Defense Federal Acquisition Regulation Supplement: Brand Name or Equal (DFARS Case 2017-D040), 54696-54698 [2018-23676]

Download as PDF 54696 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules health consequences of exposure to elevated levels of nitrogen dioxide); 75 FR 35,520 (regarding the specific human health consequences of exposure to elevated levels of sulfur dioxide). I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This proposed action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. J. National Technology Transfer and Advancement Act This proposed action does not involve technical standards. This action merely proposes to redesignate the Kalispel Reservation as a Class I area for the purposes of the PSD permitting requirements. amozie on DSK3GDR082PROD with PROPOSALS1 K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 18:01 Oct 30, 2018 Jkt 247001 Subpart WW—Washington The statutory authority for this proposed action is provided by sections 110, 301 and 164 of the CAA as amended (42 U.S.C. 7410, 7601, and 7474) and 40 CFR part 52. 4. In § 52.2497, add paragraph (d) to read as follows: ■ § 52.2497 quality. Significant deterioration of air * List of Subjects 40 CFR Part 49 Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Indians, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements. 40 CFR Part 52 Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. Dated: October 17, 2018. Chris Hladick, Regional Administrator, Region 10. The EPA believes that this proposed action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). Prior to this proposal, the EPA reviewed population centers within and around the Kalispel Indian Reservation to identify areas with environmental justice concerns. The results of this review are included in the docket for this proposed action. Redesignating the Kalispel Indian Reservation will not have an adverse human health or environmental effect on residents within the Reservation or in the surrounding community. On the contrary, by lowering the applicable PSD increments, the redesignation will be more protective of air quality. The following pollutants are subject to the increment requirement: Fine Particulate Matter (PM2.5), Coarse Particulate Matter (PM10), Sulfur Dioxide (SO2), and Nitrogen Dioxide (NO2). Exposure to these pollutants is known to have a causal relationship with adverse health effects, such as premature mortality (PM2.5, PM10, SO2), exacerbation of asthma (NO2 and SO2), and other respiratory effects (NO2 and SO2). See 78 FR 3086, 82 FR 34,792, and 75 FR 35,520. Therefore, a reduction of the allowable emissions of these pollutants in this area lowers the risk to the surrounding communities of adverse health effects. VerDate Sep<11>2014 IV. Statutory Authority For the reasons stated in the preamble, 40 CFR parts 49 and 52 are proposed to be amended as follows: * * * * (d) The regulations at 40 CFR 49.10191 through 49.10220 contain the Federal Implementation Plan for the Kalispel Indian Community of the Kalispel Reservation, Washington. The regulation at 40 CFR 49.10198(b) designates the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, as a Class I area for purposes of prevention of significant deterioration of air quality. [FR Doc. 2018–23474 Filed 10–30–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 206, 211, and 213 [Docket DARS–2018–0052] RIN 0750–AJ50 PART 49—INDIAN COUNTRY: AIR QUALITY PLANNING AND MANAGEMENT 1. The authority citation for part 49 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart M—Implementation Plans for Tribes—Region X 2. Revise § 49.10198 to read as follows: ■ § 49.10198 Permits to construct. (a) Permits to construct are required for new major stationary sources and major modifications to existing stationary sources pursuant to 40 CFR 52.21. (b) In accordance with section 164 of the Clean Air Act and the provisions of 40 CFR 52.21(g), the original Kalispel Reservation, as established by Executive Order No. 1904, signed by President Woodrow Wilson on March 23, 1914, is designated as a Class I area for the purposes of prevention of significant deterioration of air quality. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 3. The authority citation for part 52 continues to read as follows: ■ Authority: 42 U.S.C. 7401 et seq. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 Defense Federal Acquisition Regulation Supplement: Brand Name or Equal (DFARS Case 2017–D040) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. AGENCY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that requires the use of brand name or equivalent descriptions or proprietary specifications or standards in solicitations to be justified and approved. SUMMARY: Comments on the proposed rule should be submitted in writing to the address shown below on or before December 31, 2018, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2017–D040, using any of the following methods: Æ Federal eRulemaking Portal: http:// www.regulations.gov. Search for ‘‘DFARS Case 2017–D040.