Defense Federal Acquisition Regulation Supplement: Submission of Summary Subcontract Reports (DFARS Case 2017-D005), 65562-65564 [2018-27556]
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65562
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
amozie on DSK3GDR082PROD with RULES
footwear to enlisted members of the
Armed Forces upon their initial entry
into the Armed Forces.
With regard to implementation of
section 881(b), this rule will not apply
to any small entities at the prime
contract level, as there are only a few
prime contractors for the restricted
items, which are all U.S. firms that are
other than small businesses. For the
definition of ‘‘small business,’’ the
Regulatory Flexibility Act refers to the
Small Business Act, which in turn
allows the U.S. Small Business
Administration (SBA) Administrator to
specify detailed definitions or standards
(5 U.S.C. 601(3) and 15 U.S.C. 632(a)).
The SBA regulations at 13 CFR
121.105(a)(1) discuss who is a small
business, providing that except for small
agricultural cooperatives, a business
concern eligible for assistance from SBA
as a small business is a business entity
organized for profit, with a place of
business located in the United States,
and which operates primarily within the
United States or which makes a
significant contribution to the U.S.
economy through payment of taxes or
use of American products, materials or
labor. Therefore, if an item currently
purchased from a U.S. entity that is
other than a small business were to be
purchased from an entity in the
Australia or the United Kingdom, there
could be an impact on a few small
entities that are currently subcontractors
to a U.S. prime contractor.
There are no reporting, recordkeeping,
or other compliance requirements of the
rule, other than to furnish athletic
footwear compliant with the Berry
Amendment and the other restricted
items manufactured by a manufacturer
that is part of the national technology
and industrial base (which is now
expanded to include the United
Kingdom and Australia, as well as the
United States and Canada).
By extending the restriction of the
Berry Amendment to acquisitions that
do not exceed simplified acquisition
threshold, this rule may benefit small
entities that can provide Berry
Amendment-compliant athletic
footwear, because they may be more
able to compete for smaller acquisitions.
DoD was unable to identify any
alternatives that would meet the
requirements of the statutes).
VII. Paperwork Reduction Act
16:23 Dec 20, 2018
Jkt 247001
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. Amend section 225.7002–2 by
revising paragraph (a) to read as follows:
■
225.7002–2
Exceptions.
*
*
*
*
*
(a) Acquisitions at or below the
simplified acquisition threshold, except
for athletic footwear purchased by DoD
for use by members of the Army, Navy,
Air Force, or Marine Corps upon their
initial entry into the Armed Forces
(section 817 of the National Defense
Authorization Act for Fiscal Year 2017
(Pub. L. 114–328)).
*
*
*
*
*
225.7002–3
[Amended]
3. Amend section 225.7002–3, in
paragraph (a) by removing ‘‘commercial
items, that exceed the simplified
acquisition threshold’’ and adding
‘‘commercial items’’ in its place.
■
225.7004–1
225.7006–3
Waiver.
The waiver criteria at 225.7008(a)
apply to this restriction.
■ 8. Amend section 225.7006–4 by
revising paragraphs (a)(2) and (b)(2) to
read as follows:
225.7006–4 Solicitation provision and
contract clause.
(a) * * *
(2) A waiver has been granted.
(b) * * *
(2) A waiver has been granted.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7037
[Amended]
9. Amend section 252.225–7037 by:
a. Removing the provision date of
‘‘(JUN 2012)’’ and adding ‘‘(DEC 2018)’’
in its place; and
■ b. In paragraphs (a) and (b), removing
‘‘outlying areas, Canada,’’ and adding
‘‘outlying areas, Australia, Canada,’’ in
its place in both places.
■
■
252.225–7038
[Amended]
10. Amend section 252.225–7038 by:
a. Removing the provision date of
‘‘(JUN 2005)’’ and adding ‘‘(DEC 2018)’’
on its place; and
■ b. Removing ‘‘outlying areas,
Canada,’’ and adding ‘‘outlying areas,
Australia, Canada,’’ in its place.
