Defense Federal Acquisition Regulation Supplement: Consent To Subcontract (DFARS Case 2018-D065), 12140-12141 [2019-06250]
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12140
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules and Regulations
senior procurement executive has the
authority to make the determination
authorized in FAR 16.504(c)(1)(ii)(D)(1).
(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 senior
procurement executive 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.
(2) The congressional notification
requirement at FAR
16.504(c)(1)(ii)(D)(2) does not apply to
DoD.
[FR Doc. 2019–06251 Filed 3–29–19; 8:45 am]
BILLING CODE 5001–06–P
to the representation was inadvertently
omitted.
3. Corrects DFARS provision 252.225–
7035, Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate, Alternate V, in
paragraph (a), by revising the reference
to the ‘‘Buy American Act’’ by removing
the word ‘‘Act’’.
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
48 CFR Parts 225 and 252
225.7703–4
[Docket DARS–2019–0001]
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.204–7007
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
SUMMARY:
DATES:
15:56 Mar 29, 2019
Jkt 247001
3. Amend section 252.204–7007 bya. Removing the clause date ‘‘(DEC
2018)’’ and adding ‘‘(APR 2019)’’ in its
place;
■ b. Removing paragraph (d)(1)(iii); and
■ c. Redesignating paragraphs (d)(1)(iv)
through (ix) as (d)(1)(iii) through (viii).
■
Ms.
Jennifer L. Hawes, Defense Acquisition
Regulations System,
OUSD(A&S)DPC(DARS), Room 3B941,
3060 Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6115;
facsimile 571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Corrects titles to four clauses at
225.7703–4 to remove the word ‘‘Act’’.
2. Corrects DFARS clause 252.204–
7007, Alternate A, Annual
Representations and Certifications, to
remove the representation at paragraph
(d)(1)(iii) for DFARS 252.222–7007,
Representation Regarding Combating
Trafficking in Persons. DFARS final rule
2018–D003 (83 FR 24887) on May 30,
2018, removed representation 252.222–
7007 from the DFARS; however, the
cross-reference in DFARS 252.204–7007
VerDate Sep<11>2014
[Amended]
■
Effective April 1, 2019.
FOR FURTHER INFORMATION CONTACT:
[Amended]
2. Amend section 225.7703–4 by
removing, in paragraphs (f)(1), (f)(2),
(f)(4), and (f)(5), ‘‘Buy American Act’’
and adding ‘‘Buy American’’ in each
place.
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
RIN 0750–AK24
Defense Federal Acquisition
Regulation Supplement: Consent To
Subcontract (DFARS Case 2018–D065)
Defense Acquisition Regulation
System, Department of Defense (DoD).
ACTION: Final rule.
SUMMARY:
PART 225—FOREIGN ACQUISITION
AGENCY:
[Docket DARS–2019–0006]
Therefore, 48 CFR parts 225 and 252
are amended as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Defense Federal Acquisition
Regulation Supplement: Technical
Amendments
48 CFR Parts 244
AGENCY:
1. The authority citations for parts 225
and 252 continue to read as follows:
Defense Acquisition Regulations
System
Defense Acquisition Regulations
System
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
■
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
252.225–7035
[Amended]
4. Amend section 252.225–7035,
Alternate V, by■ a. Removing the clause date ‘‘(NOV
2014)’’ and adding ‘‘(APR 2019)’’ in its
place; and
■ b. In paragraph (a) removing ‘‘Buy
American Act’’ and adding ‘‘Buy
American’’ in its place.
■
[FR Doc. 2019–06254 Filed 3–29–19; 8:45 am]
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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 to require, for DoD
contracts with contractors that have
approved purchasing systems, that a
contracting officer have written
approval from the program manager
prior to withholding a consent to
subcontract.
DATES:
Effective April 1, 2019.
FOR FURTHER INFORMATION CONTACT:
Ms.
Kimberly Bass, telephone 571–372–
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to amend
the DFARS to implement section 824 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2019,
which amends section 893 of the NDAA
for FY 2011 (Pub. L. 111–383) regarding
consent to subcontract requirements.
Specifically, section 893 requires
contracting officers to have written
approval from the program manager
prior to withholding consent to
subcontract for DoD contracts with
contractors that have approved
purchasing systems, as defined in
Federal Acquisition Regulation (FAR)
44.101.
II. Discussion and Analysis
This rule proposes to add a new
paragraph (a) at DFARS 244.201–1 to
include the new requirement for
contracting officers to obtain written
approval from the program manager
prior to withholding a consent to
subcontract for DoD contracts with
contractors that have an approved
purchasing system. Conforming changes
are made to the existing text at 244.201–
1, by renumbering the existing text as
paragraph (S–70).
E:\FR\FM\01APR1.SGM
01APR1
Federal Register / Vol. 84, No. 62 / Monday, April 1, 2019 / Rules and Regulations
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 create any new
provisions or clauses or impact any
existing provisions or clauses. The rule
only impacts the internal operating
procedures of the agency. As such, the
rule does not impose any new
requirements on contracts at or below
the simplified acquisition threshold or
for commercial items, including
commercially available off-the-shelf
items.
IV. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
V. Executive Order 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, or reducing costs, or
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.
VerDate Sep<11>2014
15:56 Mar 29, 2019
Jkt 247001
VI. Executive Order 13771
DEPARTMENT OF DEFENSE
This rule is not an E.O. 13771
regulatory action, because this rule is
not significant under E.O. 12866.
