Defense Federal Acquisition Regulation Supplement: Safe Access to Projects in Afghanistan (DFARS Case 2017-D032), 16003-16004 [2018-07733]
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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
16004
Federal Register / Vol. 83, No. 72 / Friday, April 13, 2018 / Rules and Regulations
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Editor, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for part 225
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 225.7700 by adding
paragraph (e) to read as follows:
■
225.7700
Scope.
*
*
*
*
*
(e) Section 216 of the National
Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114–328).
*
*
*
*
*
■ 3. Add sections 225.7705, 225.7705–1,
225.7705–2, and 225.7705–3 to subpart
225.77 to read as follows:
225.7705 Prohibition on use of funds for
contracts of certain programs and projects
in Afghanistan that cannot be safely
accessed.
This section implements section 1216
of the National Defense Authorization
Act for Fiscal Year 2017 (Pub. L. 114–
328).
225.7705–1
Prohibition.
The contracting officer shall not
obligate or expend funds 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. In
limited circumstances, this prohibition
may be waived in accordance with
section 225.7705–2.
daltland on DSKBBV9HB2PROD with RULES
225.7705–2
Waiver of prohibition.
(a) The prohibition in 225.7705–1
may be waived upon issuance of a
determination, approved in accordance
with paragraph (b) of this section, that—
(1) The program or project clearly
contributes to United States national
interests or strategic objectives;
(2) The Government of Afghanistan
has requested or expressed a need for
the program or project;
(3) The program or project has been
coordinated with the Government of
Afghanistan, and with any other
implementing agencies or international
donors;
VerDate Sep<11>2014
16:22 Apr 12, 2018
Jkt 244001
(4) Security conditions permit
effective implementation and oversight
of the program or project;
(5) Safeguards to detect, deter, and
mitigate corruption and waste, fraud,
and abuse of funds are in place;
(6) Adequate arrangements have been
made for the sustainment of the program
or project following its completion,
including arrangements with respect to
funding and technical capacity for
sustainment; and
(7) Meaningful metrics have been
established to measure the progress and
effectiveness of the program or project
in meeting its objectives.
(b) The following officials are
authorized to approve the determination
described in paragraph (a) of this
section:
(1) In the case of a program or project
with an estimated lifecycle cost of less
than $1 million, by the contracting
officer.
(2) In the case of a program or project
with an estimated lifecycle cost of
$1 million or more, but less than
$20 million, by the senior U.S. officer in
the Combined Security Transition
Command-Afghanistan.
(3) In the case of a program or project
with an estimated lifecycle cost of
$20 million or more, but less than
$40 million, by the Commander of
United States Forces-Afghanistan.
(4) In the case of a program or project
with an estimated lifecycle cost of
$40 million or more, by the Secretary of
Defense.
(c) Congressional notification is
required within 15 days of issuance of
a determination to waive the prohibition
for programs or projects valued at
$40 million or more in accordance with
paragraph (b)(4) of this section.
225.7705–3
Procedures.
(a) The contracting officer shall not
obligate or expend funds for contracts
for a construction or other infrastructure
program or project in Afghanistan,
awarded after December 23, 2016,
unless the requiring activity provides
the following documentation:
(1) Written affirmation that military or
civilian personnel of the United States
Government or their representatives,
with authority to conduct oversight of
such program or project, can safely
access such program or project; or
(2)(i) For programs or projects valued
at less than $1 million, sufficient
information upon which to base the
determination described in 225.7705–
2(a); or
(ii)(A) For programs or projects valued
at $1 million or more, a copy of the
approved determination described in
225.7705–2(a) and (b); and
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
(B) For programs or projects valued at
$40 million or more, a copy of the
Congressional notification described in
225.7705–2(c).
(b) After contract award, the
contracting officer shall review the
requiring activity’s progress reports
(e.g., contracting officer’s representative
reports) that addresses whether access
continues to be safe or security
conditions continue to permit effective
implementation and oversight of the
contract. If the requiring activity does
not affirm continued safe access or, if a
determination to waive the prohibition
has been approved, that security
conditions continue to permit effective
implementation and oversight of the
contract, then the contracting officer
shall consult with the requiring activity
to take any appropriate actions.
[FR Doc. 2018–07733 Filed 4–12–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 237
[Docket DARS–2018–0013]
RIN 0750–AJ49
Defense Federal Acquisition
Regulation Supplement: Educational
Service Agreements (DFARS Case
2017–D039)
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 remove limiting language
related to educational service
agreements. This deletion will allow
DoD to make agreements that permit
payment for Masters of Laws degrees
and other legal training programs, in
accordance with applicable law,
regulation, and policy.