■
■
[FR Doc. 2018–27557 Filed 12–20–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
[Amended]
4. Amend section 225.7004–1 by
removing ‘‘United States or Canada’’
and adding ‘‘United States, Australia,
Canada, or the United Kingdom’’ in its
place.
Defense Acquisition Regulations
System
225.7004–3
RIN 0750–AJ42
■
[Amended]
5. Amend section 225.7004–3 by:
a. In paragraph (a) by removing
‘‘manufactured in the United States or
Canada’’ and adding ‘‘manufactured in
the United States, Australia, Canada, or
the United Kingdom’’ in two places.
■ b. In paragraphs (a), (b), and (c) by
removing ‘‘United States and Canada’’
and adding ‘‘United States, Australia,
Canada, or the United Kingdom’’ in its
place wherever it appears.
■
■
225.7006–1
[Amended]
6. Amend section 225.7006–1 by
removing ‘‘United States or Canada’’
and adding ‘‘United States, Australia,
Canada, or the United Kingdom’’ in its
place.
■ 7. Revise section 225.7006–3 to read
as follows:
■
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).
VerDate Sep<11>2014
List of Subjects in 48 CFR Parts 225 and
252
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48 CFR Part 252
[Docket DARS–2018–0018]
Defense Federal Acquisition
Regulation Supplement: Submission of
Summary Subcontract Reports
(DFARS Case 2017–D005)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to change the entity to which
contractors submit Summary
Subcontract Reports in the Electronic
Subcontracting Reporting System (eSRS)
and to change the entity that
acknowledges receipt of, or rejects, the
reports in eSRS.
SUMMARY:
E:\FR\FM\21DER1.SGM
21DER1
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
Effective December 21, 2018.
Ms.
Jennifer D. Johnson, telephone 571–
372–6100.
SUPPLEMENTARY INFORMATION:
DATES:
FOR FURTHER INFORMATION CONTACT:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 30666 on June
29, 2018, to implement a policy that
streamlines the submission and review
of Summary Subcontract Reports (SSRs)
for DoD contractors and brings the
DFARS into compliance with changes to
the Federal Acquisition Regulation
(FAR). Instead of submitting multiple
SSRs to departments and agencies
within DoD, contractors with individual
subcontracting plans will submit a
single, consolidated SSR in eSRS at the
DoD level. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
There were no public comments
submitted in response to the proposed
rule. There are no changes made to the
final rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule amends the clause at DFARS
252.219–7003, Small Business
Subcontracting Plan (DoD Contracts),
and its Alternate I. The objective of the
rule is to simplify the submission and
review of SSRs in eSRS.
DoD does not apply the clause and its
Alternate I to solicitations and contracts
with a value at or below the Simplified
Acquisition Threshold, because
subcontracting plans are not required at
that dollar value.
DoD currently applies the clause and
its Alternate I to solicitations and
contracts for the acquisition of
commercial items, including
commercially available off-the-shelf
(COTS) items, as defined at FAR 2.101.
Not applying this guidance to contracts
for the acquisition of commercial items,
including COTS items, would exclude
contracts intended to be included in the
streamlined SSRs and undermine the
overarching purpose of the rule. As
such, DoD is applying the rule to
contracts for the acquisition of
commercial items, including COTS
items.
III. Expected Cost Savings
This rule amends the DFARS to
implement a policy that streamlines the
submission and review of SSRs for DoD
contractors. Instead of the current
practice of submitting multiple SSRs to
various departments or agencies within
DoD, contractors with individual
Summary
To access the full regulatory cost
analysis for this rule, go to the Federal
eRulemaking Portal at
www.regulations.gov, search for
‘‘DFARS Case 2017–D005,’’ click ‘‘Open
Docket,’’ and view ‘‘Supporting
Documents.’’
amozie on DSK3GDR082PROD with RULES
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
VerDate Sep<11>2014
16:23 Dec 20, 2018
Jkt 247001
subcontracting plans will submit one
consolidated SSR at the DoD level in
eSRS. The consolidated SSR will be
acknowledged or rejected in eSRS at the
DoD level.
