Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Small Business Programs (DFARS Case 2015-D017), 58669-58671 [2015-24787]
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Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules
43. In § 2.66, revise paragraph (a) to
read as follows:
■
Subpart H—Administrative Appeals
§ 2.57
[Amended]
37. Amend § 2.57 by:
a. In paragraph (a)(5), adding the
words ‘‘or you have been placed in the
wrong fee category’’ after the word
‘‘calculated’’; and
■ b. In paragraph (a)(6), adding the
words ‘‘your request for’’ after the word
‘‘denied’’.
§ 2.66
§ 2.59
§ 2.70
■
■
[Amended]
38. In § 2.59(a), the first sentence,
remove the Web site address ‘‘https://
www.doi.gov/foia/appeals.cfm’’ and add
in its place the Web site address ‘‘https://
www.doi.gov/foia/appeals’’.
■ 39. Revise § 2.60 to read as follows:
■
§ 2.60
Who makes decisions on appeals?
(a) The FOIA Appeals Officer is the
deciding official for FOIA appeals that
do not appeal a decision of the Office
of the Inspector General.
(b) The General Counsel is the
deciding official for FOIA appeals that
appeal a decision of the Office of the
Inspector General.
(c) When necessary, the appropriate
deciding official for FOIA appeals will
consult other appropriate offices,
including the Office of the Solicitor or
Office of General Counsel for denials of
records and fee waivers.
(d) The deciding official for FOIA
appeals normally will not make a
decision on an appeal if the request
becomes a matter of FOIA litigation.
■ 40. Revise § 2.62 to read as follows:
§ 2.62 When can you expect a decision on
your appeal?
(a) The basic time limit for responding
to an appeal is 20 workdays after receipt
of an appeal meeting the requirements
of § 2.59 of this subpart.
(b) If the Department is unable to
reach a decision on your appeal within
the given time limit for response, the
appropriate deciding official for FOIA
appeals will notify you of your statutory
right to seek review in a United States
District Court.
§ 2.63
[Amended]
41. In § 2.63, paragraphs (b) and (c),
remove the words ‘‘FOIA Appeals
Officer’’ and add in their place the
words ‘‘appropriate deciding official for
FOIA appeals’’.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
■
Subpart I—General Information
§ 2.65
[Amended]
42. In § 2.65, the first sentence,
remove the Web site address ‘‘https://
www.doi.gov/foia/libraries.cfm’’ and
add in its place the Web site address
‘‘https://www.doi.gov/foia/libraries’’.
■
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What are public liaisons?
(a) Each bureau has a FOIA Public
Liaison who can assist requesters who
have concerns about the service they
received when seeking records or who
are seeking assistance under § 2.3(d) or
§ 2.37(i) of this part.
*
*
*
*
*
[Amended]
44. Amend § 2.70 by:
a. In the definition of Bureau,
removing the Web site address ‘‘https://
www.doi.gov/foia/contacts.cfm’’ and
adding in its place the Web site address
https://www.doi.gov/foia/contacts; and
■ b. In the definition of Multitrack
processing, the second sentence, adding
the word ‘‘ordinarily’’ after the word
‘‘are’’.
■
■
[FR Doc. 2015–24703 Filed 9–29–15; 8:45 am]
BILLING CODE 4310–10–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 219 and 252
[Docket No. DARS 2015–0044]
RIN 0750–AI68
58669
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2015–D017’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2015–
D017.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2015–
D017’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2015–D017 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Julie
Hammond, OUSD(AT&L)DPAP/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Hammond, telephone 571–372–
6174.
SUPPLEMENTARY INFORMATION:
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Small Business Programs
(DFARS Case 2015–D017)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
clarify clauses and their prescriptions
for small business programs and to
create a basic and alternate clause
structured in a manner to facilitate use
of automated contract writing systems.
The rule also includes the full text of
the alternate, rather than only providing
the paragraphs that differ from the basic
clause. The rule also clarifies one clause
that is an alternate to a Federal
Acquisition Regulation (FAR) clause.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
November 30, 2015, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2015–D017,
using any of the following methods:
SUMMARY:
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I. Background
DoD is issuing this proposed rule to
clarify, in the small business programs
clause prescriptions, the appropriate use
of the basic clause and its alternate
clause. This rule does not substantively
change the text of any clause (basic or
alternate) nor does it change the
requirement for use of any clause.