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS Case 2017–D040’’ on any attached documents. DATES: E:\FR\FM\31OCP1.SGM 31OCP1 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules Æ Email: osd.dfars@mail.mil. Include DFARS Case 2017–D040 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Carrie Moore, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to revise the DFARS to implement section 888(a) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114–328). Section 888(a) requires that competition on DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations, unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f). The requirements of 10 U.S.C. 2304(f) are implemented in Federal Acquisition Regulation (FAR) sections 6.303 and 6.304, which address the content, format, and approval authorities for justifications for other than full and open competition. amozie on DSK3GDR082PROD with PROPOSALS1 II. Discussion and Analysis Currently, FAR 6.302–1(c)(2) states that brand name or equal descriptions, and other purchase descriptions that permit prospective contractors to offer products other than those specifically referenced by brand-name, provide for full and open competition and do not require justifications and approvals to support their use. This rule proposes to amend DFARS 206.302–1 to add a new paragraph (c)(2) to advise contracting officers that, notwithstanding FAR 6.302–1(c)(2), a justification and approval described at FAR 6.303 is required when using brand name or equal descriptions. A new paragraph (S– 70) is also added to provide a similar instruction for proprietary specifications or standards. FAR subpart 13.5 provides simplified procedures for certain commercial items. FAR 13.501(a) requires a justification and approval for sole VerDate Sep<11>2014 17:15 Oct 30, 2018 Jkt 247001 source (including brand name) acquisitions. The content and approval requirements for these justifications are similar to those required under FAR 6.303, but cite to a different authority. This rule proposes to amend DFARS 213.501 to advise contracting officers that a justification and approval for brand name or equal descriptions or proprietary specifications or standards is required when using FAR subpart 13.5 simplified procedures for the acquisition of certain commercial items. In addition, FAR section 11.104 addresses requirements for the use of brand name or equal purchase descriptions. As such, this rule proposes to add DFARS section 211.104 to direct contracting officers to the new requirements at 206.302–1 and 213.501 to complete a justification and approval prior to using brand name or equal purchase descriptions. Similar direction for use of proprietary specifications and standards is also provided in new DFARS section 211.170. 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 propose to create any new DFARS clauses or amend any existing DFARS clauses. 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 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 anticipated to be subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. VI. 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 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 54697 Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule is only implementing changes to internal Government procedures. However, an initial regulatory flexibility analysis (IRFA) has been performed and is summarized as follows: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 888(a) of the National Defense Authorization Act for Fiscal Year 2017. Section 888(a) requires that competition in DoD contracts not be limited through the use of brand name or equivalent descriptions, or proprietary specifications or standards, in solicitations unless a justification for such specification is provided and approved in accordance with 10 U.S.C. 2304(f). The objective of this proposed rule is to ensure that contracting officers execute a justification and approval in accordance with FAR 6.302–1 when including brand name or equal descriptions, or proprietary specifications or standards in a solicitation. DoD does not expect this 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. The Federal Procurement Data System (FPDS) does not collect data on contracts awarded using brand name or equal descriptions or contracts that were competed and included proprietary specifications or standards. Currently, brand name or equal descriptions are procured through competitive procedures, but FPDS does not identify the subset of contracts that were awarded competitively using such descriptions. FPDS can provide the number of offers received in response to a solicitation. This subset can help DoD better identify the number of competitive requirements that may have used such descriptions, specifications, or standards, but only received one offer for various reasons. According to FPDS, there were 127,536 contracts and orders