This rule impacts only large
businesses that have individual
subcontracting plans and at least one
contract with DoD. Although the clause
at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I currently
require large business contractors to
submit SSRs to the department or
agency within DoD that administers the
majority of the contractor’s individual
subcontracting plans, these contractors
frequently must submit SSRs to each
department or agency within DoD with
which they have contracts. This results
in extra work for the contractors and
creates problems with duplicate
subcontracting data. By requiring
submission and review of SSRs at the
DoD level, this rule resolves these
issues.
The following is a summary of the
estimated public cost savings calculated
in 2016 dollars at a 7-percent discount
rate and in perpetuity:
Public
Present Value ............................................................................................................
Annualized Costs .......................................................................................................
Annualized Value Costs (as of 2016 if Year 1 is 2019) ............................................
V. Executive Order 13771
This final rule is considered to be an
E.O. 13771 deregulatory action. The
total annualized value of the cost
savings is $27,764 (as of 2016 if Year 1
is 2019). Details on the estimated cost
savings can be found in section III of
this preamble.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis
(FRFA) has been prepared consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This final rule is necessary to provide
updates on the submission and review
of Summary Subcontract Reports (SSRs)
in the Electronic Subcontracting
Reporting System (eSRS). This rule
amends the DFARS to require
contractors with individual
PO 00000
Frm 00079
Fmt 4700
Sfmt 4700
Government
¥$384,404
¥26,908
¥21,965
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
65563
¥$101,487
¥7,104
¥5,799
Total
¥$485,891
¥34,012
¥27,764
subcontracting plans to submit a single,
consolidated SSR in eSRS at the DoD
level instead of submitting multiple
SSRs to departments and agencies
within DoD. The consolidated SSR will
be acknowledged or rejected in eSRS at
the DoD level. The rule will bring the
clause at DFARS 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts), and its Alternate I, into
compliance with the requirement for a
consolidated SSR in the clause at FAR
52.219–9, Small Business
Subcontracting Plan.
There were no issues raised by the
public in response to the initial
regulatory flexibility analysis provided
in the proposed rule.
The rule will apply to DoD
contractors who have individual
subcontracting plans and must comply
with the clause at DFARS 252.219–
7003. Small entities are not required to
comply with this clause and, therefore,
will not be affected by the rule.
E:\FR\FM\21DER1.SGM
21DER1
65564
Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations
The rule does not impose any
reporting or recordkeeping requirements
on any small entities.
There are no known alternative
approaches that would accomplish the
stated objectives.
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 Part 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for part 252
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 252.219–7003 by—
a. Removing the clause date of ‘‘(APR
2018)’’ and adding ‘‘(DEC 2018)’’ in its
place;
■ b. Revising paragraphs (a), (b),
(f)(1)(ii), and (f)(2)(ii);
■ c. Removing paragraph (f)(2)(iii); and
■ d. In Alternate I—
■ i. Removing the clause date of ‘‘(APR
2018)’’ and adding ‘‘(DEC 2018)’’ in its
place; and
■ ii. Revising paragraphs (a), (b),
(f)(1)(ii), and (f)(2).
The revisions reads as follows:
amozie on DSK3GDR082PROD with RULES
■
■
(ii) Submit the consolidated SSR for
an individual subcontracting plan to the
‘‘Department of Defense.’’
(2) * * *
(ii) The authority to acknowledge
receipt of or reject SSRs submitted
under an individual subcontracting plan
resides with the SSR Coordinator.
*
*
*
*
*
Alternate I. * * *
(a) Definitions. Summary Subcontract
Report (SSR) Coordinator, as used in
this clause, means the individual who is
registered in the Electronic
Subcontracting Reporting System (eSRS)
at the Department of Defense level and
is responsible for acknowledging receipt
or rejecting SSRs submitted under an
individual subcontracting plan in eSRS
for the Department of Defense.
