Defense Federal Acquisition Regulation Supplement: Extension and Modification of Contract Authority for Advanced Component Development and Prototype Units (DFARS Case 2015-D008), 17044-17045 [2016-06721]

Download as PDF 17044 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations (3) For additional information on warranty attachments, see the ‘‘Warranty and Source of Repair’’ training and ‘‘Warranty and Source of Repair Tracking User Guide’’ accessible on the Product Data Reporting and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/ pdrep_files/other/wsr.htm. (End of provision) ■ 7. Amend section 252.246–7006 by— ■ a. Removing from the introductory text ‘‘246.710(3)(i)(B)’’ and adding ‘‘246.710(3)(ii)’’ in its place; ■ b. Removing the clause date ‘‘(JUN 2011)’’ and adding ‘‘(MAR 2016)’’ in its place; ■ c. Revising in paragraph (a) the definitions of ‘‘Issuing agency’’ and ‘‘Starting event’’; and ■ d. Revising paragraph (b). The revision reads as follows: 252.246–7006 Warranty Tracking of Serialized Items. srobinson on DSK5SPTVN1PROD with RULES3 * * * * * (a) * * * Issuing agency means an organization responsible for assigning a globally unique identifier to an enterprise, as indicated in the Register of Issuing Agency Codes for International Standards Organization/International Electrotechnical Commission 15459, located at http://www.aimglobal.org/ ?Reg_Authority15459. * * * * * Starting event means the event or action that initiates the warranty, such as first use or upon installation. * * * * * (b) Reporting of data for warranty tracking and administration. (1) The Contractor shall provide the information required by the attachment entitled ‘‘Warranty Tracking Information’’ on each contract line item number, subline item number, or exhibit line item number for warranted items no later than the time of award. Information required in the warranty attachment shall include such information as duration, fixed expiration, item type, starting event, usage, warranty administrator enterprise identifier, and warranty guarantor enterprise identifier. (2) The Contractor shall provide the following information no later than when the warranted items are presented for receipt and/or acceptance— (i) The unique item identifier for each warranted item required by the attachment entitled ‘‘Warranty Tracking Information;’’ and (ii) The warranty repair source information and instructions for each warranted item required by the attachment entitled ‘‘Source of Repair Instructions.’’ VerDate Sep<11>2014 19:36 Mar 24, 2016 Jkt 238001 (3) The Contractor shall submit the data for warranty tracking to the Contracting Officer with a copy to the requiring activity and the Contracting Officer Representative. (4) For additional information on warranty attachments, see the ‘‘Warranty and Source of Repair’’ training and ‘‘Warranty and Source of Repair Tracking User Guide’’ accessible on the Product Data Reporting and Evaluation Program (PDREP) Web site at https://www.pdrep.csd.disa.mil/ pdrep_files/other/wsr.htm. * * * * * proposed to amend DFARS 217.202(2) and 234.005–1(1) to add ‘‘or initial production’’ to the text, to allow for inclusion of a contract line item (possibly an option) for advanced component development and prototype units to go to initial production without further competition. The rule also proposed to amend DFARS 234.005– 1(2) to extend this authority to September 30, 2019. There were no public comments submitted in response to the proposed rule. There are no changes from the proposed rule made in the final rule. [FR Doc. 2016–06720 Filed 3–24–16; 8:45 am] II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This case does not add any new provisions or clauses or impact any existing provisions or clauses. BILLING CODE 5001–06–P 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) 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 implement a section of the National Defense Authorization Act for Fiscal Year 2015 that 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: Effective March 25, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571–372– 6104. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published a proposed rule in the Federal Register at 80 FR 72671 on November 20, 2015, to revise the DFARS to implement section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113–291, enacted December 19, 2014), which amended paragraphs (a) and (b) of section 819 of the NDAA for FY 2010 (10 U.S.C. 2302 note). The rule PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 has prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: This rule is necessary to implement section 811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 113–291). Section 811 amends paragraphs (a) and (b) of section 819 of the NDAA for FY 2010 (10 U.S.C. 2302 note). The objective of this rule is to provide authority for the inclusion of a contract line item (possibly an option) for advanced component development and prototype units to go to initial production without further competition. There were no significant issues raised by the public in response to the initial regulatory flexibility analysis. E:\FR\FM\25MRR3.SGM 25MRR3 Federal Register / Vol. 81, No. 58 / Friday, March 25, 2016 / Rules and Regulations 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 significant number of small entities. This rule does not impose new recordkeeping or reporting requirements. There are no known significant alternative approaches to the rule that would meet the requirements of the statute. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Parts 217 and 234 Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 217 and 234 are amended as follows: 1. The authority citation for 48 CFR 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 srobinson on DSK5SPTVN1PROD with RULES3 ■ ■ VerDate Sep<11>2014 19:36 Mar 24, 2016 [FR Doc. 2016–06721 Filed 3–24–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212, 219, and 252 [Docket DARS–2015–0044] RIN 0750–AI68 Defense Federal Acquisition Regulation Supplement: Clauses With Alternates—Small Business Programs (DFARS Case 2015–D017) 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 clarify clauses and their prescriptions for small business programs and to create basic and alternate clauses structured in a manner to facilitate use of automated contract writing systems. DATES: Effective March 25, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571–372– 6100. SUMMARY: Government procurement. 217.202 b. In paragraph (2) by removing ‘‘September 30, 2014’’ and adding ‘‘September 30, 2019’’ in its place. ■ Jkt 238001 SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 80 FR 58669 on September 30, 2015, to clarify, in the small business programs’ clause prescriptions, the appropriate use of the basic clause and its alternate clause. This final rule provides the basic clause at 252.219–7003, Small Business Subcontracting Plan (DoD Contracts), in full text as well as the alternate to the basic clause in full text, instead of only reflecting the paragraphs that are different. The clause at DFARS 252.219– 7010, now titled ‘‘Notification of Competition Limited to Eligible 8(a) Concerns—Partnership Agreement’’ is modified to incorporate Federal Acquisition Regulation (FAR) clause 52.219–18 and its two alternates into the existing clause at DFARS 252.219–7010. No public comments were received in response to the proposed rule. Three editorial changes were made to the proposed rule to (1) correct a typographical error, (2) update how the basic clause and alternate clause for PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 17045 252.219–7003 are displayed at 212.301, and (3) spell out the acronym ‘‘eSRS’’ in the DFARS basic and alternate clause 252.219–7003. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not change the prescription for DFAR clause 252.219– 7003, Small Business Subcontracting Plan (DoD Contracts); rather, the rule merely clarifies the use of the clause and the way it is displayed in the regulations. DFARS clause 252.219– 7003 is used in conjunction with FAR clause 52.219–9, Small Business Subcontracting Plan, and applies to solicitations and contracts for commercial items, including commercially available off-the-shelf items. The clause is not applicable to acquisitions valued at or below the simplified acquisition threshold, because the FAR clause is only used in acquisitions expected to exceed $700,000. 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 final rule clarifies: (1) DFARS clause, 252.219–7003, Small Business Subcontracting Plan (DoD Contracts), which has an alternate, and (2) DFARS clause 252.219–7010, now titled ‘‘Notification of Competition Limited to Eligible 8(a) Concerns—Partnership Agreement,’’ which is an alternate to a FAR clause. The basic and alternate clauses will be full, separate clauses for ease of use by the contracting officers. This rule also explains the appropriate E:\FR\FM\25MRR3.SGM 25MRR3

