Defense Federal Acquisition Regulation Supplement: Submission of Summary Subcontract Reports (DFARS Case 2017-D005), 30666-30668 [2018-14069]
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30666
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
252.232–7003 unless one of the exceptions in
paragraph (d) of that clause applies.
F–306 Packing List Instructions
(a) Contractors may use a WAWF
processed RR or the WAWF RRR, as a
packing list. WAWF provides an option to
print the RR or RRR. Contractors can print a
RR or RRR from a system other than WAWF
if a signed copy is required. In such cases,
the contractor shall print the WAWF RR or
RRR only after a signature is applied by the
Government inspector or authorized acceptor
in WAWF. Copies printed from the
contractor’s system shall be annotated with
‘‘\\original signed in WAWF\\’’ in lieu of
the inspector or acceptor’s signature. Ensure
a copy is visible on the outside and one is
placed inside the package.
(b) If the contract requires Government
source inspection and acceptance at origin,
the contractor shall ensure that its packaging
documentation includes a RR or RRR that
documents inspection, acceptance, or both by
the Government inspector or authorized
acceptor. A paper DD Form 250 may be used
in lieu of WAWF generated RRs or RRRs
when one of the exceptions in paragraph (d)
of the clause at DFARS 252.232–7003
applies.
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[FR Doc. 2018–14063 Filed 6–28–18; 8:45 am]
BILLING CODE 5001–06–P
I. Background
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2018–0018]
RIN 0750–AJ42
Defense Federal Acquisition
Regulation Supplement: Submission of
Summary Subcontract Reports
(DFARS Case 2017–D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
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DoD is proposing to revise the DFARS
to implement a policy that streamlines
the submission and review of Summary
Subcontract Reports (SSRs) for DoD
contractors and brings the DFARS into
compliance with changes to the Federal
Acquisition Regulation (FAR). Instead of
submitting multiple SSRs to
departments and agencies within DoD,
contractors with individual
subcontracting plans will submit a
single, consolidated SSR in eSRS at the
DoD level. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
II. Discussion and Analysis
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
clarify the entity to which contractors
submit Summary Subcontract Reports in
the Electronic Subcontracting Reporting
System (eSRS) and to clarify the entity
that acknowledges receipt of, or rejects,
the reports in eSRS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
August 28, 2018, to be considered in the
formation of a final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2017–D005,
using any of the following methods:
SUMMARY:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for
‘‘DFARS Case 2017–D005.’’ Select
‘‘Comment Now’’ and follow the
instructions provided to submit a
comment. Please include ‘‘DFARS Case
2017–D005’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2017–D005 in the subject
line of the message.
Æ Fax: 571–372–6094.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Jennifer
D. Johnson, OUSD(AT&L)DPAP/DARS,
Room 3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately 2 to 3 days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
The clause at DFARS 252.219–7003,
Small Business Subcontracting Plan
(DoD Contracts), and its Alternate I
currently require contractors to submit
SSRs to departments or agencies within
DoD. DFARS 252.219–7003 and its
Alternate I also inform contractors that
the authority to acknowledge receipt of,
or reject, SSRs resides with the SSR
Coordinator at departments or agencies
within DoD. This rule proposes to
amend the DFARS clause to require
contractors with individual
subcontracting plans to submit a
consolidated SSR at the DoD level, and
to inform contractors that the authority
to acknowledge receipt of or reject SSRs
under individual subcontracting plans
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resides with the SSR Coordinator at the
DoD level. These amendments will
bring DFARS clause 252.219–7003 into
compliance with the requirement for a
consolidated SSR in FAR clause 52.219–
9, Small Business Subcontracting Plan.
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 rule proposes to amend the
clause at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I. The
objective of the rule is to provide
clarification on the submission and
review of SSRs in eSRS.
DoD does not apply the clause and its
Alternate I to solicitations and contracts
with a value at or below the SAT,
because subcontracting plans are not
required at that dollar value.