(b) Subcontracts awarded to qualified
nonprofit agencies designated by the
Committee for Purchase From People
Who Are Blind or Severely Disabled (41
U.S.C. 8502–8504), may be counted
toward the Contractor’s small business
subcontracting goal.
*
*
*
*
*
(f)(1) * * *
(ii) Submit the consolidated SSR to
the ‘‘Department of Defense.’’
(2) For DoD, the authority to
acknowledge receipt of or reject SSRs
submitted under an individual
subcontracting plan in eSRS resides
with the SSR Coordinator.
*
*
*
*
*
[FR Doc. 2018–27556 Filed 12–20–18; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
252.219–7003 Small Business
Subcontracting Plan (DoD Contracts).
49 CFR Part 383
*
[Docket No. FMCSA–2016–0346]
*
*
*
*
(a) Definitions. Summary Subcontract
Report (SSR) Coordinator, as used in
this clause, means the individual who is
registered in the Electronic
Subcontracting Reporting System (eSRS)
at the Department of Defense level and
is responsible for acknowledging receipt
or rejecting SSRs submitted under an
individual subcontracting plan in eSRS
for the Department of Defense.
(b) Subcontracts awarded to qualified
nonprofit agencies designated by the
Committee for Purchase From People
Who Are Blind or Severely Disabled (41
U.S.C. 8502–8504), may be counted
toward the Contractor’s small business
subcontracting goal.
*
*
*
*
*
(f)(1) * * *
VerDate Sep<11>2014
16:23 Dec 20, 2018
Jkt 247001
Commercial Learner’s Permit Validity
Federal Motor Carrier Safety
Administration (FMCSA), DOT.
ACTION: Final rule.
AGENCY:
FMCSA amends the Federal
Motor Carrier Safety Regulations
(FMCSRs) to allow States the option of
issuing a commercial learner’s permit
(CLP) with an expiration date of up to
one year from the date of initial
issuance. The CLP must be valid for no
more than one year from the initial date
of issuance without requiring the CLP
holder to retake the general and
endorsement knowledge tests. CLPs
PO 00000
Frm 00080
Fmt 4700
Sfmt 4700
I. Rulemaking Documents
A. Availability of Rulemaking
Documents
For access to docket FMCSA–2016–
0346 to read background documents and
comments received, go to https://
www.regulations.gov at any time, or to
Docket Services at U.S. Department of
Transportation, Room W12–140, 1200
New Jersey Avenue SE, Washington, DC
20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
B. Privacy Act
RIN 2126–AB98
SUMMARY:
issued for a period of less than one year
may be renewed provided the CLP is not
valid for more than one year from the
date of initial issuance. This rule does
not require a State to revise its current
CLP issuance practices, unless it
chooses to do so. This rule is a
deregulatory action as defined by
Executive Order (E.O.) 13771,
‘‘Reducing Regulation and Controlling
Regulatory Costs.’’
DATES: This final rule is effective
February 19, 2019.
Petitions for Reconsideration of this
final rule must be submitted to the
FMCSA Administrator no later than
January 22, 2019.
FOR FURTHER INFORMATION CONTACT: Mr.
Selden Fritschner, CDL Division,
Federal Motor Carrier Safety
Administration, 1200 New Jersey
Avenue SE, Washington, DC 20590–
0001, by email at Selden.Fritschner@
dot.gov, or by telephone at 202–366–
0677. If you have questions on viewing
or submitting material to the docket,
contact Docket Services, telephone (202)
366–9826.
SUPPLEMENTARY INFORMATION:
In accordance with 5 U.S.C. 553(c),
DOT solicits comments from the public
to better inform its rulemaking process.
