Defense Federal Acquisition Regulation Supplement: Treatment of Interagency and State and Local Purchases (DFARS Case 2016-D009), 42562-42563 [2016-15249]
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Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
or denying award fees for such period
or for recovering all or part of award
fees previously paid for such period.
(e) Rule of construction. The duty of
the Contractor to comply with the
requirements of this clause shall not be
reduced or diminished by the failure of
a higher- or lower-tier Contractor or
subcontractor to comply with the clause
requirements or by a failure of the
contracting activity to provide required
oversight.
*
*
*
*
*
[FR Doc. 2016–15247 Filed 6–29–16; 8:45 am]
BILLING CODE 5001–06–P
II. Discussion and Analysis
There are no changes from the
proposed rule made in the final rule.
The one respondent that submitted a
comment fully supported the proposed
rule.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
[Docket DARS–2016–0007]
RIN 0750–AI88
Defense Federal Acquisition
Regulation Supplement: Treatment of
Interagency and State and Local
Purchases (DFARS Case 2016–D009)
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 2016 that is entitled
‘‘Treatment of Interagency and State and
Local Purchases.’’ This section provides
that contracts executed by DoD as a
result of the transfer of contracts from
the General Services Administration or
for which DoD serves as an item
manager for products on behalf of the
General Services Administration shall
not be subject to certain domestic source
restrictions, to the extent that such
contracts are for the purchase of
products by other Federal agencies or
State or local governments.
DATES: Effective June 30, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with RULES
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 81 FR 17053 on
March 25, 2016, to implement section
897 of the National Defense
Authorization Act for Fiscal Year 2016
(Pub. L. 114–92). Section 897 provides
VerDate Sep<11>2014
20:00 Jun 29, 2016
Jkt 238001
that contracts executed by DoD as a
result of the transfer of contracts from
the General Services Administration or
for which DoD serves as an item
manager for products on behalf of the
General Services Administration shall
not be subject to the requirements under
10 U.S.C. chapter 148 (National Defense
Technology and Industrial Base,
Defense Investment, and Defense
Conversion), to the extent that such
contracts are for the purchase of
products by other Federal agencies or
State or local governments. One
respondent submitted public comments
in response to the proposed rule.
III. 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.
IV. 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.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This rule implements section 897 of
the National Defense Authorization Act
for Fiscal Year 2016. The objective of
this rule is to eliminate the domestic
source restrictions of 10 U.S.C. chapter
148 when contracts executed by DoD as
a result of the transfer of contracts from
the General Services Administration or
PO 00000
Frm 00110
Fmt 4700
Sfmt 4700
for which DoD serves as an item
manager for products on behalf of the
General Services Administration, to the
extent that such contracts are for the
purchase of products by other Federal
agencies or State or local governments.
There were no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
DoD does not anticipate frequent
application of this rule. The rule
removes the domestic source restriction
for the specified items in the specified
circumstances. In the rare instance in
which the circumstances of the statute
apply, it is possible that an item could
be acquired from a foreign source, rather
than a domestic source, which could
potentially be a small business. It is not
possible to estimate the number of small
entities that may be affected, because it
is unknown the extent to which the
given circumstances may occur.
There are no projected reporting,
recordkeeping, or other compliance
requirements.
DoD has not identified any
alternatives that would minimize any
economic impact on small entities and
still meet the requirements of the
statute.
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
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 225.7002–2 by
adding paragraph (o) to read as follows:
■
225.7002–2
*
Exceptions.
*
*
*
*
(o) Acquisitions that are interagency,
State, or local purchases that are
executed by DoD as a result of the
transfer of contracts from the General
Services Administration or for which
DoD serves as an item manager for
products on behalf of the General
Services Administration. According to
section 897 of the National Defense
E:\FR\FM\30JNR1.SGM
30JNR1
Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
Authorization Act for Fiscal Year 2016
(Pub. L. 114–92), such contracts shall
not be subject to requirements under
chapter 148 of title 10, United States
Code (including 10 U.S.C. 2533a), to the
extent such contracts are for purchases
of products by other Federal agencies or
State or local governments.
[FR Doc. 2016–15249 Filed 6–29–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2016–0022]
RIN 0750–AI98
Defense Federal Acquisition
Regulation Supplement: New
Designated Country—Ukraine (DFARS
Case 2016–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
Ukraine as a new designated country
under the World Trade Organization
Government Procurement Agreement.
SUMMARY:
DATES:
Effective June 30, 2016.
Mr.
Christopher Stiller, telephone 571–372–
6176.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
srobinson on DSK5SPTVN1PROD with RULES
I. Background
On November 11, 2015, the World
Trade Organization (WTO) Committee
on Government Procurement approved
the accession of Ukraine to the WTO
Government Procurement Agreement
(GPA). Ukraine submitted its instrument
of accession to the Secretary General of
the WTO on April 18, 2016. The GPA
entered into force for Ukraine on May
18, 2016. The United States, which is
also a party to the GPA, has agreed to
waive discriminatory purchasing
requirements for eligible products and
suppliers of Ukraine beginning on May
18, 2016. Therefore, this rule adds
Ukraine to the list of WTO GPA
countries wherever it appears in the
DFARS, as part of the definition of
‘‘designated country’’.
