlining a series of
management actions to ensure agencies
act in compliance with the AntiDeficiency Act and in accordance with
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCY:
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
address concerns raised in an opinion
from the U.S. Department of Justice
(DOJ) Office of Legal Counsel (OLC)
involving the use of unrestricted, openended indemnification clauses in
acquisitions for social media
applications.
SUMMARY:
Effective Date: June 21, 2013.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat at one of the
addresses shown below on or before
August 20, 2013 to be considered in the
formation of the final rule.
ADDRESSES: Submit comments
identified by FAC 2005–67, FAR Case
2013–005, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2013–005’’.
Select the link ‘‘Submit a Comment’’
that corresponds with ‘‘FAR Case 2013–
005.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘FAR Case 2013–
005’’ on your attached document.
• Fax: 202–501–4067.
• Mail: U.S. General Services
Administration, Regulatory Secretariat
Division (MVCB), ATTN: Hada Flowers,
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OLC’s opinion. See OMB Guidance M–
13–10, Antideficiency Act Implications
of Certain Online Terms of Service
Agreements, available at https://
www.whitehouse.gov/sites/default/files/
omb/memoranda/2013/m-13-10.pdf.
These actions include consultation with
agency counsel and review of a GSAmaintained list of social media
applications governed by TOS
agreements that are compatible with
Federal law, regulation, and practice.
The due diligence steps described in
OMB’s guidance are designed to
minimize disruption to agencies’
continued use of social media products
in support of initiatives that promote
greater openness, transparency, and
citizen engagement.
As a further step to help agencies
maintain their ability to purchase social
media products, OMB called on the
Federal Acquisition Regulatory Council
(FAR Council) to promptly develop
appropriate Governmentwide
regulations to address the risk of an
Anti-Deficiency Act violation
indentified in OLC’s opinion. Such
action is necessary to facilitate a
consistent approach across agencies for
ensuring that future Federal contract
actions do not involve the type of openended indemnification provisions
discussed in OLC’s opinion that give
rise to Anti-Deficiency Act violations.
This interim rule focuses only on
open-ended indemnification clauses to
address the concern raised in OLC’s
opinion. However, there are also other
clauses in commercial End User License
Agreement (EULA) and TOS that could
result in a violation of the AntiDeficiency Act if executed by a
contracting officer. For instance, a
clause that automatically renews a
contract, such as for subscription
services, at its expiration would violate
the Anti-Deficiency Act if it obligated
the Government to pay for supplies or
services in advance of the agency’s
appropriation. Additional coverage may
be necessary to address these other
instances of potential Anti-Deficiency
Act (and other Federal law) violations.
II. Discussion and Analysis
This FAR case amends FAR parts 12,
13, 32, 43, and 52 to provide additional
guidance and clauses to address OLC’s
opinion with respect to purchases
containing an EULA, TOS, or other
similar agreement containing an
indemnification provision.
The objective of the interim rule is to
clarify that the inclusion of an openended indemnification clause in a
EULA, TOS, or other agreement, is not
binding on the Government unless
expressly authorized by law, and shall
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]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37684-37686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14613]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4 and 17
[FAC 2005-67; FAR Case 2012-010; Item IV; Docket 2012-0010, Sequence 1]
RIN 9000-AM36
Federal Acquisition Regulation; Interagency Acquisitions:
Compliance by Nondefense Agencies With Defense Procurement Requirements
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are adopting as final, with changes, an
interim rule amending the Federal Acquisition Regulation (FAR) to add
new requirements specific to the acquisition of supplies and services
by nondefense agencies on behalf of DoD. This rule implements a section
of the National Defense Authorization Act (NDAA) for Fiscal Year (FY)
2008, with later amendments; and section 801 of the NDAA for FY 2013,
Public Law 112-239.
DATES: Effective Date: July 22, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Patricia Corrigan, Procurement
Analyst, at 202-208-1963 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-67, FAR Case 2012-
010.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 77 FR 69720 on November 20, 2012, to implement the
requirements of section 801 of the NDAA for FY 2008 (Pub. L. 110-181)
as amended, (10 U.S.C. 2304 note). The interim rule made the following
changes:
Clarified FAR 4.603(c) regarding the allocation of
socioeconomic credit to the requesting agency for assisted
acquisitions.
Created a new FAR subpart 17.7, which establishes the
policy related to internal controls and compliance certification under
which nondefense agencies may procure supplies and services on behalf
of DoD and identified DoD acquisition official responsibilities to
identify DoD unique requirements. The new FAR subpart 17.7 cross-
references and is cross-referenced at FAR subpart 17.5, Interagency
Acquisitions.
To implement the NDAA for FY 2013, this final rule changes
``defense'' to ``applicable'' in FAR 17.703(a) and (b).
Three respondents submitted comments on the interim rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Summary of Significant Changes
No significant changes have been made in the final rule. However,
the following minor changes have been made:
(1) References to the term ``defense procurement'' have been
changed to ``applicable procurement'' in order to implement section 801
of the NDAA FY 2013, Pub. L. 112-239.
