Defense Federal Acquisition Regulation Supplement: Delegation of Special Emergency Procurement Authority (DFARS Case 2018-D024), 24888-24890 [2018-11341]
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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs (OIRA), has
determined that this is not a significant
regulatory action as defined under
section 3(f) of E.O. 12866 and, therefore,
was not subject to review under section
6(b). This rule is not a major rule as
defined at 5 U.S.C. 804(2).
■
V. Exe This rule is not an E.O. 13771,
Reducing and Controlling Regulatory
Costs, regulatory action, because this
rule is not significant under E.O.
12866.cutive Order 13771
This rule is not an E.O. 13771,
Reducting and Controlling Regulatory
Costs, regulatory action, because this
rule is not significant under EO 12866.
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
VI. 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 III. 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.
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 204,
212, 222, and 252
Government procurement.
sradovich on DSK3GMQ082PROD with RULES2
■
■
[Amended]
2. Amend section 204.1202 by—
a. Removing paragraph (2)(iv); and
VerDate Sep<11>2014
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Jkt 244001
■
[Removed]
4. Remove section 222.1771.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.222–7007
■
[Removed]
5. Remove section 252.222–7007.
[FR Doc. 2018–11340 Filed 5–29–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211, 215, 216, 218, and
225
[Docket DARS–2018–0026]
Sections 816 and 164 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2018 (Pub. L. 115–91)
add new special emergency
procurement authorities to include
acquisitions, as determined by the head
of the agency, that facilitate defense
against or recovery from cyber attack;
facilitate the provision of international
disaster assistance; or support response
to an emergency or major disaster.
These sections 816 and 1641 are being
implemented in the Federal Acquisition
Regulation (FAR) under FAR Case
2018–009.
Prior to this final rule, DFARS
218.271 delegated to the head of the
contracting activity the determination
authority for application of the
previously existing special emergency
procurement authorities (support of a
contingency operation or to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack). In addition, the
DFARS has provided nonstatutory
emergency acquisition flexibilities
relating to item-unique identification,
receipt of only one offer, and limitations
on time-and-materials contracts in
circumstances similar to, but somewhat
more expansive than those covered by
the statutory special emergency
procurement authorities.
RIN 0750–AJ86
II. Discussion and Analysis
Defense Federal Acquisition
Regulation Supplement: Delegation of
Special Emergency Procurement
Authority (DFARS Case 2018–D024)
This final rule delegates authority to
the head of the contracting activity at
DFARS 218.271 (redesignated 218.270)
whatever special procurement
authorities are specified in the FAR.
This final rule also makes conforming
changes to nonstatutory emergency
acquisition flexibilities relating to itemunique identification (DFARS 211.274–
2(b)(1)), receipt of only one offer
(DFARS 215.371–4(a)(2)), and
limitations on time-and-materials
contracts (DFARS 216.601(d)(i)(A)(3))
and the associated references in part
218.
However, this final rule does not
provide an exception at DFARS
211.274–2(b)(1) to the requirement for
item unique identification, for
acquisitions that facilitate defense
against or recovery from cyber attack,
because one of the reasons for use of
item-unique identification is to ensure
item-level traceability throughout the
lifecycle to enhance cyber security
(DFARS 211.274–1(e)). Therefore, in
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to delegate to the
head of the contracting activity the
decision authorities provided to the
head of the agency by sections of the
National Defense Authorization Act for
Fiscal Year 2018 that provide new
special emergency procurement
authorities. This final rule also makes
conforming changes to nonstatutory
emergency acquisition flexibilities
relating to item-unique identification,
receipt of only one offer, and limitations
on time-and-materials contracts.
DATES: Effective May 30, 2018.
SUMMARY:
Therefore, 48 CFR parts 204, 212, 222,
and 252 are amended as follows:
■ 1. The authority citation for parts 204,
212, 222, and 252 continues to read as
follows:
204.1202
3. Amend section 212.301 by—
a. Removing paragraph (f)(viii); and
b. Redesignating paragraphs (f)(ix)
through (xx) as paragraphs (f)(viii)
through (xix), respectively.
■
■
■
222.1771
Ms.