Agencies

[Federal Register Volume 81, Number 58 (Friday, March 25, 2016)]
[Rules and Regulations]
[Pages 17044-17045]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-06721]


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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: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2015 that 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: Effective March 25, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 80 FR 
72671 on November 20, 2015, to revise the DFARS to implement section 
811 of the National Defense Authorization Act (NDAA) for Fiscal Year 
(FY) 2015 (Pub. L. 113-291, enacted December 19, 2014), which amended 
paragraphs (a) and (b) of section 819 of the NDAA for FY 2010 (10 
U.S.C. 2302 note). The rule proposed to amend DFARS 217.202(2) and 
234.005-1(1) to add ``or initial production'' to the text, to allow for 
inclusion of a contract line item (possibly an option) for advanced 
component development and prototype units to go to initial production 
without further competition. The rule also proposed to amend DFARS 
234.005-1(2) to extend this authority to September 30, 2019. There were 
no public comments submitted in response to the proposed rule. There 
are no changes from the proposed rule made in the final rule.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This case does not add any new provisions or clauses or impact any 
existing provisions or clauses.

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 has prepared a Final Regulatory Flexibility Analysis (FRFA) 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:
    This rule is necessary to implement section 811 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015 (Pub. L. 
113-291). Section 811 amends paragraphs (a) and (b) of section 819 of 
the NDAA for FY 2010 (10 U.S.C. 2302 note). The objective of this rule 
is to provide authority for the inclusion of a contract line item 
(possibly an option) for advanced component development and prototype 
units to go to initial production without further competition.
    There were no significant issues raised by the public in response 
to the initial regulatory flexibility analysis.

[[Page 17045]]

    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 significant number of small 
entities.
    This rule does not impose new recordkeeping or reporting 
requirements. There are no known significant alternative approaches to 
the rule that would meet the requirements of the statute.

V. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 217 and 234

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 217 and 234 are amended as follows:

0
1. The authority citation for 48 CFR 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. 2016-06721 Filed 3-24-16; 8:45 am]
 BILLING CODE 5001-06-P