Defense Federal Acquisition Regulation Supplement: Competition for Religious-Related Services Contracts (DFARS Case 2016-D015), 16001-16003 [2018-07731]
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Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
were no public comments submitted in
response to the proposed rule.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
II. Discussion and Analysis
There are no changes made in the
final rule from the proposed rule.
48 CFR Parts 212, 213, 219, 237, and
252
[Docket DARS–2016–0034]
RIN 0750–AJ06
Defense Federal Acquisition
Regulation Supplement: Competition
for Religious-Related Services
Contracts (DFARS Case 2016–D015)
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, clarifying the
competition requirements for the
acquisition of religious-related services
contracts on a United States military
installation.
SUMMARY:
DATES:
Effective April 13, 2018.
Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
daltland on DSKBBV9HB2PROD with RULES
I. Background
DoD published a proposed rule in the
Federal Register at 81 FR 93875 on
December 22, 2016, recommending
revisions to the DFARS to implement
section 898 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2016 (Pub. L. 114–92). Section
898 requires that DoD not preclude a
nonprofit organization from competing
for a contract for religious-related
services on a United States military
installation. The proposed revisions set
forth policy and procedures that allow
nonprofit organizations to participate in
small business set-asides and directed
contracting officers not to use the sole
source authorities at FAR 6.302–5(b)(4)
through (7) when acquiring religiousrelated services on a United States
military installation. The proposed rule
also contained a new provision to
ensure that potential offerors are aware
that a nonprofit organization will not be
precluded from competing for a contract
for religious-related services under a
small business set-aside,
notwithstanding that it is not one of the
small business types identified in FAR
19.000(a)(3).
The comment period for the proposed
rule closed on February 21, 2017. There
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III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule applies the requirements of
section 898 of the NDAA for FY 2016 to
contracts at or below the simplified
acquisition threshold (SAT), and to
contracts for the acquisition of
commercial items. The rule is not
applicable to the contracts for the
acquisition of commercially available
off-the-shelf (COTS) items. Accordingly,
the Director, DPAP, has signed a
determination and finding to apply this
rule to contracts or subcontracts in
amounts not greater than the SAT and
the acquisition of commercial items,
excluding COTS items, for DFARS
clause 252.219–7012, Competition for
Religious-Related Services.
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 a 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. Executive Order 13771
This rule is not subject to E.O. 13771
(82 FR 9339, February 3, 2017), because
this rule is not a significant regulatory
action.
VI. 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:
The objective of this final is to
implement section 898 of the National
Defense Authorization Act for Fiscal
Year 2016. The rule does so by
amending the DFARS to establish the
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Fmt 4700
Sfmt 4700
16001
policy and procedures necessary to
ensure nonprofit entities, such as
religious organizations, are not
precluded from participating in
acquisitions for religious related
services on U.S. military installations.
There were no public comments
received in response to the initial
regulatory flexibility analysis.
This rule may have a significant
economic impact on a substantial
number of small businesses that
typically compete for contracts for the
covered services, since most of the
contracts awarded for religious-related
services fall within the dollar range
reserved exclusively for small business
participation (over the micro-purchase
threshold, but no more than the
simplified acquisition threshold (SAT)).
The rule may also have a significant
economic impact on nonprofit
organizations, since these entities are
normally precluded from competing for
such acquisitions that are reserved for
small business concerns. However, the
impact is also bounded as this is a small
sector in terms of the numbers of
purchase orders DoD awards in a year
for these requirements, and the dollar
value of these orders is relatively low.
According to data obtained from the
Federal Procurement Data System
(FPDS) for FY 2015, DoD awarded 290
contracts to 232 unique businesses for
religious-related services under the
product services code for Chaplain
Services (G002), the majority of which
(95 percent) are valued below the SAT.
Of those 290 contracts, approximately
160 contracts were awarded to 130
unique small business concerns (56
percent). The FPDS data further
indicates that of the 160 contracts
awarded to small business, 137 of the
contracts were awarded on the basis of
a total small business set-aside,
including one total set-aside to womenowned small business concerns. In
addition, in order to carry out the
Congressional mandate of section 898,
this rule restricts the use of the sole
source authorities at FAR 6.302–5(b)(4)
through (7) when contracting for
religious-related services on U.S.
military installations; as a result, such
solicitations would have to be competed
in a manner that allows nonprofit
organizations to participate. Analysis of
FPDS data for FY 2015 reveals that four
contracts were awarded to a HUBZone
small business concern on a sole source
basis.
