Defense Federal Acquisition Regulation Supplement: Modification of the Limitations on Single-Source Task or Delivery Order Contracts (DFARS Case 2018-D060), 65559-65560 [2018-27560]

Download as PDF Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations detailed instructions binding the nominee to act in a specified manner. With respect to proxies given without full and detailed instructions, a statement showing the number of such proxies, by whom given and received, and the percentage of outstanding stock represented by each proxy shall be submitted by the licensee or permittee if the stock covered by such proxies has been voted. However, when the licensee or permittee is a corporation having more than 50 stockholders, such complete information need be filed only with respect to proxies given by stockholders who are officers or directors, or who have 1% or more of the corporation’s voting stock. When the licensee or permittee is a corporation having more than 50 stockholders and the stockholders giving the proxies are not officers or directors or do not hold 1% or more of the corporation’s stock, the only information required to be filed is the name of any person voting 1% or more of the stock by proxy, the number of shares voted by proxy by such person, and the total number of shares voted at the particular stockholders’ meeting in which the shares were voted by proxy. * * * * * (d) Other agreements: Subchannel leasing agreements for Subsidiary Communications Authorization operation; franchise/leasing agreements for operation of telecommunications services on the television vertical blanking interval and in the visual signal; time sales contracts with the same sponsor for 4 or more hours per day, except where the length of the events (such as athletic contests, musical programs and special events) broadcast pursuant to the contract is not under control of the station; and contracts with chief operators or other engineering personnel. PART 74—EXPERIMENTAL RADIO, AUXILIARY, SPECIAL BROADCAST AND OTHER PROGRAM DISTRIBUTIONAL SERVICES 6. The authority citation for part 74 continues to read as follows: ■ Authority: 47 U.S.C. 154, 302a, 303, 307, 309, 310, 336 and 554. amozie on DSK3GDR082PROD with RULES § 74.780 [Amended] 7. Section 74.780 is amended by revising the entry for ‘‘Section 73.3613—Filing of contracts (network affiliation contracts for low power TV stations only)’’ to read ‘‘Section 73.3613—Availability to FCC of station ■ VerDate Sep<11>2014 16:23 Dec 20, 2018 Jkt 247001 contracts (network affiliation contracts for low power TV stations only)’’. [FR Doc. 2018–26595 Filed 12–20–18; 8:45 am] BILLING CODE 6712–01–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 216 RIN 0750–AK21 Defense Federal Acquisition Regulation Supplement: Modification of the Limitations on Single-Source Task or Delivery Order Contracts (DFARS Case 2018–D060) 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 implement a section of the National Defense Authorization Act for Fiscal Year 2019 that modifies the limitations on awarding single-source task or delivery order contracts exceeding $112 million. DATES: Effective December 21, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD is amending the DFARS to implement section 816 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019. Section 816 amends 10 U.S.C. 2304a(d)(3)(A) by modifying the limitations on singlesource task or delivery order contracts. Currently, FAR 16.504(c)(1)(ii)(D)(1)(i) prohibits the award of a task or delivery order contract in an amount exceeding $112 million to a single source unless the head of the agency determines that the orders expected under the contract are so integrally related that only a single source can reasonably perform the work. Section 816 amends this limitation in 10 U.S.C. 2304a to require the head of the agency to determine that only a single source can ‘‘efficiently perform the work,’’ instead of ‘‘reasonably perform the work’’ as required by 41 U.S.C. 4103. This rule adds text to DFARS 216.504 to require agency heads to make the determination required by section 816, in lieu of the determination at FAR Frm 00075 Fmt 4700 Sfmt 4700 16.504(c)(1)(ii)(D)(1)(i). In addition, editorial changes are made in DFARS 215.504(c) to add paragraph headings and renumber subparagraphs to align with the FAR. II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not create any new provisions or clauses or impact any existing provisions or clauses. [Docket DARS–2018–0058] PO 00000 65559 III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is Office of Federal Procurement Policy statute (codified at title 41 of the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it only impacts determination and documentation processes that are internal to the agency. IV. Executive Orders 12866 and 13563 Executive Order (E.O.) 