Defense Federal Acquisition Regulation Supplement: Annual Representations and Certifications-Alternate A (DFARS Case 2019-D030), 30946-30947 [2019-13745]
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30946
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
TABLE 1 TO PARAGRAPH (a)—
Continued
Parts per
million
Commodity
Vegetable, tuberous and corm,
subgroup 1C ...........................
Wheat, grain ...............................
0.04
0.3
(b) [Reserved]
(c) [Reserved]
(d) [Reserved]
[FR Doc. 2019–13520 Filed 6–27–19; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204 and 252
[Docket DARS–2019–0027]
RIN 0750–AK69
Defense Federal Acquisition
Regulation Supplement: Annual
Representations and Certifications—
Alternate A (DFARS Case 2019–D030)
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 correct paragraph references
in the DFARS provision on annual
representations and certifications and
also correct the structure of the
prescription for that provision.
DATES: Effective June 28, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUMMARY:
SUPPLEMENTARY INFORMATION:
khammond on DSKBBV9HB2PROD with RULES
I. Background
This final rule amends the provision
at DFARS 252.204–7007, Annual
Representations and Certifications—
Alternate A, and the prescription for
this provision at DFARS 204.1202.
DFARS 252.204–7007 provides alternate
paragraphs (d) and (e), to replace
paragraph (d) of the provision at Federal
Acquisition Regulation (FAR) 52.204–8,
Annual Representations and
Certifications, in order to include DoDunique representations and
certifications.
II. Discussion and Analysis
Paragraph (b) of FAR provision
52.204–8 includes a reference to
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16:17 Jun 27, 2019
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paragraph (d) of the FAR provision.
When the DFARS alternate is used, this
reference to paragraph (d) creates an
inconsistency. To correct the
inconsistency, this final rule amends
DFARS 252.204–7007 to include an
alternate to paragraph (b) of FAR
52.204–8 that references paragraph (e) of
the DFARS alternate, instead of
paragraph (d) of FAR 52.204–8.
In addition, the prescription at
DFARS 204.1202(1) is restructured so
that the lead-in tying the prescription to
the use of FAR 52.204–8 applies to both
paragraphs (1) and (2), as originally
intended. DFARS 204.1202(1)
previously stated that the DFARS
provision 252.204–7007 is only used
when using FAR 52.204–8, Annual
Representations and Certification. FAR
52.204–8 is not used in solicitations for
the acquisition of commercial items, so
DFARS 252.204–7007 is also not used in
solicitations for the acquisition of
commercial items. Paragraph (2) of the
prescription states that the following
provisions listed in 204.1202 do not
need to be separately listed in the
solicitation, because they are included
in the provision at DFARS 252.204–
7007. Although this prescription is in
part 204, not part 212, and has probably
been correctly interpreted to apply only
to acquisition of noncommercial items,
paragraph (2) could technically be
misinterpreted in a way that could lead
to an inconsistency. Since DFARS
252.204–7007 only applies to
noncommercial acquisitions, the
provisions listed in 204.1202 would
only be included in the solicitation
through inclusion of the provision at
DFARS 252.204–7007 when acquiring
noncommercial items. By restructuring
the prescription, the limitation of
paragraph (2) to noncommercial
acquisitions is unambiguous.
II. 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 it only makes minor
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Fmt 4700
Sfmt 4700
administrative corrections. These
requirements affect only the internal
operating procedures of the
Government.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule makes a minor correction to
an existing provision at DFARS
252.204–7007, Alternate A, Annual
Representations and Certifications, and
clarifies the prescription for use of the
provision, which applies below the
simplified acquisition threshold but
does not apply to the acquisition of
commercial items.
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 not subject to E.O.
13771, because this rule is not a
significant regulatory action 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).
E:\FR\FM\28JNR1.SGM
28JNR1
Federal Register / Vol. 84, No. 125 / Friday, June 28, 2019 / Rules and Regulations
List of Subjects in 48 CFR Parts 204 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204 and 252 continues to read as
follows:
[FR Doc. 2019–13745 Filed 6–27–19; 8:45 am]
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
DEPARTMENT OF DEFENSE
2. Amend section 204.1202 by adding
introductory text and revising paragraph
(1) to read as follows:
■
204.1202
Solicitation provision.