Amy Williams, telephone 571–372–
6106.
I. Background
[Amended]
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
PART 204—ADMINISTRATIVE
MATTERS
PART 204—ADMINISTRATIVE
MATTERS
212.301
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
AGENCY:
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
b. Redesignating paragraphs (2)(v)
through (xiv) as paragraphs (iv) through
(xiii), respectively.
PO 00000
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Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
order to facilitate defense against or
recovery from a cyber attack, item
unique identification is particularly
required for high-risk items identified
by the requiring activity as a target of
cyber threats, regardless of dollar value
(DFARS 211.274–2(a)(3)(v)).
In addition, the coverage at DFARS
218.270 of the increased simplified
acquisition threshold when a
humanitarian or peacekeeping operation
is declared has been removed from
DFARS, because it is now covered in the
FAR in the definition of ‘‘simplified
acquisition threshold’’ in FAR 2.101 and
at DFARS 218.204.
sradovich on DSK3GMQ082PROD with RULES2
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
solicitation provisions or contract
clauses. It does add exceptions to the
required use of the clause at DFARS
252.211–7003, Item Unique
Identification and Valuation. The clause
is not required when acquiring items to
be used to support a humanitarian or
peacekeeping operation or to facilitate
the provision of international disaster
assistance or to support response to an
emergency or major disaster. This clause
already applies to the acquisition of
commercial items, but this rule will
reduce the required usage of the clause.
IV. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is the Office of Federal
Procurement Policy statute (codified at
title 41 of the United States Code).
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 the rule primarily affects the
internal operating procedures of the
Government. Specifically, this rule:
• Delegates the special emergency
procurement authorities to the head of
the contracting activity at DFARS
218.270.
• Makes conforming changes to the
exception to the only one offer policy
VerDate Sep<11>2014
17:57 May 29, 2018
Jkt 244001
(DFARS 215.371–5) and the exception
to the required approval of the
determination and findings for timeand-materials or labor-hour contracts
(DFARS 216.601(d)(i)(A)(3)) when the
acquisition is to facilitate defense
against or recovery from a cyber attack,
to facilitate the provision of
international disaster assistance, or to
support response to an emergency or
major disaster; and the corresponding
references in DFARS part 218 and 225.
• Adds an exception to the policy at
DFARS 211.274–2(b)(1) for providing
DoD item unique identification when
the acquisition is in support of a
humanitarian or peacekeeping
operation, facilitates the provision of
international disaster assistance, or
supports response to an emergency or
major
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. Executive Order 13771
This rule is not an Executive Order
(E.O.) 13771, Reducing Regulation and
Controlling Regulatory Costs, regulatory
action, because the rule relates to
agency organization, management, or
personnel.
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 will result in a de minimis
reduction of burden hours through
slight reduction in use of DFARS clause
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
24889
252.211–7003. When contractors utilize
Wide Area Workflow in accordance
with DFARS 252.232–7003 and
Appendix F, the item unique
identification information required by
DFARS 252.211–7003 is automatically
transmitted to the IUID Registry. The
burden imposed by DFARS 252.211–
7003 is approved by the Office of
Management and Budget under OMB
clearance 0704–0248, Appendix F,
Inspection and Receiving, in accordance
with the Paperwork Reduction Act (44
U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 211,
215, 216, 218, and 225
Government procurement.
Amy G. Williams,
Deputy, Editor, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 211, 215, 216,
218, and 225 are amended as follows:
■ 1. The authority citation for parts 211,
215, 216, 218, and 225 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
2. In section 211.274–2, revise
paragraph (b)(1) to read as follows:
■
211.274–2 Policy for item unique
identification.
*
*
*
*
*
(b) * * *
(1) The items, as determined by the
head of the contracting activity, are to
be used to support a contingency or
humanitarian or peacekeeping
operation; to facilitate defense against or
recovery from nuclear, biological,
chemical, or radiological attack; to
facilitate the provision of international
disaster assistance; or to support
response to an emergency or major
disaster; or
*
*
*
*
*
PART 215—CONTRACTING BY
NEGOTIATION
3. In section 215.371–4, revise
paragraph (a)(2) to read as follows:
■
215.371–4
Exceptions.