Additional FPDS data was obtained
for FY 2016, which showed DoD
awarded 256 contracts to 212 unique
businesses for religious-related services
under product service code G002, of
which the majority (91 percent) were
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13APR1
16002
Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
valued below the SAT. Of those 256
contracts, 158 contracts (62 percent)
were awarded to 130 unique small
business concerns (63 percent). 116
contracts were solicited using a total
small business set-aside. Again, as a
result of this rule, such solicitations
could not preclude a nonprofit
organization from submitting an offer
and being considered for award. Six
contracts were awarded on a sole source
basis under the Small Business Act 8(a)
Business Development Program (8(a)
Program); however, this rule restricts
DoD contracting officers from using the
sole source authority at FAR 6.302–
5(b)(4) for the 8(a) Program to procure
religious-related services to be
performed on a U.S. military
installation. In order to comply with
section 898, any requirements currently
in the 8(a) program would be required,
upon renewal, to be solicited in a
manner that does not preclude a
nonprofit organization from the
competition.
There are no reporting, recordkeeping,
or compliance requirements associated
with this rule.
There are no significant alternative
approaches to the rule that would
minimize the impact on small entities
and meet the stated objectives of the
statute.
VII. Paperwork Reduction Act
(f) * * *
(vii) * * *
(D) Use the provision at 252.219–
7012, Competition for Religious-Related
Services, as prescribed in 219.270–3.
*
*
*
*
*
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
3. Amend section 213.7001 by—
a. Redesignating paragraphs (a)(1) and
(2) as paragraphs (a)(1)(i) and (ii),
respectively;
■ b. Redesignating the introductory text
as paragraph (a)(1);
■ c. Redesignating paragraph (b) as
paragraph (a)(2); and
■ d. Adding a new paragraph (b).
The addition reads as follows:
■
■
213.7001
Procedures.
*
*
*
*
*
(b) To comply with section 898 of the
National Defense Authorization Act for
Fiscal Year 2016 (Pub. L. 114–92),
contracting officers shall not use the
sole source authority at FAR 6.302–
5(b)(4) to purchase religious-related
services to be performed on a U.S.
military installation. For competitive
purchases under the 8(a) program,
contracting officers shall not exclude a
nonprofit organization from the
competition. See 219.270 for additional
procedures.
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).
PART 219—SMALL BUSINESS
PROGRAMS
List of Subjects in 48 CFR Parts 212,
213, 219, 237, and 252
219.270 Religious-related services—
inclusion of nonprofit organizations.
Government procurement.
219.270–1
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 212, 213, 219,
237, and 252 are amended as follows:
■ 1. The authority citation for parts 212,
213, 219, 237, and 252 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
daltland on DSKBBV9HB2PROD with RULES
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 212.301 by adding
new paragraph (f)(vii)(D) to read as
follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
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*
*
16:22 Apr 12, 2018
Jkt 244001
4. Add sections 219.270, 219.270–1,
219.270–2, and 219.270–3 to subpart
219.2 to read as follows:
■
Definition.
As used in this section—
Nonprofit organization means any
organization that is—
(1) Described in section 501(c) of the
Internal Revenue Code of 1986; and
(2) Exempt from tax under section
501(a) of that Code.
219.270–2
Procedures.
(a) To comply with section 898 of the
National Defense Authorization Act for
Fiscal Year 2016 (Pub. L. 114–92), when
acquiring religious-related services to be
performed on a U.S. military
installation—
(1) Do not preclude a nonprofit
organization from competing, even
when the acquisition is set aside for
small businesses as identified in FAR
19.000(a)(3); and
(2) Do not use any of the sole source
exceptions at FAR 6.302–5(b)(4) through
(7) for such acquisitions.
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Fmt 4700
Sfmt 4700
(b) If the apparently successful offeror
has not represented in its quotation or
offer that it is one of the small business
concerns identified in FAR 19.000(a)(3),
the contracting officer shall verify that
the offeror is registered in the System
for Award Management database as a
nonprofit organization.
219.270–3
Solicitation provision.
Use the provision 252.219–7012,
Competition for Religious-Related
Services, in solicitations, including
solicitations using FAR part 12
procedures for the acquisition of
commercial items, for the acquisition of
religious-related services to be
performed on U.S. military installations,
when the acquisition is set aside for any
of the small business concerns
identified in FAR 19.000(a)(3).
PART 237—SERVICE CONTRACTING
5. Add new subpart 237.77 to read as
follows:
■
Subpart 237.77—Competition for ReligiousRelated Services
Sec.
237.7700
237.7701
237.7702
Scope of subpart.
Definition.
Policy.
Subpart 237.77—Competition for
Religious-Related Services
237.7700
Scope of subpart.