Defense Acquisition Regulations
System
VII. Regulatory Flexibility Act
48 CFR Part 252
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 IV. of this
preamble), the analytical requirement 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.
[Docket DARS–2019–0012]
VIII. Paperwork Reduction Act
The statute that applies to the
publication of the FAR is 41 U.S.C. 1707
entitled ‘‘Publication of Proposed
Regulations.’’ Paragraph (a)(1) of the
statute 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 this rule merely
establishes internal Government
procedures for contracting officers to
obtain written approval from the
program manager prior to withholding a
consent to subcontract on a contract
with a contractor with an approved
purchasing system.
12141
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 244
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 244 is
amended as follows:
PART 244—SUBCONTRACTING
POLICIES AND PROCEDURES
1. The authority citation for part 244
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 244.201–1 by—
a. Designating the existing text as
paragraph (S–70); and
■ b. Adding a paragraph (a) to start the
section.
The addition reads as follows:
■
■
244.201–1
Consent requirements.
(a) In accordance with section 824 of
the National Defense Authorization Act
for Fiscal Year 2019 (Pub. L. 115–232),
notwithstanding the requirements in
FAR 44.201–1(a), the contracting officer
shall not withhold consent to
subcontract without the written
approval of the program manager, or
comparable requiring activity official
exercising program management
responsibilities, if the contractor has an
approved purchasing system, as defined
in FAR 44.101.
*
*
*
*
*
[FR Doc. 2019–06250 Filed 3–29–19; 8:45 am]
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RIN 0750–AK06
Defense Federal Acquisition
Regulation Supplement: Modification
of DFARS Clause ‘‘Utilization of Indian
Organizations, Indian-Owned
Economic Enterprises, and Native
Hawaiian Small Business Concerns’’
(DFARS Case 2018–D051)
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 add supplemental contact
information for departments identified
in an existing DFARS clause.
DATES: Effective April 1, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the DFARS to add
department phone numbers and
websites to the DFARS clause, 252.226–
7001, Utilization of Indian
Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small
Business Concerns. Included in
solicitations and contracts that are for
supplies and services exceeding
$500,000 in value, this clause:
encourages contractors to give Indian
organizations, Indian-owned economic
enterprises, and Native Hawaiian small
business concerns the maximum
practicable opportunity to participate in
subcontracts; addresses status
representations for these organizations,
enterprises, and concerns; provides the
name and address of the departments
that that address representation matters
for these organizations, enterprises, and
concerns; and provides the terms and
conditions under which incentive
payments may be requested under the
contract. In an effort to streamline the
procurement process and make
information more accessible to the
contractor, this modification adds
phone numbers and websites for both of
the departments listed in the clause.
The modification of this DFARS text
supports a recommendation from the
DoD Regulatory Reform Task Force. On
February 24, 2017, the President signed
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]]>Agencies
[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12140-12141]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06250]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 244
[Docket DARS-2019-0006]
RIN 0750-AK24
Defense Federal Acquisition Regulation Supplement: Consent To
Subcontract (DFARS Case 2018-D065)
AGENCY: Defense Acquisition Regulation 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 to require, for
DoD contracts with contractors that have approved purchasing systems,
that a contracting officer have written approval from the program
manager prior to withholding a consent to subcontract.
DATES: Effective April 1, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to amend the DFARS to implement section
824 of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2019, which amends section 893 of the NDAA for FY 2011 (Pub. L.
111-383) regarding consent to subcontract requirements. Specifically,
section 893 requires contracting officers to have written approval from
the program manager prior to withholding consent to subcontract for DoD
contracts with contractors that have approved purchasing systems, as
defined in Federal Acquisition Regulation (FAR) 44.101.
II. Discussion and Analysis
This rule proposes to add a new paragraph (a) at DFARS 244.201-1 to
include the new requirement for contracting officers to obtain written
approval from the program manager prior to withholding a consent to
subcontract for DoD contracts with contractors that have an approved
purchasing system. Conforming changes are made to the existing text at
244.201-1, by renumbering the existing text as paragraph (S-70).
[[Page 12141]]
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 create any new provisions or clauses or impact
any existing provisions or clauses. The rule only impacts the internal
operating procedures of the agency. As such, the rule does not impose
any new requirements on contracts at or below the simplified
acquisition threshold or for commercial items, including commercially
available off-the-shelf items.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707 entitled ``Publication of Proposed Regulations.'' Paragraph (a)(1)
of the statute 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 this rule
merely establishes internal Government procedures for contracting
officers to obtain written approval from the program manager prior to
withholding a consent to subcontract on a contract with a contractor
with an approved purchasing system.
V. Executive Order 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,
or reducing costs, or 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.
VI. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
VII. 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 IV. of this preamble), the analytical
requirement 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.
VIII. 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 244
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 244 is amended as follows:
PART 244--SUBCONTRACTING POLICIES AND PROCEDURES
0
1. The authority citation for part 244 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 244.201-1 by--
0
a. Designating the existing text as paragraph (S-70); and
0
b. Adding a paragraph (a) to start the section.
The addition reads as follows:
244.201-1 Consent requirements.
(a) In accordance with section 824 of the National Defense
Authorization Act for Fiscal Year 2019 (Pub. L. 115-232),
notwithstanding the requirements in FAR 44.201-1(a), the contracting
officer shall not withhold consent to subcontract without the written
approval of the program manager, or comparable requiring activity
official exercising program management responsibilities, if the
contractor has an approved purchasing system, as defined in FAR 44.101.
* * * * *
[FR Doc. 2019-06250 Filed 3-29-19; 8:45 am]
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