Defense Federal Acquisition Regulation Supplement: Amendments Related to General Solicitations (DFARS Case 2018-D021), 54698-54700 [2018-23677]
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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.
*
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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
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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]
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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:
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SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS
to implement sections 221 and 861 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2018 (Pub.
L. 115–91).
Section 221 amends 10 U.S.C.
2302(2)(B) to allow for an expanded
application of other competitive
procedures by replacing the words
‘‘basic research’’ with ‘‘science and
technology’’. Competitive procedures
are defined in 10 U.S.C. 2302(2) as ‘‘. . .
procedures under which the head of an
agency enters into a contract pursuant to
full and open competition.’’ Changing
the words ‘‘basic research’’ to ‘‘science
and technology’’ expands the authority
to use other competitive procedures for
‘‘advanced technology development’’
and ‘‘advanced component development
and prototypes’’ research proposals, in
addition to the previously authorized
‘‘basic research’’ and ‘‘applied research’’
proposals. One of the solicitation
methods for research and development
proposals, a broad agency
announcement (BAA), is defined in the
Federal Acquisition Regulation (FAR) as
‘‘a general announcement of an agency’s
research interest including criteria for
selecting proposals and soliciting the
participation of all offerors capable of
satisfying the Government’s needs.’’
Section 221 permits the use of BAAs for
competitive selection of science and
technology proposals by authorizing the
use of the competitive procedures at 10
U.S.C. 2302(2)(B) that result from a
general solicitation and peer or
scientific review of such proposals—a
key element of the BAA process.
Section 861 amends 10 U.S.C. 2302e
to allow for an extended term limit and
increased dollar threshold under the
contract authority for advanced
development of initial or additional
prototype units awarded from a
competitive selection, as specified in 10
U.S.C. 2302(2)(B). The statutory term
limit extends from 12 months to 2 years
and the dollar threshold increases from
$20 million to $100 million in fiscal
year 2017 constant dollars (10 U.S.C.
2302e). Section 861 also amends 10
U.S.C. 2302e to repeal the obsolete
authority implemented by section 819 of
the NDAA for FY 2010 (Pub. L. 111–84),
thereby eliminating the expiration date
of the authority.
II. Discussion and Analysis
The proposed DFARS changes for the
other competitive procedures
authorized by section 221 and
implemented at 10 U.S.C. 2302(2)(B) are
as follows:
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• DFARS section 206.102, Use of
Competitive Procedures, is added with
a statement at paragraph (d)(2) that, for
DoD, the competitive selection of
science and technology proposals
resulting from a broad agency
announcement with peer or scientific
review, as described in 235.016(a),
satisfies the requirement for full and
open competition. This DFARS section
is added, notwithstanding FAR
6.102(d)(2), which limits other
competitive procedures to basic and
applied research proposals.
• DFARS 215.371–4(a)(4) is revised to
provide an only-one-offer exception for
the acquisition of science and
technology, as described in DFARS
235.016(a), instead of basic or applied
research or development, as specified in
FAR 35.016(a).
• DFARS 235.006–71 is added to
direct contracting officers who are
conducting acquisitions for research and
development in accordance with FAR
part 35 to DFARS 206.102(d)(2)
regarding competitive procedures for
science and technology proposals; and
• DFARS section 235.016, Broad
Agency Announcement, is revised to
provide that broad agency
announcements with peer or scientific
review may be used for science and
technology proposals, including four
categories of science and technology
proposals and their corresponding
budget activity codes.
The proposed changes to DFARS
234.005–1, Competition, for the contract
authority for advanced development of
initial or additional prototype units,
authorized by section 861 and
implemented at 10 U.S.C. 2302e, are as
follows:
• The term ‘‘general solicitation’’ is
replaced with ‘‘broad agency
announcement.’’
• The term limit is changed from 12
months to 2 years.
• The dollar threshold is increased
from $20 million to $100 million in
fiscal year 2017 constant dollars.
• The expiration date of September
30, 2019, is deleted.
In summary, this proposed rule
expands the application of other
competitive procedures to include the
competitive selection of science and
technology proposals beyond ‘‘basic
research’’ proposals. This proposed rule
also expands the contract authority for
advanced development of initial or
additional prototype units. These
procedures are internal to the
Government with minimal impact to the
public.
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54699
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 provisions or clauses or impact
any existing provisions or clauses.
