Defense Federal Acquisition Regulation Supplement: Use of Military Construction Funds (DFARS Case 2015-D006), 51751-51752 [2015-20872]
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Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
51751
since the subject matter is now
addressed in FAR subpart 17.7.
List of Subjects in 48 CFR Part 217
Government procurement.
for one or more other departments or
agencies of the Federal Government.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
217.770
The statute that applies to the
publication of the Federal Acquisition
Regulation is 41 U.S.C. 1707,
Publication of Proposed Regulations.
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 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. This
final rule is not required to be published
for public comment, because it deletes
duplicative text and relocates text
within the DFARS. These DFARS
updates are administrative in nature and
therefore do not have a significant cost
or administrative impact on contractors
or offerors.
Therefore, 48 CFR part 217 is
amended as follows:
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
rmajette on DSK7SPTVN1PROD with RULES
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 does
not require publication for public
comment.
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).
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
PART 217—SPECIAL CONTRACTING
METHODS
1. The authority citation for 48 CFR
part 217 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add subpart 217.7 to read as
follows:
■
Subpart 217.7—Interagency
Acquisitions: Acquisitions by
Nondefense Agencies on Behalf of the
Department of Defense
Sec.
217.700
217.701
217.770
Scope of subpart.
Definitions.
Procedures.
Subpart 217.7—Interagency
Acquisitions: Acquisitions by
Nondefense Agencies on Behalf of the
Department of Defense
217.700
Scope of subpart.
This subpart—
(a) Implements section 854 of the
National Defense Authorization Act for
Fiscal Year 2005 (Pub. L. 108–375),
section 801 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181), and section 806 of
the National Defense Authorization Act
for Fiscal Year 2010 (Pub. L. 111–84);
and
(b) Prescribes policy for the
acquisition of supplies and services
through the use of contracts or orders
issued by non-DoD agencies.
217.701
Subpart 217.78 [Removed and
Reserved]
3. Remove and reserve subpart 217.78,
consisting of sections 217.7800,
217.7801, and 217.7802.
■
[FR Doc. 2015–20871 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Definitions.
As used in this subpart—
Assisted acquisition means the type of
interagency contracting through which
acquisition officials of a non-DoD
agency award a contract or a task or
delivery order for the acquisition of
supplies or services on behalf of DoD.
Direct acquisition means the type of
interagency contracting through which
DoD orders a supply or service from a
Governmentwide acquisition contract
maintained by a non-DoD agency.
Governmentwide acquisition contract
means a task or delivery order contract
that—
(1) Is entered into by a non-defense
agency; and
(2) May be used as the contract under
which property or services are procured
PO 00000
Procedures.
Departments and agencies shall
establish and maintain procedures for
reviewing and approving orders placed
for supplies and services under nonDoD contracts, whether through direct
acquisition or assisted acquisition,
when the amount of the order exceeds
the simplified acquisition threshold.
These procedures shall include—
(a) Evaluating whether using a nonDoD contract for the acquisition is in the
best interest of DoD. Factors to be
considered include—
(1) Satisfying customer requirements;
(2) Schedule;
(3) Cost effectiveness (taking into
account discounts and fees). In order to
ensure awareness of the total cost of fees
associated with use of a non-DoD
contract, follow the procedures at PGI
217.703(1)(iii); and
(4) Contract administration (including
oversight);
(b) Determining that the tasks to be
accomplished or supplies to be
provided are within the scope of the
contract to be used;
(c) Reviewing funding to ensure that
it is used in accordance with
appropriation limitations; and
(d) Collecting and reporting data on
the use of assisted acquisition for
analysis. Follow the reporting
requirements in subpart 204.6.
Frm 00029
Fmt 4700
Sfmt 4700
Defense Acquisition Regulations
System
48 CFR Parts 225 and 236
[Docket No. DARS–2015–0019]
RIN 0750–AI52
Defense Federal Acquisition
Regulation Supplement: Use of Military
Construction Funds (DFARS Case
2015–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
without change, an interim rule
SUMMARY:
E:\FR\FM\26AUR1.SGM
26AUR1
51752
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
Military Construction and Veterans
Affairs and Related Agencies
Appropriations Act, 2015, to require
offerors bidding on DoD military
construction contracts to provide
opportunity for competition to
American steel producers, fabricators,
and manufacturers; and restrict use of
military construction funds in certain
foreign countries, including countries
that border the Arabian Gulf.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Hammond, telephone 571–372–
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the
Federal Register at 80 FR 15909 on
March 26, 2015, to implement sections
108, 111, and 112 of the Military
Construction and Veterans Affairs and
Related Agencies Appropriations Act,
2015 (division I of the Consolidated and
Further Continuing Resolution
Appropriations Act, 2015, Pub. L. 113–
235), enacted December 16, 2014.
II. Discussion and Analysis
There were no public comments
submitted in response to the interim
rule. The interim rule has been
converted to a final rule, without
change.
III. Executive Orders 12866 and 13563
rmajette on DSK7SPTVN1PROD with RULES
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
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 rule is necessary to require
offerors bidding on DoD military
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
construction contracts to provide
opportunity for competition to
American steel producers, fabricators,
and manufacturers, and implement the
preference for award only to U.S. firms
when awarding certain military
construction and architect-engineer
contracts to be performed in countries
bordering the Arabian Gulf.
