Federal Acquisition Regulation: Governmentwide and Other Interagency Contracts, 19837-19838 [2019-06625]
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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—
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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.
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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
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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:
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[Amended]
4. Amend section 12.102 by removing
from paragraph (f)(1) ‘‘recovery from’’
and adding ‘‘recovery from cyber,’’ in its
place.
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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:
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13.201
General.
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(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—
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(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.
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■ 6. Amend section 13.500 by revising
paragraph (c)(1) to read as follows:
13.500
General.
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(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
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18:10 May 03, 2019
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Definition.
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(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
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■ 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,
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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:
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Subpart 26.2—Major Disaster or
Emergency Assistance Activities
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10. Amend section 26.202 by
designating the undesignated paragraph
as paragraph (a) and adding paragraph
(b) to read as follows:
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26.202
Local area preference.
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(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.
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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
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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:
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35.017–3
Using an FFRDC.
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(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.
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[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.
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]]>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]
-----------------------------------------------------------------------
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