competed and awarded in FY 2017 that only received one offer. Of the 127,536 new awards, 76,179 (60%) of these actions were awarded to 9,823 unique small business entities. The proposed rule applies to all entities who do business with the Federal Government and is not expected to have a significant impact on these entities, regardless of business size. This proposed rule does not include any new reporting, recordkeeping, or other compliance requirements for small businesses. The proposed rule does not E:\FR\FM\31OCP1.SGM 31OCP1 54698 Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules duplicate, overlap, or conflict with any other Federal rules. There are no known significant alternative approaches to the proposed rule that would meet the proposed objectives. 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–D040), in correspondence. 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 206, 211, and 213 DEPARTMENT OF DEFENSE Defense Acquisition Regulations System PART 211—DESCRIBING AGENCY NEEDS 3. Section 211.104 is added to subpart 211.1 to read as follows: ■ 211.104 Use of brand name or equal purchase descriptions. A justification and approval is required to use brand name or equal purchase descriptions. (1) See 206.302–1(c)(2) for justification requirements when using sealed bidding or negotiated acquisition procedures. (2) See 213.501(a)(ii) for justification requirement when using simplified procedures for certain commercial items. ■ 4. Section 211.170 is added to subpart 211.1 to read as follows: 211.170 Use of proprietary specifications or standards. Government procurement. Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. A justification and approval is required to use proprietary specifications and standards. (1) See 206.302–1(S–70) for justification requirements when using sealed bidding or negotiated acquisition procedures. (2) See 213.501(a)(ii) for justification requirements when using simplified procedures for certain commercial items. PART 206—COMPETITION REQUIREMENTS PART 213—SIMPLIFIED ACQUISITION PROCEDURES 2. In section 206.302–1, paragraph (c) is added to read as follows: ■ Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 206, 211, and 213 are proposed to be amended as follows: ■ 1. The authority citation for 48 CFR parts 206, 211, and 213 continues to read as follows: ■ 206.302–1 Only one responsible source and no other supplies or services will satisfy agency requirements. * amozie on DSK3GDR082PROD with PROPOSALS1 proprietary specifications and standards. * * * * * * * * * (c) Application for brand-name descriptions. (2) Notwithstanding FAR 6.302–1(c)(2), in accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328), the justification and approval addressed in FAR 6.303 is required in order to use brand name or equal descriptions. (S–70) Application for proprietary specifications or standards. In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328), the justification and approval addressed in FAR 6.303 is required in order to use VerDate Sep<11>2014 17:15 Oct 30, 2018 Jkt 247001 5. Section 213.501 is amended by— ■ a. Designating paragraph (a) as paragraph (i); and ■ b. Adding new paragraph (ii) to read as follows: 213.501 Special documentation requirements. * * * * * (ii) In accordance with section 888(a) of the National Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114– 328), the justification and approval addressed in FAR 13.501(a) is required in order to use brand name or equal descriptions or proprietary specifications and standards. [FR Doc. 2018–23676 Filed 10–30–18; 8:45 am] BILLING CODE 5001–06–P PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 48 CFR Parts 206, 215, 234, and 235 [Docket DARS–2018–0053] RIN 0750–AJ83 Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations (DFARS Case 2018–D021) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. AGENCY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement sections of the National Defense Authorization Act for Fiscal Year 2018 by expanding the definition of other competitive procedures, and extending the term and increasing the dollar value under the contract authority for advanced development of initial or additional prototype units. DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before December 31, 2018, to be considered in the formation of a final rule. ADDRESSES: Submit comments identified by DFARS Case 2018–D021, using any of the following methods: Æ Federal eRulemaking Portal: http:// www.regulations.gov. Search for ‘‘DFARS Case 2018–D021.’’ Select ‘‘Comment Now’’ and follow the instructions provided to submit a comment. Please include ‘‘DFARS Case 2018–D021’’ on any attached documents. Email: osd.dfars@mail.mil. Include DFARS Case 2018–D021 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Heather Kitchens, OUSD (A&S) DPC/DARS, Room 3B941, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Heather Kitchens, telephone 571–372– 6104. SUMMARY: E:\FR\FM\31OCP1.SGM 31OCP1

