Defense Federal Acquisition Regulation Supplement: Extension and Modification of Contract Authority for Advanced Component Development and Prototype Units (DFARS Case 2015-D008), 72671-72672 [2015-29552]
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Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
Defense Contract Audit Agency (DCAA).
At a minimum, the contracting officer
shall request that DCAA evaluate—
(A) Completeness of the contractor’s
voluntary disclosure on the affected
contract;
(B) Accuracy of the contractor’s cost
impact calculation for the affected
contract; and
(C) Potential impact on existing
contracts, task or deliver orders, or other
proposals the contractor has submitted
to the Government.
(ii) Voluntary disclosure of defective
pricing is not a voluntary refund as
defined in 242.7100 and does not waive
the Government entitlement to the
recovery of any overpayment plus
interest on the overpayments in
accordance with FAR 15.407–1(b)(7).
(iii) Voluntary disclosure of defective
pricing does not waive the
Government’s rights to pursue defective
pricing claims on the affected contract
or any other Government contract.
[FR Doc. 2015–29555 Filed 11–19–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Ms.
Janetta Brewer, telephone: 571–372–
6104.
48 CFR Parts 217 and 234
FOR FURTHER INFORMATION CONTACT:
[Docket DARS–2015–0042]
RIN 0750–AI62
SUPPLEMENTARY INFORMATION:
Defense Federal Acquisition
Regulation Supplement: Extension and
Modification of Contract Authority for
Advanced Component Development
and Prototype Units (DFARS Case
2015–D008)
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
implement a section of the National
Defense Authorization Act for Fiscal
Year 2015, which amended a section of
the National Defense Authorization Act
for Fiscal Year 2010, to extend and
modify contract authority for advanced
component development and prototype
units.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
January 19, 2016, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2015–D008,
using any of the following methods:
mstockstill on DSK4VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Sep<11>2014
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2015–D008’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2015–
D008.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2015–
D008’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2015–D008 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Janetta
Brewer, 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).
17:58 Nov 19, 2015
Jkt 238001
I. Background
DoD is proposing to revise the DFARS
to implement section 811 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2015 (Pub.
L. 113–291). Section 811 entitled
‘‘Extension and Modification of Contract
Authority for Advanced Component
Development and Prototype Units’’
amends paragraphs (a) and (b) of section
819 of the NDAA for FY 2010 (10 U.S.C.
2302 note).
The rule proposes to amend DFARS
217.202(2) and 234.005–1(1) to add ‘‘or
initial production’’ to the text. This will
allow for the inclusion of a contract line
item (possibly an option) to go to initial
production without further competition.
However, there is no new impact on
contract cost because section 819(b) of
the NDAA for FY 2010 (which is
unchanged in 2015) continues to place
a limitation on costs associated with any
contract line item (option or otherwise)
for the delivery of initial or additional
items. The rule also extends this
authority at DFARS 234.005–1(2) to
September 30, 2019, from September 30,
2014.
PO 00000
Frm 00064
Fmt 4702
Sfmt 4702
72671
II. 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.
III. Regulatory Flexibility Act
DoD does not expect this 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 the rule primarily provides
greater flexibility to DoD when
contracting for major system
acquisitions. However, an initial
regulatory flexibility analysis has been
performed and is summarized as
follows:
The purpose of the rule is to
implement section 811 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2015 (Pub. L. 113–291).
Section 811 entitled ‘‘Extension and
Modification of Contract Authority for
Advanced Component Development and
Prototype Units’’ amends paragraphs (a)
and (b) of section 819 of the NDAA for
FY 2010 (10 U.S.C. 2302 note).
The rule proposes to amend DFARS
217.202(2) and 234.005–1(1) to add ‘‘or
initial production’’ to the text. This will
allow for the inclusion of a contract line
item (possibly an option) to go to initial
production without further competition.
The rule will apply to DoD major
defense acquisition program contractors
and subcontractors. Most major defense
acquisition programs are awarded to
large concerns as they are of a scope too
large for any small business to perform.
