Defense Federal Acquisition Regulation Supplement: Pilot Program for Streamlining Awards for Innovative Technology Projects (DFARS Case 2016-D016), 59594-59596 [2016-20477]
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules
submitted at Regulations.gov, follow the
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John
Kelly, EPA Region IX, (415) 947–4151,
kelly.johnj@epa.gov.
mstockstill on DSK3G9T082PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us’’
and ‘‘our’’ refer to the EPA. This
proposal addresses the following local
plan, ‘‘Second 10-Year Maintenance
Plan for the Truckee Meadows 8-Hour
Carbon Monoxide Attainment Area,
August 28, 2014,’’ and associated motor
vehicle emissions budgets. In the Rules
and Regulations section of this Federal
Register, we are approving this local
plan in a direct final action without
prior proposal because we believe this
SIP revision is not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: August 15, 2016.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. 2016–20655 Filed 8–29–16; 8:45 am]
BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R03–RCRA–2015–0674; FRL–9951–
50–Region 3]
Maryland: Final Authorization of State
Hazardous Waste Management
Program Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
Maryland has applied to the
United States Environmental Protection
Agency (EPA) for final authorization of
revisions to its hazardous waste
program under the Resource
Conservation and Recovery Act (RCRA).
EPA proposes to grant final
authorization to Maryland. In the Rules
and Regulations section of this Federal
Register, EPA is authorizing the
revisions by a direct final rule. We have
explained the reasons for this
authorization in the preamble to the
direct final rule. Unless EPA receives
written comments that oppose this
authorization during the comment
period, the direct final rule will become
effective on the date it establishes, and
EPA will not take further action on this
proposal.
DATES: Send your written comments by
September 29, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R03–
RCRA–2015–0674, by one of the
following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. Email: pratt.stacie@epa.gov.
3. Mail: Stacie Pratt, Mailcode 3LC50,
Office of State Programs, U.S. EPA
Region III, 1650 Arch Street,
Philadelphia, PA 19103–2029.
4. Hand Delivery: At the previouslylisted EPA Region III address. Such
deliveries are only accepted during
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information.
For further information on how to
submit comments, please see today’s
direct final rule published in the ‘‘Rules
and Regulations’’ section of this Federal
Register.
FOR FURTHER INFORMATION CONTACT:
Stacie Pratt, Mailcode 3LC50, Office of
State Programs, U.S. EPA Region III,
1650 Arch Street, Philadelphia, PA
19103–2029, Phone Number: (215) 814–
5173; email address: pratt.stacie@
epa.gov
SUPPLEMENTARY INFORMATION: In the
Rules and Regulations section of the
SUMMARY:
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Federal Register, EPA is authorizing the
revisions by a direct final rule. EPA did
not make a proposal prior to the direct
final rule because we believe this action
is not controversial and do not expect
comments that oppose it. We have
explained the reasons for this
authorization in the preamble of the
direct final rule. Unless EPA receives
adverse written comments that oppose
this authorization during the comment
period, the direct final rule will become
effective on the date it establishes, and
EPA will not take further action on this
proposal. If EPA receives comments that
oppose this action, we will withdraw
the Direct Final Rule, and it will not
take effect. EPA will then respond to
public comments in a later final rule
based on this proposal and after
consideration of all comments. You may
not have another opportunity for
comment. If you want to comment on
this action, you must do so at this time.
For additional information, please see
the direct final rule published in the
Rules and Regulations section of this
Federal Register.
Dated: August 12, 2016.
Shawn M. Garvin,
Regional Administrator, EPA Region III.
[FR Doc. 2016–20842 Filed 8–29–16; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215, 219, and 235
[Docket DARS–2016–0030]
RIN 0750–AJ03
Defense Federal Acquisition
Regulation Supplement: Pilot Program
for Streamlining Awards for Innovative
Technology Projects (DFARS Case
2016–D016)
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 2016 that provides exceptions from
the certified cost and pricing data
requirements and from the records
examination requirement for certain
awards to small businesses or
nontraditional defense contractors.