This subpart provides policy and
guidance for the acquisition of religiousrelated services to be performed on a
U.S. military installation in accordance
with section 898 of the National Defense
Authorization Act for Fiscal Year 2016
(Pub. L. 114–92).
237.7701
Definition.
As used in this subpart—
Nonprofit organization means any
organization that is—
(1) Described in section 501(c) of the
Internal Revenue Code of 1986; and
(2) Exempt from tax under section
501(a) of that Code.
237.7702
Policy.
(a) A nonprofit organization shall not
be precluded from competing for a
contract for religious-related services to
be performed on a U.S. military
installation.
(b) See 219.270 when an acquisition
for religious-related services to be
performed on a U.S. military installation
is set aside for any of the small business
concerns identified in FAR 19.000(a)(3).
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13APR1
Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
6. Add section 252.219–7012 to read
as follows:
■
252.219–7012 Competition for ReligiousRelated Services.
As prescribed in 219.270–3, use the
following provision:
Competition for Religious-Related
Services (APR 2018)
(a) Definition. As used in this provision—
Nonprofit organization means any
organization that is—
(1) Described in section 501(c) of the
Internal Revenue Code of 1986; and
(2) Exempt from tax under section 501(a)
of that Code.
(b) A nonprofit organization is not
precluded from competing for a contract for
religious-related services to be performed on
a U.S. military installation notwithstanding
that a nonprofit organization is not a small
business concern as identified in FAR
19.000(a)(3).
(c) If the apparently successful offeror has
not represented in its offer or quotation that
it is a small business concern identified in
FAR 19.000(a)(3), as appropriate to the
solicitation, the Contracting Officer will
verify that the offeror is registered in the
System for Award Management (SAM)
database as a nonprofit organization.
(End of provision)
[FR Doc. 2018–07731 Filed 4–12–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
[Docket DARS–2018–D007]
RIN 0750–AJ38
Defense Federal Acquisition
Regulation Supplement: Safe Access
to Projects in Afghanistan (DFARS
Case 2017–D032)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to implement a
section of the National Defense
Authorization Act for Fiscal Year 2017
that prohibits use of funds for certain
programs and projects of the
Department of Defense in Afghanistan
that cannot be safely accessed by United
States Government personnel.
DATES: Effective April 13, 2018.
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:22 Apr 12, 2018
Jkt 244001
Ms. Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to
implement section 1216 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2017 (Pub. L. 114–328).
Section 1216 requires that funding
amounts available to the Department of
Defense may not be obligated or
expended for a construction or other
infrastructure program or project of the
Department in Afghanistan if military or
civilian personnel of the United States
Government, or their representatives
with authority to conduct oversight of
such program or project, cannot safely
access such program or project. The
prohibition may be waived with an
approved determination.
II. Discussion and Analysis
To implement section 1216, this rule
adds a new DFARS section 225.7705,
Prohibition on use of funds for contracts
of certain programs and projects in
Afghanistan that cannot be safely
accessed. The procedures provided in
this new section are strictly internal to
the Government, in that they instruct
the contracting officer to not obligate
funds on the covered contracts, unless
(1) Government personnel can safely
access the project, or (2) a determination
is approved by the appropriate authority
to waive this restriction, as outlined in
the statute.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule does not add any new
burdens or impact applicability of
clauses and provisions at or below the
simplified acquisition threshold, or to
acquisition of commercial items.
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 a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
PO 00000
Frm 00059
Fmt 4700
Sfmt 4700
16003
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. Executive Order 13771
This rule is not subject to E.O. 13771,
Reducing Regulation and Controlling
Regulatory Costs, because the rule
relates to agency organization,
management, or personnel.
VI. 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 is codified at Title 41 of the
United States Code (formerly known as
the Office of Federal Procurement
Policy Act). Specifically, 41 U.S.C
1707(a)(1) 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 only provides
procedures for United States
Government personnel to follow for
certain programs and projects in
Afghanistan that cannot be safely
accessed. These requirements affect
only the internal operating procedures
of the Government.
VII. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section VI. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VIII. 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).
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16001-16003]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07731]
[[Page 16001]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 213, 219, 237, and 252
[Docket DARS-2016-0034]
RIN 0750-AJ06
Defense Federal Acquisition Regulation Supplement: Competition
for Religious-Related Services Contracts (DFARS Case 2016-D015)
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, clarifying the
competition requirements for the acquisition of religious-related
services contracts on a United States military installation.
