Defense Federal Acquisition Regulation Supplement: Update to Performance Information System References (DFARS Case 2019-D033), 48507-48508 [2019-19565]

Download as PDF Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations List of Subjects in 48 CFR Parts 247 and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 247 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 247 and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. II. Discussion and Analysis This final rule removes two references to PPIRS at DFARS 209.105–1(2) and replaces the references with CPARS and the Federal Awardee Performance and Integrity Information System (FAPIIS) module of CPARS. In addition, in the title of DFARS provision 252.213–7000, ‘‘Past Performance Information Retrieval System-Statistical Reporting’’ is replaced with ‘‘Supplier Performance Risk System.’’ Conforming changes are also made to the title of the provision at DFARS 213.301(f)(v) and the obsolete PPIRS web addresses at DFARS 213.106–2(b)(i)(A), 213.106–2–70, and 252.213–7000(a) and (d). PART 247—TRANSPORTATION 247.305–70 ■ [Removed] 2. Remove section 247.305–70. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.247–7021 [Removed and Reserved] 3. Remove and reserve section 252.247–7021. ■ [FR Doc. 2019–19564 Filed 9–12–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 209, 212, 213, and 252 [Docket DARS–2019–0035] RIN 0750–AK70 Defense Federal Acquisition Regulation Supplement: Update to Performance Information System References (DFARS Case 2019–D033) 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 changes regarding the discontinued use of the Past Performance Information Retrieval System and update all associated references in the DFARS. DATES: Effective September 13, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 571–372– 6174. khammond on DSKBBV9HB2PROD with RULES2 SUMMARY: SUPPLEMENTARY INFORMATION: I. Background DoD is issuing a final rule to amend the DFARS to update references to the VerDate Sep<11>2014 18:37 Sep 12, 2019 Jkt 247001 Past Performance Information Retrieval System (PPIRS) for past performance information and replace with Contractor Performance Assessment Reporting System (CPARS) to implement changes following the official retirement of PPIRS and subsequent merger with the CPARS effective January 15, 2019. This rule also amends the DFARS to replace references to ‘‘Past Performance Information Retrieval System-Statistical Reporting’’ with ‘‘Supplier Performance Risk System’’ and update the associated web addresses. 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 impact or create any new provisions or clauses, and only makes technical corrections to the title of an existing provision and web addresses contained within the provision. The rule does not impose any new requirements on contracts at or below the simplified acquisition threshold or for commercial items, including commercially available offthe-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 Federal Acquisition Regulation 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 PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 48507 cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because the rule merely updates cross-references and makes technical corrections to address the system merger of PPIRS and CPARS, effective January 15, 2019. 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 Parts 209, 212, 213, and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR parts 209, 212, 213, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 209, 212, 213, and 252 continues to read as follows: E:\FR\FM\13SER2.SGM 13SER2 48508 Federal Register / Vol. 84, No. 178 / Friday, September 13, 2019 / Rules and Regulations Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. Past Performance Evaluations’’ in its place. PART 209—CONTRACTOR QUALIFICATIONS PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 2. Amend section 209.105–1 by revising paragraph (2) to read as follows: ■ 209.105–1 Obtaining information. * * * * * (2) A satisfactory performance record is a factor in determining contractor responsibility (see FAR 9.104–1(c)). One source of information relating to contractor performance is the Contractor Performance Assessment Reporting System (CPARS) available at https:// www.cpars.gov/. Information relating