When using the provision at FAR
52.204–8, Annual Representations and
Certifications—
(1) Use the provision with 252.204–
7007, Alternate A, Annual
Representations and Certifications; and
*
*
*
*
*
3. Amend section 252.204–7007 by—
a. Removing the clause date ‘‘(APR
2019)’’ and adding ‘‘(JUN 2019)’’ in its
place;
■ b. Revising the provision introductory
text;
■ c. Adding paragraph (b); and
■ d. In paragraph (d)(1) introductory
text, removing ‘‘System for Award
Management (SAM)’’ and adding
‘‘SAM’’ in its place.
The revision and addition read as
follows:
■
■
252.204–7007 Alternate A, Annual
Representations and Certifications.
*
*
*
*
Substitute the following paragraphs
(b), (d), and (e) for paragraphs (b) and
(d) of the provision at FAR 52.204–8:
(b)(1) If the provision at FAR 52.204–
7, System for Award Management, is
included in this solicitation, paragraph
(e) of this provision applies.
(2) If the provision at FAR 52.204–7,
System for Award Management, is not
included in this solicitation, and the
Offeror has an active registration in the
System for Award Management (SAM),
the Offeror may choose to use paragraph
(e) of this provision instead of
completing the corresponding
individual representations and
certifications in the solicitation. The
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Jkt 247001
price competition at FAR 15.403–1(c)
for DoD, National Air and Space
Administration (NASA), and the Coast
Guard (FAC 2019–03, 84 FR 27494).
Section 822 excludes from the standard
for adequate price competition the
situation in which there was an
expectation of competition, but only one
offer is received. Three respondents
submitted public comments in response
to the proposed rule.
II. Discussion and Analysis
48 CFR Parts 215 and 252
RIN 0750–AJ19
Defense Federal Acquisition
Regulation Supplement: Only One
Offer (DFARS Case 2017–D009)
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 partially implement a
section of the National Defense
Authorization Act for Fiscal Year 2017
that addresses the requirement for
additional cost or pricing data when
only one offer is received in response to
a competitive solicitation.
DATES: Effective July 31, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 30656 on June
29, 2018, to partially implement section
822 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2017 (Pub. L. 114–328) to: (1)
Address the potential requirement for
additional cost or pricing data when
only one offer is received in response to
a competitive solicitation; and (2) make
prime contractors responsible for
determining whether a subcontract
qualifies for an exception from the
requirement for submission of certified
cost based on adequate price
competition. This DFARS rule
supplements the Federal Acquisition
Regulation (FAR) final rule published
under FAR Case 2017–006, which
modified the standards for adequate
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Fmt 4700
Sfmt 4700
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments is provided,
as follows:
A. Summary of Significant Changes
From the Proposed Rule
[Docket DARS–2018–0008]
SUMMARY:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
*
BILLING CODE 5001–06–P
Defense Acquisition Regulations
System
PART 204—ADMINISTRATIVE
MATTERS
khammond on DSKBBV9HB2PROD with RULES
Offeror shall indicate which option
applies by checking one of the following
boxes:
ll (i) Paragraph (e) applies.
ll (ii) Paragraph (e) does not apply
and the Offeror has completed the
individual representations and
certifications in the solicitation.
*
*
*
*
*
30947
There are no significant changes from
the proposed rule in the final rule in
response to the public comments.
However, changes were required at
252.215–7010, in order to conform to
changes in the FAR final rule relating to
elimination of the terms ‘‘responsive’’
and ‘‘viable.’’
B. Analysis of Public Comments
1. Effectiveness and Efficiency of the
Acquisition Process
Comment: Several respondents
indicated that the requirement for
certification of cost or pricing data and
potential submission of additional data
when only one offer is received in
response to a competitive solicitation
would burden the effectiveness and
efficiency of the acquisition process and
delay timely execution. This may also
delay subcontract competitions,
requiring restart of the procurement
process when only one offer is received
for a subcontract.
Response: This rule is implementing
the requirements of section 822 of the
NDAA for FY 2017. DoD has no
flexibility to remove the certification
requirement from the rule, since it is
required by statute.
2. Competition
Comment: One respondent noted that
it is the expectation of offers that
produces the competitive environment.
Response: This rule is implementing
the requirements of section 822 of the
NDAA for FY 2017. The Government
cannot project with certainty which
solicitations will receive multiple offers
or only one offer. Furthermore, even
though a solicitation is issued
competitively, the Government does not
know whether the single offeror
expected competition.
