Defense Federal Acquisition Regulation Supplement: Contiguous United States (DFARS Case 2016-D005), 78011-78012 [2016-26367]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations
(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.
asabaliauskas on DSK3SPTVN1PROD with RULES
V. 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:
The objective of this final rule is to (1)
ensure that both independent research
and development (IR&D) performers and
their potential DoD customers have
sufficient awareness of each other’s
efforts and (2) provide industry with
feedback on the relevance of proposed
and completed IR&D work.
There were no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
DoD does not expect this final rule to
have a significant economic impact on
a substantial number of small entities,
because DFARS 231.205–18(c)(iii)
applies only to major contractors, which
are defined as those whose covered
segments allocated a total of more than
$11 million in IR&D and bid and
proposal costs to covered contracts
during the preceding fiscal year. The
final rule requires major contractors to
communicate proposed new IR&D
efforts to DoD personnel in a technical
interchange prior to the initiation of
such investments.
This rule impacts existing reporting
and recordkeeping requirements in a
very minor way. Only one element is
being added to the existing reporting
requirement to require major contractors
to include the name of the DoD
employee with which a technical
interchange was held and the date of
such interchange.
There are no known significant
alternatives to the rule. The rule impacts
major contractors and, as such, will
have minimal impact on small entities.
VI. Paperwork Reduction Act
The final rule affects the information
collection requirements at Defense
Federal Acquisition Regulation
Supplement (DFARS) 231.205–18,
currently approved under the Office of
Management and Budget (OMB) Control
Number 0704–0483, entitled
‘‘Independent Research and
VerDate Sep<11>2014
21:31 Nov 03, 2016
Jkt 241001
Development Technical Descriptions,’’
in accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35);
however, the impact of this rule is
negligible. Currently, contractors are
required to (1) report IR&D projects to
DTIC using the DTIC’s online IR&D
database and (2) update these inputs at
least annually and when the project is
completed. This rule merely changes the
web address for submission of this
report and requires major contractors to
include in the report the name of the
DoD Government employee with which
a technical interchange was held and
the date of such interchange.
List of Subjects in 48 CFR Parts 231 and
242
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 231 and 242
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 231 and 242 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 231—CONTRACT COST
PRINCIPLES AND PROCEDURES
2. Amend section 231.205–18 by—
a. Revising paragraph (c)(iii)(C);
b. Redesignating paragraphs (c)(iv)
and (v) as paragraphs (c)(v) and (vi),
respectively; and
■ c. Adding a new paragraph (c)(iv).
The revision and addition read as
follows:
■
■
■
231.205–18 Independent research and
development and bid and proposal costs.
*
*
*
*
*
(c) * * *
(iii) * * *
(C) For annual IR&D costs to be
allowable—
(1) The IR&D projects generating the
costs must be reported to the Defense
Technical Information Center (DTIC)
using the DTIC’s online input form and
instructions at https://
www.defenseinnovation
marketplace.mil/;
(2) The inputs must be updated at
least annually and when the project is
completed;
(3) Copies of the input and updates
must be made available for review by
the cognizant administrative contracting
officer (ACO) and the cognizant Defense
Contract Audit Agency auditor to
support the allowability of the costs;
and
(4) For IR&D projects initiated in the
contractor’s fiscal year 2017 and later, as
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
78011
a prerequisite for the subsequent
determination of allowability, the
contractor shall—
(i) Engage in a technical interchange
with a technical or operational DoD
Government employee before IR&D
costs are generated so that contractor
plans and goals for IR&D projects benefit
from the awareness of and feedback by
a DoD Government employee who is
informed of related ongoing and future
potential interest opportunities. If the
contractor does not have a point of
contact for the technical interchange,
the contractor may contact the Office of
the Assistant Secretary of Defense for
Research and Engineering (OASD R&E).
Contact information for OASD R&E can
be found at https://www.acq.osd.mil/rd/
contacts/; and
(ii) Use the online input form for IR&D
projects reported to DTIC to document
the technical interchange, which
includes the name of the DoD
Government employee and the date the
technical interchange occurred.
(iv) Contractors not meeting the
threshold of a major contractor are
encouraged to use the DTIC online input
form to report IR&D projects to provide
DoD with visibility into the technical
content of the contractors’ IR&D
activities.
*
*
*
*
*
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.771–3
[Amended]
3. In section 242.771–3, amend
paragraph (d) introductory text by
removing ‘‘Director, Defense Research
and Engineering (OUSD(AT&L)DDR&E)’’
and adding ‘‘Office of the Assistant
Secretary of Defense for Research and
Engineering (OASD R&E)’’ in its place.