(a) * * *
(2) Acquisitions, as determined by the
head of the contracting activity, in
support of contingency or humanitarian
or peacekeeping operations; to facilitate
defense against or recovery from cyber,
nuclear, biological, chemical, or
radiological attack; to facilitate the
provision of international disaster
E:\FR\FM\30MYR2.SGM
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24890
Federal Register / Vol. 83, No. 104 / Wednesday, May 30, 2018 / Rules and Regulations
assistance; or to support response to an
emergency or major disaster;
*
*
*
*
*
PART 216—TYPES OF CONTRACTS
4. In section 216.601, revise paragraph
(d)(i)(A)(3) to read as follows:
■
216.601
Time-and-materials contracts.
(d) * * *
(i) * * *
(A) * * *
(3) Exception. The approval
requirements in paragraphs (d)(i)(A)(1)
and (2) of this section do not apply to
contracts that, as determined by the
head of the contracting activity—
(i) Support contingency or
humanitarian or peacekeeping
operations;
(ii) Facilitate defense against or
recovery from conventional, cyber,
nuclear, biological, chemical or
radiological attack;
(iii) Facilitate the provision of
international disaster assistance; or
(iv) Support response to an emergency
or major disaster.
*
*
*
*
*
PART 218—EMERGENCY
ACQUISITIONS
5. Amend section 218.201 by—
a. In paragraph (2), removing
‘‘agency’’ and adding ‘‘contracting
activity’’ in its place;
■ b. Redesignating paragraphs (7)
through (10) as paragraphs (9) through
(12), respectively; and
■ c. Adding new paragraphs (7) and (8)
to read as follows:
■
■
218.201
Contingency operation.
sradovich on DSK3GMQ082PROD with RULES2
*
*
*
*
*
(7) Only one offer. The requirements
at sections 215.371–2 do not apply to
acquisitions, as determined by the head
of the contracting activity, in support of
a contingency operation. See 215.371–
4(a)(2).
(8) Approval of determination and
findings for time-and-materials or laborhour contracts. The approval
requirements in paragraphs (d)(i)(A)(1)
and (2) of this section do not apply to
contracts that, as determined by the
head of the contracting activity, support
contingency. See 216.601(d)(3).
*
*
*
*
*
■ 6. Revise section 218.202 to read as
follows:
218.202
events.
Defense or recovery from certain
For acquisitions that, as determined
by the head of the contracting activity,
are to facilitate defense against or
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Jkt 244001
recovery from cyber, nuclear, biological,
chemical, or radiological attack; to
facilitate provision of international
disaster assistance; or to support
response to an emergency or major
disaster, the following requirements do
not apply:
(1) Policy for unique item
identification at 211.274–2(a).
Contractors are not required to provide
DoD unique item identification if the
items are to be used to facilitate defense
against or recovery from nuclear,
biological, chemical, or radiological
attack. However, contractors are not
exempt from this requirement if the
items are to be used to facilitate defense
against or recovery from cyber attack.
See 211.274–2(b).
(2) Only one offer requirements at
section 215.371–2. See 215.371–4(a)(2).
(3) Approval of determination and
findings for time-and-materials or laborhour contracts at 216.601(d)(i)(A)(1) and
(2). See 216.601(d)(3).
■ 7. Add section 218.204 to read as
follows:
218.204 Humanitarian or peacekeeping
operation.
The following requirements do not
apply to acquisitions that, as
determined by the head of the
contracting activity, are in support of
humanitarian or peacekeeping
operations:
(1) Policy for item unique
identification at 211.274–2(a). See
211.274–2(b).
(2) Only one offer requirements at
sections 215.371–2. See 215.371–4(a)(2).
(3) Approval of determination and
findings for time-and-materials or laborhour contracts at 216.601(d)(i)(A)(1) and
(2). See 216.601(d)(3).
218.270
■
[Removed]
[Redesignated as 218.270]
9. Redesignate section 218.271 as
section 218.270 and revise the
introductory text and paragraph (a) to
read as follows:
218.270 Head of contracting activity
determinations.