As such, it is not expected that this rule
will have a significant impact on a
substantial number of small entities.
The rule does not impose any
additional reporting, recordkeeping, and
other compliance requirements. The
rule does not duplicate, overlap, or
conflict with any other Federal rules.
There are no alternatives available that
would meet the objectives of the statute.
DoD invites comments from small
business concerns and other interested
E:\FR\FM\20NOP1.SGM
20NOP1
72672
Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
affected DFARS subpart in accordance
with 5 U.S.C. 601. Such comments
should be submitted separately and
should cite 5 U.S.C. 610 (DFARS Case
2015–D008) in correspondence.
DEPARTMENT OF DEFENSE
IV. Paperwork Reduction Act
Defense Federal Acquisition
Regulation Supplement: Buy American
and Balance of Payments Program—
Clause Prescription (DFARS Case
2015–D037)
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. chapter 35.
List of Subjects in 48 CFR Parts 217 and
234
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 217 and 234
are proposed to be amended as follows:
1. The authority citation for parts 217
and 234 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 217—SPECIAL CONTRACTING
METHODS
2. Amend section 217.202 by revising
paragraph (2) to read as follows:
■
Use of options.
*
*
*
*
*
(2) See 234.005–1 for limitations on
the use of contract options for the
provision of advanced component
development, prototype, or initial
production of technology developed
under the contract or the delivery of
initial or additional items.
PART 234—MAJOR SYSTEM
ACQUISITION
234.005–1
[Amended]
3. Amend section 234.005–1—
■ a. In paragraph (1) introductory text,
by removing ‘‘component development
or prototype of technology’’ and adding
‘‘component development, prototype, or
initial production of technology’’ in its
place, and removing ‘‘additional
prototype items’’ and adding
‘‘additional items’’ in its place; and
■ b. In paragraph (2), by removing
‘‘September 30, 2014’’ and adding
‘‘September 30, 2019’’ in its place.
mstockstill on DSK4VPTVN1PROD with PROPOSALS
■
[FR Doc. 2015–29552 Filed 11–19–15; 8:45 am]
BILLING CODE 5001–06–P
VerDate Sep<11>2014
17:58 Nov 19, 2015
Defense Acquisition Regulations
System
Jkt 238001
Ms.
Tresa Sullivan, telephone 571–372–
6089.
SUPPLEMENTARY INFORMATION:
48 CFR Part 225
I. Background
[Docket DARS–2015–0053]
DoD is proposing to revise the DFARS
to clarify when it is appropriate to not
include DFARS clause 252.225–7001,
Buy American and Balance of Payments
Program, with regard to exceptions to
the Buy American statute and Balance
of Payment Program. The prescription
for use of DFARS clause 252.225–7001
does not clearly make a distinction with
regard to when an exception to the Buy
American statute or Balance of
Payments Program applies. As written,
procurement offices may inaccurately
believe that it is permissible to omit the
clause if either situation occurs.
However, the clause is required in
solicitations and contracts unless (1) the
acquisition is for supplies for use within
the United States and an exception to
the Buy American statute applies (e.g.,
nonavailability or public interest), or (2)
the acquisition is for supplies for use
outside the United States and an
exception to the Balance of Payments
Program applies.
RIN 0750–AI77
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 how the clause prescription
addresses applicability when an
exception to the Buy American statute
or Balance of Payments Program
applies.
SUMMARY:
Government procurement.
217.202
FOR FURTHER INFORMATION CONTACT:
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
January 19, 2016, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2015–D037,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2015–D037’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2015–
D037.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2015–
D037’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2015–D037 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Tresa
Sullivan, 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).
