Defense Federal Acquisition Regulation Supplement: Allowability of Legal Costs for Whistleblower Proceedings (DFARS Case 2013-D022), 36719 [2015-15665]
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■ ii. Removing ‘‘https://www.ppirs.gov/
ppirsfiles/reference.htm’’ and adding
‘‘https://www.ppirs.gov/pdf/PPIRS-SR_
DataEvaluationCriteria.pdf’’ in its place.
[FR Doc. 2015–15639 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216 and 252
RIN 0750–AI04
Defense Federal Acquisition
Regulation Supplement: Allowability of
Legal Costs for Whistleblower
Proceedings (DFARS Case 2013–D022)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
without change, an interim rule that
amended the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act for
Fiscal Year 2013 that addresses the
allowability of legal costs incurred by a
contractor related to whistleblower
proceedings.
SUMMARY:
DATES:
Effective June 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register on September 30, 2013
(78 FR 59859). This interim rule revised
DFARS subparts 216.3 and added a new
clause at 252.216–7009 to implement
paragraphs (g) and (i) of section 827 of
the National Defense Authorization Act
for Fiscal Year 2013 (Pub. L. 112–239).
II. Discussion and Analysis
wreier-aviles on DSK5TPTVN1PROD with RULES
No public comments were received in
response to the interim rule. The
interim rule is converted to a final rule
without change.
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
VerDate Sep<11>2014
14:06 Jun 25, 2015
Jkt 235001
(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 a significant
regulatory action and, therefore, was
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 does not expect this final 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.,
because most contracts awarded to
small entities are awarded on a
competitive fixed-price basis, and do
not require application of the cost
principles contained in this rule.
However, a final regulatory flexibility
analysis has been performed and is
summarized as follows:
The reason for the action is to
implement section 827(g) of the
National Defense Authorization Act for
Fiscal Year (FY) 2013 (Pub. L. 113–239).
Section 827(g) expands the cost
principle at 10 U.S.C. 2324(k) to apply
the cost principle on allowability of
costs related to legal and other
proceedings to costs incurred by
contractors in proceedings commenced
by a contractor employee submitting a
complaint under 10 U.S.C. 2409
(whistleblowing), and include as
specifically unallowable, legal costs of a
proceeding that results in an order to
take corrective action under 10 U.S.C.
2409.
The objective of the rule is to enhance
whistleblower protections for contractor
employees. The legal basis for the rule
is 10 U.S.C. 2324(k).
There were no public comments in
response to the initial regulatory
flexibility analysis.
Most contracts awarded on a fixedprice competitive basis do not require
application of the cost principles. Most
contracts valued at or below the
simplified acquisition threshold are
awarded on a fixed-price competitive
basis. Requiring submission of certified
cost or pricing data for acquisitions that
do not exceed the simplified acquisition
threshold is prohibited (FAR 15.403–
4(a)(2)). According to Federal
Procurement Data System data for FY
2012, there were 48,115 new DoD
contract awards over the simplified
acquisition threshold in FY 2012. Of
those contracts, only 6,760 awards were
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
36719
to small businesses on other than a
competitive fixed-price basis.
Estimating 3 awards per small business,
that could involve about 2,600 small
businesses. However, this rule would
only affect a contractor if a contractor
employee commenced a proceeding by
submitting a complaint under 10 U.S.C.
2409, and if that proceeding resulted in
any of the circumstances listed at FAR
31.205–47(b). DoD does not have data
on the percentage of contracts that
involve submission of a whistleblower
complaint and result in any of the
circumstances listed at FAR 31.205–
47(b).
There are no projected reporting,
recordkeeping, and other compliance
requirements of the rule.
DoD was unable to identify any
alternatives to the rule that would
reduce the impact on small entities and
still meet the requirements of the
statute.
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 Parts 216 and
252
Government procurement.
Accordingly, the interim rule
amending 48 CFR parts 216 and 252,
which was published at 78 FR 59859 on
September 30, 2013, is adopted as a
final rule without change.