to contract terminations for cause and for default is also available through the Federal Awardee Performance and Integrity Information System (FAPIIS) module of CPARS, available at https:// www.fapiis.gov (see subpart 42.15). This termination information is just one consideration in determining contractor responsibility. [Amended] 5. Amend section 252.213–7000 by— a. Removing clause date ‘‘(MAR 2018)’’ and adding ‘‘(SEP 2019)’’ in its place; ■ b. In paragraph (a), removing ‘‘(https://www.ppirssrng.csd.disa.mil/)’’ and adding ‘‘(https:// www.sprs.csd.disa.mil)’’ in its place; and ■ c. In paragraph (d), removing ‘‘https:// www.ppirssrng.csd.disa.mil/pdf/PPIRSSR_UserMan.pdf’’ and ‘‘https:// www.ppirssrng.csd.disa.mil/pdf/SPRS_ DataEvaluationCriteria.pdf’’ and adding ‘‘https://www.sprs.csd.disa.mil/ reference.htm’’ and ‘‘https:// www.sprs.csd.disa.mil/pdf/SPRS_ DataEvaluationCriteria.pdf’’, in their places, respectively. ■ ■ [FR Doc. 2019–19565 Filed 9–12–19; 8:45 am] PART 212—ACQUISITION OF COMMERCIAL ITEMS BILLING CODE 5001–06–P 2. Amend section 212.301 by revising paragraph (f)(v) to read as follows: DEPARTMENT OF DEFENSE ■ 212.301 Solicitation provisions and contract clauses for the acquisition of commercial items. * * * * * (f) * * * (v) Part 213—Simplified Acquisition Procedures. Use the provision at 252.213–7000, Notice to Prospective Suppliers on Use of Supplier Performance Risk System in Past Performance Evaluations, as prescribed in 213.106–2–70. * * * * * Defense Acquisition Regulations System 48 CFR Chapter 2 [Docket DARS–2019–0058] RIN 0750–AK73 Defense Federal Acquisition Regulation Supplement; Appendix A, Armed Services Board of Contract Appeals, Part 1—Charter PART 213—SIMPLIFIED ACQUISITION PROCEDURES Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. 213.106–2 SUMMARY: [Amended] 3. Amend section 213.106–2 in paragraph (b)(i)(A) by removing ‘‘PPIRS website at https:// www.ppirssrng.csd.disa.mil’’ and adding ‘‘SPRS website at https:// www.sprs.csd.disa.mil/reference.htm’’ in its place. ■ 213.106–2–70 khammond on DSKBBV9HB2PROD with RULES2 252.213–7000 [Amended] 4. Amend section 213.106–2–70 by removing ‘‘Notice to Prospective Suppliers on the Use of Past Performance Information Retrieval System—Statistical Reporting in Past Performance Evaluations’’ and adding ‘‘Notice to Prospective Suppliers on Use of Supplier Performance Risk System in ■ VerDate Sep<11>2014 18:37 Sep 12, 2019 Jkt 247001 AGENCY: DoD is issuing the updated Charter of the Armed Services Board of Contract Appeals (ASBCA), dated May 23, 2019. The ASBCA is chartered to serve as the authorized representative of the Secretary of Defense and the Secretaries of the Army, Navy, and Air Force in hearing, considering, and determining appeals by contractors from decisions of contracting officers or their authorized representatives or other authorities regarding claims on contracts under the Contract Disputes Act of 1978 or other remedy-granting provisions. Effective September 13, 2019. Ms. Jennifer Hawes, Defense Acquisition DATES: FOR FURTHER INFORMATION CONTACT: PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 Regulations System, OUSD(A&S)DPC(DARS), 3060 Defense Pentagon, Room 3B941, Washington, DC 20301–3060, Telephone 571–372–6115. SUPPLEMENTARY INFORMATION: I. Background This publication of Appendix A of the Defense Federal Acquisition Regulation Supplement (DFARS) updates the Charter of the ASBCA from the most recent prior version, dated April 9, 2018, to its latest version, dated May 23, 2019. The updated Charter revises paragraph 2 to reflect that appointment of ASBCA members and designation of the Chairman and Vice Chairmen of the ASBCA shall now be made by the Secretary of Defense, rather than by the Under Secretary of Defense responsible for acquisition, the General Counsel of the Department of Defense, and the Assistant Secretaries of the Military Departments responsible for acquisition. II. 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 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 only publishes the updated ASBCA charter and is therefore not required to be published for public comment, because the rule does not have a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form. III. 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 E:\FR\FM\13SER2.SGM 13SER2