II. Discussion and Analysis
This proposed rule addresses one
DFARS part 219 clause that has an
alternate and one clause that is an
alternate to a FAR clause. The affected
clauses are 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), with one alternate, and
252.219–7010, Alternate A.
This proposed rule provides a basic
clause in full text and the alternate to
the basic clause in full text for DFARS
clause 252.219–7003 instead of only
providing the paragraphs that are
changed in the alternate. Each clause
(basic and alternate) will have a separate
prescription, stating the applicability of
the clause. A separate DFARS clause has
been modified to incorporate FAR
clause 52.219–18 and its two alternates
into 252.219–7010, now titled
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Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules
‘‘Notification of Competition Limited to
Eligible 8(a) Concerns—Partnership
Agreement.’’
The proposed rule does not change
the clause prescriptions, and only
clarifies for contracting officers the
applicability of the clause (basic and
alternate). The introductory text for the
alternate clause will continue to explain
what portions of the alternate are
different from the basic clause.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
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 does not expect this proposed
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 it merely revises the
prescriptions for clarity and use of
provisions and clauses in solicitation
and contracts. The clauses with
alternates are revised to include full text
of the basic clause and the alternate
clause for ease of use for the small
businesses. However, an initial
regulatory flexibility analysis has been
performed and is summarized as
follows: DFARS 252.219–7003 Small
Business Subcontracting Plan (DoD
Contracts) and its alternate are
prescribed to be used with FAR 52.210–
9 and its alternates. FAR 52.219–9 does
not apply to small business concerns.
Therefore there is no burden on any
small business from this rule relative to
the DFARS 252.219–7003 basic and
alternate clauses.
DFARS 252.219–7010, Alternate A, is
the alternate for FAR 52.219–18,
Notification of Competition Limited to
Eligible 8(a) Concerns. DFARS 252.219–
7010 will affect only those 8(a) concerns
when competing for an 8(a) award.
Currently there are approximately 8,567
active small business concerns in the
8(a) program. However, these entities
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should not be economically impacted by
the changes addressed in this proposed
rule, since nothing substantive will
change in solicitations or contracts for
potential offerors, and only the
appearance of how clause alternates are
presented in solicitations and contracts
will be changed. This rule should result
in potential benefits to offerors,
including small businesses, resulting in
offerors expending less time to review
and understand the solicitation and
contract. The rule anticipates saving
contractors’ time by making all
paragraph substitutions from the basic
clause and by not requiring offerors to
read inapplicable paragraphs contained
in the basic clauses where alternates are
also included in the solicitations and
contracts.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2015–D017), in
correspondence.
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).
(2) Use the alternate I clause at
252.219–7003, when using Alternate III
of FAR 52.219–9.
*
*
*
*
*
■ 3. In section 219.811–3, revise
paragraph (2) to read as follows:
219.811–3
Contract clauses.
*
*
*
*
*
(2) Use the clause at 252.219–7010,
Notification of Competition Limited to
Eligible 8(a) Concerns—Partnership
Agreement, in lieu of the clause at FAR
52.219–18, Notification of Competition
Limited to Eligible 8(a) Concerns, in
competitive solicitations and contracts
when the acquisition is accomplished
using the procedures of FAR 19.805 and
processed in accordance with the PA
cited in 219.800.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Amend section 252.219–7003 by—
a. Revising the introductory text,
clause title, and date;
■ b. In paragraph (c)(2), removing
‘‘Section’’ and adding ‘‘section’’ in its
place; and
■ c. Revising Alternate I.
The revisions read as follows:
■
■
252.219–7003 Small Business
Subcontracting Plan (DoD Contracts).
List of Subjects in 48 CFR Parts 219 and
252
Government procurement.
Basic. As prescribed in
219.708(b)(1)(A) and (b)(1)(A)(1), use
the following clause:
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Small Business Subcontracting Plan
(DOD Contracts)—Basic (Date)
Therefore, 48 CFR parts 219 and 252
are proposed to be amended as follows:
■ 1. The authority citation for parts 202
and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 219—SMALL BUSINESS
PROGRAMS
2. In section 219.708, revise paragraph
(b)(1)(A) to read as follows:
■
219.708
Contract clauses.
