Defense Federal Acquisition Regulation Supplement; Technical Amendments, 21656-21657 [2015-08975]
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21656
Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Rules and Regulations
in existing § 1640.4. No substantive
changes were made, but the text has
been revised for clarity and readability
throughout the section. LSC received no
comments on this proposal.
List of Subjects in 45 CFR part 1640
Fraud; Grant programs—law; Legal
services.
For the reasons stated in the
preamble, the Legal Services
Corporation revises 45 CFR part 1640 to
read as follows:
PART 1640—APPLICATION OF
FEDERAL LAW TO LSC RECIPIENTS
Sec.
1640.1
1640.2
1640.3
1640.4
Purpose.
Applicable Federal laws.
Contractual agreement.
Violation of agreement.
Authority: 42 U.S.C. 2996e(g).
§ 1640.1
Purpose.
The purpose of this part is to ensure
that recipients use their LSC funds in
accordance with Federal law related to
the proper use of Federal funds. This
part also provides notice to recipients of
the consequences of a violation of such
Federal laws by a recipient, its
employees or board members.
§ 1640.2
Applicable federal laws.
(a) LSC will maintain an exhaustive
list of applicable Federal laws relating
to the proper use of Federal funds on its
Web site and provide recipients with a
link to the list in the contractual
agreement. The list may be modified
with the approval of the Corporation’s
Board of Directors at a public meeting.
LSC will provide recipients with notice
when the list is modified.
(b) For the purposes of this part and
the laws referenced in paragraph (a) of
this section, LSC is considered a Federal
agency and a recipient’s LSC funds are
considered Federal funds provided by
grant or contract.
mstockstill on DSK4VPTVN1PROD with RULES
§ 1640.3
Contractual agreement.
As a condition of receiving LSC
funds, a recipient must enter into a
written agreement with the Corporation
that, with respect to its LSC funds, will
subject the recipient to the applicable
Federal laws relating to the proper use
of Federal funds. The agreement must
include a statement that all of the
recipient’s employees and board
members have been informed of such
Federal law and of the consequences of
a violation of such law, both to the
recipient and to themselves as
individuals.
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16:33 Apr 17, 2015
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§ 1640.4
Violation of agreement.
(a) LSC will determine that a recipient
has violated the agreement described in
§ 1640.3 when the recipient has been
convicted of, or judgment has been
entered against the recipient for, a
violation of an applicable Federal law
relating to the proper use of Federal
funds with respect to its LSC grant or
contract, by the court having
jurisdiction of the matter, and any
appeals of the conviction or judgment
have been exhausted or the time for
appeal has expired.
(b) A violation of the agreement by a
recipient based on recipient conduct
will result in the Corporation
terminating the recipient’s LSC grant or
contract without need for a termination
hearing. While an appeal of a conviction
or judgment is pending, the Corporation
may take any necessary steps to
safeguard its funds.
(c) LSC will determine that the
recipient has violated the agreement
described in § 1640.3 when an employee
or board member of the recipient has
been convicted of, or judgment has been
entered against the employee or board
member for, a violation of an applicable
Federal law relating to the proper use of
Federal funds with respect to the
recipient’s grant or contract with LSC,
by the court having jurisdiction of the
matter, and any appeals of the
conviction or judgment have been
exhausted or the time for appeal has
expired, and the Corporation finds that
the recipient has knowingly or through
gross negligence allowed the employee
or board member to engage in such
activities.
(d) A violation of the agreement by
the recipient based on employee or
board member conduct will result in the
Corporation terminating the recipient’s
LSC grant or contract. Prior to
termination, the Corporation will
provide notice and an opportunity to be
heard for the sole purpose of
determining whether the recipient
knowingly or through gross negligence
allowed the employee or board member
to engage in the activities leading to the
conviction or judgment. While an
appeal of a conviction or judgment or a
hearing is pending, the Corporation may
take any necessary steps to safeguard its
funds.
Dated: April 15, 2015.
Stefanie K. Davis,
Assistant General Counsel.
