Defense Federal Acquisition Regulation Supplement: Contract Term Limit for Shared Energy Savings Contract Services (DFARS Case 2015-D018), 72675-72676 [2015-29553]

Download as PDF Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 this rule only adds a definition of ‘‘long-haul telecommunications’’ and provides a pointer to DFARS PGI for procedures internal to DoD. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: The purpose of this proposed rule is to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to add a definition of ‘‘longhaul telecommunications’’ so that contracting officers will know when the procedures at DFARS Procedures, Guidance, and Information 239.7402 are applicable. The requirements under this rule will apply to long-haul telecommunications (Product Service Code D304) requirements as addressed in DoD Directive 5105.19, Defense Information Systems Agency (DISA). According to data available in the Federal Procurement Data System (FPDS) for fiscal year 2014 and through July 31, 2015, DoD awarded 13,596 new longhaul telecommunications contracts. Approximately 3 percent (451) of the total were awarded to small entities (comprised of 222 unique small entities). This rule does not create any new reporting or recordkeeping requirements. This rule does not duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternatives to the rule. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by this rule consistent with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610 (DFARS Case 2015–D023) in correspondence. VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 72675 V. Paperwork Reduction Act DEPARTMENT OF DEFENSE 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). Defense Acquisition Regulations System List of Subjects in 48 CFR Part 239 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 239 is proposed to be amended as follows: PART 239—ACQUISITION OF INFORMATION TECHNOLOGY 1. The authority citation for part 239 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Amend section 239.7401 by— ■ a. Removing the alphabetical paragraph designation from each definition; and ■ b. Adding, in alphabetical order, a new definition for ‘‘Long-haul telecommunications’’. The addition reads as follows: ■ 239.7401 Definitions. * * * * * Long-haul telecommunications means all general and special purpose longdistance telecommunications facilities and services (including commercial satellite services, terminal equipment and local circuitry supporting the longhaul service) to or from the post, camp, base, or station switch and/or main distribution frame (except for trunk lines to the first-serving commercial central office for local communications services). * * * * * ■ 3. Amend section 239.7402 by adding paragraph (d) to read as follows: 239.7402 Policy. * * * * * (d) Long-haul telecommunications services. When there is a requirement for procurement of long-haul telecommunications services, follow PGI 239.7402(d). [FR Doc. 2015–29554 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00068 Fmt 4702 Sfmt 4702 48 CFR Part 241 [Docket DARS–2015–0050] RIN 0750–AI74 Defense Federal Acquisition Regulation Supplement: Contract Term Limit for Shared Energy Savings Contract Services (DFARS Case 2015– D018) 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 the contract term for shared energy savings contract services. 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–D018, using any of the following methods: Æ Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by entering ‘‘DFARS Case 2015–D018’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2015– D018.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2015– D018’’ on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2015–D018 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Janetta L. Brewer, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// 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 L. Brewer, telephone 571–372– 6104. SUMMARY: E:\FR\FM\20NOP1.SGM 20NOP1 72676 Federal Register / Vol. 80, No. 224 / Friday, November 20, 2015 / Proposed Rules SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to revise the DFARS to clarify the contract term for contracts awarded under the statutory authority of 10 U.S.C. 2913. Section 2913 requires DoD to develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of such contracts. DoD is authorized by section 2913 to contract with utility service providers to implement energy conservation measures on military bases. Section 2913 does not indicate a term limit for contracts executed under this authority. II. Discussion and Analysis The proposed rule revises DFARS 241.103 by adding paragraph (2) to state that contracting officers may enter into a shared energy savings contract under 10 U.S.C. 2913 for a period not-toexceed 25 years. Experience has indicated that a period of less than 25 years is frequently insufficient to amortize the capital cost. Twenty-five years allows a greater volume and variety of energy conservation measures, and is consistent with non-DoD agency practice for similar contracts. 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. mstockstill on DSK4VPTVN1PROD with PROPOSALS 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 the rule only seeks to clarify the contract term for contracts awarded under the statutory authority of 10 U.S.C. 2913. However, an initial regulatory flexibility analysis has been performed and is summarized as follows: VerDate Sep<11>2014 17:58 Nov 19, 2015 Jkt 238001 DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify the contract term for contracts awarded under the statutory authority of 10 U.S.C. 2913. Section 2913 requires DoD to develop a simplified method of contracting for shared energy savings contract services that will accelerate the use of such contracts. DoD is authorized by section 2913 to contract with utility service providers to implement energy conservation measures on military bases. Section 2913 does not indicate a term limit for contracts executed under this authority, and this has created ambiguity and inconsistency throughout DoD on the term limit that is imposed on contracts awarded under the authority. Additionally, the ambiguity has resulted in a hesitation to enter shared energy savings contracts, contrary to the intent of section 2913. The proposed rule is not anticipated to have a significant economic impact on small business entities. The number of contract awards made under the authority of 10 U.S.C. 2913 is not currently tracked by DoD’s business systems. However, it is estimated that approximately 25 shared energy savings projects are initiated across DoD each year, with approximately 17 being awarded annually. It is believed that most awards are made to large utility providers, with generally 25% or more of the renovation and operations & maintenance work executed under the awards being subcontracted to local small business by the utility provider. This rule does not impose new recordkeeping or reporting requirements. This rule only serves to clarify the maximum contract term that may be authorized for these awards. Any burden caused by this rule is expected to be minimal and will not be any greater on small entities than it is on large businesses. 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 known significant alternatives to this rule. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. 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–D018), in correspondence. PO 00000 Frm 00069 Fmt 4702 Sfmt 4702 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 Part 241 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 241 is proposed to be amended to read as follows: PART 241—ACQUISITION OF UTILITY SERVICES 1. The authority citation for part 241 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Amend section 241.103 by redesignating paragraphs (2) and (3) as paragraphs (3) and (4) and adding a new paragraph (2) to read as follows: ■ 241.103 Statutory and delegated authority. * * * * * (2) The contracting officer may enter into a shared energy savings contract under 10 U.S.C. 2913 for a period not to exceed 25 years. * * * * * [FR Doc. 2015–29553 Filed 11–19–15; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 660 [Docket No. 130808697–5999–01] RIN 0648–XC808 Fisheries Off West Coast States; Coastal Pelagic Species Fisheries; Multi-Year Specifications for Monitored and Prohibited Harvest Species Stock Categories National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule. AGENCY: NMFS proposes to implement annual catch limits (ACL) and, where necessary, other annual reference points (overfishing limits (OFL) and acceptable biological catches (ABC)) for certain stocks in the monitored and prohibited SUMMARY: E:\FR\FM\20NOP1.SGM 20NOP1