E:\FR\FM\28JNR1.SGM
28JNR1
]]>Agencies
[Federal Register Volume 84, Number 125 (Friday, June 28, 2019)]
[Rules and Regulations]
[Pages 30946-30947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-13745]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 252
[Docket DARS-2019-0027]
RIN 0750-AK69
Defense Federal Acquisition Regulation Supplement: Annual
Representations and Certifications--Alternate A (DFARS Case 2019-D030)
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 correct paragraph
references in the DFARS provision on annual representations and
certifications and also correct the structure of the prescription for
that provision.
DATES: Effective June 28, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the provision at DFARS 252.204-7007, Annual
Representations and Certifications--Alternate A, and the prescription
for this provision at DFARS 204.1202. DFARS 252.204-7007 provides
alternate paragraphs (d) and (e), to replace paragraph (d) of the
provision at Federal Acquisition Regulation (FAR) 52.204-8, Annual
Representations and Certifications, in order to include DoD-unique
representations and certifications.
II. Discussion and Analysis
Paragraph (b) of FAR provision 52.204-8 includes a reference to
paragraph (d) of the FAR provision. When the DFARS alternate is used,
this reference to paragraph (d) creates an inconsistency. To correct
the inconsistency, this final rule amends DFARS 252.204-7007 to include
an alternate to paragraph (b) of FAR 52.204-8 that references paragraph
(e) of the DFARS alternate, instead of paragraph (d) of FAR 52.204-8.
In addition, the prescription at DFARS 204.1202(1) is restructured
so that the lead-in tying the prescription to the use of FAR 52.204-8
applies to both paragraphs (1) and (2), as originally intended. DFARS
204.1202(1) previously stated that the DFARS provision 252.204-7007 is
only used when using FAR 52.204-8, Annual Representations and
Certification. FAR 52.204-8 is not used in solicitations for the
acquisition of commercial items, so DFARS 252.204-7007 is also not used
in solicitations for the acquisition of commercial items. Paragraph (2)
of the prescription states that the following provisions listed in
204.1202 do not need to be separately listed in the solicitation,
because they are included in the provision at DFARS 252.204-7007.
Although this prescription is in part 204, not part 212, and has
probably been correctly interpreted to apply only to acquisition of
noncommercial items, paragraph (2) could technically be misinterpreted
in a way that could lead to an inconsistency. Since DFARS 252.204-7007
only applies to noncommercial acquisitions, the provisions listed in
204.1202 would only be included in the solicitation through inclusion
of the provision at DFARS 252.204-7007 when acquiring noncommercial
items. By restructuring the prescription, the limitation of paragraph
(2) to noncommercial acquisitions is unambiguous.
II. 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 it only makes
minor administrative corrections. These requirements affect only the
internal operating procedures of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule makes a minor correction to an existing provision at
DFARS 252.204-7007, Alternate A, Annual Representations and
Certifications, and clarifies the prescription for use of the
provision, which applies below the simplified acquisition threshold but
does not apply to the acquisition of commercial items.
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 not subject to E.O. 13771, because this rule is
not a significant regulatory action 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).
[[Page 30947]]
List of Subjects in 48 CFR Parts 204 and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 204 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Amend section 204.1202 by adding introductory text and revising
paragraph (1) to read as follows:
204.1202 Solicitation provision.
When using the provision at FAR 52.204-8, Annual Representations
and Certifications--
(1) Use the provision with 252.204-7007, Alternate A, Annual
Representations and Certifications; and
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.204-7007 by--
0
a. Removing the clause date ``(APR 2019)'' and adding ``(JUN 2019)'' in
its place;
0
b. Revising the provision introductory text;
0
c. Adding paragraph (b); and
0
d. In paragraph (d)(1) introductory text, removing ``System for Award
Management (SAM)'' and adding ``SAM'' in its place.
The revision and addition read as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
Substitute the following paragraphs (b), (d), and (e) for
paragraphs (b) and (d) of the provision at FAR 52.204-8:
(b)(1) If the provision at FAR 52.204-7, System for Award
Management, is included in this solicitation, paragraph (e) of this
provision applies.
(2) If the provision at FAR 52.204-7, System for Award Management,
is not included in this solicitation, and the Offeror has an active
registration in the System for Award Management (SAM), the Offeror may
choose to use paragraph (e) of this provision instead of completing the
corresponding individual representations and certifications in the
solicitation. The Offeror shall indicate which option applies by
checking one of the following boxes:
__ (i) Paragraph (e) applies.
__ (ii) Paragraph (e) does not apply and the Offeror has completed
the individual representations and certifications in the solicitation.
* * * * *
[FR Doc. 2019-13745 Filed 6-27-19; 8:45 am]
BILLING CODE 5001-06-P