DATES: Effective April 13, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 81 FR
93875 on December 22, 2016, recommending revisions to the DFARS to
implement section 898 of the National Defense Authorization Act (NDAA)
for Fiscal Year (FY) 2016 (Pub. L. 114-92). Section 898 requires that
DoD not preclude a nonprofit organization from competing for a contract
for religious-related services on a United States military
installation. The proposed revisions set forth policy and procedures
that allow nonprofit organizations to participate in small business
set-asides and directed contracting officers not to use the sole source
authorities at FAR 6.302-5(b)(4) through (7) when acquiring religious-
related services on a United States military installation. The proposed
rule also contained a new provision to ensure that potential offerors
are aware that a nonprofit organization will not be precluded from
competing for a contract for religious-related services under a small
business set-aside, notwithstanding that it is not one of the small
business types identified in FAR 19.000(a)(3).
The comment period for the proposed rule closed on February 21,
2017. There were no public comments submitted in response to the
proposed rule.
II. Discussion and Analysis
There are no changes made in the final rule from 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 rule applies the requirements of section 898 of the NDAA for
FY 2016 to contracts at or below the simplified acquisition threshold
(SAT), and to contracts for the acquisition of commercial items. The
rule is not applicable to the contracts for the acquisition of
commercially available off-the-shelf (COTS) items. Accordingly, the
Director, DPAP, has signed a determination and finding to apply this
rule to contracts or subcontracts in amounts not greater than the SAT
and the acquisition of commercial items, excluding COTS items, for
DFARS clause 252.219-7012, Competition for Religious-Related Services.
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 a 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. Executive Order 13771
This rule is not subject to E.O. 13771 (82 FR 9339, February 3,
2017), because this rule is not a significant regulatory action.
VI. 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:
The objective of this final is to implement section 898 of the
National Defense Authorization Act for Fiscal Year 2016. The rule does
so by amending the DFARS to establish the policy and procedures
necessary to ensure nonprofit entities, such as religious
organizations, are not precluded from participating in acquisitions for
religious related services on U.S. military installations. There were
no public comments received in response to the initial regulatory
flexibility analysis.
This rule may have a significant economic impact on a substantial
number of small businesses that typically compete for contracts for the
covered services, since most of the contracts awarded for religious-
related services fall within the dollar range reserved exclusively for
small business participation (over the micro-purchase threshold, but no
more than the simplified acquisition threshold (SAT)). The rule may
also have a significant economic impact on nonprofit organizations,
since these entities are normally precluded from competing for such
acquisitions that are reserved for small business concerns. However,
the impact is also bounded as this is a small sector in terms of the
numbers of purchase orders DoD awards in a year for these requirements,
and the dollar value of these orders is relatively low.
According to data obtained from the Federal Procurement Data System
(FPDS) for FY 2015, DoD awarded 290 contracts to 232 unique businesses
for religious-related services under the product services code for
Chaplain Services (G002), the majority of which (95 percent) are valued
below the SAT. Of those 290 contracts, approximately 160 contracts were
awarded to 130 unique small business concerns (56 percent). The FPDS
data further indicates that of the 160 contracts awarded to small
business, 137 of the contracts were awarded on the basis of a total
small business set-aside, including one total set-aside to women-owned
small business concerns. In addition, in order to carry out the
Congressional mandate of section 898, this rule restricts the use of
the sole source authorities at FAR 6.302-5(b)(4) through (7) when
contracting for religious-related services on U.S. military
installations; as a result, such solicitations would have to be
competed in a manner that allows nonprofit organizations to
participate. Analysis of FPDS data for FY 2015 reveals that four
contracts were awarded to a HUBZone small business concern on a sole
source basis.
Additional FPDS data was obtained for FY 2016, which showed DoD
awarded 256 contracts to 212 unique businesses for religious-related
services under product service code G002, of which the majority (91
percent) were
[[Page 16002]]
valued below the SAT. Of those 256 contracts, 158 contracts (62
percent) were awarded to 130 unique small business concerns (63
percent). 116 contracts were solicited using a total small business
set-aside. Again, as a result of this rule, such solicitations could
not preclude a nonprofit organization from submitting an offer and
being considered for award. Six contracts were awarded on a sole source
basis under the Small Business Act 8(a) Business Development Program
(8(a) Program); however, this rule restricts DoD contracting officers
from using the sole source authority at FAR 6.302-5(b)(4) for the 8(a)
Program to procure religious-related services to be performed on a U.S.
military installation. In order to comply with section 898, any
requirements currently in the 8(a) program would be required, upon
renewal, to be solicited in a manner that does not preclude a nonprofit
organization from the competition.
There are no reporting, recordkeeping, or compliance requirements
associated with this rule.
There are no significant alternative approaches to the rule that
would minimize the impact on small entities and meet the stated
objectives of the statute.