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. The Office of Management and Budget, Office of Information and Regulatory Affairs, has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2). E:\FR\FM\21DER1.SGM 21DER1 65560 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Rules and Regulations orders expected under the contract are so integrally related that only a single source can ‘‘efficiently perform the work,’’ instead of ‘‘reasonably perform the work’’ as required by the FAR. V. Executive Order 13771 This rule is not an E.O. 13771 regulatory action, because this rule is not significant under E.O. 12866. VI. Regulatory Flexibility Act 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 216 Government procurement. Therefore, 48 CFR part 216 is amended as follows: PART 216—TYPES OF CONTRACTS 1. The authority citation for part 216 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Amend section 216.504 by— a. Adding headings to paragraphs (c) and (c)(1); and ■ b. Revising paragraph (c)(1)(ii)(D). The additions and revision read as follows: ■ ■ amozie on DSK3GDR082PROD with RULES Indefinite-quantity contracts. (c) Multiple award preference—(1) Planning the acquisition. (ii)(D) A copy of each determination made in accordance with FAR 16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense Procurement and Acquisition Policy, via the OUSD(AT&L)DPAP/CPIC email address at osd.pentagon.ousdatl.mbx.cpic@mail.mil. (1) The authority to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the senior procurement executive. (i) In accordance with section 816 of the National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115–232), when making the determination at FAR 16.504(c)(1)(ii)(D)(1)(i), the agency head shall determine that the task or delivery 16:23 Dec 20, 2018 Jkt 247001 II. Discussion and Analysis RIN 0750–AJ22 The public comment received addressed concern with regard to importation of radioactive steel and use of radioactively contaminated scrap metal. This issue is outside the scope of this rule. There were no changes from the proposed rule as a result of this public comment. However, the final rule is affected by a change in the baseline. On May 30, 2018, DoD published a final rule in the Federal Register (83 FR 24890) to amend the DFARS to implement section 813(a) of the NDAA for FY 2018 (Pub. L. 115–91), which amended 10 U.S.C. 2534(c) to establish a sunset date of October 1, 2018, for the limitation on procurement of chemical weapons antidote contained in automatic injectors (and components for such injectors). The final rule deleted DFARS 225.7005 in its entirety to remove the limitation as implemented in the DFARS. As a result, this final rule does not include the changes proposed to DFARS 225.7005–1. BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System Defense Federal Acquisition Regulation Supplement: Restrictions on Acquisitions From Foreign Sources (DFARS Case 2017–D011) 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 implement sections of the National Defense Authorization Act for Fiscal Year 2017 to apply domestic source requirements to acquisitions at or below the simplified acquisition threshold when acquiring athletic footwear to be furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces, and add Australia and the United Kingdom to the definition of the ‘‘National Technology and Industrial Base.’’ DATES: Effective December 21, 2018. FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571–372– 6106. SUPPLEMENTARY INFORMATION: SUMMARY: Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. VerDate Sep<11>2014 [Docket DARS–2018–0004] [FR Doc. 2018–27560 Filed 12–20–18; 8:45 am] Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) are not applicable. Accordingly, no regulatory flexibility analysis is required, and none has been prepared. 216.504 48 CFR Parts 225 and 252 United Kingdom of Great Britain and Northern Ireland to the United States and Canada as the countries within which the activities of the national technology and industrial base are conducted. 10 U.S.C. 2534, Miscellaneous Limitations on the Procurement of Goods Other Than United States Goods, requires that DoD only procure certain items if the manufacturer of the items is part of the national technology and industrial base. One respondent submitted a public comment in response to the proposed rule. I. Background DoD published a proposed rule in the Federal Register at 83 FR 42828 on August 24, 2018, to implement sections 817 and 881(b) of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017. Section 817 extends the domestic source requirements of 10 U.S.C. 2533a (the Berry Amendment) below the simplified acquisition threshold, when acquiring athletic footwear to be furnished to the members of the Army, Navy, Air Force, or Marine Corps upon their initial entry into the Armed Forces. Section 881(b) amends 10 U.S.C. 2500(1) by adding Australia and the PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule amends the applicability of existing DFARS solicitation provisions and contract clauses as follows: • To implement section 817 of the NDAA for FY 2017, this rule extends use of DFARS clause 252.225–7012, Preference for Certain Domestic Commodities, to acquisitions at or below the simplified acquisition threshold (SAT) when buying athletic footwear to be furnished to enlisted members of the Armed Forces upon their initial entry into the Armed Forces. This clause is already prescribed for use in solicitations and contracts using FAR part 12 procedures for the acquisition of commercial items, including commercially available offthe-shelf (COTS) items. E:\FR\FM\21DER1.SGM 21DER1