The objective of this rule is to
implement sections 108, 111, and 112 of
the Military Construction and Veterans
Affairs, and Related Agencies
Appropriations Act, 2015 (division I of
Pub. L. 113–235). This rule extends the
applicability of the requirement to
provide opportunity for competition to
American steel producers, fabricators,
and manufacturers, and revises the
preference for award to U.S. firms of
military construction contracts that have
an estimated value greater than
$1,000,000 and the restriction requiring
award only to U.S. firms for architectengineer contracts that have an
estimated value greater than $500,000,
to make it applicable to contracts to be
performed in a country bordering the
Arabian Gulf, rather than a country
bordering the Arabian Sea (as required
in earlier statutes).
No comments were received from the
public relative to the publication of the
initial regulatory flexibility analysis in
the interim rule.
Section 108 will benefit any small
business entities involved in producing,
fabricating, or manufacturing steel
products to be used in military
construction. Sections 111 and 112 will
only apply to a very limited number of
small entities—those entities that
submit offers in response to solicitations
for military construction contracts that
have an estimated value greater than
$1,000,000 and architect-engineer
contracts that have an estimated value
greater than $500,000, when the
contracts are to be performed in
countries bordering the Arabian Gulf.
The rule does not impose any
additional reporting, recordkeeping, and
other compliance requirements.
No alternatives were identified that
will accomplish the objectives of the
statutes and the rule.
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).
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
List of Subjects in 48 CFR Parts 225 and
236
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 225 and 236,
which was published at 80 FR 15909 on
March 26, 2015, is adopted as a final
rule without change.
[FR Doc. 2015–20872 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
[Docket No. 2015–0010]
RIN 0750–AI45
Defense Federal Acquisition
Regulation Supplement: Contractor
Personnel Supporting U.S. Armed
Forces Deployed Outside the United
States (DFARS Case 2014–D023)
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 provide updates and
clarifications regarding requirements for
contractor personnel supporting U.S.
Armed Forces deployed outside the
United States.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Hammond, Telephone 571–372–
6174.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 4850 on
January 29, 2015, to update the DFARS
clause at 252.225–7040, Contractor
Personnel Supporting U.S. Armed
Forces Deployed Outside the United
States. No public comments were
submitted in response to the proposed
rule.
II. Discussion and Analysis
No changes are made to the substance
of the final rule. Subsequent to the
publication of the proposed rule,
however, DFARS subpart 225.74 was
redesignated as DFARS 225.3 (see 80 FR
E:\FR\FM\26AUR1.SGM
26AUR1
]]>Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51751-51752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20872]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 236
[Docket No. DARS-2015-0019]
RIN 0750-AI52
Defense Federal Acquisition Regulation Supplement: Use of
Military Construction Funds (DFARS Case 2015-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
[[Page 51752]]
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement a section of the Military Construction and Veterans
Affairs and Related Agencies Appropriations Act, 2015, to require
offerors bidding on DoD military construction contracts to provide
opportunity for competition to American steel producers, fabricators,
and manufacturers; and restrict use of military construction funds in
certain foreign countries, including countries that border the Arabian
Gulf.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register at 80 FR
15909 on March 26, 2015, to implement sections 108, 111, and 112 of the
Military Construction and Veterans Affairs and Related Agencies
Appropriations Act, 2015 (division I of the Consolidated and Further
Continuing Resolution Appropriations Act, 2015, Pub. L. 113-235),
enacted December 16, 2014.
II. Discussion and Analysis
There were no public comments submitted in response to the interim
rule. The interim rule has been 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 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
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 rule is necessary to require offerors bidding on DoD military
construction contracts to provide opportunity for competition to
American steel producers, fabricators, and manufacturers, and implement
the preference for award only to U.S. firms when awarding certain
military construction and architect-engineer contracts to be performed
in countries bordering the Arabian Gulf.
The objective of this rule is to implement sections 108, 111, and
112 of the Military Construction and Veterans Affairs, and Related
Agencies Appropriations Act, 2015 (division I of Pub. L. 113-235). This
rule extends the applicability of the requirement to provide
opportunity for competition to American steel producers, fabricators,
and manufacturers, and revises the preference for award to U.S. firms
of military construction contracts that have an estimated value greater
than $1,000,000 and the restriction requiring award only to U.S. firms
for architect-engineer contracts that have an estimated value greater
than $500,000, to make it applicable to contracts to be performed in a
country bordering the Arabian Gulf, rather than a country bordering the
Arabian Sea (as required in earlier statutes).
No comments were received from the public relative to the
publication of the initial regulatory flexibility analysis in the
interim rule.
Section 108 will benefit any small business entities involved in
producing, fabricating, or manufacturing steel products to be used in
military construction. Sections 111 and 112 will only apply to a very
limited number of small entities--those entities that submit offers in
response to solicitations for military construction contracts that have
an estimated value greater than $1,000,000 and architect-engineer
contracts that have an estimated value greater than $500,000, when the
contracts are to be performed in countries bordering the Arabian Gulf.
The rule does not impose any additional reporting, recordkeeping,
and other compliance requirements.
No alternatives were identified that will accomplish the objectives
of the statutes and the rule.
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 225 and 236
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Accordingly, the interim rule amending 48 CFR parts 225 and 236,
which was published at 80 FR 15909 on March 26, 2015, is adopted as a
final rule without change.
[FR Doc. 2015-20872 Filed 8-25-15; 8:45 am]
BILLING CODE 5001-06-P