(2) Based on public comment, DoD class deviations have been
included in
[[Page 37685]]
the list of laws and regulations that apply to procurements of supplies
and services made by DoD through other Federal agencies in FAR
17.703(b)(2).
B. Analysis of Public Comments
1. Location of Coverage
Comment: Suggest that this coverage be moved to a new section
within FAR subpart 17.5 (e.g., FAR 17.505). This way, the rule would be
where readers would reasonably expect it to be and they would not have
to move back and forth between subparts, which are typically located on
different Web pages.
Response: To simplify locating the required regulations, a cross
reference to FAR subpart 17.7 is included at FAR 17.500 and another
cross reference to FAR subpart 17.5 is included at FAR 17.700.
2. Compliance With DoD Class Deviations
Comment: FAR 17.703(b)(2) does not mention DoD class deviations to
the FAR and Defense Federal Acquisition Regulation Supplement (DFARS).
If nondefense agencies will be required to comply with DoD class
deviations, it is suggested that this be explicitly stated along with a
Web address where they can be found.
Response: The rule was amended to reference DoD class deviations
and the Web address where they can be found.
3. Definition of DoD ``Acquisition Official''
Comment: The commenter knew what a contracting officer is, but
wondered what a DoD ``acquisition official'' other than a contracting
officer might be. The commenter added that ``all approvals should be
routed through the office of the contracting division that would
otherwise write the contract.''
Response: The term ``Department of Defense (DoD) acquisition
official'' is defined in FAR 17.701, consistent with statute, and is
used throughout FAR subpart 17.7. Specific guidance regarding
designation of agency acquisition officials, their delegated authority,
and routing of contractual documents is more suitable for inclusion in
agency regulations rather than the FAR.
4. Frequency of Nondefense Agency Compliance Certifications
Comment: The commenter sees no benefit in adhering to an ``annual''
fiscal year self-certification requirement that ensures a nondefense
agency is compliant with defense procurement requirements. The
commenter recommends, as a means of eliminating non-value-added
paperwork for all parties and procurement delays, that DoD seek
approval to change the nondefense agency self-certification requirement
from ``each fiscal year'' to ``every five years.''
Response: The annual certification requirement for nondefense
agencies that acquire supplies and services on behalf of DoD included
in FAR subpart 17.7 is prescribed by law. The suggestion submitted by
the commenter requires a statutory change that is beyond the scope of
this FAR case.
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
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
Implementation of section 801 of the NDAA for FY 2008 (Pub. L.
110-181), section 806 of the NDAA for FY 2010 (Pub. L. 111-84),
section 817 of the NDAA for FY 2012 (Pub. L. 112-81), and section
801 of the NDAA for FY 2013 (Pub. L. 112-239) address requirements
specific to the acquisition of property and services by non-defense
agencies on behalf of DoD, and are therefore, internal to the
Government.
However, this rule also amends the FAR to include a
clarification at 4.603(c), restating existing Office of Federal
Procurement Policy (OFPP) and Federal Procurement Data System (FPDS)
policy regarding the allocation of socio-economic credit for
assisted acquisitions, i.e., ``for assisted acquisitions, the
requesting agency will receive socio-economic credit for meeting
small business goals, where applicable.''
Although we do not expect the clarification to have a direct
economic impact on a substantial number of small entities, there is
the possibility that the regulatory clarification may improve the
accuracy of FPDS data submissions allocating socio-economic credit
to agencies for contracts and orders awarded to a substantial number
of small entities. Improved data accuracy can have a positive impact
on agencies' annual small business goals.
The interim rule was published as part of FAC 2005-62 on
November 20, 2012 (77 FR 69720). None of the comments received
concerned the initial regulatory flexibility analysis.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy
of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The final 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 Parts 4 and 17
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR parts 4 and 17, which
was published in the Federal Register at 77 FR 69720, November 20,
2012, is adopted as final with the following change:
PART 17--SPECIAL CONTRACTING METHODS
0
1. The authority citation for 48 CFR part 17 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
0
2. Amend section 17.703 by--
0
a. Removing from paragraph (a) and the introductory text of paragraph
(b) ``with defense'' and adding ``with applicable'' in its place; and
0
b. Revising paragraph (b)(2).
The revised text reads as follows:
17.703 Policy.
* * * * *
(b) * * *
(2) Laws and regulations that apply to procurements of supplies and
services made by DoD through other Federal agencies, including DoD
financial management regulations, the Defense Federal Acquisition
Regulation Supplement (DFARS), DoD class deviations, and the DFARS
Procedures, Guidance, and Information (PGI). (The DFARS, DoD class
deviations, and PGI
[[Page 37686]]
are accessible at: https://www.acq.osd.mil/dpap/dars).
* * * * *
[FR Doc. 2013-14613 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P