Agencies

[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Proposed Rules]
[Pages 72675-72676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29553]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 241

[Docket DARS-2015-0050]
RIN 0750-AI74


Defense Federal Acquisition Regulation Supplement: Contract Term 
Limit for Shared Energy Savings Contract Services (DFARS Case 2015-
D018)

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 the contract term for shared 
energy savings contract services.

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-D018, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2015-D018'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2015-D018.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2015-D018'' on your attached document.
    [cir] Email: osd.dfars@mail.mil. Include DFARS Case 2015-D018 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Janetta L. Brewer, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense 
Pentagon, Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://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 L. Brewer, telephone 571-
372-6104.

[[Page 72676]]


SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to revise the DFARS to clarify the contract term 
for contracts awarded under the statutory authority of 10 U.S.C. 2913. 
Section 2913 requires DoD to develop a simplified method of contracting 
for shared energy savings contract services that will accelerate the 
use of such contracts. DoD is authorized by section 2913 to contract 
with utility service providers to implement energy conservation 
measures on military bases. Section 2913 does not indicate a term limit 
for contracts executed under this authority.

II. Discussion and Analysis

    The proposed rule revises DFARS 241.103 by adding paragraph (2) to 
state that contracting officers may enter into a shared energy savings 
contract under 10 U.S.C. 2913 for a period not-to-exceed 25 years. 
Experience has indicated that a period of less than 25 years is 
frequently insufficient to amortize the capital cost. Twenty-five years 
allows a greater volume and variety of energy conservation measures, 
and is consistent with non-DoD agency practice for similar contracts.

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 the rule only seeks to clarify the contract term for contracts 
awarded under the statutory authority of 10 U.S.C. 2913. However, an 
initial regulatory flexibility analysis has been performed and is 
summarized as follows:
    DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to clarify the contract term for 
contracts awarded under the statutory authority of 10 U.S.C. 2913. 
Section 2913 requires DoD to develop a simplified method of contracting 
for shared energy savings contract services that will accelerate the 
use of such contracts. DoD is authorized by section 2913 to contract 
with utility service providers to implement energy conservation 
measures on military bases. Section 2913 does not indicate a term limit 
for contracts executed under this authority, and this has created 
ambiguity and inconsistency throughout DoD on the term limit that is 
imposed on contracts awarded under the authority. Additionally, the 
ambiguity has resulted in a hesitation to enter shared energy savings 
contracts, contrary to the intent of section 2913.
    The proposed rule is not anticipated to have a significant economic 
impact on small business entities. The number of contract awards made 
under the authority of 10 U.S.C. 2913 is not currently tracked by DoD's 
business systems. However, it is estimated that approximately 25 shared 
energy savings projects are initiated across DoD each year, with 
approximately 17 being awarded annually. It is believed that most 
awards are made to large utility providers, with generally 25% or more 
of the renovation and operations & maintenance work executed under the 
awards being subcontracted to local small business by the utility 
provider.
    This rule does not impose new recordkeeping or reporting 
requirements. This rule only serves to clarify the maximum contract 
term that may be authorized for these awards. Any burden caused by this 
rule is expected to be minimal and will not be any greater on small 
entities than it is on large businesses.
    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 known 
significant alternatives to this rule.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    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-D018), 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 Part 241

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 241 is proposed to be amended to read as 
follows:

PART 241--ACQUISITION OF UTILITY SERVICES

0
1. The authority citation for part 241 continues to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

0
2. Amend section 241.103 by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4) and adding a new paragraph (2) to read as 
follows:


241.103  Statutory and delegated authority.

* * * * *
    (2) The contracting officer may enter into a shared energy savings 
contract under 10 U.S.C. 2913 for a period not to exceed 25 years.
* * * * *
[FR Doc. 2015-29553 Filed 11-19-15; 8:45 am]
BILLING CODE 5001-06-P