Defense Federal Acquisition Regulation Supplement: Extension of Pilot Program on Acquisition of Military-Purpose Nondevelopmental Items (DFARS Case 2014-D007), 17446-17447 [2014-06737]
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations
PART 225—FOREIGN ACQUISITION
DEPARTMENT OF DEFENSE
225.7003–3
Defense Acquisition Regulations
System
[Amended]
3. Section 225.7003–3 is amended
by—
■ a. Removing the introductory text;
■ b. In paragraph (c)(2), removing ‘‘PGI
225.7003–3’’ and adding ‘‘PGI
225.7003–3(c)’’ in its place; and
■ c. In the introductory text of
paragraph (d), removing ‘‘PGI 225.7003–
3’’ and adding ‘‘PGI 225.7003–3(d)’’ in
its place.
■
48 CFR Part 212
RIN 0750–AI28
Defense Federal Acquisition
Regulation Supplement: Extension of
Pilot Program on Acquisition of
Military-Purpose Nondevelopmental
Items (DFARS Case 2014–D007)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Section 252.204–7007 is amended
by—
■ a. Removing the clause date ‘‘(MAY
2013)’’ and adding ‘‘(MAR 2014)’’ in its
place.
■ b. Revising paragraph (d)(2) to read as
follows:
■
*
tkelley on DSK3SPTVN1PROD with RULES
252.204–7007 Alternate A, Annual
Representations and Certifications.
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to implement a
section of the National Defense
Authorization Act for Fiscal Year 2014.
This rule extends the expiration date of
the pilot program for acquisition of
military-purpose nondevelopmental
items.
DATES:
*
*
*
*
(d) * * *
(2) The following representations or
certifications in SAM are applicable to
this solicitation as indicated by the
Contracting Officer: [Contracting Officer
check as appropriate.]
ll(i) 252.209–7002, Disclosure of
Ownership or Control by a Foreign
Government.
ll(ii) 252.225–7000, Buy American—
Balance of Payments Program
Certificate.
ll(iii) 252.225–7020, Trade
Agreements Certificate.
llUse with Alternate I.
ll(iv) 252.225–7031, Secondary Arab
Boycott of Israel.
ll(v) 252.225–7035, Buy American—
Free Trade Agreements—Balance of
Payments Program Certificate.
llUse with Alternate I.
llUse with Alternate II.
llUse with Alternate III.
llUse with Alternate IV.
llUse with Alternate V.
*
*
*
*
*
■ 5. Section 252.209–7004 is amended
by—
■ a. Removing the clause date ‘‘(DEC
2006)’’ and adding ‘‘(MAR 2014)’’ in its
place; and
■ b. In paragraph (a), removing
‘‘Excluded Parties List’’ and adding
‘‘Exclusions section of the System for
Award Management’’ in its place.
[FR Doc. 2014–07003 Filed 3–27–14; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
16:20 Mar 27, 2014
Jkt 232001
SUMMARY:
Effective March 28, 2014.
Ms.
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
Section 866 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2011 (Pub. L. 111–383),
enacted on January 7, 2011, authorized
the Secretary of Defense to carry out a
pilot program to assess the feasibility
and advisability of acquiring militarypurpose nondevelopmental items in
accordance with the streamlined
procedures of the pilot program. Under
this pilot program, DoD may enter into
contracts with nontraditional defense
contractors for the purpose of enabling
DoD to acquire items that otherwise
might not have been available to DoD,
assist DoD in the rapid acquisition and
fielding of capabilities needed to meet
urgent operational needs, and protect
the interests of the United States in
paying fair and reasonable prices for the
item or items acquired.
This pilot program is designed to test
whether the streamlined procedures,
similar to those available for
commercial items, can serve as an
effective incentive for nontraditional
defense contractors to (1) channel
investment and innovation into areas
that are useful to DoD and (2) provide
items developed exclusively at private
expense to meet validated military
requirements.
This final rule amends DFARS
subpart 212.71, Pilot Program for
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
Acquisition of Military-Purpose
Nondevelopmental Items, to implement
section 814, Extension of Pilot Program
of Military Purpose Nondevelomental
Items, of the National Defense
Authorization Act for FY 2014. This
rule extends the authority for this pilot
program from January 6, 2016, to
December 31, 2019.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute that applies to the publication of
the Federal Acquisition Regulation.
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 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. Publication for public comment
is not required because the rule does not
have a significant effect beyond the
internal operating procedures of DoD
and does not have a significant cost or
administrative impact on contractors or
offerors as it merely extends the
expiration date of an existing pilot
program pursuant to statutory directive.
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 and
does not require publication for public
comment.
E:\FR\FM\28MRR1.SGM
28MRR1
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations
V. Paperwork Reduction Act
I. Background
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).
DoD published a proposed rule in the
Federal Register at 78 FR 73475 on
December 6, 2013, to amend the
presentation of the DFARS part 235
clause with its alternate and their
prescriptions. This final rule addresses
the single clause affected, which is
252.235–7003, Frequency
Authorization, and its alternate.
One public comment was received;
however it was not related to the
proposed rule and therefore not
considered in drafting the final rule.