IV. Executive Orders 12866 and 13563
Executive Order (E.O.s) 12866,
Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and
Regulatory Review, 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
is not a major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not anticipated to be an
E.O. 13771 regulatory action, because
this rule is not significant 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. This rule impact internal
Government procedures by expanding
the use of other competitive procedures
to include the competitive selection of
science and technology proposals and
expands the contract authority for
advanced development of initial or
additional prototype units. However, an
initial regulatory flexibility analysis has
been performed and is summarized as
follows:
This rule proposes to amend the
DFARS to implement sections 221 and
861 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2018.
Section 221 expands the definition of
‘‘competitive procedures’’ at 10 U.S.C.
2302(2)(B) by removing the term ‘‘basic
research’’ and adding ‘‘science and
technology’’ in its place. Section 861
implements a statutory modification to
10 U.S.C. 2302e to extend the term limit
and dollar threshold for the contract
authority for advanced development of
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Federal Register / Vol. 83, No. 211 / Wednesday, October 31, 2018 / Proposed Rules
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initial or additional prototype units
from 12 months to 2 years and from $20
million to $100 million in fiscal year
2017 constant dollars (10 U.S.C. 2302e),
respectively. The modification also
repeals the obsolete authority of section
819 of the NDAA for FY 2010 (Pub. L.
111–84), thereby eliminating the
expiration date of September 30, 2019,
for the contract authority for advanced
development of initial or additional
prototype units.
The objective of this rule is to
implement sections 221 and 861 to
establish broad agency announcements
as a competitive procedure that may be
used to select science and technology
proposals and to expand the term limit
and dollar threshold for the contract
authority for advanced development of
initial or additional prototype units.
In FY 2017, DoD awarded 1,853
contracts for research and development,
excluding Small Business Innovation
Research (SBIR) and Small Technology
Transfer Research (STTR) program
requirements. Approximately 53% of
those new contract actions were
awarded to 1,005 of unique small
business and nontraditional DoD
entities. There were 2,858 new contract
awards for SBIR and STTR program
requirements for DoD. Approximately
66% of those new contract actions were
awarded to 1,891 of unique small
business and nontraditional DoD
entities.
This proposed rule does not include
any new reporting or recordkeeping
requirements for 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 2018–D021), in
correspondence.
VerDate Sep<11>2014
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Jkt 247001
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,
215, 234 and 235
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 206, 215, 234,
and 235 are proposed to be amended as
follows:
■ 1. The authority citation for 48 CFR
parts 206, 215, 234, and 235 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
c. In the newly redesignated
introductory text, removing ‘‘general
solicitation’’ and adding ‘‘broad agency
announcement’’ in its place;
■ d. Redesignating paragraphs (i), (ii),
and (iii) as paragraphs (1), (2), and (3),
respectively;
■ e. In the newly redesignated
paragraph (2), removing ‘‘12 months’’
and adding ‘‘2 years’’ in its place; and
■ f. Revising the newly redesignated
paragraph (3) to read as follows:
■
234.005–1
Competition.
*
*
*
*
*
(3) The dollar value of the work to be
performed pursuant to the contract line
item or contract option shall not exceed
$100 million in fiscal year 2017
constant dollars. (10 U.S.C. 2302e).
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
5. Section 235.006–71 is amended
by—
■ a. Designating the text as paragraph
(b); and
■ b. Adding a new paragraph (a) to read
as follows:
■
PART 206—COMPETITION
REQUIREMENTS
2. Subpart 206.1 is added to read as
follows:
■
Subpart 206.1—Full and Open
Competition
206.102
Use of competitive procedures.
(d) Other competitive procedures. (2)
In lieu of FAR 6.102(d)(2), competitive
selection of science and technology
proposals resulting from a broad agency
announcement with peer or scientific
review, as described in 235.016(a) (10
U.S.C. 2302(2)(B)).
PART 215—CONTRACTING BY
NEGOTIATION
3. In section 215.371–4, paragraph
(a)(4) is revised to read as follows:
■
215.371–4
Exceptions.
(a) * * *
(4) Acquisitions of science and
technology, as specified in 235.016(a);
or
*
*
*
*
*
PART 234—MAJOR SYSTEM
ACQUISITION
4. Section 234.005–1 is amended by—
a. Removing paragraph (2);
b. Redesignating paragraph (1) as
introductory text;
■
■
■
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235.006–71
Competition.
(a) Use of a broad agency
announcement with peer or scientific
review for the award of science and
technology proposals in accordance
with 235.016(a) fulfills the requirement
for full and open competition (see
206.102(d)(2)).
*
*
*
*
*
■ 6. Section 235.016 is added to read as
follows:
235.016
Broad agency announcement.
(a) General. A broad agency
announcement with peer or scientific
review may be used for the award of
science and technology proposals.
Science and technology proposals
include proposals for the following:
(i) Basic research (budget activity 6.1).