DATES: Comments on the proposed rule
should be submitted in writing to the
SUMMARY:
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules
address shown below on or before
October 31, 2016, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2016–D016,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2016–D016’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2016–
D016.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2016–
D016’’ on your attached document.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2016–D016 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
D. Johnson, 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.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with PROPOSALS
I. Background
This rule proposes to revise the
DFARS to implement section 873 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2016 (Pub.
L. 114–92). Section 873 provides an
exception from certified cost and
pricing data requirements for contracts,
subcontracts, or modifications of
contracts or subcontracts valued at less
than $7.5 million awarded to a small
business or nontraditional defense
contractor pursuant to a technical,
merit-based selection procedure (e.g.,
broad agency announcement) or the
Small Business Innovation Research
(SBIR) Program. Section 873 provides
authority to determine that submission
of cost and pricing data should be
required based on past performance of
the specific small business or
nontraditional defense contractor or
analysis of other information specific to
the award. Section 873 also provides an
exception from the records examination
VerDate Sep<11>2014
17:56 Aug 29, 2016
Jkt 238001
requirement at 10 U.S.C. 2313 for
contracts valued at less than $7.5
million awarded to a small business or
nontraditional defense contractor
pursuant to a technical, merit-based
selection procedure (e.g., broad agency
announcement) or the SBIR Program.
Section 873 provides authority to
determine that auditing of records
should be required based on past
performance of the specific small
business or nontraditional defense
contractor or analysis of other
information specific to the award. These
exceptions end on October 1, 2020.
II. Discussion and Analysis
This rule proposes amendments to
DFARS subpart 215.4, subpart 219.2,
and part 235 as summarized in the
following paragraphs:
A. Subpart 215.4, Contract Pricing.
• 215.401, Definitions. This section is
added to provide a definition of
‘‘nontraditional defense contractor,’’
consistent with section 873 of the
NDAA for FY 2016.
• 215.403–1, Prohibition on
Obtaining Certified cost or Pricing Data.
This section is amended to add text
implementing the exception in section
873 from certified cost or pricing data
requirements.
• 215.404–2, Data to Support
Proposal Analysis. This section is
amended to add text implementing the
exception in section 873 from the
records examination requirement.
B. Subpart 219.2, Policies. At section
219.202, Specific Policies, introductory
text is added to provide a cross
reference to refer contracting officers to
the new text in DFARS 215.403–1 and
215.404–2.
C. Part 235, Research and
Development Contracting. Section
235.016, Broad Agency Announcement,
is added to refer contracting officers to
the new text in subpart 215.4.
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
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59595
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. However, an initial regulatory
flexibility analysis has been performed
and is summarized as follows:
This rule proposes to amend the
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement
section 873 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2016 (Pub. L. 114–92). Section
873 provides an exception from certified
cost and pricing data requirements for
contracts, subcontracts, or modifications
of contracts or subcontracts valued at
less than $7.5 million awarded to a
small business or nontraditional defense
contractor pursuant to a technical,
merit-based selection procedure (e.g.,
broad agency announcement) or the
Small Business Innovation Research
Program. Section 873 provides authority
to determine that submission of cost and
pricing data should be required based
on past performance of the specific
small business or nontraditional defense
contractor or analysis of other
information specific to the award.
Section 873 also provides an exception
from the records examination
requirement at 10 U.S.C. 2313 for
contracts valued at less than $7.5
million awarded to a small business or
nontraditional defense contractor
pursuant to a technical, merit-based
selection procedure (e.g., broad agency
announcement) or the Small Business
Innovation Research Program. Section
873 provides authority to determine that
auditing of records should be required
based on past performance of the
specific small business or nontraditional
defense contractor or analysis of other
information specific to the award. These
exceptions end on October 1, 2020.
The objectives of this rule are to
implement statutory exceptions from
certified cost and pricing data
requirements and from the records
examination requirement, thereby
streamlining awards for innovative
technology projects to small businesses
and nontraditional defense contractors.
