Federal Acquisition Regulation: Governmentwide and Other Interagency Contracts, 19837-19838 [2019-06625]

Download as PDF Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations U.S.C. 5122), (41 U.S.C. 1903), the term means— * * * * * PART 10—MARKET RESEARCH 10.001 [Amended] 3. Amend section 10.001 by removing from paragraph (a)(2)(vi)(A) ‘‘recovery from’’ and adding ‘‘recovery from cyber,’’ in its place. ■ PART 12—ACQUISITION OF COMMERCIAL ITEMS 12.102 from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster, or * * * * * PART 18—EMERGENCY ACQUISITIONS 7. Amend section 18.001 by— a. Revising paragraph (b); b. Redesignating paragraph (c) as paragraph (d); and ■ c. Adding a new paragraph (c). The revision and addition read as follows: ■ ■ ■ [Amended] 4. Amend section 12.102 by removing from paragraph (f)(1) ‘‘recovery from’’ and adding ‘‘recovery from cyber,’’ in its place. ■ 18.001 PART 13—SIMPLIFIED ACQUISITION PROCEDURES 5. Amend section 13.201 by revising paragraphs (g)(1) introductory text and (g)(2) to read as follows: ■ 13.201 General. * * * * * (g)(1) For acquisitions of supplies or services that, as determined by the head of the agency, are to be used to support a contingency operation; to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate provision of international disaster assistance pursuant to 22 U.S.C. 2292 et seq.; or to support response to an emergency or major disaster (42 U.S.C. 5122), the micro-purchase threshold is— * * * * * (2) Purchases using this authority must have a clear and direct relationship to the support of a contingency operation; or the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; international disaster assistance; or an emergency or major disaster. * * * * * ■ 6. Amend section 13.500 by revising paragraph (c)(1) to read as follows: 13.500 General. jbell on DSK3GLQ082PROD with RULES2 * * * * * (c) * * * (1) The acquisition is for commercial items that, as determined by the head of the agency, are to be used in support of a contingency operation; to facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to support a request VerDate Sep<11>2014 18:10 May 03, 2019 Jkt 247001 Definition. * * * * * (b) To facilitate the defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack against the United States; (c) In support of a request from the Secretary of State or the Administrator of the United States Agency for International Development to facilitate the provision of international disaster assistance; or * * * * * ■ 8. Revise section 18.202 to read as follows: 18.202 Defense or recovery from certain events. (a) Micro-purchase threshold. The threshold increases when the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 2.101.) (b) Simplified acquisition threshold. The threshold increases when the head of the agency determines the supplies or services are to be used to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 2.101.) (c) Treating certain items as commercial. Contracting officers may treat any acquisition of supplies or services as an acquisition of commercial items if the head of the agency determines the acquisition is to be used to facilitate the defense against or recovery from cyber, nuclear, biological, PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 19837 chemical, or radiological attack. (See 12.102(f)(1) and 13.500(c)(2).) (d) Simplified procedures for certain commercial items. The threshold limits authorized for use of this authority may be increased when it is determined the acquisition is to facilitate defense against or recovery from cyber, nuclear, biological, chemical, or radiological attack; to facilitate provision of international disaster assistance; or to support response to an emergency or major disaster. (See 13.500(c).) PART 26—OTHER SOCIOECONOMIC PROGRAMS 9. Revise the heading for subpart 26.2 to read as follows: ■ Subpart 26.2—Major Disaster or Emergency Assistance Activities * * * * * 10. Amend section 26.202 by designating the undesignated paragraph as paragraph (a) and adding paragraph (b) to read as follows: ■ 26.202 Local area preference. * * * * * (b) When using the authority under the Stafford Act, see the definitions of ‘‘micro-purchase threshold’’ and ‘‘simplified acquisition threshold’’ in 2.101 for the authority to use an increased micro-purchase threshold and simplified acquisition threshold. [FR Doc. 2019–06620 Filed 5–3–19; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4, 8, 17, and 35 [FAC 2019–02; FAR Case 2018–015; Item II; Docket No. 2018–0015; Sequence No. 1] RIN 9000–AN74 Federal Acquisition Regulation: Governmentwide and Other Interagency Contracts Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the John S. SUMMARY: E:\FR\FM\06MYR2.SGM 06MYR2 19838 Federal Register / Vol. 84, No. 87 / Monday, May 6, 2019 / Rules and Regulations McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 that removes the requirement to make a best procurement approach determination to use an interagency acquisition. Effective Date: June 5, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement Analyst, at 202–969–7207 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. Please cite FAC 2019– 02, FAR Case 2018–015. SUPPLEMENTARY INFORMATION: DATES: I. Background Section 875 of the John S. McCain NDAA for FY 2019 (Pub. L. 115–232) amended section 865 of the Duncan Hunter NDAA for FY 2009 (Pub. L. 110– 417) to remove the requirement for agencies to make a determination that the use of an interagency acquisition represents the best procurement approach. The determination is required prior to requesting another agency conduct an acquisition on its behalf, and before placing an order against another agency’s indefinite-delivery contract vehicle. This requirement was implemented in FAR 17.502–1(a). The removal of the determination requirement as stated in section 865 will be implemented by the removal of the requirement at FAR 17.502–1(a) and references to the requirement in FAR parts 4, 8, and 35. jbell on DSK3GLQ082PROD with RULES2 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 add any new solicitation provisions or contract clauses, or impact any existing solicitation provisions or contract clauses. It does not add any new burdens. III. Publication of This Final Rule for Public Comment is Not Required by Statute The statute that applies to the publication of the FAR is the 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 VerDate Sep<11>2014 18:10 May 03, 2019 Jkt 247001 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 removes a requirement for agencies to make a specific determination prior to utilizing a certain contracting method. The removal of this requirement only affects the internal operating procedures of the Government. 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 rule is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. V. Executive Order 13771 This rule is not subject to E.O. 13771, because this rule is not a significant regulatory action under E.O. 12866. VI. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not apply to this rule, 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). Accordingly, no regulatory flexibility analysis is required and none has been prepared. VII. Paperwork Reduction Act This 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). Dated: March 19, 2019. William F. Clark, Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 17, and 35 as set forth below: 1. The authority citation for parts 4, 8, 17, and 35 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 4—ADMINISTRATIVE MATTERS 4.603 [Amended] 2. Amend section 4.603 by removing from paragraph (c) ‘‘(see 17.502– 1(b)(1))’’ and adding ‘‘(see 17.502– 1(a)(1))’’ in its place. ■ PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES 8.404 [Amended] 3. Amend section 8.404 by removing the last sentence of paragraph (b)(2). ■ PART 17—SPECIAL CONTRACTING METHODS 17.502–1 [Amended] 4. Amend section 17.502–1 by removing paragraph (a) and redesignating paragraphs (b) and (c) as paragraphs (a) and (b) respectively. ■ PART 35—RESEARCH AND DEVELOPMENT CONTRACTING 5. Amend section 35.017–3 by revising paragraphs (b)(1) and (2) to read as follows: ■ 35.017–3 Using an FFRDC. * * * * * (b) * * * (1) The nonsponsoring agency shall provide the documentation required by 17.503(e) to the sponsoring agency. (2) When a D&F is required pursuant to 17.502–2(c), the nonsponsoring agency shall prepare the D&F and provide the documentation required by 17.503(e) to the sponsoring agency. * * * * * [FR Doc. 2019–06625 Filed 5–3–19; 8:45 am] BILLING CODE 6820–EP–P List of Subjects in 48 CFR Parts 4, 8, 17, and 35 Government procurement. PO 00000 Frm 00006 Fmt 4701 Sfmt 9990 E:\FR\FM\06MYR2.SGM 06MYR2