The term ‘‘head of the agency’’ is
replaced with ‘‘head of the contracting
activity,’’ as defined in FAR 2.101, in
the following locations:
(a) FAR 2.101: definition of
‘‘simplified acquisition threshold.’’
*
*
*
*
*
218.272 [Redesignated as 218.271 and
Amended]
10. Redesignate section 218.272 as
section 218.271 and remove ‘‘PGI
■
Frm 00006
Fmt 4701
225.374
Sfmt 4700
[Amended]
11. Amend section 225.374 by
removing ‘‘See 218.272’’ and adding
‘‘See 218.271’’ in its place.
■
[FR Doc. 2018–11341 Filed 5–29–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
[Docket DARS–2018–0025]
RIN 0750–AJ70
Defense Federal Acquisition
Regulation Supplement: Repeal of
Restrictions on Chemical Weapons
Antidote (DFARS Case 2018–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2018 that established a sunset date
for restrictions on acquisition of
chemical weapons antidote contained in
automatic injectors, or the components
of such injectors.
SUMMARY:
Effective October 1, 2018.
FOR FURTHER INFORMATION CONTACT:
■
PO 00000
PART 225—FOREIGN ACQUISITION
DATES:
8. Remove section 218.270.
218.271
218.272’’ and add ‘‘PGI 218.271’’ in its
place.
Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule implements section
813(a) of the National Defense
Authorization Act for Fiscal Year 2018,
which amends 10 U.S.C. 2534(c) to
establish a sunset date of October 1,
2018, for 10 U.S.C. 2534(a)(2) and (b)(2),
the limitation on procurement of
chemical weapons antidote contained in
automatic injectors (and components for
such injectors).
This rule deletes DFARS 225.7005 in
its entirety to remove the obsolete text
regarding restrictions on certain
chemical weapons antidote.
E:\FR\FM\30MYR2.SGM
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]]>Agencies
[Federal Register Volume 83, Number 104 (Wednesday, May 30, 2018)]
[Rules and Regulations]
[Pages 24888-24890]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-11341]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 215, 216, 218, and 225
[Docket DARS-2018-0026]
RIN 0750-AJ86
Defense Federal Acquisition Regulation Supplement: Delegation of
Special Emergency Procurement Authority (DFARS Case 2018-D024)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to delegate to the head of the contracting activity
the decision authorities provided to the head of the agency by sections
of the National Defense Authorization Act for Fiscal Year 2018 that
provide new special emergency procurement authorities. This final rule
also makes conforming changes to nonstatutory emergency acquisition
flexibilities relating to item-unique identification, receipt of only
one offer, and limitations on time-and-materials contracts.
DATES: Effective May 30, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
Sections 816 and 164 of the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018 (Pub. L. 115-91) add new special
emergency procurement authorities to include acquisitions, as
determined by the head of the agency, that facilitate defense against
or recovery from cyber attack; facilitate the provision of
international disaster assistance; or support response to an emergency
or major disaster. These sections 816 and 1641 are being implemented in
the Federal Acquisition Regulation (FAR) under FAR Case 2018-009.
Prior to this final rule, DFARS 218.271 delegated to the head of
the contracting activity the determination authority for application of
the previously existing special emergency procurement authorities
(support of a contingency operation or to facilitate defense against or
recovery from nuclear, biological, chemical, or radiological attack).
In addition, the DFARS has provided nonstatutory emergency acquisition
flexibilities relating to item-unique identification, receipt of only
one offer, and limitations on time-and-materials contracts in
circumstances similar to, but somewhat more expansive than those
covered by the statutory special emergency procurement authorities.
II. Discussion and Analysis
This final rule delegates authority to the head of the contracting
activity at DFARS 218.271 (redesignated 218.270) whatever special
procurement authorities are specified in the FAR. This final rule also
makes conforming changes to nonstatutory emergency acquisition
flexibilities relating to item-unique identification (DFARS 211.274-
2(b)(1)), receipt of only one offer (DFARS 215.371-4(a)(2)), and
limitations on time-and-materials contracts (DFARS 216.601(d)(i)(A)(3))
and the associated references in part 218.