■
[FR Doc. 2016–26366 Filed 11–3–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 247
[Docket DARS–2016–0036]
RIN 0750–AJ09
Defense Federal Acquisition
Regulation Supplement: Contiguous
United States (DFARS Case 2016–
D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
E:\FR\FM\04NOR6.SGM
04NOR6
78012
ACTION:
Federal Register / Vol. 81, No. 214 / Friday, November 4, 2016 / Rules and Regulations
V. Executive Orders 12866 and 13563
Final rule.
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
remove the acronym for contiguous
United States.
DATES: Effective November 4, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Hammond, telephone 571–372–
6174.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to
remove the acronym for contiguous
United States (CONUS). While the term
‘‘contiguous United States (CONUS)’’ is
defined in Federal Acquisition
Regulation (FAR) 2.101, the acronym is
sometimes misinterpreted as
‘‘continental United States.’’ Spelling
out the acronym in the DFARS will
eliminate any confusion.
II. Discussion and Analysis
DFARS 274.301 is amended to update
the reference to transportation guidance
in DFARS Procedures, Guidance, and
Information and, as a result, remove the
acronym CONUS.
DFARS 274.301–71 is amended to
spell out ‘‘the contiguous United States’’
in lieu of CONUS.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
asabaliauskas on DSK3SPTVN1PROD with RULES
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.
VII. 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).
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 247 is
amended as follows:
The statute that applies to the
publication of the 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 removing
and spelling out the acronym for
‘‘contiguous United States’’.
Jkt 241001
VI. Regulatory Flexibility Act
Government procurement.
IV. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
21:31 Nov 03, 2016
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 247
This case does not add any new
provisions or clauses or impact any
existing provisions or clauses.
VerDate Sep<11>2014
DEPARTMENT OF DEFENSE
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.
PART 247—TRANSPORTATION
1. The authority citation for 48 CFR
part 247 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
247.301
[Amended]
2. In section 247.301, remove the
phrase ‘‘that require shipments to
destinations outside CONUS’’.
■
247.301–71
[Amended]
3. In section 247.301–71, remove
‘‘outside CONUS’’ and add ‘‘outside the
contiguous United States’’ in its place.
■
[FR Doc. 2016–26367 Filed 11–3–16; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
48 CFR Parts 212 and 252
[Docket DARS–2016–0015]
RIN 0750–AI93
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: Final rule.
AGENCY:
DoD is adopting as final, with
changes, 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 for acquisition of military
purpose nondevelopmental items.
DATES: Effective November 4, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published an interim rule in the
Federal Register at 80 FR 42557 on June
30, 2016, to implement section 892 of
the National Defense Authorization
Action (NDAA) for Fiscal Year (FY)
2016 (Pub. L. 114–92). Section 892
removes the requirements under the
pilot 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. Two respondents
submitted public comments in response
to the interim rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments received
and the changes made to the rule as a
result of those comments is provided, as
follows:
A. Summary of Significant Changes
From the Interim Rule
One change is made in the final rule
as a result of a public comment. The
prescription at DFARS 212.7103 for
DFARS provision 252.212–7002, Pilot
Program for Acquisition of MilitaryPurpose Nondevelopmental Items, is
revised to clarify its use in solicitations
E:\FR\FM\04NOR6.SGM
04NOR6
]]>Agencies
[Federal Register Volume 81, Number 214 (Friday, November 4, 2016)]
[Rules and Regulations]
[Pages 78011-78012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26367]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 247
[Docket DARS-2016-0036]
RIN 0750-AJ09
Defense Federal Acquisition Regulation Supplement: Contiguous
United States (DFARS Case 2016-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
[[Page 78012]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove the acronym for
contiguous United States.
DATES: Effective November 4, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Julie Hammond, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to remove the acronym for contiguous
United States (CONUS). While the term ``contiguous United States
(CONUS)'' is defined in Federal Acquisition Regulation (FAR) 2.101, the
acronym is sometimes misinterpreted as ``continental United States.''
Spelling out the acronym in the DFARS will eliminate any confusion.
II. Discussion and Analysis
DFARS 274.301 is amended to update the reference to transportation
guidance in DFARS Procedures, Guidance, and Information and, as a
result, remove the acronym CONUS.
DFARS 274.301-71 is amended to spell out ``the contiguous United
States'' in lieu of CONUS.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This case does not add any new provisions or clauses or impact any
existing provisions or clauses.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the 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
removing and spelling out the acronym for ``contiguous United States''.
V. 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.
VI. 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.
VII. 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 247
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 247 is amended as follows:
PART 247--TRANSPORTATION
0
1. The authority citation for 48 CFR part 247 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
247.301 [Amended]
0
2. In section 247.301, remove the phrase ``that require shipments to
destinations outside CONUS''.
247.301-71 [Amended]
0
3. In section 247.301-71, remove ``outside CONUS'' and add ``outside
the contiguous United States'' in its place.
[FR Doc. 2016-26367 Filed 11-3-16; 8:45 am]
BILLING CODE 5001-06-P