DoD currently applies the clause and
its Alternate I to solicitations and
contracts for the acquisition of
commercial items, including COTS
items, as defined at FAR 2.101. Not
applying this guidance to contracts for
the acquisition of commercial items,
including COTS items, would exclude
contracts intended to be included in the
streamlined SSRs and undermine the
overarching purpose of the rule.
Consequently, DoD plans to apply the
rule to contracts for the acquisition of
commercial items, including COTS
items.
IV. Expected Cost Savings
This rule amends the DFARS to
implement a policy that streamlines the
submission and review of SSRs for DoD
contractors. Instead of the current
practice of submitting multiple SSRs to
various departments or agencies within
DoD, contractors with individual
subcontracting plans will submit one
consolidated SSR at the DoD level in the
eSRS. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
This rule impacts only large
businesses that have individual
subcontracting plans and at least one
contract with DoD. Although the clause
at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I currently
require large business contractors to
submit SSRs to the department or
agency within DoD that administers the
majority of the contractor’s individual
subcontracting plans, these contractors
frequently must submit SSRs to each
department or agency within DoD with
which they have contracts. This results
in extra work for the contractors and
E:\FR\FM\29JNP1.SGM
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
multiple SSRs to departments and
agencies within DoD, contractors with
individual subcontracting plans will
submit a single, consolidated SSR in
eSRS at the DoD level. The consolidated
SSR will be acknowledged or rejected in
eSRS at the DoD level.
The objective of the rule is to provide
clarification on the submission and
Annualized Cost Savings .....
¥$25,514 review of SSRs in eSRS. The rule will
Present Value Cost Savings
¥364,492 bring the clause at DFARS 252.219–
7003 and its Alternate I into compliance
To access the full Regulatory Cost
with the requirement for a consolidated
Analysis for this rule, go to the Federal
SSR in the Federal Acquisition
eRulemaking Portal at
Regulation clause FAR 52.219–9, Small
www.regulations.gov, search for
Business Subcontracting Plan.
The rule applies to DoD contractors
‘‘DFARS Case 2017–D005,’’ click ‘‘Open
who have individual subcontracting
Docket,’’ and view ‘‘Supporting
plans and must comply with the clause
Documents.’’
at DFARS 252.219–7003. Small entities
V. Executive Orders 12866 and 13563
are not required to comply with this
Executive Orders (E.O.s) 12866 and
clause and, therefore, will not be
13563 direct agencies to assess all costs
affected by the rule.
and benefits of available regulatory
The rule does not impose any
alternatives and, if regulation is
reporting or recordkeeping requirements
on any small entities.
necessary, to select regulatory
The rule does not duplicate, overlap,
approaches that maximize net benefits
or conflict with any other Federal rules.
(including potential economic,
There are no known, significant,
environmental, public health and safety
alternative approaches to the proposed
effects, distributive impacts, and
rule that would meet the requirements
equity). E.O. 13563 emphasizes the
of the applicable statute.
importance of quantifying both costs
DoD invites comments from small
and benefits, of reducing costs, of
business concerns and other interested
harmonizing rules, and of promoting
parties on the expected impact of this
flexibility. This is not a significant
regulatory action and, therefore, was not rule on small entities.
DoD will also consider comments
subject to review under section 6(b) of
from small entities concerning the
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
rule is not a major rule under 5 U.S.C.
610. Interested parties must submit such
804.
comments separately and should cite 5
VI. Executive Order 13771
U.S.C 610 (DFARS Case 2017–D005), in
correspondence.
This rule is expected to be an E.O.
