Defense Federal Acquisition Regulation Supplement: Deletion of Supplemental Coverage for the Definition of “Simplified Acquisition Threshold” (DFARS Case 2016-D007), 42556-42557 [2016-15236]

Download as PDF 42556 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations (C) Rounding to the nearest dollar; and (D) Comparing the new amount or range of the penalty with the amount or range in the prior year to ensure the maximum increase is not more than 150 percent of the most recent levels. (ii) The application of the inflation adjustments required by the 2015 Inflation Adjustment Act, 28 U.S.C. 2461 note, results in the following adjusted statutory maximum forfeitures authorized by the Communications Act: U.S. Code citation 47 U.S.C. 202(c) ................... 47 U.S.C. 203(e) .................. 47 47 47 47 47 47 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 205(b) 214(d) 219(b) 220(d) 223(b) 227(e) .................. .................. .................. .................. .................. .................. 47 47 47 47 47 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 362(a) .................. 362(b) .................. 386(a) .................. 386(b) .................. 503(b)(2)(A) ......... 47 U.S.C. 503(b)(2)(B) ......... 47 U.S.C. 503(b)(2)(C) ......... 47 U.S.C. 503(b)(2)(D) ......... 47 U.S.C. 503(b)(2)(F) .......... 47 U.S.C. 507(a) .................. 47 U.S.C. 507(b) .................. 47 U.S.C. 554 ....................... * Maximum penalty after 2015 inflation adjustment act adjustment ($) $11,362 568 11,362 568 22,723 2,272 2,272 11,362 117,742 10,874 32,622 1,087,450 9,468 1,894 9,468 1,894 47,340 473,402 189,361 1,893,610 383,038 3,535,740 18,936 142,021 108,745 1,087,450 1,875 ........................ 275 839 * * * * * * [FR Doc. 2016–14801 Filed 6–29–16; 8:45 am] srobinson on DSK5SPTVN1PROD with RULES BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 202 [Docket DARS–2016–0008] RIN 0750–AI89 Defense Federal Acquisition Regulation Supplement: Deletion of Supplemental Coverage for the Definition of ‘‘Simplified Acquisition Threshold’’ (DFARS Case 2016–D007) 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 delete the supplemental coverage for the definition ‘‘simplified acquisition threshold.’’ Federal Acquisition Regulation (FAR) final rule 2015–020 added to the FAR the simplified acquisition threshold for contracts to be awarded and performed, or purchases to be made, outside the United States in support of a humanitarian or peacekeeping operation. DATES: Effective June 30, 2016. FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060, telephone 571–372–6174. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to delete the supplemental definition for ‘‘simplified acquisition threshold’’ with regard to humanitarian or peacekeeping operations at DFARS part 202. This supplemental definition was included in DFARS when there was no existing coverage in the FAR. The simplified acquisition threshold for humanitarian or peacekeeping operations has been added to the FAR under final rule 2015– 020. There is no need to duplicate the definition in the DFARS; therefore, this rule removes the supplemental definition at DFARS part 202. II. Publication of This Final Rule for Public Comment Is Not Required by Statute 41 U.S.C. 1707, Publication of Proposed Regulations, is the statute that applies to the publication of the Federal Acquisition Regulation (FAR). VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00104 Fmt 4700 Sfmt 4700 Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because the DFARS change to remove a definition that is being elevated to the FAR will not have any cost or administrative impact on contractors or offerors. 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. IV. 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. V. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for public comment. VI. 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 E:\FR\FM\30JNR1.SGM 30JNR1 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 202 Government procurement. Jennifer L. Hawes, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 202 is amended as follows: PART 202—DEFINITIONS OF WORDS AND TERMS 1. The authority citation for 48 CFR part 202 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 202.101 [Amended] 2. Amend section 202.101 by removing the definition of ‘‘Simplified acquisition threshold’’. ■ [FR Doc. 2016–15236 Filed 6–29–16; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 212 and 252 via the Federal eRulemaking portal by entering ‘‘DFARS Case 2016–D014’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2016– D014.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2016– D014’’ on your attached document. Æ Email: osd.dfars@mail.mil. Include DFARS Case 2016–D014 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Mr. Dustin Pitsch, 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: Mr. Dustin Pitsch, telephone 571–372–6090. SUPPLEMENTARY INFORMATION: [Docket DARS–2016–0015] I. Background RIN 0750–AI93 This interim rule revises the DFARS to implement section 892 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L. 114–92). Section 892 amends section 866 of the NDAA for FY 2011 (Pub. L. 111–383) to modify the criteria for use of the pilot program on acquisition of military purpose nondevelopmental items. Section 892 removes the requirements under the program for the use of competitive procedures and for awards to be made to nontraditional defense contractors. Section 892 also increases the threshold for use of the pilot program to contracts up to $100 million. Section 866 was implemented in DFARS rule 2011–D034, Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (77 FR 2653), which allowed for the creation of the pilot program to test whether the streamlined procedures, similar to those available for commercial items, can serve as an effective incentive for nontraditional defense contractors to channel investment and innovation into areas that are useful to DoD and provide items developed exclusively at private expense to meet validated military requirements. The DFARS changes proposed by this rule will allow for Defense Federal Acquisition Regulation Supplement: Pilot Program on Acquisition of Military Purpose Nondevelopmental Items (DFARS Case 2016–D014) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Interim rule. AGENCY: DoD is issuing an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2016 that changes the criteria for the pilot program on acquisition of military purpose nondevelopmental items. DATES: Effective June 30, 2016. Comment date: Comments on the interim rule should be submitted in writing to the address shown below on or before August 29, 2016 to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2016–D014, using any of the following methods: Æ Regulations.gov: http:// www.regulations.gov. Submit comments srobinson on DSK5SPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 20:00 Jun 29, 2016 Jkt 238001 PO 00000 Frm 00105 Fmt 4700 Sfmt 4700 42557 increased opportunities to utilize the pilot program. II. Discussion and Analysis This rule amends DFARS subpart 212.71 by— • Deleting the term ‘‘nontraditional defense contractor’’ and the associated definition; • Removing the requirement that pilot program contracts be awarded using competitive procedures; • Increasing the maximum contract award value threshold for use of the pilot program from $53.5 million to $100 million; and • Revising the prescription for the provision at 252.212–7002 for use only when the pilot program will be used. Conforming changes are made to DFARS provision 252.212–7002, Pilot Program for Acquisition of MilitaryPurpose Nondevelopmental Items, to include removal of the requirement at paragraph (c) for offerors to represent by submission of an offer that the firm is a nontraditional contractor. This rule also makes one editorial change to provide at DFARS 212.7101 the full text of the definitions of ‘‘military-purpose nondevelopmental items’’ and ‘‘nondevelopmental items.’’ III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items DoD does not intend to apply the requirements of section 892 of the NDAA for FY 2016 to contracts at or below the simplified acquisition threshold (SAT) or for the acquisition of commercial items, including commercially available off-the-shelf (COTS) items. A. Applicability to Contracts at or Below the SAT 41 U.S.C. 1905 governs the applicability of laws to contracts or subcontracts in amounts not greater than the simplified acquisition threshold. It is intended to limit the applicability of laws to such contracts or subcontracts. 41 U.S.C. 1905 provides that if a provision of law contains criminal or civil penalties, or if the FAR Council makes a written determination that it is not in the best interest of the Federal Government to exempt contracts or subcontracts at or below the SAT, the law will apply to them. The Director, Defense Procurement and Acquisition Policy (DPAP), is the appropriate authority to make comparable determinations for regulations to be published in the DFARS, which is part of the FAR system of regulations. DoD E:\FR\FM\30JNR1.SGM 30JNR1