DATES: Effective April 13, 2018.
FOR FURTHER INFORMATION CONTACT:
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DFARS subpart 237.72, Educational
Service Agreements, prescribes policies
and procedures for acquiring
educational services from schools,
colleges, universities, or other
educational institutions. An educational
service agreement (ESA) is an ordering
E:\FR\FM\13APR1.SGM
13APR1
]]>Agencies
[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16003-16004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07733]
-----------------------------------------------------------------------
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)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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.
FOR FURTHER INFORMATION CONTACT: 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
Off-the-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 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).
[[Page 16004]]
List of Subjects in 48 CFR Part 225
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for part 225 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 225.7700 by adding paragraph (e) to read as follows:
225.7700 Scope.
* * * * *
(e) Section 216 of the National Defense Authorization Act for
Fiscal Year 2017 (Pub. L. 114-328).
* * * * *
0
3. Add sections 225.7705, 225.7705-1, 225.7705-2, and 225.7705-3 to
subpart 225.77 to read as follows:
225.7705 Prohibition on use of funds for contracts of certain
programs and projects in Afghanistan that cannot be safely accessed.
This section implements section 1216 of the National Defense
Authorization Act for Fiscal Year 2017 (Pub. L. 114-328).
225.7705-1 Prohibition.
The contracting officer shall not obligate or expend funds 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. In limited circumstances, this prohibition may be
waived in accordance with section 225.7705-2.
225.7705-2 Waiver of prohibition.
(a) The prohibition in 225.7705-1 may be waived upon issuance of a
determination, approved in accordance with paragraph (b) of this
section, that--
(1) The program or project clearly contributes to United States
national interests or strategic objectives;
(2) The Government of Afghanistan has requested or expressed a need
for the program or project;
(3) The program or project has been coordinated with the Government
of Afghanistan, and with any other implementing agencies or
international donors;
(4) Security conditions permit effective implementation and
oversight of the program or project;
(5) Safeguards to detect, deter, and mitigate corruption and waste,
fraud, and abuse of funds are in place;
(6) Adequate arrangements have been made for the sustainment of the
program or project following its completion, including arrangements
with respect to funding and technical capacity for sustainment; and
(7) Meaningful metrics have been established to measure the
progress and effectiveness of the program or project in meeting its
objectives.
(b) The following officials are authorized to approve the
determination described in paragraph (a) of this section:
(1) In the case of a program or project with an estimated lifecycle
cost of less than $1 million, by the contracting officer.
(2) In the case of a program or project with an estimated lifecycle
cost of $1 million or more, but less than $20 million, by the senior
U.S. officer in the Combined Security Transition Command-Afghanistan.
(3) In the case of a program or project with an estimated lifecycle
cost of $20 million or more, but less than $40 million, by the
Commander of United States Forces-Afghanistan.
(4) In the case of a program or project with an estimated lifecycle
cost of $40 million or more, by the Secretary of Defense.
(c) Congressional notification is required within 15 days of
issuance of a determination to waive the prohibition for programs or
projects valued at $40 million or more in accordance with paragraph
(b)(4) of this section.
225.7705-3 Procedures.
(a) The contracting officer shall not obligate or expend funds for
contracts for a construction or other infrastructure program or project
in Afghanistan, awarded after December 23, 2016, unless the requiring
activity provides the following documentation:
(1) Written affirmation that military or civilian personnel of the
United States Government or their representatives, with authority to
conduct oversight of such program or project, can safely access such
program or project; or
(2)(i) For programs or projects valued at less than $1 million,
sufficient information upon which to base the determination described
in 225.7705-2(a); or
(ii)(A) For programs or projects valued at $1 million or more, a
copy of the approved determination described in 225.7705-2(a) and (b);
and
(B) For programs or projects valued at $40 million or more, a copy
of the Congressional notification described in 225.7705-2(c).
(b) After contract award, the contracting officer shall review the
requiring activity's progress reports (e.g., contracting officer's
representative reports) that addresses whether access continues to be
safe or security conditions continue to permit effective implementation
and oversight of the contract. If the requiring activity does not
affirm continued safe access or, if a determination to waive the
prohibition has been approved, that security conditions continue to
permit effective implementation and oversight of the contract, then the
contracting officer shall consult with the requiring activity to take
any appropriate actions.
[FR Doc. 2018-07733 Filed 4-12-18; 8:45 am]
BILLING CODE 5001-06-P