The legal basis for the rule is section
873 of the NDAA for FY 2016.
The rule will apply to small entities
who receive awards pursuant to a broad
agency announcement or the Small
Business Innovation Research Program.
DoD has awarded such contracts valued
at less than $7.5 million to
approximately 1,120 unique small
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Federal Register / Vol. 81, No. 168 / Tuesday, August 30, 2016 / Proposed Rules
entities per year during the last three
years.
This proposed rule does not include
any new reporting, recordkeeping, or
other compliance requirements for small
businesses. The rule does not duplicate,
overlap, or conflict with any other
Federal rules.
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 2016–D016), 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 Parts 215,
219, and 235
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 215, 219, and
235 are proposed to be amended as
follows:
■ 1. The authority citation for 48 CFR
parts 215, 219, and 235 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 215—CONTRACTING BY
NEGOTIATION
2. Add section 215.401 to read as
follows:
■
215.401
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Nontraditional defense contractor, as
used in this subpart, means an entity
17:56 Aug 29, 2016
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215.403–1 Prohibition on obtaining
certified cost or pricing data (10 U.S.C.
2306a and 41 U.S.C. chapter 35).
(b) Exceptions to certified cost or
pricing data requirements. (i) Follow the
procedures at PGI 215.403–1(b).
(ii)(A) Until October 1, 2020, except
as provided in paragraph (b)(ii)(B) of
this section, the requirement to submit
certified cost or pricing data shall not
apply to contracts, subcontracts, or
modifications of contracts or
subcontracts valued at less than $7.5
million awarded to a small business
concern or nontraditional defense
contractor pursuant to—
(1) A broad agency announcement
containing technical, merit-based
selection criteria (see FAR 35.016(b)(2));
or
(2) The Small Business Innovation
Research Program.
(B) Notwithstanding the exception in
paragraph (b)(ii)(A) of this section, the
head of the contracting activity may
determine that submission of certified
cost or pricing data should be required
based on past performance of the
specific small business or nontraditional
defense contractor, or based on analysis
of other information specific to the
award.
*
*
*
*
*
■ 4. Revise section 215.404–2 to read as
follows:
215.404–2
analysis.
Definitions.
VerDate Sep<11>2014
that is not currently performing and has
not performed any contract or
subcontract for DoD that is subject to
full coverage under the cost accounting
standards prescribed pursuant to 41
U.S.C. 1502 and the regulations
implementing such section, for at least
the 1-year period preceding the
solicitation of sources by DoD for the
procurement (10 U.S.C. 2302(9)).
■ 3. Revise section 215.403–1(b) to read
as follows:
Data to support proposal
(a)(i) Until October 1, 2020, except as
provided in paragraph (a)(ii) of this
PO 00000
Frm 00079
Fmt 4702
Sfmt 9990
section, the requirement for records
examination under 10 U.S.C. 2313(b)
shall not apply to a contract valued at
less than $7.5 million awarded to a
small business concern or
nontraditional defense contractor
pursuant to—
(A) A broad agency announcement
containing technical, merit-based
selection criteria (see FAR 35.016(b)(2));
or
(B) The Small Business Innovation
Research Program.
(ii) Notwithstanding the exception in
paragraph (a)(i) of this section, the head
of the contracting activity may
determine that auditing of records
should be required based on past
performance of the specific small
business or nontraditional defense
contractor, or based on analysis of other
information specific to the award.
(b) See PGI 215.404–2 for guidance on
obtaining field pricing or audit
assistance.
PART 219—SMALL BUSINESS
PROGRAMS
5. Revise section 219.202 to read as
follows:
■
219.202
Specific policies.
See 215.403–1 and 215.404–2 when
contemplating award of a contract,
subcontract, or modification to a small
business or nontraditional defense
contractor, as defined in subpart 215.4.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
6. Add section 235.016 to read as
follows:
■
235.016
Broad agency announcement.
See 215.403–1 and 215.404–2 when
contemplating award of a contract,
subcontract, or modification to a small
business or nontraditional defense
contractor, as defined in subpart 215.4.