[FR Doc. 2015–08974 Filed 4–17–15; 8:45 am]
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Defense Acquisition Regulations
System
[Docket Number DARS–2015–0018]
48 CFR Parts 205, 206, 208, 210, 213,
215, and 216
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
SUMMARY:
DATES:
Effective April 20, 2015.
Mr.
Manuel Quinones, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6088; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Directs contracting officers to
additional procedures and guidance by
adding references at—
• DFARS 205.205.205–71 to DFARS
Procedures, Guidance and Information
(PGI) 206.302–1(d);
• DFARS 206.000 to PGI 206.000;
• DFARS 206.302–1(d) to PGI
206.302–1(d);
• DFARS 206.303–2 to PGI 206.303–
2(b)(i);
• DFARS 206.304(a)(S–70) to PGI
206.304(a)(S–70);
• DFARS 208.405–6 to PGI 208.405–
6;
• DFARS 210.002 to PGI
210.002(e)(ii);
• DFARS 213.104 to PGI 213.104;
• DFARS 213.500–70 to PGI 215.371–
2;
• DFARS 213.501 to PGI
206.304(a)(S–70);
• DFARS 215.371–2 to PGI 215.371–
2; and
• DFARS 216.505(b)(2) to PGI
216.505(b)(2).
2. Revises paragraph structure of
sections 210.002 and 215.371–2.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 205,
206, 208, 210, 213, 215, and 216
Government procurement.
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DEPARTMENT OF DEFENSE
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Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Rules and Regulations
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 205, 206, 208,
210, 213, 215, and 216 are amended as
follows:
■ 1. The authority citation for 48 CFR
parts 205, 208, 210, 213, 215, and 216
continues to read as follows:
(S–70) For a noncompetitive followon acquisition to a previous award for
the same supply or service supported by
a justification for other than full and
open competition citing the authority at
FAR 6.302–1, follow the procedures at
PGI 206.304(a)(S–70).
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
■
PART 205—PUBLICIZING CONTRACT
ACTIONS
208.405–6
8. Add section 208.405–6 to read as
follows:
2. Add section 205.205–71 to read as
follows:
■
205.205–71
Only one responsible source.
Follow the procedures at PGI
206.302–1(d) prior to soliciting a
proposal without providing for full and
open competition under the authority at
FAR 6.302–1.
PART 210—MARKET RESEARCH
PART 206—COMPETITION
REQUIREMENTS
■
3. Revise the authority citation for 48
CFR part 206 to read as follows:
210.002
9. Revise section 210.002 to read as
follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
4. Add section 206.000 to read as
follows:
■
206.000
Scope of part.
For information on the various
approaches that may be used to
competitively fulfill DoD requirements,
see PGI 206.000.
■ 5. Amend section 206.302–1 by
adding paragraph (d) to read as follows:
*
*
*
*
*
(d) Limitations. Follow the procedures
at PGI 206.302–1(d) prior to soliciting a
proposal without providing for full and
open competition under this authority.
■ 6. Add section 206.303–2 to read as
follows:
206.303–2
Content.
(b)(i) Include the information required
by PGI 206.303–2(b)(i) in justifications
citing the authority at FAR 6.302–1.
■ 7. Amend section 206.304(a) by
adding a new paragraph (S–70) to read
as follows:
206.304
Approval of the justification.
(a)(4) * * *
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Procedures.
(e)(i) When contracting for services,
see PGI 210.070 for the ‘‘Market
Research Report Guide for Improving
the Tradecraft in Services Acquisition’’.
(ii) See PGI 210.002(e)(ii) regarding
potential offerors that express an
interest in an acquisition.
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
10. Add section 213.104 to read as
follows:
■
213.104
206.302–1 Only one responsible source
and no other supplies or services will
satisfy agency requirements.
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Limiting sources.
For an order or blanket purchase
agreement (BPA) exceeding the
simplified acquisition threshold that is
a follow-on to an order or BPA for the
same supply or service previously
issued based on a limiting sources
justification citing the authority at FAR
8.405–6(a)(1)(i)(B) or (C), follow the
procedures at PGI 208.405–6.
Promoting competition.
21657
procedures authorized under FAR
subpart 13.5, follow the procedures at
PGI 215.371–2.
213.501 Special documentation
requirements.