13771 deregulatory action. Details on
VIII. Paperwork Reduction Act
the estimated cost savings can be found
The rule does not contain any
in section IV. of this preamble.
information collection requirements that
VII. Regulatory Flexibility Act
require the approval of the Office of
Management and Budget under the
DoD does not expect this proposed
Paperwork Reduction Act (44 U.S.C.
rule to have a significant economic
impact on a substantial number of small chapter 35).
entities within the meaning of the
List of Subjects in 48 CFR Part 252
Regulatory Flexibility Act, 5 U.S.C. 601,
Government procurement.
et seq., because small entities are not
required to comply with the clause at
Amy G. Williams,
DFARS 252.219–7003, Small Business
Deputy, Defense Acquisition Regulations
Subcontracting Plan (DoD Contracts), or System.
its Alternate I. However, an initial
Therefore, 48 CFR 252 is proposed to
regulatory flexibility analysis has been
be amended as follows:
performed and is summarized as
follows:
PART 252—SOLICITATION
DoD is proposing to revise the
PROVISIONS AND CONTRACT
Defense Federal Acquisition Regulation CLAUSES
Supplement (DFARS) to streamline the
■ 1. The authority citation for part 252
submission and review of Summary
continues to read as follows:
Subcontract Reports (SSRs) in the
Electronic Subcontracting Reporting
Authority: 41 U.S.C. 1303 and 48 CFR
System (eSRS). Instead of submitting
chapter 1.
sradovich on DSK3GMQ082PROD with PROPOSALS
creates problems with duplicate
subcontracting data. By requiring
submission and review of SSRs at the
DoD level, this rule solves these issues.
The following is a summary of the
estimated public cost savings calculated
in 2016 dollars at a 7-percent discount
rate and in perpetuity:
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30667
2. Amend section 252.219–7003 by—
a. Removing the clause date of ‘‘(APR
2018)’’ and adding ‘‘(DATE)’’ in its
place;
■ b. Revising paragraph (a);
■ c. Revising paragraph (b);
■ d. Revising paragraph (f); and
■ e. In Alternate I—
■ i. Removing the clause date of ‘‘(APR
2018)’’ and adding ‘‘(DATE)’’ in its
place;
■ i. Revising paragraph (a);
■ ii Revising paragraph (b); and
■ iii. Revising paragraph (f).
The revisions read as follows:
■
■
252.219–7003 Small Business
Subcontracting Plan (DoD Contracts).
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(a) Definitions. Summary Subcontract
Report (SSR) Coordinator, as used in
this clause, means the individual who is
registered in the Electronic
Subcontracting Reporting System (eSRS)
at the Department of Defense level and
is responsible for acknowledging receipt
or rejecting SSRs submitted under an
individual subcontracting plan in eSRS
for the Department of Defense.
(b) Subcontracts awarded qualified
nonprofit agencies designated by the
Committee for Purchase From People
Who Are Blind or Severely Disabled (41
U.S.C. 8502–8504), may be counted
toward the Contractor’s small business
subcontracting goal.
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(f)(1) For DoD, the Contractor shall
submit reports in eSRS as follows:
(i) The Individual Subcontract Report
(ISR) shall be submitted to the
contracting officer at the procuring
contracting office, even when contract
administration has been delegated to the
Defense Contract Management Agency.
(ii) Submit the consolidated SSR for
an individual subcontracting plan to the
‘‘Department of Defense.’’
(2) For DoD, the authority to
acknowledge receipt or reject reports in
eSRS is as follows:
(i) The authority to acknowledge
receipt or reject the ISR resides with the
contracting officer who receives it, as
described in paragraph (f)(1)(i) of this
clause.
(ii) The authority to acknowledge
receipt of or reject SSRs submitted
under an individual subcontracting plan
resides with the SSR Coordinator.
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Alternate I. * * *
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(a) Definitions. Summary Subcontract
Report (SSR) Coordinator, as used in
this clause, means the individual who is
registered in the Electronic
Subcontracting Reporting System (eSRS)
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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules
at the Department of Defense level and
is responsible for acknowledging receipt
or rejecting SSRs submitted under an
individual subcontracting plan in eSRS
for the Department of Defense.