Agencies

[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48507-48508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19565]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 209, 212, 213, and 252

[Docket DARS-2019-0035]
RIN 0750-AK70


Defense Federal Acquisition Regulation Supplement: Update to 
Performance Information System References (DFARS Case 2019-D033)

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 changes 
regarding the discontinued use of the Past Performance Information 
Retrieval System and update all associated references in the DFARS.

DATES: Effective September 13, 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 update references 
to the Past Performance Information Retrieval System (PPIRS) for past 
performance information and replace with Contractor Performance 
Assessment Reporting System (CPARS) to implement changes following the 
official retirement of PPIRS and subsequent merger with the CPARS 
effective January 15, 2019.
    This rule also amends the DFARS to replace references to ``Past 
Performance Information Retrieval System-Statistical Reporting'' with 
``Supplier Performance Risk System'' and update the associated web 
addresses.

II. Discussion and Analysis

    This final rule removes two references to PPIRS at DFARS 209.105-
1(2) and replaces the references with CPARS and the Federal Awardee 
Performance and Integrity Information System (FAPIIS) module of CPARS.
    In addition, in the title of DFARS provision 252.213-7000, ``Past 
Performance Information Retrieval System-Statistical Reporting'' is 
replaced with ``Supplier Performance Risk System.'' Conforming changes 
are also made to the title of the provision at DFARS 213.301(f)(v) and 
the obsolete PPIRS web addresses at DFARS 213.106-2(b)(i)(A), 213.106-
2-70, and 252.213-7000(a) and (d).

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 impact or create any new provisions or clauses, 
and only makes technical corrections to the title of an existing 
provision and web addresses contained within the provision. 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 Federal 
Acquisition Regulation 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 the rule merely updates cross-references and makes technical 
corrections to address the system merger of PPIRS and CPARS, effective 
January 15, 2019.

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 Parts 209, 212, 213, and 252

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 209, 212, 213, and 252 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 209, 212, 213, and 252 
continues to read as follows:


[[Page 48508]]


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

PART 209--CONTRACTOR QUALIFICATIONS

0
2. Amend section 209.105-1 by revising paragraph (2) to read as 
follows:


209.105-1  Obtaining information.

* * * * *
    (2) A satisfactory performance record is a factor in determining 
contractor responsibility (see FAR 9.104-1(c)). One source of 
information relating to contractor performance is the Contractor 
Performance Assessment Reporting System (CPARS) available at https://www.cpars.gov/. Information relating to contract terminations for cause 
and for default is also available through the Federal Awardee 
Performance and Integrity Information System (FAPIIS) module of CPARS, 
available at https://www.fapiis.gov (see subpart 42.15). This 
termination information is just one consideration in determining 
contractor responsibility.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. Amend section 212.301 by revising paragraph (f)(v) to read as 
follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

* * * * *
    (f) * * *
    (v) Part 213--Simplified Acquisition Procedures. Use the provision 
at 252.213-7000, Notice to Prospective Suppliers on Use of Supplier 
Performance Risk System in Past Performance Evaluations, as prescribed 
in 213.106-2-70.
* * * * *

PART 213--SIMPLIFIED ACQUISITION PROCEDURES


213.106-2  [Amended]

0
3. Amend section 213.106-2 in paragraph (b)(i)(A) by removing ``PPIRS 
website at https://www.ppirssrng.csd.disa.mil'' and adding ``SPRS 
website at https://www.sprs.csd.disa.mil/reference.htm'' in its place.


213.106-2-70  [Amended]

0
4. Amend section 213.106-2-70 by removing ``Notice to Prospective 
Suppliers on the Use of Past Performance Information Retrieval System--
Statistical Reporting in Past Performance Evaluations'' and adding 
``Notice to Prospective Suppliers on Use of Supplier Performance Risk 
System in Past Performance Evaluations'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.213-7000  [Amended]

0
5. Amend section 252.213-7000 by--
0
a. Removing clause date ``(MAR 2018)'' and adding ``(SEP 2019)'' in its 
place;
0
b. In paragraph (a), removing ``(https://www.ppirssrng.csd.disa.mil/)'' 
and adding ``(https://www.sprs.csd.disa.mil)'' in its place; and
0
c. In paragraph (d), removing ``https://www.ppirssrng.csd.disa.mil/pdf/PPIRS-SR_UserMan.pdf'' and ``https://www.ppirssrng.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'' and adding ``https://www.sprs.csd.disa.mil/reference.htm'' and ``https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'', in their 
places, respectively.

[FR Doc. 2019-19565 Filed 9-12-19; 8:45 am]
BILLING CODE 5001-06-P