DOT posts these comments, without
edit, including any personal information
the commenter provides, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
II. Executive Summary
Purpose and Summary of the Major
Provisions
This final rule allows States the
option of issuing a CLP valid for up to
one year from the date of initial
issuance. Within that one year period,
the CLP may be renewed at the State’s
discretion, but if it is renewed, the CLP
may not be valid for more than a total
of one year from the date of initial
E:\FR\FM\21DER1.SGM
21DER1
]]>Agencies
[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65562-65564]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27556]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2018-0018]
RIN 0750-AJ42
Defense Federal Acquisition Regulation Supplement: Submission of
Summary Subcontract Reports (DFARS Case 2017-D005)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to change the entity to which
contractors submit Summary Subcontract Reports in the Electronic
Subcontracting Reporting System (eSRS) and to change the entity that
acknowledges receipt of, or rejects, the reports in eSRS.
[[Page 65563]]
DATES: Effective December 21, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
571-372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 83 FR
30666 on June 29, 2018, to implement a policy that streamlines the
submission and review of Summary Subcontract Reports (SSRs) for DoD
contractors and brings the DFARS into compliance with changes to the
Federal Acquisition Regulation (FAR). Instead of submitting multiple
SSRs to departments and agencies within DoD, contractors with
individual subcontracting plans will submit a single, consolidated SSR
in eSRS at the DoD level. The consolidated SSR will be acknowledged or
rejected in eSRS at the DoD level.
There were no public comments submitted in response to the proposed
rule. There are no changes made to the final rule.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule amends the clause at DFARS 252.219-7003, Small Business
Subcontracting Plan (DoD Contracts), and its Alternate I. The objective
of the rule is to simplify the submission and review of SSRs in eSRS.
DoD does not apply the clause and its Alternate I to solicitations
and contracts with a value at or below the Simplified Acquisition
Threshold, because subcontracting plans are not required at that dollar
value.
DoD currently applies the clause and its Alternate I to
solicitations and contracts for the acquisition of commercial items,
including commercially available off-the-shelf (COTS) items, as defined
at FAR 2.101. Not applying this guidance to contracts for the
acquisition of commercial items, including COTS items, would exclude
contracts intended to be included in the streamlined SSRs and undermine
the overarching purpose of the rule. As such, DoD is applying the rule
to contracts for the acquisition of commercial items, including COTS
items.
III. Expected Cost Savings
This rule amends the DFARS to implement a policy that streamlines
the submission and review of SSRs for DoD contractors. Instead of the
current practice of submitting multiple SSRs to various departments or
agencies within DoD, contractors with individual subcontracting plans
will submit one consolidated SSR at the DoD level in eSRS. The
consolidated SSR will be acknowledged or rejected in eSRS at the DoD
level.
This rule impacts only large businesses that have individual
subcontracting plans and at least one contract with DoD. Although the
clause at DFARS 252.219-7003, Small Business Subcontracting Plan (DoD
Contracts), and its Alternate I currently require large business
contractors to submit SSRs to the department or agency within DoD that
administers the majority of the contractor's individual subcontracting
plans, these contractors frequently must submit SSRs to each department
or agency within DoD with which they have contracts. This results in
extra work for the contractors and creates problems with duplicate
subcontracting data. By requiring submission and review of SSRs at the
DoD level, this rule resolves these issues.
The following is a summary of the estimated public cost savings
calculated in 2016 dollars at a 7-percent discount rate and in
perpetuity:
----------------------------------------------------------------------------------------------------------------
Summary Public Government Total
----------------------------------------------------------------------------------------------------------------
Present Value.......................................... -$384,404 -$101,487 -$485,891
Annualized Costs....................................... -26,908 -7,104 -34,012
Annualized Value Costs (as of 2016 if Year 1 is 2019).. -21,965 -5,799 -27,764
----------------------------------------------------------------------------------------------------------------
To access the full regulatory cost analysis for this rule, go to
the Federal eRulemaking Portal at www.regulations.gov, search for
``DFARS Case 2017-D005,'' click ``Open Docket,'' and view ``Supporting
Documents.''