(b) Subcontracts awarded to qualified
nonprofit agencies designated by the
Committee for Purchase From People
Who Are Blind or Severely Disabled (41
U.S.C. 8502–8504), may be counted
toward the Contractor’s small business
subcontracting goal.
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(f)(1) For DoD, the Contractor shall
submit reports in eSRS as follows:
(i) The Standard Form 294,
Subcontracting Report for Individual
Contracts, shall be submitted in
accordance with the instructions on that
form.
(ii) Submit the consolidated SSR to
the ‘‘Department of Defense.’’
(2) For DoD, the authority to
acknowledge receipt of or reject SSRs
submitted under an individual
subcontracting plan in eSRS resides
with the SSR Coordinator.
*
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[FR Doc. 2018–14069 Filed 6–28–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 380
[Docket No. FMCSA–2017–0371]
RIN 2126–AC05
ELDT; Commercial Driver’s License
Upgrade From Class B to Class A
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Notice of proposed rulemaking.
AGENCY:
FMCSA proposes to amend
the entry-level driver training (ELDT)
regulations published on December 8,
2016, titled ‘‘Minimum Training
Requirements for Entry-Level
Commercial Motor Vehicle Operators’’
by adopting a new Class A theory
instruction upgrade curriculum to
reduce the training time and costs
incurred by Class B commercial driver’s
license (CDL) holders upgrading to a
Class A CDL. This NPRM does not
propose any changes to behind-thewheel (BTW) training requirements set
forth in the ELDT final rule. This
proposal would be a deregulatory action
as defined by Executive Order (E.O.)
13771, ‘‘Reducing Regulation and
Controlling Regulatory Costs.’’ The
Agency believes that this modest change
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SUMMARY:
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17:09 Jun 28, 2018
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in the Class A theory training
requirements for Class B CDL holders
upgrading to a Class A CDL would
maintain the same level of safety
established by the ELDT final rule.
DATES: Comments on this notice must be
received on or before August 28, 2018.
ADDRESSES: You may submit comments
identified by Docket Number FMCSA–
2017–0371 using any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 1200
New Jersey Avenue SE, West Building,
Ground Floor, Room W12–140,
Washington, DC 20590–0001.
• Hand Delivery or Courier: West
Building, Ground Floor, Room W12–
140, 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
• Fax: 202–493–2251.
To avoid duplication, please use only
one of these four methods. See the
‘‘Public Participation and Request for
Comments’’ portion of the
SUPPLEMENTARY INFORMATION section for
instructions on submitting comments,
including collection of information
comments for the Office of Information
and Regulatory Affairs, OMB.
FOR FURTHER INFORMATION CONTACT: Mr.
Richard Clemente, Driver and Carrier
Operations (MC–PSD) Division,
FMCSA, 1200 New Jersey Ave SE,
Washington, DC 20590–0001, by
telephone at 202–366–4325, or by email
at MCPSD@dot.gov. If you have
questions on viewing or submitting
material to the docket, contact Docket
Services, telephone (202) 366–9826.
SUPPLEMENTARY INFORMATION: This
notice of proposed rulemaking (NPRM)
is organized as follows:
I. Public Participation and Request for
Comments
A. Submitting Comments
B. Viewing Comments and Documents
C. Privacy Act
D. Waiver of Advance Notice of Proposed
Rulemaking
II. Executive Summary
III. Abbreviations
IV. Legal Basis
V. Background
VI. Discussion of Proposed Rulemaking
VII. Section-by-Section
VIII. Regulatory Analyses
A. Executive Order (E.O.) 12866
(Regulatory Planning and Review), E.O.