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 Parts 212, 213, 219, 237, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 213, 219, 237, and 252 are amended as
follows:
0
1. The authority citation for parts 212, 213, 219, 237, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Amend section 212.301 by adding new paragraph (f)(vii)(D) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(f) * * *
(vii) * * *
(D) Use the provision at 252.219-7012, Competition for Religious-
Related Services, as prescribed in 219.270-3.
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
3. Amend section 213.7001 by--
0
a. Redesignating paragraphs (a)(1) and (2) as paragraphs (a)(1)(i) and
(ii), respectively;
0
b. Redesignating the introductory text as paragraph (a)(1);
0
c. Redesignating paragraph (b) as paragraph (a)(2); and
0
d. Adding a new paragraph (b).
The addition reads as follows:
213.7001 Procedures.
* * * * *
(b) To comply with section 898 of the National Defense
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), contracting
officers shall not use the sole source authority at FAR 6.302-5(b)(4)
to purchase religious-related services to be performed on a U.S.
military installation. For competitive purchases under the 8(a)
program, contracting officers shall not exclude a nonprofit
organization from the competition. See 219.270 for additional
procedures.
PART 219--SMALL BUSINESS PROGRAMS
0
4. Add sections 219.270, 219.270-1, 219.270-2, and 219.270-3 to subpart
219.2 to read as follows:
219.270 Religious-related services--inclusion of nonprofit
organizations.
219.270-1 Definition.
As used in this section--
Nonprofit organization means any organization that is--
(1) Described in section 501(c) of the Internal Revenue Code of
1986; and
(2) Exempt from tax under section 501(a) of that Code.
219.270-2 Procedures.
(a) To comply with section 898 of the National Defense
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92), when acquiring
religious-related services to be performed on a U.S. military
installation--
(1) Do not preclude a nonprofit organization from competing, even
when the acquisition is set aside for small businesses as identified in
FAR 19.000(a)(3); and
(2) Do not use any of the sole source exceptions at FAR 6.302-
5(b)(4) through (7) for such acquisitions.
(b) If the apparently successful offeror has not represented in its
quotation or offer that it is one of the small business concerns
identified in FAR 19.000(a)(3), the contracting officer shall verify
that the offeror is registered in the System for Award Management
database as a nonprofit organization.
219.270-3 Solicitation provision.
Use the provision 252.219-7012, Competition for Religious-Related
Services, in solicitations, including solicitations using FAR part 12
procedures for the acquisition of commercial items, for the acquisition
of religious-related services to be performed on U.S. military
installations, when the acquisition is set aside for any of the small
business concerns identified in FAR 19.000(a)(3).
PART 237--SERVICE CONTRACTING
0
5. Add new subpart 237.77 to read as follows:
Subpart 237.77--Competition for Religious-Related Services
Sec.
237.7700 Scope of subpart.
237.7701 Definition.
237.7702 Policy.
Subpart 237.77--Competition for Religious-Related Services
237.7700 Scope of subpart.
This subpart provides policy and guidance for the acquisition of
religious-related services to be performed on a U.S. military
installation in accordance with section 898 of the National Defense
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92).
237.7701 Definition.
As used in this subpart--
Nonprofit organization means any organization that is--
(1) Described in section 501(c) of the Internal Revenue Code of
1986; and
(2) Exempt from tax under section 501(a) of that Code.
237.7702 Policy.
(a) A nonprofit organization shall not be precluded from competing
for a contract for religious-related services to be performed on a U.S.
military installation.
(b) See 219.270 when an acquisition for religious-related services
to be performed on a U.S. military installation is set aside for any of
the small business concerns identified in FAR 19.000(a)(3).
[[Page 16003]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Add section 252.219-7012 to read as follows:
252.219-7012 Competition for Religious-Related Services.
As prescribed in 219.270-3, use the following provision:
Competition for Religious-Related Services (APR 2018)
(a) Definition. As used in this provision--
Nonprofit organization means any organization that is--
(1) Described in section 501(c) of the Internal Revenue Code of
1986; and
(2) Exempt from tax under section 501(a) of that Code.
(b) A nonprofit organization is not precluded from competing for
a contract for religious-related services to be performed on a U.S.
military installation notwithstanding that a nonprofit organization
is not a small business concern as identified in FAR 19.000(a)(3).
(c) If the apparently successful offeror has not represented in
its offer or quotation that it is a small business concern
identified in FAR 19.000(a)(3), as appropriate to the solicitation,
the Contracting Officer will verify that the offeror is registered
in the System for Award Management (SAM) database as a nonprofit
organization.
(End of provision)
[FR Doc. 2018-07731 Filed 4-12-18; 8:45 am]
BILLING CODE 5001-06-P