DATES:
PO 00000
Frm 00065
Fmt 4702
Sfmt 4702
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 applies to internal
procedures for Government contracting
officers. This proposed rule clarifies
how clause prescription addresses
applicability when an exception to the
Buy American statute or Balance of
Payments Program applies. However, an
initial regulatory flexibility analysis has
E:\FR\FM\20NOP1.SGM
20NOP1
Agencies
[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72671-72672]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29552]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 217 and 234
[Docket DARS-2015-0042]
RIN 0750-AI62
Defense Federal Acquisition Regulation Supplement: Extension and
Modification of Contract Authority for Advanced Component Development
and Prototype Units (DFARS Case 2015-D008)
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 implement a section of the National
Defense Authorization Act for Fiscal Year 2015, which amended a section
of the National Defense Authorization Act for Fiscal Year 2010, to
extend and modify contract authority for advanced component development
and prototype units.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before January 19, 2016, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2015-D008, 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-D008''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2015-D008.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2015-D008'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D008 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Janetta Brewer, 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. Janetta Brewer, telephone: 571-
372-6104.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement section 811 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015
(Pub. L. 113-291). Section 811 entitled ``Extension and Modification of
Contract Authority for Advanced Component Development and Prototype
Units'' amends paragraphs (a) and (b) of section 819 of the NDAA for FY
2010 (10 U.S.C. 2302 note).
The rule proposes to amend DFARS 217.202(2) and 234.005-1(1) to add
``or initial production'' to the text. This will allow for the
inclusion of a contract line item (possibly an option) to go to initial
production without further competition. However, there is no new impact
on contract cost because section 819(b) of the NDAA for FY 2010 (which
is unchanged in 2015) continues to place a limitation on costs
associated with any contract line item (option or otherwise) for the
delivery of initial or additional items. The rule also extends this
authority at DFARS 234.005-1(2) to September 30, 2019, from September
30, 2014.
II. 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.
III. Regulatory Flexibility Act
DoD does not expect this 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 the rule
primarily provides greater flexibility to DoD when contracting for
major system acquisitions. However, an initial regulatory flexibility
analysis has been performed and is summarized as follows:
The purpose of the rule is to implement section 811 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L.
113-291). Section 811 entitled ``Extension and Modification of Contract
Authority for Advanced Component Development and Prototype Units''
amends paragraphs (a) and (b) of section 819 of the NDAA for FY 2010
(10 U.S.C. 2302 note).
The rule proposes to amend DFARS 217.202(2) and 234.005-1(1) to add
``or initial production'' to the text. This will allow for the
inclusion of a contract line item (possibly an option) to go to initial
production without further competition.
The rule will apply to DoD major defense acquisition program
contractors and subcontractors. Most major defense acquisition programs
are awarded to large concerns as they are of a scope too large for any
small business to perform. As such, it is not expected that this rule
will have a significant impact on a substantial number of small
entities.
The rule does not impose any additional reporting, recordkeeping,
and other compliance requirements. The rule does not duplicate,
overlap, or conflict with any other Federal rules. There are no
alternatives available that would meet the objectives of the statute.
DoD invites comments from small business concerns and other
interested
[[Page 72672]]
parties on the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
affected DFARS subpart in accordance with 5 U.S.C. 601. Such comments
should be submitted separately and should cite 5 U.S.C. 610 (DFARS Case
2015-D008) in correspondence.
IV. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. chapter
35.
List of Subjects in 48 CFR Parts 217 and 234
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 217 and 234 are proposed to be amended as
follows:
0
1. The authority citation for parts 217 and 234 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 217--SPECIAL CONTRACTING METHODS
0
2. Amend section 217.202 by revising paragraph (2) to read as follows:
217.202 Use of options.
* * * * *
(2) See 234.005-1 for limitations on the use of contract options
for the provision of advanced component development, prototype, or
initial production of technology developed under the contract or the
delivery of initial or additional items.
PART 234--MAJOR SYSTEM ACQUISITION
234.005-1 [Amended]
0
3. Amend section 234.005-1--
0
a. In paragraph (1) introductory text, by removing ``component
development or prototype of technology'' and adding ``component
development, prototype, or initial production of technology'' in its
place, and removing ``additional prototype items'' and adding
``additional items'' in its place; and
0
b. In paragraph (2), by removing ``September 30, 2014'' and adding
``September 30, 2019'' in its place.
[FR Doc. 2015-29552 Filed 11-19-15; 8:45 am]
BILLING CODE 5001-06-P