(b)(1)(A) Use the basic or alternate
clause at 252.219–7003, Small Business
Subcontracting Plan (DoD Contracts), in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, that contain the
clause at FAR 52.219–9, Small Business
Subcontracting Plan.
(1) Use the basic clause at 252.219–
7003, when using the basic, alternate I,
or alternate II of FAR 52.219–9.
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*
*
*
*
*
Alternate I. As prescribed in
219.708(b)(1)(A) and (b)(1)(A)(2), use
the following clause, which uses a
different paragraph (f) than the basic
clause.
Small Business Subcontracting Plan
(DOD Contracts)—Alternate I (Date)
This clause supplements the Federal
Acquisition Regulation 52.219–9, Small
Business Subcontracting Plan, clause of this
contract.
(a) Definitions. Summary Subcontract
Report (SSR) Coordinator, as used in this
clause, means the individual at the
department or agency level who is registered
in eSRS and is responsible for acknowledging
receipt or rejecting SSRs in eSRS for the
department or agency.
(b) Subcontracts awarded to workshops
approved by the Committee for Purchase
from People Who are Blind or Severely
Disabled (41 U.S.C. 8502–8504), may be
counted toward the Contractor’s small
business subcontracting goal.
(c) A mentor firm, under the Pilot MentorProtege Program established under section
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Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Proposed Rules
831 of Public Law 101–510, as amended, may
count toward its small disadvantaged
business goal, subcontracts awarded to—
(1) Protege firms which are qualified
organizations employing the severely
disabled; and
(2) Former protege firms that meet the
criteria in section 831(g)(4) of Public Law
101–510.
(d) The master plan is approved by the
Contractor’s cognizant contract
administration activity.
(e) In those subcontracting plans which
specifically identify small businesses, the
Contractor shall notify the Administrative
Contracting Officer of any substitutions of
firms that are not small business firms, for
the small business firms specifically
identified in the subcontracting plan.
Notifications shall be in writing and shall
occur within a reasonable period of time after
award of the subcontract. Contractorspecified formats shall be acceptable.
(f)(1) For DoD, the Contractor shall submit
reports in eSRS as follows:
(i) The Standard Form 294, Subcontracting
Report for Individual Contracts, shall be
submitted in accordance with the
instructions on that form.
(ii) An SSR for other than a commercial
subcontracting plan, or construction and
related maintenance repair contracts, shall be
submitted in eSRS to the department or
agency within DoD that administers the
majority of the Contractor’s individual
subcontracting plans. An example would be
Defense Finance and Accounting Service or
Missile Defense Agency.
(2) For DoD, the authority to acknowledge
receipt or reject reports in eSRS is as follows:
(i) Except as provided in paragraph (f)(2)(ii)
of this clause, the authority to acknowledge
receipt or reject SSRs in eSRS resides with
the SSR Coordinator at the department or
agency that administers the majority of the
Contractor’s individual subcontracting plans.
(ii) The authority to acknowledge receipt or
reject SSRs for construction and related
maintenance and repair contracts resides
with the SSR Coordinator for each
department or agency.
approved business plan or any remedial
action directed by the SBA.
(3) If the competition is to be limited to
8(a) concerns within one or more specific
SBA regions or districts, then the offeror’s
approved business plan is on the file and
serviced by lllll.
[Contracting Officer completes by inserting
the appropriate SBA District and/or Regional
Office(s) as identified by the SBA.]
(b) By submission of its offer, the Offeror
represents that it meets all of the criteria set
forth in paragraph (a) of this clause.
(c) Any award resulting from this
solicitation will be made directly by the
Contracting Officer to the successful 8(a)
offeror selected through the evaluation
criteria set forth in this solicitation.
(d)(1) Agreement. A small business
concern submitting an offer in its own name
shall furnish, in performing the contract,
only end items manufactured or produced by
small business concerns in the United States
or its outlying areas, unless—
(i) The Small Business Administration has
determined that there are no small business
manufactures or processors in the Federal
market place in accordance with FAR
19.502–2(c);
(ii) The acquisition is processed under
simplified acquisition procedures and the
total amount of this contract does not exceed
$25,000, in which case a small business
concern may furnish the product of any
domestic firm; or
(iii) The acquisition is a construction or
service contract.