13563 (Improving Regulation and
Regulatory Review), and DOT Regulatory
Policies and Procedures
B. E.O. 13771 (Reducing Regulation and
Controlling Regulatory Costs)
C. Regulatory Flexibility Act
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Fmt 4702
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D. Assistance for Small Entities
E. Unfunded Mandates Reform Act of 1995
F. Paperwork Reduction Act
G. E.O. 13132 (Federalism)
H. E.O. 12988 (Civil Justice Reform)
I. E.O. 13045 (Protection of Children)
J. E.O. 12630 (Taking of Private Property)
K. Privacy
L. E.O. 12372 (Intergovernmental Review)
M. E.O. 13211 (Energy Supply,
Distribution, or Use)
N. E.O. 13783 (Promoting Energy
Independence and Economic Growth)
O. E.O. 13175 (Indian Tribal Governments)
P. National Technology Transfer and
Advancement Act (Technical Standards)
Q. Environment (NEPA, CAA, E.O. 12898
Environmental Justice)
I. Public Participation and Request for
Comments
A. Submitting Comments
If you submit a comment, please
include the docket number for this
NPRM (Docket No. FMCSA–2017–
0371), indicate the specific section of
this document to which each section
applies, and provide a reason for each
suggestion or recommendation. You
may submit your comments and
material online or by fax, mail, or hand
delivery, but please use only one of
these means. FMCSA recommends that
you include your name and a mailing
address, an email address, or a phone
number in the body of your document
so that FMCSA can contact you if there
are questions regarding your
submission.
To submit your comment online, go to
www.regulations.gov, put the docket
number, FMCSA–2017–0371, in the
keyword box, and click ‘‘Search.’’ When
the new screen appears, click on the
‘‘Comment Now!’’ button and type your
comment into the text box on the
following screen. Choose whether you
are submitting your comment as an
individual or on behalf of a third party
and then submit.
If you submit your comments by mail
or hand delivery, submit them in an
unbound format, no larger than 81⁄2 by
11 inches, suitable for copying and
electronic filing. If you submit
comments by mail and would like to
know that they reached the facility,
please enclose a stamped, self-addressed
postcard or envelope.
FMCSA will consider all comments
and material received during the
comment period and may change this
proposed rule based on your comments.
FMCSA may issue a final rule at any
time after the close of the comment
period.
Confidential Business Information
Confidential Business Information
(CBI) is commercial or financial
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]]>Agencies
[Federal Register Volume 83, Number 126 (Friday, June 29, 2018)]
[Proposed Rules]
[Pages 30666-30668]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14069]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2018-0018]
RIN 0750-AJ42
Defense Federal Acquisition Regulation Supplement: Submission of
Summary Subcontract Reports (DFARS Case 2017-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to clarify the entity to which
contractors submit Summary Subcontract Reports in the Electronic
Subcontracting Reporting System (eSRS) and to clarify the entity that
acknowledges receipt of, or rejects, the reports in eSRS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before August 28, 2018, to be considered
in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2017-D005, using
any of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for ``DFARS Case 2017-D005.'' Select ``Comment Now'' and follow
the instructions provided to submit a comment. Please include ``DFARS
Case 2017-D005'' on any attached documents.
[cir] Email: [email protected]. Include DFARS Case 2017-D005 in
the subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms.
Jennifer D. Johnson, OUSD(AT&L)DPAP/DARS, Room 3B941, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately 2 to 3 days after submission to verify posting (except
allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement a policy that
streamlines the submission and review of Summary Subcontract Reports
(SSRs) for DoD contractors and brings the DFARS into compliance with
changes to the Federal Acquisition Regulation (FAR). Instead of
submitting multiple SSRs to departments and agencies within DoD,
contractors with individual subcontracting plans will submit a single,
consolidated SSR in eSRS at the DoD level. The consolidated SSR will be
acknowledged or rejected in eSRS at the DoD level.