(ii) Applied research (budget activity
6.2).
(iii) Advanced technology
development (budget activity 6.3).
(iv) Advanced component
development and prototypes (budget
activity 6.4).
[FR Doc. 2018–23677 Filed 10–30–18; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 83, Number 211 (Wednesday, October 31, 2018)]
[Proposed Rules]
[Pages 54698-54700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-23677]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
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)
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 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:
[cir] 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: [email protected]. Include DFARS Case 2018-D021 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] 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.
[[Page 54699]]
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement sections 221 and
861 of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2018 (Pub. L. 115-91).
Section 221 amends 10 U.S.C. 2302(2)(B) to allow for an expanded
application of other competitive procedures by replacing the words
``basic research'' with ``science and technology''. Competitive
procedures are defined in 10 U.S.C. 2302(2) as ``. . . procedures under
which the head of an agency enters into a contract pursuant to full and
open competition.'' Changing the words ``basic research'' to ``science
and technology'' expands the authority to use other competitive
procedures for ``advanced technology development'' and ``advanced
component development and prototypes'' research proposals, in addition
to the previously authorized ``basic research'' and ``applied
research'' proposals. One of the solicitation methods for research and
development proposals, a broad agency announcement (BAA), is defined in
the Federal Acquisition Regulation (FAR) as ``a general announcement of
an agency's research interest including criteria for selecting
proposals and soliciting the participation of all offerors capable of
satisfying the Government's needs.'' Section 221 permits the use of
BAAs for competitive selection of science and technology proposals by
authorizing the use of the competitive procedures at 10 U.S.C.
2302(2)(B) that result from a general solicitation and peer or
scientific review of such proposals--a key element of the BAA process.
Section 861 amends 10 U.S.C. 2302e to allow for an extended term
limit and increased dollar threshold under the contract authority for
advanced development of initial or additional prototype units awarded
from a competitive selection, as specified in 10 U.S.C. 2302(2)(B). The
statutory term limit extends from 12 months to 2 years and the dollar
threshold increases from $20 million to $100 million in fiscal year
2017 constant dollars (10 U.S.C. 2302e). Section 861 also amends 10
U.S.C. 2302e to repeal the obsolete authority implemented by section
819 of the NDAA for FY 2010 (Pub. L. 111-84), thereby eliminating the
expiration date of the authority.
II. Discussion and Analysis
The proposed DFARS changes for the other competitive procedures
authorized by section 221 and implemented at 10 U.S.C. 2302(2)(B) are
as follows:
DFARS section 206.102, Use of Competitive Procedures, is
added with a statement at paragraph (d)(2) that, for DoD, the
competitive selection of science and technology proposals resulting
from a broad agency announcement with peer or scientific review, as
described in 235.016(a), satisfies the requirement for full and open
competition. This DFARS section is added, notwithstanding FAR
6.102(d)(2), which limits other competitive procedures to basic and
applied research proposals.
DFARS 215.371-4(a)(4) is revised to provide an only-one-
offer exception for the acquisition of science and technology, as
described in DFARS 235.016(a), instead of basic or applied research or
development, as specified in FAR 35.016(a).
DFARS 235.006-71 is added to direct contracting officers
who are conducting acquisitions for research and development in
accordance with FAR part 35 to DFARS 206.102(d)(2) regarding
competitive procedures for science and technology proposals; and
DFARS section 235.016, Broad Agency Announcement, is
revised to provide that broad agency announcements with peer or
scientific review may be used for science and technology proposals,
including four categories of science and technology proposals and their
corresponding budget activity codes.
The proposed changes to DFARS 234.005-1, Competition, for the
contract authority for advanced development of initial or additional
prototype units, authorized by section 861 and implemented at 10 U.S.C.
2302e, are as follows:
The term ``general solicitation'' is replaced with ``broad
agency announcement.''
The term limit is changed from 12 months to 2 years.
The dollar threshold is increased from $20 million to $100
million in fiscal year 2017 constant dollars.
The expiration date of September 30, 2019, is deleted.
In summary, this proposed rule expands the application of other
competitive procedures to include the competitive selection of science
and technology proposals beyond ``basic research'' proposals. This
proposed rule also expands the contract authority for advanced
development of initial or additional prototype units. These procedures
are internal to the Government with minimal impact to the public.
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 provisions or clauses
or impact any existing provisions or clauses.