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20:00 Jun 29, 2016
Jkt 238001
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only updates the list of
designated countries in the DFARS by
adding the newly designated country of
Ukraine. The definition of ‘‘designated
country’’ is updated in each of the
following clauses; however, this
revision does not impact the clause
prescriptions for use, or applicability at
or below the simplified acquisition
threshold, or applicability to
commercial items. The clauses are:
DFARS 252.225–7017, Photovoltaic
Devices; DFARS 252.225–7021, Trade
Agreements; and DFARS 252.225–7045,
Balance of Payments Program—
Construction Material Under Trade
Agreements.
III. Publication of This Final Rule for
Public Comment is not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is 41 U.S.C. 1707
entitled ‘‘Publication of Proposed
Regulations.’’ 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 relates to the
expenditure of appropriated funds, and
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 it is just updating the
lists of designated countries in order to
reflect that Ukraine is now a member of
the WTO GPA. These requirements
affect only the internal operating
procedures of the Government.
IV. 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
PO 00000
Frm 00111
Fmt 4700
Sfmt 4700
42563
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
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
This rule affects the information
collection requirements in the
provisions at DFARS 252.225–7020,
Trade Agreements Certificate, and
252.225–7018, Photovoltaic Devices—
Certificate, currently approved under
OMB Control Number 0704–0229,
entitled ‘‘Defense Federal Acquisition
Regulation Supplement Part 225,
Foreign Acquisition, and related
clauses,’’ in accordance with the
Paperwork Reduction Act (44 U.S.C.
chapter 35). The impact, however, is
negligible, because the rule only affects
the response of an offeror that is offering
a product of Ukraine in an acquisition
that exceeds $191,000. In 252.225–7018,
the offeror of a product from Ukraine
must now check a box at (d)(6)(i) of the
provision. However, the offeror no
longer needs to list a product from
Ukraine under ‘‘other end products’’ at
252.225–7020(c)(2), because Ukraine is
now a designated country.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.225–7017
[Amended]
2. Amend section 252.225–7017 by—
a. Removing the clause date of ‘‘(JAN
2016)’’ and adding ‘‘(JUN 2016)’’ in its
place; and
■ b. In paragraph (a), in the definition of
‘‘designated country’’ in paragraph (i),
adding, in alphabetical order, the
country of ‘‘Ukraine’’.
■
■
252.225–7021
■
[Amended]
3. Amend section 252.225–7021 by—
E:\FR\FM\30JNR1.SGM
30JNR1
]]>Agencies
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)]
[Rules and Regulations]
[Pages 42562-42563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15249]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
[Docket DARS-2016-0007]
RIN 0750-AI88
Defense Federal Acquisition Regulation Supplement: Treatment of
Interagency and State and Local Purchases (DFARS Case 2016-D009)
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 2016 that is
entitled ``Treatment of Interagency and State and Local Purchases.''
This section provides that contracts executed by DoD as a result of the
transfer of contracts from the General Services Administration or for
which DoD serves as an item manager for products on behalf of the
General Services Administration shall not be subject to certain
domestic source restrictions, to the extent that such contracts are for
the purchase of products by other Federal agencies or State or local
governments.
DATES: Effective June 30, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 81 FR
17053 on March 25, 2016, to implement section 897 of the National
Defense Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
Section 897 provides that contracts executed by DoD as a result of the
transfer of contracts from the General Services Administration or for
which DoD serves as an item manager for products on behalf of the
General Services Administration shall not be subject to the
requirements under 10 U.S.C. chapter 148 (National Defense Technology
and Industrial Base, Defense Investment, and Defense Conversion), to
the extent that such contracts are for the purchase of products by
other Federal agencies or State or local governments. One respondent
submitted public comments in response to the proposed rule.
II. Discussion and Analysis
There are no changes from the proposed rule made in the final rule.
The one respondent that submitted a comment fully supported the
proposed rule.
III. 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.
IV. 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.
V. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This rule implements section 897 of the National Defense
Authorization Act for Fiscal Year 2016. The objective of this rule is
to eliminate the domestic source restrictions of 10 U.S.C. chapter 148
when contracts executed by DoD as a result of the transfer of contracts
from the General Services Administration or for which DoD serves as an
item manager for products on behalf of the General Services
Administration, to the extent that such contracts are for the purchase
of products by other Federal agencies or State or local governments.
There were no significant issues raised by the public in response
to the initial regulatory flexibility analysis.
DoD does not anticipate frequent application of this rule. The rule
removes the domestic source restriction for the specified items in the
specified circumstances. In the rare instance in which the
circumstances of the statute apply, it is possible that an item could
be acquired from a foreign source, rather than a domestic source, which
could potentially be a small business. It is not possible to estimate
the number of small entities that may be affected, because it is
unknown the extent to which the given circumstances may occur.
There are no projected reporting, recordkeeping, or other
compliance requirements.
DoD has not identified any alternatives that would minimize any
economic impact on small entities and still meet the requirements of
the statute.
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 Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR part 225 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 225.7002-2 by adding paragraph (o) to read as follows:
225.7002-2 Exceptions.
* * * * *
(o) Acquisitions that are interagency, State, or local purchases
that are executed by DoD as a result of the transfer of contracts from
the General Services Administration or for which DoD serves as an item
manager for products on behalf of the General Services Administration.
According to section 897 of the National Defense
[[Page 42563]]
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), such contracts
shall not be subject to requirements under chapter 148 of title 10,
United States Code (including 10 U.S.C. 2533a), to the extent such
contracts are for purchases of products by other Federal agencies or
State or local governments.
[FR Doc. 2016-15249 Filed 6-29-16; 8:45 am]
BILLING CODE 5001-06-P