Agencies

[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Proposed Rules]
[Pages 54696-54698]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23676]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 206, 211, and 213

[Docket DARS-2018-0052]
RIN 0750-AJ50


Defense Federal Acquisition Regulation Supplement: Brand Name or 
Equal (DFARS Case 2017-D040)

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 implement a section of the National 
Defense Authorization Act for Fiscal Year 2017 that requires the use of 
brand name or equivalent descriptions or proprietary specifications or 
standards in solicitations to be justified and approved.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before December 31, 2018, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2017-D040, using 
any of the following methods:
    [cir] Federal eRulemaking Portal: http://www.regulations.gov. 
Search for ``DFARS Case 2017-D040.'' Select ``Comment Now'' and follow 
the instructions provided to submit a comment. Please include ``DFARS 
Case 2017-D040'' on any attached documents.

[[Page 54697]]

    [cir] Email: [email protected]. Include DFARS Case 2017-D040 in 
the subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 
Carrie Moore, OUSD(A&S)DPC/DARS, Room 3B941, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to revise the DFARS to implement section 888(a) of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 
(Pub. L. 114-328). Section 888(a) requires that competition on DoD 
contracts not be limited through the use of brand name or equivalent 
descriptions, or proprietary specifications or standards, in 
solicitations, unless a justification for such specification is 
provided and approved in accordance with 10 U.S.C. 2304(f). The 
requirements of 10 U.S.C. 2304(f) are implemented in Federal 
Acquisition Regulation (FAR) sections 6.303 and 6.304, which address 
the content, format, and approval authorities for justifications for 
other than full and open competition.

II. Discussion and Analysis

    Currently, FAR 6.302-1(c)(2) states that brand name or equal 
descriptions, and other purchase descriptions that permit prospective 
contractors to offer products other than those specifically referenced 
by brand-name, provide for full and open competition and do not require 
justifications and approvals to support their use. This rule proposes 
to amend DFARS 206.302-1 to add a new paragraph (c)(2) to advise 
contracting officers that, notwithstanding FAR 6.302-1(c)(2), a 
justification and approval described at FAR 6.303 is required when 
using brand name or equal descriptions. A new paragraph (S-70) is also 
added to provide a similar instruction for proprietary specifications 
or standards.
    FAR subpart 13.5 provides simplified procedures for certain 
commercial items. FAR 13.501(a) requires a justification and approval 
for sole source (including brand name) acquisitions. The content and 
approval requirements for these justifications are similar to those 
required under FAR 6.303, but cite to a different authority. This rule 
proposes to amend DFARS 213.501 to advise contracting officers that a 
justification and approval for brand name or equal descriptions or 
proprietary specifications or standards is required when using FAR 
subpart 13.5 simplified procedures for the acquisition of certain 
commercial items.
    In addition, FAR section 11.104 addresses requirements for the use 
of brand name or equal purchase descriptions. As such, this rule 
proposes to add DFARS section 211.104 to direct contracting officers to 
the new requirements at 206.302-1 and 213.501 to complete a 
justification and approval prior to using brand name or equal purchase 
descriptions. Similar direction for use of proprietary specifications 
and standards is also provided in new DFARS section 211.170.

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 propose to create any new DFARS clauses or amend 
any existing DFARS clauses.

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 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 anticipated to be subject to E.O. 13771, because 
this rule is not a significant regulatory action under E.O. 12866.