[FR Doc. 2016–20477 Filed 8–29–16; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Proposed Rules]
[Pages 59594-59596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20477]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 215, 219, and 235
[Docket DARS-2016-0030]
RIN 0750-AJ03
Defense Federal Acquisition Regulation Supplement: Pilot Program
for Streamlining Awards for Innovative Technology Projects (DFARS Case
2016-D016)
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 2016 that provides exceptions
from the certified cost and pricing data requirements and from the
records examination requirement for certain awards to small businesses
or nontraditional defense contractors.
DATES: Comments on the proposed rule should be submitted in writing to
the
[[Page 59595]]
address shown below on or before October 31, 2016, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2016-D016, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2016-D016''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2016-D016.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2016-D016'' on your attached document.
[cir] Email: osd.dfars@mail.mil. Include DFARS Case 2016-D016 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Jennifer D. Johnson, 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. Jennifer D. Johnson, telephone
571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
This rule proposes to revise the DFARS to implement section 873 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016
(Pub. L. 114-92). Section 873 provides an exception from certified cost
and pricing data requirements for contracts, subcontracts, or
modifications of contracts or subcontracts valued at less than $7.5
million awarded to a small business or nontraditional defense
contractor pursuant to a technical, merit-based selection procedure
(e.g., broad agency announcement) or the Small Business Innovation
Research (SBIR) Program. Section 873 provides authority to determine
that submission of cost and pricing data should be required based on
past performance of the specific small business or nontraditional
defense contractor or analysis of other information specific to the
award. Section 873 also provides an exception from the records
examination requirement at 10 U.S.C. 2313 for contracts valued at less
than $7.5 million awarded to a small business or nontraditional defense
contractor pursuant to a technical, merit-based selection procedure
(e.g., broad agency announcement) or the SBIR Program. Section 873
provides authority to determine that auditing of records should be
required based on past performance of the specific small business or
nontraditional defense contractor or analysis of other information
specific to the award. These exceptions end on October 1, 2020.
II. Discussion and Analysis
This rule proposes amendments to DFARS subpart 215.4, subpart
219.2, and part 235 as summarized in the following paragraphs:
A. Subpart 215.4, Contract Pricing.
215.401, Definitions. This section is added to provide a
definition of ``nontraditional defense contractor,'' consistent with
section 873 of the NDAA for FY 2016.
215.403-1, Prohibition on Obtaining Certified cost or
Pricing Data. This section is amended to add text implementing the
exception in section 873 from certified cost or pricing data
requirements.
215.404-2, Data to Support Proposal Analysis. This section
is amended to add text implementing the exception in section 873 from
the records examination requirement.
B. Subpart 219.2, Policies. At section 219.202, Specific Policies,
introductory text is added to provide a cross reference to refer
contracting officers to the new text in DFARS 215.403-1 and 215.404-2.
C. Part 235, Research and Development Contracting. Section 235.016,
Broad Agency Announcement, is added to refer contracting officers to
the new text in subpart 215.4.
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.
However, an initial regulatory flexibility analysis has been performed
and is summarized as follows:
This rule proposes to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement section 873 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2016 (Pub. L.
114-92). Section 873 provides an exception from certified cost and
pricing data requirements for contracts, subcontracts, or modifications
of contracts or subcontracts valued at less than $7.5 million awarded
to a small business or nontraditional defense contractor pursuant to a
technical, merit-based selection procedure (e.g., broad agency
announcement) or the Small Business Innovation Research Program.
Section 873 provides authority to determine that submission of cost and
pricing data should be required based on past performance of the
specific small business or nontraditional defense contractor or
analysis of other information specific to the award. Section 873 also
provides an exception from the records examination requirement at 10
U.S.C. 2313 for contracts valued at less than $7.5 million awarded to a
small business or nontraditional defense contractor pursuant to a
technical, merit-based selection procedure (e.g., broad agency
announcement) or the Small Business Innovation Research Program.