Minor editorial changes were made to
standardize language used in the final
rule for the clause prescriptions and
prefaces in order to provide uniform
arrangement in the regulations.
List of Subjects in 48 CFR Part 212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
■
II. Executive Orders 12866 and 13563
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
212.7102–3
[Amended]
2. Section 212.7102–3 is amended by
removing ‘‘January 6, 2016’’ from
paragraph (a) and adding in its place
‘‘December 31, 2019’’.
■
[FR Doc. 2014–06737 Filed 3–27–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 235 and 252
RIN 0750–AI10
III. Regulatory Flexibility Act
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Research and
Development Contracting (DFARS
Case 2013–D026)
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 create an overarching
prescription for a research and
development-related clause with an
alternate. The rule also includes
separate prescriptions for the basic and
alternate clause and includes the full
text of the alternate clause.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:20 Mar 27, 2014
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.
Jkt 232001
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows.
This final rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) to create
prescriptions for the basic version and
the alternate of a DFARS part 235
solicitation and contract clause and to
include the full text of the alternate
clause.
The public did not raise any issues in
response to the initial regulatory
flexibility analysis. The Chief Counsel
for Advocacy of the Small Business
Administration did not submit any
comments in response to the rule.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for
clause alternates in solicitations and
contracts issued by DoD contracting
activities. According to the Federal
Procurement Data System, in fiscal year
PO 00000
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Fmt 4700
Sfmt 4700
17447
2012, DoD made approximately 270,000
contract awards (not including
modification and orders) that exceeded
the micro-purchase threshold, of which
approximately 180,000 (67%) were
awarded to small businesses. It is
unknown how many of these contracts
were awarded that included an alternate
to a DFARS provision or clause.
Nothing substantive will change in
solicitations or contracts for potential
offerors, and only the appearance of
how clause alternates are presented in
the solicitations and contracts will be
changed. This rule may result in
potential offerors, including small
businesses, expending more time to
become familiar with and to understand
the new format of the clause alternates
in full text contained in contracts issued
by any DoD contracting activity. The
rule also anticipates saving contractors
time by making all paragraph
substitutions from the basic version of
the clause, and not requiring the
contractors to read inapplicable
paragraphs contained in the basic
version of the clause. The overall
burden caused by this rule is expected
to be negligible and will not be any
greater on small businesses than it is on
large businesses.
This rule does not add any new
information collection requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. No
alternatives were identified that will
accomplish the objectives of the rule.
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 Parts 235 and
252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 235 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 235 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
2. In section 235.072, revise paragraph
(b) to read as follows:
■
235.072
*
E:\FR\FM\28MRR1.SGM
*
Additional contract clauses.
*
28MRR1
*
*
]]>Agencies
[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17446-17447]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06737]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212
RIN 0750-AI28
Defense Federal Acquisition Regulation Supplement: Extension of
Pilot Program on Acquisition of Military-Purpose Nondevelopmental Items
(DFARS Case 2014-D007)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement a section of the National Defense
Authorization Act for Fiscal Year 2014. This rule extends the
expiration date of the pilot program for acquisition of military-
purpose nondevelopmental items.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
Section 866 of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2011 (Pub. L. 111-383), enacted on January 7, 2011,
authorized the Secretary of Defense to carry out a pilot program to
assess the feasibility and advisability of acquiring military-purpose
nondevelopmental items in accordance with the streamlined procedures of
the pilot program. Under this pilot program, DoD may enter into
contracts with nontraditional defense contractors for the purpose of
enabling DoD to acquire items that otherwise might not have been
available to DoD, assist DoD in the rapid acquisition and fielding of
capabilities needed to meet urgent operational needs, and protect the
interests of the United States in paying fair and reasonable prices for
the item or items acquired.
This pilot program is designed to test whether the streamlined
procedures, similar to those available for commercial items, can serve
as an effective incentive for nontraditional defense contractors to (1)
channel investment and innovation into areas that are useful to DoD and
(2) provide items developed exclusively at private expense to meet
validated military requirements.
This final rule amends DFARS subpart 212.71, Pilot Program for
Acquisition of Military-Purpose Nondevelopmental Items, to implement
section 814, Extension of Pilot Program of Military Purpose
Nondevelomental Items, of the National Defense Authorization Act for FY
2014. This rule extends the authority for this pilot program from
January 6, 2016, to December 31, 2019.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute that applies to the publication of the Federal Acquisition
Regulation. 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
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.
Publication for public comment is not required because the rule does
not have a significant effect beyond the internal operating procedures
of DoD and does not have a significant cost or administrative impact on
contractors or offerors as it merely extends the expiration date of an
existing pilot program pursuant to statutory directive.
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 and does not require
publication for public comment.
[[Page 17447]]
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 212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 212 is amended as follows:
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 212 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
212.7102-3 [Amended]
0
2. Section 212.7102-3 is amended by removing ``January 6, 2016'' from
paragraph (a) and adding in its place ``December 31, 2019''.
[FR Doc. 2014-06737 Filed 3-27-14; 8:45 am]
BILLING CODE 5001-06-P