II. Discussion and Analysis
The clause at DFARS 252.219-7003, Small Business Subcontracting
Plan (DoD Contracts), and its Alternate I currently require contractors
to submit SSRs to departments or agencies within DoD. DFARS 252.219-
7003 and its Alternate I also inform contractors that the authority to
acknowledge receipt of, or reject, SSRs resides with the SSR
Coordinator at departments or agencies within DoD. This rule proposes
to amend the DFARS clause to require contractors with individual
subcontracting plans to submit a consolidated SSR at the DoD level, and
to inform contractors that the authority to acknowledge receipt of or
reject SSRs under individual subcontracting plans resides with the SSR
Coordinator at the DoD level. These amendments will bring DFARS clause
252.219-7003 into compliance with the requirement for a consolidated
SSR in FAR clause 52.219-9, Small Business Subcontracting Plan.
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 rule proposes to amend the clause at DFARS 252.219-7003, Small
Business Subcontracting Plan (DoD Contracts), and its Alternate I. The
objective of the rule is to provide clarification on the submission and
review of SSRs in eSRS.
DoD does not apply the clause and its Alternate I to solicitations
and contracts with a value at or below the SAT, because subcontracting
plans are not required at that dollar value.
DoD currently applies the clause and its Alternate I to
solicitations and contracts for the acquisition of commercial items,
including COTS items, as defined at FAR 2.101. Not applying this
guidance to contracts for the acquisition of commercial items,
including COTS items, would exclude contracts intended to be included
in the streamlined SSRs and undermine the overarching purpose of the
rule. Consequently, DoD plans to apply the rule to contracts for the
acquisition of commercial items, including COTS items.
IV. Expected Cost Savings
This rule amends the DFARS to implement a policy that streamlines
the submission and review of SSRs for DoD contractors. Instead of the
current practice of submitting multiple SSRs to various departments or
agencies within DoD, contractors with individual subcontracting plans
will submit one consolidated SSR at the DoD level in the eSRS. The
consolidated SSR will be acknowledged or rejected in eSRS at the DoD
level.
This rule impacts only large businesses that have individual
subcontracting plans and at least one contract with DoD. Although the
clause at DFARS 252.219-7003, Small Business Subcontracting Plan (DoD
Contracts), and its Alternate I currently require large business
contractors to submit SSRs to the department or agency within DoD that
administers the majority of the contractor's individual subcontracting
plans, these contractors frequently must submit SSRs to each department
or agency within DoD with which they have contracts. This results in
extra work for the contractors and
[[Page 30667]]
creates problems with duplicate subcontracting data. By requiring
submission and review of SSRs at the DoD level, this rule solves these
issues.
The following is a summary of the estimated public cost savings
calculated in 2016 dollars at a 7-percent discount rate and in
perpetuity:
------------------------------------------------------------------------
------------------------------------------------------------------------
Annualized Cost Savings................................. -$25,514
Present Value Cost Savings.............................. -364,492
------------------------------------------------------------------------
To access the full Regulatory Cost Analysis for this rule, go to
the Federal eRulemaking Portal at www.regulations.gov, search for
``DFARS Case 2017-D005,'' click ``Open Docket,'' and view ``Supporting
Documents.''
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 expected to be an E.O. 13771 deregulatory action.
Details on the estimated cost savings can be found in section IV. of
this preamble.
VII. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because small entities are not required to comply with the clause at
DFARS 252.219-7003, Small Business Subcontracting Plan (DoD Contracts),
or its Alternate I. However, an initial regulatory flexibility analysis
has been performed and is summarized as follows:
DoD is proposing to revise the Defense Federal Acquisition
Regulation Supplement (DFARS) to streamline the submission and review
of Summary Subcontract Reports (SSRs) in the Electronic Subcontracting
Reporting System (eSRS). Instead of submitting multiple SSRs to
departments and agencies within DoD, contractors with individual
subcontracting plans will submit a single, consolidated SSR in eSRS at
the DoD level. The consolidated SSR will be acknowledged or rejected in
eSRS at the DoD level.