Section 873 provides authority to determine that auditing of records
should be required based on past performance of the specific small
business or nontraditional defense contractor or analysis of other
information specific to the award. These exceptions end on October 1,
2020.
The objectives of this rule are to implement statutory exceptions
from certified cost and pricing data requirements and from the records
examination requirement, thereby streamlining awards for innovative
technology projects to small businesses and nontraditional defense
contractors. The legal basis for the rule is section 873 of the NDAA
for FY 2016.
The rule will apply to small entities who receive awards pursuant
to a broad agency announcement or the Small Business Innovation
Research Program. DoD has awarded such contracts valued at less than
$7.5 million to approximately 1,120 unique small
[[Page 59596]]
entities per year during the last three years.
This proposed rule does not include any new reporting,
recordkeeping, or other compliance requirements for small businesses.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
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 2016-D016), 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 Parts 215, 219, and 235
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 215, 219, and 235 are proposed to be
amended as follows:
0
1. The authority citation for 48 CFR parts 215, 219, and 235 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
0
2. Add section 215.401 to read as follows:
215.401 Definitions.
Nontraditional defense contractor, as used in this subpart, means
an entity that is not currently performing and has not performed any
contract or subcontract for DoD that is subject to full coverage under
the cost accounting standards prescribed pursuant to 41 U.S.C. 1502 and
the regulations implementing such section, for at least the 1-year
period preceding the solicitation of sources by DoD for the procurement
(10 U.S.C. 2302(9)).
0
3. Revise section 215.403-1(b) to read as follows:
215.403-1 Prohibition on obtaining certified cost or pricing data (10
U.S.C. 2306a and 41 U.S.C. chapter 35).
(b) Exceptions to certified cost or pricing data requirements. (i)
Follow the procedures at PGI 215.403-1(b).
(ii)(A) Until October 1, 2020, except as provided in paragraph
(b)(ii)(B) of this section, the requirement to submit certified cost or
pricing data shall not apply to contracts, subcontracts, or
modifications of contracts or subcontracts valued at less than $7.5
million awarded to a small business concern or nontraditional defense
contractor pursuant to--
(1) A broad agency announcement containing technical, merit-based
selection criteria (see FAR 35.016(b)(2)); or
(2) The Small Business Innovation Research Program.
(B) Notwithstanding the exception in paragraph (b)(ii)(A) of this
section, the head of the contracting activity may determine that
submission of certified cost or pricing data should be required based
on past performance of the specific small business or nontraditional
defense contractor, or based on analysis of other information specific
to the award.
* * * * *
0
4. Revise section 215.404-2 to read as follows:
215.404-2 Data to support proposal analysis.
(a)(i) Until October 1, 2020, except as provided in paragraph
(a)(ii) of this section, the requirement for records examination under
10 U.S.C. 2313(b) shall not apply to a contract valued at less than
$7.5 million awarded to a small business concern or nontraditional
defense contractor pursuant to--
(A) A broad agency announcement containing technical, merit-based
selection criteria (see FAR 35.016(b)(2)); or
(B) The Small Business Innovation Research Program.
(ii) Notwithstanding the exception in paragraph (a)(i) of this
section, the head of the contracting activity may determine that
auditing of records should be required based on past performance of the
specific small business or nontraditional defense contractor, or based
on analysis of other information specific to the award.
(b) See PGI 215.404-2 for guidance on obtaining field pricing or
audit assistance.
PART 219--SMALL BUSINESS PROGRAMS
0
5. Revise section 219.202 to read as follows:
219.202 Specific policies.
See 215.403-1 and 215.404-2 when contemplating award of a contract,
subcontract, or modification to a small business or nontraditional
defense contractor, as defined in subpart 215.4.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
6. Add section 235.016 to read as follows:
235.016 Broad agency announcement.
See 215.403-1 and 215.404-2 when contemplating award of a contract,
subcontract, or modification to a small business or nontraditional
defense contractor, as defined in subpart 215.4.
[FR Doc. 2016-20477 Filed 8-29-16; 8:45 am]
BILLING CODE 5001-06-P