(a) Sole source (including brand
name) acquisitions. For noncompetitive
follow-on acquisitions of supplies or
services previously awarded on a
noncompetitive basis, include the
additional documentation required by
PGI 206.303–2(b)(i) and follow the
procedures at PGI 206.304(a)(S–70).
PART 215—CONTRACTING BY
NEGOTIATION
12. Revise 215.371–2 to read as
follows:
■
215.371–2
Promote competition.
Except as provided in sections
215.371–4 and 215.371–5—
(a) If only one offer is received when
competitive procedures were used and
the solicitation allowed fewer than 30
days for receipt of proposals, the
contracting officer shall—
(1) Consult with the requiring activity
as to whether the requirements
document should be revised in order to
promote more competition (see FAR
6.502(b) and 11.002); and
(2) Resolicit, allowing an additional
period of at least 30 days for receipt of
proposals; and
(b) For competitive solicitations in
which more than one potential offeror
expressed an interest in an acquisition,
but only one offer was ultimately
received, follow the procedures at PGI
215.371–2.
For information on the various
approaches that may be used to
competitively fulfill DoD requirements,
see PGI 213.104.
■ 11. Add subpart 213.5 to read as
follows:
PART 216—TYPES OF CONTRACTS
Subpart 213.5—Test Program for Certain
Commercial Items
Sec.
213.500–70 Only one offer.
213.501 Special documentation
requirement.
*
Subpart 213.5—Test Program for
Certain Commercial Items
213.500–70
Only one offer.
If only one offer is received in
response to a competitive solicitation
issued using simplified acquisition
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216.505
[Amended]
13. Amend section 216.505 by adding
paragraph (b)(2) to read as follows:
■
216.505
Ordering.
*
*
*
*
(b)(2) Exceptions to the fair
opportunity process. For an order
exceeding the simplified acquisition
threshold, that is a follow-on to an order
previously issued for the same supply or
service based on a justification for an
exception to fair opportunity citing the
authority at FAR 16.505(b)(2)(i)(B) or
(C), follow the procedures at PGI
216.505(b)(2).
[FR Doc. 2015–08975 Filed 4–17–15; 8:45 am]
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]]>Agencies
[Federal Register Volume 80, Number 75 (Monday, April 20, 2015)]
[Rules and Regulations]
[Pages 21656-21657]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-08975]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
[Docket Number DARS-2015-0018]
48 CFR Parts 205, 206, 208, 210, 213, 215, and 216
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide needed editorial
changes.
DATES: Effective April 20, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088;
facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. Directs contracting officers to additional procedures and
guidance by adding references at--
DFARS 205.205.205-71 to DFARS Procedures, Guidance and
Information (PGI) 206.302-1(d);
DFARS 206.000 to PGI 206.000;
DFARS 206.302-1(d) to PGI 206.302-1(d);
DFARS 206.303-2 to PGI 206.303-2(b)(i);
DFARS 206.304(a)(S-70) to PGI 206.304(a)(S-70);
DFARS 208.405-6 to PGI 208.405-6;
DFARS 210.002 to PGI 210.002(e)(ii);
DFARS 213.104 to PGI 213.104;
DFARS 213.500-70 to PGI 215.371-2;
DFARS 213.501 to PGI 206.304(a)(S-70);
DFARS 215.371-2 to PGI 215.371-2; and
DFARS 216.505(b)(2) to PGI 216.505(b)(2).
2. Revises paragraph structure of sections 210.002 and 215.371-2.
List of Subjects in 48 CFR Parts 205, 206, 208, 210, 213, 215, and
216
Government procurement.
[[Page 21657]]
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 205, 206, 208, 210, 213, 215, and 216 are
amended as follows:
0
1. The authority citation for 48 CFR parts 205, 208, 210, 213, 215, and
216 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 205--PUBLICIZING CONTRACT ACTIONS
0
2. Add section 205.205-71 to read as follows:
205.205-71 Only one responsible source.
Follow the procedures at PGI 206.302-1(d) prior to soliciting a
proposal without providing for full and open competition under the
authority at FAR 6.302-1.