VI. 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 the rule is only implementing changes to internal Government 
procedures. However, an initial regulatory flexibility analysis (IRFA) 
has been performed and is summarized as follows:
    DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement section 888(a) of the 
National Defense Authorization Act for Fiscal Year 2017. Section 888(a) 
requires that competition in DoD contracts not be limited through the 
use of brand name or equivalent descriptions, or proprietary 
specifications or standards, in solicitations unless a justification 
for such specification is provided and approved in accordance with 10 
U.S.C. 2304(f).
    The objective of this proposed rule is to ensure that contracting 
officers execute a justification and approval in accordance with FAR 
6.302-1 when including brand name or equal descriptions, or proprietary 
specifications or standards in a solicitation.
    DoD does not expect this 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. The Federal 
Procurement Data System (FPDS) does not collect data on contracts 
awarded using brand name or equal descriptions or contracts that were 
competed and included proprietary specifications or standards. 
Currently, brand name or equal descriptions are procured through 
competitive procedures, but FPDS does not identify the subset of 
contracts that were awarded competitively using such descriptions.
    FPDS can provide the number of offers received in response to a 
solicitation. This subset can help DoD better identify the number of 
competitive requirements that may have used such descriptions, 
specifications, or standards, but only received one offer for various 
reasons. According to FPDS, there were 127,536 contracts and orders 
competed and awarded in FY 2017 that only received one offer. Of the 
127,536 new awards, 76,179 (60%) of these actions were awarded to 9,823 
unique small business entities. The proposed rule applies to all 
entities who do business with the Federal Government and is not 
expected to have a significant impact on these entities, regardless of 
business size.
    This proposed rule does not include any new reporting, 
recordkeeping, or other compliance requirements for small businesses. 
The proposed rule does not

[[Page 54698]]

duplicate, overlap, or conflict with any other Federal rules. There are 
no known significant alternative approaches to the proposed rule that 
would meet the proposed objectives.
    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-D040), in 
correspondence.

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 206, 211, and 213

    Government procurement.

Jennifer Lee Hawes,

Regulatory Control Officer, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 206, 211, and 213 are proposed to be 
amended as follows:

0
1. The authority citation for 48 CFR parts 206, 211, and 213 continues 
to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 206--COMPETITION REQUIREMENTS

0
2. In section 206.302-1, paragraph (c) is added to read as follows:


206.302-1   Only one responsible source and no other supplies or 
services will satisfy agency requirements.

* * * * *
    (c) Application for brand-name descriptions. (2) Notwithstanding 
FAR 6.302-1(c)(2), in accordance with section 888(a) of the National 
Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the 
justification and approval addressed in FAR 6.303 is required in order 
to use brand name or equal descriptions.
    (S-70) Application for proprietary specifications or standards. In 
accordance with section 888(a) of the National Defense Authorization 
Act for Fiscal Year 2017 (Pub. L. 114-328), the justification and 
approval addressed in FAR 6.303 is required in order to use proprietary 
specifications and standards.
* * * * *

PART 211--DESCRIBING AGENCY NEEDS

0
3. Section 211.104 is added to subpart 211.1 to read as follows:


211.104   Use of brand name or equal purchase descriptions.

    A justification and approval is required to use brand name or equal 
purchase descriptions.
    (1) See 206.302-1(c)(2) for justification requirements when using 
sealed bidding or negotiated acquisition procedures.
    (2) See 213.501(a)(ii) for justification requirement when using 
simplified procedures for certain commercial items.
0
4. Section 211.170 is added to subpart 211.1 to read as follows:


211.170   Use of proprietary specifications or standards.

    A justification and approval is required to use proprietary 
specifications and standards.
    (1) See 206.302-1(S-70) for justification requirements when using 
sealed bidding or negotiated acquisition procedures.
    (2) See 213.501(a)(ii) for justification requirements when using 
simplified procedures for certain commercial items.

PART 213--SIMPLIFIED ACQUISITION PROCEDURES

0
5. Section 213.501 is amended by--
0
a. Designating paragraph (a) as paragraph (i); and
0
b. Adding new paragraph (ii) to read as follows:


213.501   Special documentation requirements.

* * * * *
    (ii) In accordance with section 888(a) of the National Defense 
Authorization Act for Fiscal Year 2017 (Pub. L. 114-328), the 
justification and approval addressed in FAR 13.501(a) is required in 
order to use brand name or equal descriptions or proprietary 
specifications and standards.
[FR Doc. 2018-23676 Filed 10-30-18; 8:45 am]
 BILLING CODE 5001-06-P