The objective of the rule is to provide clarification on the
submission and review of SSRs in eSRS. The rule will bring the clause
at DFARS 252.219-7003 and its Alternate I into compliance with the
requirement for a consolidated SSR in the Federal Acquisition
Regulation clause FAR 52.219-9, Small Business Subcontracting Plan.
The rule applies to DoD contractors who have individual
subcontracting plans and must comply with the clause at DFARS 252.219-
7003. Small entities are not required to comply with this clause and,
therefore, will not be affected by the rule.
The rule does not impose any reporting or recordkeeping
requirements on any small entities.
The rule does not duplicate, overlap, or conflict with any other
Federal rules.
There are no known, significant, alternative approaches to the
proposed rule that would meet the requirements of the applicable
statute.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C 610 (DFARS Case 2017-D005), in
correspondence.
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).
List of Subjects in 48 CFR Part 252
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR 252 is proposed to be amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 252.219-7003 by--
0
a. Removing the clause date of ``(APR 2018)'' and adding ``(DATE)'' in
its place;
0
b. Revising paragraph (a);
0
c. Revising paragraph (b);
0
d. Revising paragraph (f); and
0
e. In Alternate I--
0
i. Removing the clause date of ``(APR 2018)'' and adding ``(DATE)'' in
its place;
0
i. Revising paragraph (a);
0
ii Revising paragraph (b); and
0
iii. Revising paragraph (f).
The revisions read as follows:
252.219-7003 Small Business Subcontracting Plan (DoD Contracts).
* * * * *
(a) Definitions. Summary Subcontract Report (SSR) Coordinator, as
used in this clause, means the individual who is registered in the
Electronic Subcontracting Reporting System (eSRS) at the Department of
Defense level and is responsible for acknowledging receipt or rejecting
SSRs submitted under an individual subcontracting plan in eSRS for the
Department of Defense.
(b) Subcontracts awarded qualified nonprofit agencies designated by
the Committee for Purchase From People Who Are Blind or Severely
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's
small business subcontracting goal.
* * * * *
(f)(1) For DoD, the Contractor shall submit reports in eSRS as
follows:
(i) The Individual Subcontract Report (ISR) shall be submitted to
the contracting officer at the procuring contracting office, even when
contract administration has been delegated to the Defense Contract
Management Agency.
(ii) Submit the consolidated SSR for an individual subcontracting
plan to the ``Department of Defense.''
(2) For DoD, the authority to acknowledge receipt or reject reports
in eSRS is as follows:
(i) The authority to acknowledge receipt or reject the ISR resides
with the contracting officer who receives it, as described in paragraph
(f)(1)(i) of this clause.
(ii) The authority to acknowledge receipt of or reject SSRs
submitted under an individual subcontracting plan resides with the SSR
Coordinator.
* * * * *
Alternate I. * * *
* * * * *
(a) Definitions. Summary Subcontract Report (SSR) Coordinator, as
used in this clause, means the individual who is registered in the
Electronic Subcontracting Reporting System (eSRS)
[[Page 30668]]
at the Department of Defense level and is responsible for acknowledging
receipt or rejecting SSRs submitted under an individual subcontracting
plan in eSRS for the Department of Defense.
(b) Subcontracts awarded to qualified nonprofit agencies designated
by the Committee for Purchase From People Who Are Blind or Severely
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's
small business subcontracting goal.
* * * * *
(f)(1) For DoD, the Contractor shall submit reports in eSRS as
follows:
(i) The Standard Form 294, Subcontracting Report for Individual
Contracts, shall be submitted in accordance with the instructions on
that form.
(ii) Submit the consolidated SSR to the ``Department of Defense.''
(2) For DoD, the authority to acknowledge receipt of or reject SSRs
submitted under an individual subcontracting plan in eSRS resides with
the SSR Coordinator.
* * * * *
[FR Doc. 2018-14069 Filed 6-28-18; 8:45 am]
BILLING CODE 5001-06-P