PART 206--COMPETITION REQUIREMENTS
0
3. Revise the authority citation for 48 CFR part 206 to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
4. Add section 206.000 to read as follows:
206.000 Scope of part.
For information on the various approaches that may be used to
competitively fulfill DoD requirements, see PGI 206.000.
0
5. Amend section 206.302-1 by adding paragraph (d) to read as follows:
206.302-1 Only one responsible source and no other supplies or
services will satisfy agency requirements.
* * * * *
(d) Limitations. Follow the procedures at PGI 206.302-1(d) prior to
soliciting a proposal without providing for full and open competition
under this authority.
0
6. Add section 206.303-2 to read as follows:
206.303-2 Content.
(b)(i) Include the information required by PGI 206.303-2(b)(i) in
justifications citing the authority at FAR 6.302-1.
0
7. Amend section 206.304(a) by adding a new paragraph (S-70) to read as
follows:
206.304 Approval of the justification.
(a)(4) * * *
(S-70) For a noncompetitive follow-on acquisition to a previous
award for the same supply or service supported by a justification for
other than full and open competition citing the authority at FAR 6.302-
1, follow the procedures at PGI 206.304(a)(S-70).
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
0
8. Add section 208.405-6 to read as follows:
208.405-6 Limiting sources.
For an order or blanket purchase agreement (BPA) exceeding the
simplified acquisition threshold that is a follow-on to an order or BPA
for the same supply or service previously issued based on a limiting
sources justification citing the authority at FAR 8.405-6(a)(1)(i)(B)
or (C), follow the procedures at PGI 208.405-6.
PART 210--MARKET RESEARCH
0
9. Revise section 210.002 to read as follows:
210.002 Procedures.
(e)(i) When contracting for services, see PGI 210.070 for the
``Market Research Report Guide for Improving the Tradecraft in Services
Acquisition''.
(ii) See PGI 210.002(e)(ii) regarding potential offerors that
express an interest in an acquisition.
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
10. Add section 213.104 to read as follows:
213.104 Promoting competition.
For information on the various approaches that may be used to
competitively fulfill DoD requirements, see PGI 213.104.
0
11. Add subpart 213.5 to read as follows:
Subpart 213.5--Test Program for Certain Commercial Items
Sec.
213.500-70 Only one offer.
213.501 Special documentation requirement.
Subpart 213.5--Test Program for Certain Commercial Items
213.500-70 Only one offer.
If only one offer is received in response to a competitive
solicitation issued using simplified acquisition procedures authorized
under FAR subpart 13.5, follow the procedures at PGI 215.371-2.
213.501 Special documentation requirements.
(a) Sole source (including brand name) acquisitions. For
noncompetitive follow-on acquisitions of supplies or services
previously awarded on a noncompetitive basis, include the additional
documentation required by PGI 206.303-2(b)(i) and follow the procedures
at PGI 206.304(a)(S-70).
PART 215--CONTRACTING BY NEGOTIATION
0
12. Revise 215.371-2 to read as follows:
215.371-2 Promote competition.
Except as provided in sections 215.371-4 and 215.371-5--
(a) If only one offer is received when competitive procedures were
used and the solicitation allowed fewer than 30 days for receipt of
proposals, the contracting officer shall--
(1) Consult with the requiring activity as to whether the
requirements document should be revised in order to promote more
competition (see FAR 6.502(b) and 11.002); and
(2) Resolicit, allowing an additional period of at least 30 days
for receipt of proposals; and
(b) For competitive solicitations in which more than one potential
offeror expressed an interest in an acquisition, but only one offer was
ultimately received, follow the procedures at PGI 215.371-2.
PART 216--TYPES OF CONTRACTS
216.505 [Amended]
0
13. Amend section 216.505 by adding paragraph (b)(2) to read as
follows:
216.505 Ordering.
* * * * *
(b)(2) Exceptions to the fair opportunity process. For an order
exceeding the simplified acquisition threshold, that is a follow-on to
an order previously issued for the same supply or service based on a
justification for an exception to fair opportunity citing the authority
at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI
216.505(b)(2).
[FR Doc. 2015-08975 Filed 4-17-15; 8:45 am]
BILLING CODE 5001-06-P