(2) The lllll [insert name of SBA’s
contractor] will notify the lllll [insert
name of contracting agency] Contracting
Officer in writing immediately upon entering
an agreement (either oral or written) to
transfer all or part of its stock or other
ownership interest to any other party.
(End of clause)
[FR Doc. 2015–24787 Filed 9–29–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
(End of clause)
■ 5. Revise section 252.219–7010 to
read as follows:
Defense Acquisition Regulations
System
252.219–7010 Notification of Competition
Limited to Eligible 8(a) Concerns—
Partnership Agreement.
48 CFR Parts 246 and 252
As prescribed in 219.811–3(2), use the
following clause:
RIN 0750–AI39
mstockstill on DSK4VPTVN1PROD with PROPOSALS
Notification of Competition Limited to
Eligible 8(a) Concerns—Partnership
Agreement (Date)
(a) Offers are solicited only from small
business concerns expressly certified by the
Small Business Administration (SBA) for
participation in the SBA’s 8(a) Program and
which meet the following criteria at the time
of submission of offer:
(1) The Offeror is in conformance with the
8(a) support limitation set forth in its
approved business plan.
(2) The Offeror is in conformance with the
Business Activity Targets set forth in its
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[Docket No. DARS–2015–0054]
Defense Federal Acquisition
Regulation Supplement: Warranty
Tracking of Serialized Items (DFARS
Case 2014–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
require use of the electronic contract
SUMMARY:
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58671
attachments accessible via the Product
Deficiency Reporting and Evaluation
Program to record and track warranty
data and source of repair information for
serialized items.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
November 30, 2015, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2014–D026,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2014–D026’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2014–
D026.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2014–
D026’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2014–D026 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Kyoung
Lee, OUSD(AT&L)DPAP/DARS, Room
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Kyoung Lee, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
I. Background
On June 8, 2011, DoD published a
final rule in the Federal Register (76 FR
33166) to establish the requirements and
formats for tracking warranties for items
subject to Item Unique Identification
(IUID) in the IUID registry in the
DFARS. The rule added the provision at
DFARS 252.246–7005, Notice of
Warranty Tracking of Serialized Items,
and the clause at DFARS 252.246–7006,
Warranty Tracking of Serialized Items,
with standard contract attachments and
instructions for reporting data necessary
to track warranty information for each
serialized item.
On April 12, 2012, the Director,
Defense Procurement Acquisition Policy
(DPAP), issued a memorandum entitled
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]]>Agencies
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Proposed Rules]
[Pages 58669-58671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24787]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 219 and 252
[Docket No. DARS 2015-0044]
RIN 0750-AI68
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Small Business Programs (DFARS Case 2015-D017)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to clarify clauses and their
prescriptions for small business programs and to create a basic and
alternate clause structured in a manner to facilitate use of automated
contract writing systems. The rule also includes the full text of the
alternate, rather than only providing the paragraphs that differ from
the basic clause. The rule also clarifies one clause that is an
alternate to a Federal Acquisition Regulation (FAR) clause.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before November 30, 2015, to be
considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2015-D017, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D017''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2015-D017.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2015-D017'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D017 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Julie
Hammond, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing this proposed rule to clarify, in the small business
programs clause prescriptions, the appropriate use of the basic clause
and its alternate clause. This rule does not substantively change the
text of any clause (basic or alternate) nor does it change the
requirement for use of any clause.
II. Discussion and Analysis
This proposed rule addresses one DFARS part 219 clause that has an
alternate and one clause that is an alternate to a FAR clause. The
affected clauses are 252.219-7003, Small Business Subcontracting Plan
(DoD Contracts), with one alternate, and 252.219-7010, Alternate A.
This proposed rule provides a basic clause in full text and the
alternate to the basic clause in full text for DFARS clause 252.219-
7003 instead of only providing the paragraphs that are changed in the
alternate. Each clause (basic and alternate) will have a separate
prescription, stating the applicability of the clause. A separate DFARS
clause has been modified to incorporate FAR clause 52.219-18 and its
two alternates into 252.219-7010, now titled
[[Page 58670]]
``Notification of Competition Limited to Eligible 8(a) Concerns--
Partnership Agreement.''