IV. Executive Orders 12866 and 13563
Executive Order (E.O.s) 12866, Regulatory Planning and Review; and
E.O. 13563, Improving Regulation and Regulatory Review, 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 is not a
major rule under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not anticipated to be an E.O. 13771 regulatory action,
because this rule is not significant 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. This
rule impact internal Government procedures by expanding the use of
other competitive procedures to include the competitive selection of
science and technology proposals and expands the contract authority for
advanced development of initial or additional prototype units. However,
an initial regulatory flexibility analysis has been performed and is
summarized as follows:
This rule proposes to amend the DFARS to implement sections 221 and
861 of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2018.
Section 221 expands the definition of ``competitive procedures'' at
10 U.S.C. 2302(2)(B) by removing the term ``basic research'' and adding
``science and technology'' in its place. Section 861 implements a
statutory modification to 10 U.S.C. 2302e to extend the term limit and
dollar threshold for the contract authority for advanced development of
[[Page 54700]]
initial or additional prototype units from 12 months to 2 years and
from $20 million to $100 million in fiscal year 2017 constant dollars
(10 U.S.C. 2302e), respectively. The modification also repeals the
obsolete authority of section 819 of the NDAA for FY 2010 (Pub. L. 111-
84), thereby eliminating the expiration date of September 30, 2019, for
the contract authority for advanced development of initial or
additional prototype units.
The objective of this rule is to implement sections 221 and 861 to
establish broad agency announcements as a competitive procedure that
may be used to select science and technology proposals and to expand
the term limit and dollar threshold for the contract authority for
advanced development of initial or additional prototype units.
In FY 2017, DoD awarded 1,853 contracts for research and
development, excluding Small Business Innovation Research (SBIR) and
Small Technology Transfer Research (STTR) program requirements.
Approximately 53% of those new contract actions were awarded to 1,005
of unique small business and nontraditional DoD entities. There were
2,858 new contract awards for SBIR and STTR program requirements for
DoD. Approximately 66% of those new contract actions were awarded to
1,891 of unique small business and nontraditional DoD entities.
This proposed rule does not include any new reporting or
recordkeeping requirements for 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 2018-D021), 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, 215, 234 and 235
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 206, 215, 234, and 235 are proposed to be
amended as follows:
0
1. The authority citation for 48 CFR parts 206, 215, 234, and 235
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 206--COMPETITION REQUIREMENTS
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2. Subpart 206.1 is added to read as follows:
Subpart 206.1--Full and Open Competition
206.102 Use of competitive procedures.
(d) Other competitive procedures. (2) In lieu of FAR 6.102(d)(2),
competitive selection of science and technology proposals resulting
from a broad agency announcement with peer or scientific review, as
described in 235.016(a) (10 U.S.C. 2302(2)(B)).
PART 215--CONTRACTING BY NEGOTIATION
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3. In section 215.371-4, paragraph (a)(4) is revised to read as
follows:
215.371-4 Exceptions.
(a) * * *
(4) Acquisitions of science and technology, as specified in
235.016(a); or
* * * * *
PART 234--MAJOR SYSTEM ACQUISITION
0
4. Section 234.005-1 is amended by--
0
a. Removing paragraph (2);
0
b. Redesignating paragraph (1) as introductory text;
0
c. In the newly redesignated introductory text, removing ``general
solicitation'' and adding ``broad agency announcement'' in its place;
0
d. Redesignating paragraphs (i), (ii), and (iii) as paragraphs (1),
(2), and (3), respectively;
0
e. In the newly redesignated paragraph (2), removing ``12 months'' and
adding ``2 years'' in its place; and
0
f. Revising the newly redesignated paragraph (3) to read as follows:
234.005-1 Competition.
* * * * *
(3) The dollar value of the work to be performed pursuant to the
contract line item or contract option shall not exceed $100 million in
fiscal year 2017 constant dollars. (10 U.S.C. 2302e).
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
5. Section 235.006-71 is amended by--
0
a. Designating the text as paragraph (b); and
0
b. Adding a new paragraph (a) to read as follows:
235.006-71 Competition.
(a) Use of a broad agency announcement with peer or scientific
review for the award of science and technology proposals in accordance
with 235.016(a) fulfills the requirement for full and open competition
(see 206.102(d)(2)).
* * * * *
0
6. Section 235.016 is added to read as follows:
235.016 Broad agency announcement.
(a) General. A broad agency announcement with peer or scientific
review may be used for the award of science and technology proposals.
Science and technology proposals include proposals for the following:
(i) Basic research (budget activity 6.1).
(ii) Applied research (budget activity 6.2).
(iii) Advanced technology development (budget activity 6.3).
(iv) Advanced component development and prototypes (budget activity
6.4).
[FR Doc. 2018-23677 Filed 10-30-18; 8:45 am]
BILLING CODE 5001-06-P