However, this final rule does not provide an exception at DFARS
211.274-2(b)(1) to the requirement for item unique identification, for
acquisitions that facilitate defense against or recovery from cyber
attack, because one of the reasons for use of item-unique
identification is to ensure item-level traceability throughout the
lifecycle to enhance cyber security (DFARS 211.274-1(e)). Therefore, in
[[Page 24889]]
order to facilitate defense against or recovery from a cyber attack,
item unique identification is particularly required for high-risk items
identified by the requiring activity as a target of cyber threats,
regardless of dollar value (DFARS 211.274-2(a)(3)(v)).
In addition, the coverage at DFARS 218.270 of the increased
simplified acquisition threshold when a humanitarian or peacekeeping
operation is declared has been removed from DFARS, because it is now
covered in the FAR in the definition of ``simplified acquisition
threshold'' in FAR 2.101 and at DFARS 218.204.
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 solicitation provisions or contract
clauses. It does add exceptions to the required use of the clause at
DFARS 252.211-7003, Item Unique Identification and Valuation. The
clause is not required when acquiring items to be used to support a
humanitarian or peacekeeping operation or to facilitate the provision
of international disaster assistance or to support response to an
emergency or major disaster. This clause already applies to the
acquisition of commercial items, but this rule will reduce the required
usage of the clause.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation (FAR) is the Office of Federal Procurement
Policy statute (codified at title 41 of the United States Code).
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 the rule
primarily affects the internal operating procedures of the Government.
Specifically, this rule:
Delegates the special emergency procurement authorities to
the head of the contracting activity at DFARS 218.270.
Makes conforming changes to the exception to the only one
offer policy (DFARS 215.371-5) and the exception to the required
approval of the determination and findings for time-and-materials or
labor-hour contracts (DFARS 216.601(d)(i)(A)(3)) when the acquisition
is to facilitate defense against or recovery from a cyber attack, to
facilitate the provision of international disaster assistance, or to
support response to an emergency or major disaster; and the
corresponding references in DFARS part 218 and 225.
Adds an exception to the policy at DFARS 211.274-2(b)(1)
for providing DoD item unique identification when the acquisition is in
support of a humanitarian or peacekeeping operation, facilitates the
provision of international disaster assistance, or supports response to
an emergency or major
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. Executive Order 13771
This rule is not an Executive Order (E.O.) 13771, Reducing
Regulation and Controlling Regulatory Costs, regulatory action, because
the rule relates to agency organization, management, or personnel.
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 will result in a de minimis reduction of burden hours
through slight reduction in use of DFARS clause 252.211-7003. When
contractors utilize Wide Area Workflow in accordance with DFARS
252.232-7003 and Appendix F, the item unique identification information
required by DFARS 252.211-7003 is automatically transmitted to the IUID
Registry. The burden imposed by DFARS 252.211-7003 is approved by the
Office of Management and Budget under OMB clearance 0704-0248, Appendix
F, Inspection and Receiving, in accordance with the Paperwork Reduction
Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 211, 215, 216, 218, and 225
Government procurement.
Amy G. Williams,
Deputy, Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 215, 216, 218, and 225 are amended as
follows:
0
1. The authority citation for parts 211, 215, 216, 218, and 225
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
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2. In section 211.274-2, revise paragraph (b)(1) to read as follows:
211.274-2 Policy for item unique identification.
* * * * *
(b) * * *
(1) The items, as determined by the head of the contracting
activity, are to be used to support a contingency or humanitarian or
peacekeeping operation; to facilitate defense against or recovery from
nuclear, biological, chemical, or radiological attack; to facilitate
the provision of international disaster assistance; or to support
response to an emergency or major disaster; or
* * * * *
PART 215--CONTRACTING BY NEGOTIATION
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3. In section 215.371-4, revise paragraph (a)(2) to read as follows:
215.371-4 Exceptions.