The proposed rule does not change the clause prescriptions, and
only clarifies for contracting officers the applicability of the clause
(basic and alternate). The introductory text for the alternate clause
will continue to explain what portions of the alternate are different
from the basic clause.
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 does not expect this proposed 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 it merely revises the prescriptions for clarity and use of
provisions and clauses in solicitation and contracts. The clauses with
alternates are revised to include full text of the basic clause and the
alternate clause for ease of use for the small businesses. However, an
initial regulatory flexibility analysis has been performed and is
summarized as follows: DFARS 252.219-7003 Small Business Subcontracting
Plan (DoD Contracts) and its alternate are prescribed to be used with
FAR 52.210-9 and its alternates. FAR 52.219-9 does not apply to small
business concerns. Therefore there is no burden on any small business
from this rule relative to the DFARS 252.219-7003 basic and alternate
clauses.
DFARS 252.219-7010, Alternate A, is the alternate for FAR 52.219-
18, Notification of Competition Limited to Eligible 8(a) Concerns.
DFARS 252.219-7010 will affect only those 8(a) concerns when competing
for an 8(a) award. Currently there are approximately 8,567 active small
business concerns in the 8(a) program. However, these entities should
not be economically impacted by the changes addressed in this proposed
rule, since nothing substantive will change in solicitations or
contracts for potential offerors, and only the appearance of how clause
alternates are presented in solicitations and contracts will be
changed. This rule should result in potential benefits to offerors,
including small businesses, resulting in offerors expending less time
to review and understand the solicitation and contract. The rule
anticipates saving contractors' time by making all paragraph
substitutions from the basic clause and by not requiring offerors to
read inapplicable paragraphs contained in the basic clauses where
alternates are also included in the solicitations and contracts.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2015-D017), in
correspondence.
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 219 and 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 219 and 252 are proposed to be amended as
follows:
0
1. The authority citation for parts 202 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 219--SMALL BUSINESS PROGRAMS
0
2. In section 219.708, revise paragraph (b)(1)(A) to read as follows:
219.708 Contract clauses.
(b)(1)(A) Use the basic or alternate clause at 252.219-7003, Small
Business Subcontracting Plan (DoD Contracts), in solicitations and
contracts, including solicitations and contracts using FAR part 12
procedures for the acquisition of commercial items, that contain the
clause at FAR 52.219-9, Small Business Subcontracting Plan.
(1) Use the basic clause at 252.219-7003, when using the basic,
alternate I, or alternate II of FAR 52.219-9.
(2) Use the alternate I clause at 252.219-7003, when using
Alternate III of FAR 52.219-9.
* * * * *
0
3. In section 219.811-3, revise paragraph (2) to read as follows:
219.811-3 Contract clauses.
* * * * *
(2) Use the clause at 252.219-7010, Notification of Competition
Limited to Eligible 8(a) Concerns--Partnership Agreement, in lieu of
the clause at FAR 52.219-18, Notification of Competition Limited to
Eligible 8(a) Concerns, in competitive solicitations and contracts when
the acquisition is accomplished using the procedures of FAR 19.805 and
processed in accordance with the PA cited in 219.800.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 252.219-7003 by--
0
a. Revising the introductory text, clause title, and date;
0
b. In paragraph (c)(2), removing ``Section'' and adding ``section'' in
its place; and
0
c. Revising Alternate I.
The revisions read as follows:
252.219-7003 Small Business Subcontracting Plan (DoD Contracts).
Basic. As prescribed in 219.708(b)(1)(A) and (b)(1)(A)(1), use the
following clause:
Small Business Subcontracting Plan (DOD Contracts)--Basic (Date)
* * * * *
Alternate I. As prescribed in 219.708(b)(1)(A) and (b)(1)(A)(2),
use the following clause, which uses a different paragraph (f) than the
basic clause.
Small Business Subcontracting Plan (DOD Contracts)--Alternate I (Date)
This clause supplements the Federal Acquisition Regulation
52.219-9, Small Business Subcontracting Plan, clause of this
contract.
(a) Definitions. Summary Subcontract Report (SSR) Coordinator,
as used in this clause, means the individual at the department or
agency level who is registered in eSRS and is responsible for
acknowledging receipt or rejecting SSRs in eSRS for the department
or agency.