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 final rule is considered to be an E.O. 13771 deregulatory
action. The total annualized value of the cost savings is $27,764 (as
of 2016 if Year 1 is 2019). Details on the estimated cost savings can
be found in section III of this preamble.
VI. Regulatory Flexibility Act
A final regulatory flexibility analysis (FRFA) has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This final rule is necessary to provide updates on the submission
and review of Summary Subcontract Reports (SSRs) in the Electronic
Subcontracting Reporting System (eSRS). This rule amends the DFARS to
require contractors with individual subcontracting plans to submit a
single, consolidated SSR in eSRS at the DoD level instead of submitting
multiple SSRs to departments and agencies within DoD. The consolidated
SSR will be acknowledged or rejected in eSRS at the DoD level. The rule
will bring the clause at DFARS 252.219-7003, Small Business
Subcontracting Plan (DoD Contracts), and its Alternate I, into
compliance with the requirement for a consolidated SSR in the clause at
FAR 52.219-9, Small Business Subcontracting Plan.
There were no issues raised by the public in response to the
initial regulatory flexibility analysis provided in the proposed rule.
The rule will apply to DoD contractors who have individual
subcontracting plans and must comply with the clause at DFARS 252.219-
7003. Small entities are not required to comply with this clause and,
therefore, will not be affected by the rule.
[[Page 65564]]
The rule does not impose any reporting or recordkeeping
requirements on any small entities.
There are no known alternative approaches that would accomplish the
stated objectives.
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 Part 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 252.219-7003 by--
0
a. Removing the clause date of ``(APR 2018)'' and adding ``(DEC 2018)''
in its place;
0
b. Revising paragraphs (a), (b), (f)(1)(ii), and (f)(2)(ii);
0
c. Removing paragraph (f)(2)(iii); and
0
d. In Alternate I--
0
i. Removing the clause date of ``(APR 2018)'' and adding ``(DEC 2018)''
in its place; and
0
ii. Revising paragraphs (a), (b), (f)(1)(ii), and (f)(2).
The revisions reads as follows:
252.219-7003 Small Business Subcontracting Plan (DoD Contracts).
* * * * *
(a) Definitions. Summary Subcontract Report (SSR) Coordinator, as
used in this clause, means the individual who is registered in the
Electronic Subcontracting Reporting System (eSRS) at the Department of
Defense level and is responsible for acknowledging receipt or rejecting
SSRs submitted under an individual subcontracting plan in eSRS for the
Department of Defense.
(b) Subcontracts awarded to qualified nonprofit agencies designated
by the Committee for Purchase From People Who Are Blind or Severely
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's
small business subcontracting goal.
* * * * *
(f)(1) * * *
(ii) Submit the consolidated SSR for an individual subcontracting
plan to the ``Department of Defense.''
(2) * * *
(ii) The authority to acknowledge receipt of or reject SSRs
submitted under an individual subcontracting plan resides with the SSR
Coordinator.
* * * * *
Alternate I. * * *
(a) Definitions. Summary Subcontract Report (SSR) Coordinator, as
used in this clause, means the individual who is registered in the
Electronic Subcontracting Reporting System (eSRS) at the Department of
Defense level and is responsible for acknowledging receipt or rejecting
SSRs submitted under an individual subcontracting plan in eSRS for the
Department of Defense.
(b) Subcontracts awarded to qualified nonprofit agencies designated
by the Committee for Purchase From People Who Are Blind or Severely
Disabled (41 U.S.C. 8502-8504), may be counted toward the Contractor's
small business subcontracting goal.
* * * * *
(f)(1) * * *
(ii) Submit the consolidated SSR to the ``Department of Defense.''
(2) For DoD, the authority to acknowledge receipt of or reject SSRs
submitted under an individual subcontracting plan in eSRS resides with
the SSR Coordinator.
* * * * *
[FR Doc. 2018-27556 Filed 12-20-18; 8:45 am]
BILLING CODE 5001-06-P