Agencies

[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19837-19838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06625]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 8, 17, and 35

[FAC 2019-02; FAR Case 2018-015; Item II; Docket No. 2018-0015; 
Sequence No. 1]
RIN 9000-AN74


Federal Acquisition Regulation: Governmentwide and Other 
Interagency Contracts

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the John 
S.

[[Page 19838]]

McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 
2019 that removes the requirement to make a best procurement approach 
determination to use an interagency acquisition.

DATES: Effective Date: June 5, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2019-02, FAR Case 
2018-015.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 875 of the John S. McCain NDAA for FY 2019 (Pub. L. 115-
232) amended section 865 of the Duncan Hunter NDAA for FY 2009 (Pub. L. 
110-417) to remove the requirement for agencies to make a determination 
that the use of an interagency acquisition represents the best 
procurement approach. The determination is required prior to requesting 
another agency conduct an acquisition on its behalf, and before placing 
an order against another agency's indefinite-delivery contract vehicle. 
This requirement was implemented in FAR 17.502-1(a). The removal of the 
determination requirement as stated in section 865 will be implemented 
by the removal of the requirement at FAR 17.502-1(a) and references to 
the requirement in FAR parts 4, 8, and 35.

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 add any new solicitation provisions or contract 
clauses, or impact any existing solicitation provisions or contract 
clauses. It does not add any new burdens.

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

    The statute that applies to the publication of the FAR is the 
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 removes a requirement for agencies to make a specific 
determination prior to utilizing a certain contracting method. The 
removal of this requirement only affects the internal operating 
procedures of the Government.

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 rule is not a significant regulatory action and, therefore, was 
not subject to review under section 6(b) of E.O. 12866, Regulatory 
Planning and Review, dated September 30, 1993. This rule is not a major 
rule under 5 U.S.C. 804.

V. Executive Order 13771

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

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, 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).
    Accordingly, no regulatory flexibility analysis is required and 
none has been prepared.

VII. Paperwork Reduction Act

    This 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 4, 8, 17, and 35

    Government procurement.

    Dated: March 19, 2019.
William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 17, and 35 
as set forth below:

0
1. The authority citation for parts 4, 8, 17, and 35 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 4--ADMINISTRATIVE MATTERS


4.603   [Amended]

0
2. Amend section 4.603 by removing from paragraph (c) ``(see 17.502-
1(b)(1))'' and adding ``(see 17.502-1(a)(1))'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.404  [Amended]

0
3. Amend section 8.404 by removing the last sentence of paragraph 
(b)(2).

PART 17--SPECIAL CONTRACTING METHODS


17.502-1  [Amended]

0
4. Amend section 17.502-1 by removing paragraph (a) and redesignating 
paragraphs (b) and (c) as paragraphs (a) and (b) respectively.

PART 35--RESEARCH AND DEVELOPMENT CONTRACTING

0
5. Amend section 35.017-3 by revising paragraphs (b)(1) and (2) to read 
as follows:


35.017-3  Using an FFRDC.

* * * * *
    (b) * * *
    (1) The nonsponsoring agency shall provide the documentation 
required by 17.503(e) to the sponsoring agency.
    (2) When a D&F is required pursuant to 17.502-2(c), the 
nonsponsoring agency shall prepare the D&F and provide the 
documentation required by 17.503(e) to the sponsoring agency.
* * * * *
[FR Doc. 2019-06625 Filed 5-3-19; 8:45 am]
 BILLING CODE 6820-EP-P