Defense Federal Acquisition Regulation Supplement: Brand Name or Equal (DFARS Case 2017-D040), 54696-54698 [2018-23676]
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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.
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K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
18:01 Oct 30, 2018
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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.
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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: https://
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:
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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 https://
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.
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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
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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
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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
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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: https://
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 https://
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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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: https://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 https://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
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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.
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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