(b) Subcontracts awarded to workshops approved by the Committee
for Purchase from People Who are Blind or Severely Disabled (41
U.S.C. 8502-8504), may be counted toward the Contractor's small
business subcontracting goal.
(c) A mentor firm, under the Pilot Mentor-Protege Program
established under section
[[Page 58671]]
831 of Public Law 101-510, as amended, may count toward its small
disadvantaged business goal, subcontracts awarded to--
(1) Protege firms which are qualified organizations employing
the severely disabled; and
(2) Former protege firms that meet the criteria in section
831(g)(4) of Public Law 101-510.
(d) The master plan is approved by the Contractor's cognizant
contract administration activity.
(e) In those subcontracting plans which specifically identify
small businesses, the Contractor shall notify the Administrative
Contracting Officer of any substitutions of firms that are not small
business firms, for the small business firms specifically identified
in the subcontracting plan. Notifications shall be in writing and
shall occur within a reasonable period of time after award of the
subcontract. Contractor-specified formats shall be acceptable.
(f)(1) For DoD, the Contractor shall submit reports in eSRS as
follows:
(i) The Standard Form 294, Subcontracting Report for Individual
Contracts, shall be submitted in accordance with the instructions on
that form.
(ii) An SSR for other than a commercial subcontracting plan, or
construction and related maintenance repair contracts, shall be
submitted in eSRS to the department or agency within DoD that
administers the majority of the Contractor's individual
subcontracting plans. An example would be Defense Finance and
Accounting Service or Missile Defense Agency.
(2) For DoD, the authority to acknowledge receipt or reject
reports in eSRS is as follows:
(i) Except as provided in paragraph (f)(2)(ii) of this clause,
the authority to acknowledge receipt or reject SSRs in eSRS resides
with the SSR Coordinator at the department or agency that
administers the majority of the Contractor's individual
subcontracting plans.
(ii) The authority to acknowledge receipt or reject SSRs for
construction and related maintenance and repair contracts resides
with the SSR Coordinator for each department or agency.
(End of clause)
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5. Revise section 252.219-7010 to read as follows:
252.219-7010 Notification of Competition Limited to Eligible 8(a)
Concerns--Partnership Agreement.
As prescribed in 219.811-3(2), use the following clause:
Notification of Competition Limited to Eligible 8(a) Concerns--
Partnership Agreement (Date)
(a) Offers are solicited only from small business concerns
expressly certified by the Small Business Administration (SBA) for
participation in the SBA's 8(a) Program and which meet the following
criteria at the time of submission of offer:
(1) The Offeror is in conformance with the 8(a) support
limitation set forth in its approved business plan.
(2) The Offeror is in conformance with the Business Activity
Targets set forth in its approved business plan or any remedial
action directed by the SBA.
(3) If the competition is to be limited to 8(a) concerns within
one or more specific SBA regions or districts, then the offeror's
approved business plan is on the file and serviced by _____.
[Contracting Officer completes by inserting the appropriate SBA
District and/or Regional Office(s) as identified by the SBA.]
(b) By submission of its offer, the Offeror represents that it
meets all of the criteria set forth in paragraph (a) of this clause.
(c) Any award resulting from this solicitation will be made
directly by the Contracting Officer to the successful 8(a) offeror
selected through the evaluation criteria set forth in this
solicitation.
(d)(1) Agreement. A small business concern submitting an offer
in its own name shall furnish, in performing the contract, only end
items manufactured or produced by small business concerns in the
United States or its outlying areas, unless--
(i) The Small Business Administration has determined that there
are no small business manufactures or processors in the Federal
market place in accordance with FAR 19.502-2(c);
(ii) The acquisition is processed under simplified acquisition
procedures and the total amount of this contract does not exceed
$25,000, in which case a small business concern may furnish the
product of any domestic firm; or
(iii) The acquisition is a construction or service contract.
(2) The _____ [insert name of SBA's contractor] will notify the
_____ [insert name of contracting agency] Contracting Officer in
writing immediately upon entering an agreement (either oral or
written) to transfer all or part of its stock or other ownership
interest to any other party.
(End of clause)
[FR Doc. 2015-24787 Filed 9-29-15; 8:45 am]
BILLING CODE 5001-06-P