■
Amy G. Williams,
Editor, Defense Acquisition Regulations
System.
[FR Doc. 2015–15665 Filed 6–25–15; 8:45 am]
BILLING CODE 5001–06–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1801, 1802, 1805, 1807,
1812, 1813, 1823, 1833, 1836, 1847,
1850 and 1852
RIN 2700–AE19
NASA FAR Supplement Regulatory
Review No. 3
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
NASA adopts a final rule
amending the NASA FAR Supplement
with the goal of eliminating unnecessary
regulation, streamlining burdensome
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
Agencies
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Page 36719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15665]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 216 and 252
RIN 0750-AI04
Defense Federal Acquisition Regulation Supplement: Allowability
of Legal Costs for Whistleblower Proceedings (DFARS Case 2013-D022)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule that
amended the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement a section of the National Defense Authorization Act for
Fiscal Year 2013 that addresses the allowability of legal costs
incurred by a contractor related to whistleblower proceedings.
DATES: Effective June 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register on September
30, 2013 (78 FR 59859). This interim rule revised DFARS subparts 216.3
and added a new clause at 252.216-7009 to implement paragraphs (g) and
(i) of section 827 of the National Defense Authorization Act for Fiscal
Year 2013 (Pub. L. 112-239).
II. Discussion and Analysis
No public comments were received in response to the interim rule.
The interim rule is converted to a final rule without change.
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 a significant regulatory action and, therefore, was 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 does not expect this final 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., because most
contracts awarded to small entities are awarded on a competitive fixed-
price basis, and do not require application of the cost principles
contained in this rule. However, a final regulatory flexibility
analysis has been performed and is summarized as follows:
The reason for the action is to implement section 827(g) of the
National Defense Authorization Act for Fiscal Year (FY) 2013 (Pub. L.
113-239). Section 827(g) expands the cost principle at 10 U.S.C.
2324(k) to apply the cost principle on allowability of costs related to
legal and other proceedings to costs incurred by contractors in
proceedings commenced by a contractor employee submitting a complaint
under 10 U.S.C. 2409 (whistleblowing), and include as specifically
unallowable, legal costs of a proceeding that results in an order to
take corrective action under 10 U.S.C. 2409.
The objective of the rule is to enhance whistleblower protections
for contractor employees. The legal basis for the rule is 10 U.S.C.
2324(k).
There were no public comments in response to the initial regulatory
flexibility analysis.
Most contracts awarded on a fixed-price competitive basis do not
require application of the cost principles. Most contracts valued at or
below the simplified acquisition threshold are awarded on a fixed-price
competitive basis. Requiring submission of certified cost or pricing
data for acquisitions that do not exceed the simplified acquisition
threshold is prohibited (FAR 15.403-4(a)(2)). According to Federal
Procurement Data System data for FY 2012, there were 48,115 new DoD
contract awards over the simplified acquisition threshold in FY 2012.
Of those contracts, only 6,760 awards were to small businesses on other
than a competitive fixed-price basis. Estimating 3 awards per small
business, that could involve about 2,600 small businesses. However,
this rule would only affect a contractor if a contractor employee
commenced a proceeding by submitting a complaint under 10 U.S.C. 2409,
and if that proceeding resulted in any of the circumstances listed at
FAR 31.205-47(b). DoD does not have data on the percentage of contracts
that involve submission of a whistleblower complaint and result in any
of the circumstances listed at FAR 31.205-47(b).
There are no projected reporting, recordkeeping, and other
compliance requirements of the rule.
DoD was unable to identify any alternatives to the rule that would
reduce the impact on small entities and still meet the requirements of
the statute.
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 Parts 216 and 252
Government procurement.
0
Accordingly, the interim rule amending 48 CFR parts 216 and 252, which
was published at 78 FR 59859 on September 30, 2013, is adopted as a
final rule without change.
Amy G. Williams,
Editor, Defense Acquisition Regulations System.
[FR Doc. 2015-15665 Filed 6-25-15; 8:45 am]
BILLING CODE 5001-06-P