Agencies

[Federal Register Volume 83, Number 245 (Friday, December 21, 2018)]
[Rules and Regulations]
[Pages 65559-65560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27560]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 216

[Docket DARS-2018-0058]
RIN 0750-AK21


Defense Federal Acquisition Regulation Supplement: Modification 
of the Limitations on Single-Source Task or Delivery Order Contracts 
(DFARS Case 2018-D060)

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 implement a section of the 
National Defense Authorization Act for Fiscal Year 2019 that modifies 
the limitations on awarding single-source task or delivery order 
contracts exceeding $112 million.

DATES: Effective December 21, 2018.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to implement section 816 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019. Section 816 
amends 10 U.S.C. 2304a(d)(3)(A) by modifying the limitations on single-
source task or delivery order contracts. Currently, FAR 
16.504(c)(1)(ii)(D)(1)(i) prohibits the award of a task or delivery 
order contract in an amount exceeding $112 million to a single source 
unless the head of the agency determines that the orders expected under 
the contract are so integrally related that only a single source can 
reasonably perform the work. Section 816 amends this limitation in 10 
U.S.C. 2304a to require the head of the agency to determine that only a 
single source can ``efficiently perform the work,'' instead of 
``reasonably perform the work'' as required by 41 U.S.C. 4103. This 
rule adds text to DFARS 216.504 to require agency heads to make the 
determination required by section 816, in lieu of the determination at 
FAR 16.504(c)(1)(ii)(D)(1)(i). In addition, editorial changes are made 
in DFARS 215.504(c) to add paragraph headings and renumber 
subparagraphs to align with the FAR.

II. 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 create any new provisions or clauses or impact 
any existing provisions or clauses.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is Office of Federal Procurement Policy 
statute (codified at title 41 of the United States Code). Specifically, 
41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation, 
procedure or form (including an amendment or modification thereof) must 
be published for public comment if it relates to the expenditure of 
appropriated funds, and has either a significant effect beyond the 
internal operating procedures of the agency issuing the policy, 
regulation, procedure, or form, or has a significant cost or 
administrative impact on contractors or offerors. This final rule is 
not required to be published for public comment, because it only 
impacts determination and documentation processes that are internal to 
the agency.

IV. Executive Orders 12866 and 13563

    Executive Order (E.O.) 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. The Office of Management and Budget, Office of Information 
and Regulatory Affairs, has determined that this is not a significant 
regulatory action as defined under section 3(f) of E.O. 12866 and, 
therefore, was not subject to review under section 6(b). This rule is 
not a major rule as defined at 5 U.S.C. 804(2).

[[Page 65560]]

V. Executive Order 13771

    This rule is not an E.O. 13771 regulatory action, because this rule 
is not significant under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required, and none has been prepared.

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 216

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 216 is amended as follows:

PART 216--TYPES OF CONTRACTS

0
1. The authority citation for part 216 continues to read as follows:

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

0
2. Amend section 216.504 by--
0
a. Adding headings to paragraphs (c) and (c)(1); and
0
b. Revising paragraph (c)(1)(ii)(D).
    The additions and revision read as follows:


216.504   Indefinite-quantity contracts.

    (c) Multiple award preference--(1) Planning the acquisition. 
(ii)(D) A copy of each determination made in accordance with FAR 
16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense 
Procurement and Acquisition Policy, via the OUSD(AT&L)DPAP/CPIC email 
address at osd.pentagon.ousd-atl.mbx.cpic@mail.mil.
    (1) The authority to make the determination authorized in FAR 
16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the 
senior procurement executive.
    (i) In accordance with section 816 of the National Defense 
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232), when making 
the determination at FAR 16.504(c)(1)(ii)(D)(1)(i), the agency head 
shall determine that the task or delivery orders expected under the 
contract are so integrally related that only a single source can 
``efficiently perform the work,'' instead of ``reasonably perform the 
work'' as required by the FAR.

[FR Doc. 2018-27560 Filed 12-20-18; 8:45 am]
 BILLING CODE 5001-06-P