(a) * * *
(2) Acquisitions, as determined by the head of the contracting
activity, in support of contingency or humanitarian or peacekeeping
operations; to facilitate defense against or recovery from cyber,
nuclear, biological, chemical, or radiological attack; to facilitate
the provision of international disaster
[[Page 24890]]
assistance; or to support response to an emergency or major disaster;
* * * * *
PART 216--TYPES OF CONTRACTS
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4. In section 216.601, revise paragraph (d)(i)(A)(3) to read as
follows:
216.601 Time-and-materials contracts.
(d) * * *
(i) * * *
(A) * * *
(3) Exception. The approval requirements in paragraphs (d)(i)(A)(1)
and (2) of this section do not apply to contracts that, as determined
by the head of the contracting activity--
(i) Support contingency or humanitarian or peacekeeping operations;
(ii) Facilitate defense against or recovery from conventional,
cyber, nuclear, biological, chemical or radiological attack;
(iii) Facilitate the provision of international disaster
assistance; or
(iv) Support response to an emergency or major disaster.
* * * * *
PART 218--EMERGENCY ACQUISITIONS
0
5. Amend section 218.201 by--
0
a. In paragraph (2), removing ``agency'' and adding ``contracting
activity'' in its place;
0
b. Redesignating paragraphs (7) through (10) as paragraphs (9) through
(12), respectively; and
0
c. Adding new paragraphs (7) and (8) to read as follows:
218.201 Contingency operation.
* * * * *
(7) Only one offer. The requirements at sections 215.371-2 do not
apply to acquisitions, as determined by the head of the contracting
activity, in support of a contingency operation. See 215.371-4(a)(2).
(8) Approval of determination and findings for time-and-materials
or labor-hour contracts. The approval requirements in paragraphs
(d)(i)(A)(1) and (2) of this section do not apply to contracts that, as
determined by the head of the contracting activity, support
contingency. See 216.601(d)(3).
* * * * *
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6. Revise section 218.202 to read as follows:
218.202 Defense or recovery from certain events.
For acquisitions that, as determined by the head of the contracting
activity, are to facilitate defense against or recovery from cyber,
nuclear, biological, chemical, or radiological attack; to facilitate
provision of international disaster assistance; or to support response
to an emergency or major disaster, the following requirements do not
apply:
(1) Policy for unique item identification at 211.274-2(a).
Contractors are not required to provide DoD unique item identification
if the items are to be used to facilitate defense against or recovery
from nuclear, biological, chemical, or radiological attack. However,
contractors are not exempt from this requirement if the items are to be
used to facilitate defense against or recovery from cyber attack. See
211.274-2(b).
(2) Only one offer requirements at section 215.371-2. See 215.371-
4(a)(2).
(3) Approval of determination and findings for time-and-materials
or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). See
216.601(d)(3).
0
7. Add section 218.204 to read as follows:
218.204 Humanitarian or peacekeeping operation.
The following requirements do not apply to acquisitions that, as
determined by the head of the contracting activity, are in support of
humanitarian or peacekeeping operations:
(1) Policy for item unique identification at 211.274-2(a). See
211.274-2(b).
(2) Only one offer requirements at sections 215.371-2. See 215.371-
4(a)(2).
(3) Approval of determination and findings for time-and-materials
or labor-hour contracts at 216.601(d)(i)(A)(1) and (2). See
216.601(d)(3).
218.270 [Removed]
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8. Remove section 218.270.
218.271 [Redesignated as 218.270]
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9. Redesignate section 218.271 as section 218.270 and revise the
introductory text and paragraph (a) to read as follows:
218.270 Head of contracting activity determinations.
The term ``head of the agency'' is replaced with ``head of the
contracting activity,'' as defined in FAR 2.101, in the following
locations:
(a) FAR 2.101: definition of ``simplified acquisition threshold.''
* * * * *
218.272 [Redesignated as 218.271 and Amended]
0
10. Redesignate section 218.272 as section 218.271 and remove ``PGI
218.272'' and add ``PGI 218.271'' in its place.
PART 225--FOREIGN ACQUISITION
225.374 [Amended]
0
11. Amend section 225.374 by removing ``See 218.272'' and adding ``See
218.271'' in its place.
[FR Doc. 2018-11341 Filed 5-29-18; 8:45 am]
BILLING CODE 5001-06-P