Agencies

[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42556-42557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15236]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2016-0008]
RIN 0750-AI89


Defense Federal Acquisition Regulation Supplement: Deletion of 
Supplemental Coverage for the Definition of ``Simplified Acquisition 
Threshold'' (DFARS Case 2016-D007)

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 delete the supplemental 
coverage for the definition ``simplified acquisition threshold.'' 
Federal Acquisition Regulation (FAR) final rule 2015-020 added to the 
FAR the simplified acquisition threshold for contracts to be awarded 
and performed, or purchases to be made, outside the United States in 
support of a humanitarian or peacekeeping operation.

DATES: Effective June 30, 2016.

FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations 
System, Attn: Ms. Julie Hammond, OUSD (AT&L) DPAP/DARS, Room 3B941, 
3060 Defense Pentagon, Washington, DC 20301-3060, telephone 571-372-
6174.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to delete the supplemental definition for 
``simplified acquisition threshold'' with regard to humanitarian or 
peacekeeping operations at DFARS part 202. This supplemental definition 
was included in DFARS when there was no existing coverage in the FAR. 
The simplified acquisition threshold for humanitarian or peacekeeping 
operations has been added to the FAR under final rule 2015-020. There 
is no need to duplicate the definition in the DFARS; therefore, this 
rule removes the supplemental definition at DFARS part 202.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    41 U.S.C. 1707, Publication of Proposed Regulations, is the statute 
that applies to the publication of the Federal Acquisition Regulation 
(FAR). Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it has 
either a significant effect beyond the internal operating procedures of 
the agency issuing the policy, regulation, procedure or form (including 
an amendment or modification thereof) must be published for public 
comment if it has either a significant effect beyond the internal 
operating procedures of the agency issuing the policy, regulation, 
procedure or form, or has a significant cost or administrative impact 
on contractors or offerors. This final rule is not required to be 
published for public comment, because the DFARS change to remove a 
definition that is being elevated to the FAR will not have any cost or 
administrative impact on contractors or offerors.

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.

IV. 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.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

VI. 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

[[Page 42557]]

Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 202

    Government procurement.

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

    Therefore, 48 CFR part 202 is amended as follows:

PART 202--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 202 continues to read as 
follows:

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


202.101  [Amended]

0
2. Amend section 202.101 by removing the definition of ``Simplified 
acquisition threshold''.

[FR Doc. 2016-15236 Filed 6-29-16; 8:45 am]
 BILLING CODE 5001-06-P