Defense Federal Acquisition Regulation Supplement: Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019-D008), 72561-72563 [2019-27827]

Download as PDF Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations d. In the Alternate I clause— i. Removing clause date ‘‘(MAY 2019)’’ and adding ‘‘(DEC 2019)’’ in its place; ■ ii. In paragraph (b), removing ‘‘goal’’ and adding ‘‘goal (section 8025 of Pub. L. 108–87)’’ in its place; ■ iii. In paragraph (d), removing ‘‘Contractor’s cognizant contract administration activity’’ and adding ‘‘cognizant contract administration activity for the Contractor’’; and ■ e. Adding Alternate II clause to read as follows: ■ ■ 252.219–7003 Small Business Subcontracting Plan (DoD Contracts). * * * * * Alternate II. As prescribed in 219.708(b)(1)(A) and (b)(1)(A)(3), use the following clause, which uses different paragraphs (a) and (b) than the basic clause. khammond on DSKJM1Z7X2PROD with RULES2 Small Business Subcontracting Plan (DoD Contracts)—Alternate II (Dec 2019) (a) Definitions. As used in this clause— Eligible contractor means a business entity operated on a for-profit or nonprofit basis that— (1) Employs severely disabled individuals at a rate that averages not less than 33 percent of its total workforce over the 12month period prior to issuance of the solicitation; (2) Pays not less than the minimum wage prescribed pursuant to 29 U.S.C. 206 to the employees who are severely disabled individuals; and (3) Provides, for its employees, health insurance and a retirement plan comparable to those provided for employees by business entities of similar size in its industrial sector or geographic region. Summary Subcontract Report (SSR) Coordinator means the individual who is registered in the Electronic Subcontracting Reporting System (eSRS) at the Department of Defense level and is responsible for acknowledging receipt or rejecting SSRs submitted under an individual subcontracting plan in eSRS for the Department of Defense. (b)(1) Subcontracts awarded to qualified nonprofit agencies designated by the Committee for Purchase From People Who are Blind or Severely Disabled (41 U.S.C. 8502–8504), may be counted toward the Contractor’s small business subcontracting goal (section 8025 of Pub. L. 108–87). (2) Subcontracts awarded to eligible contractors under the Demonstration Project for Contractors Employing Persons with Disabilities (see Defense Federal Acquisition Regulation Supplement (DFARS) 226.72) may be counted toward the Contractor’s small disadvantaged business subcontracting goal (section 853 of Pub. L. 108–136, as amended by division H, section 110 of Pub. L. 108–199). (c) A mentor firm, under the Pilot MentorProtege Program established under section 831 of Public Law 101–510, may count VerDate Sep<11>2014 18:20 Dec 30, 2019 Jkt 250001 toward its small disadvantaged business goal, subcontracts awarded to— (1) Protege firms which are qualified organizations employing the severely disabled; and (2) Former protege firms that meet the criteria in section 831(g)(4) of Public Law 101–510. (d) The master plan is approved by the cognizant contract administration activity for the Contractor. (e) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractorspecified formats shall be acceptable. (f)(1) For DoD, the Contractor shall submit reports in eSRS as follows: (i) The Individual Subcontract Report (ISR) shall be submitted to the contracting officer at the procuring contracting office, even when contract administration has been delegated to the Defense Contract Management Agency. (ii) Submit the consolidated SSR for an individual subcontracting plan to the ‘‘Department of Defense.’’ (2) For DoD, the authority to acknowledge receipt or reject reports in eSRS is as follows: (i) The authority to acknowledge receipt or reject the ISR resides with the contracting officer who receives it, as described in paragraph (f)(1)(i) of this clause. (ii) The authority to acknowledge receipt of or reject SSRs submitted under an individual subcontracting plan resides with the SSR Coordinator. (g) Include the clause at DFARS 252.219– 7004, Small Business Subcontracting Plan (Test Program), in subcontracts with subcontractors that participate in the Test Program described in DFARS 219.702–70, if the subcontract is expected to exceed the applicable threshold specified in Federal Acquisition Regulation 19.702(a) and to have further subcontracting opportunities. (End of clause) ■ 9. Add section 252.226–7002 to read as follows: 252.226–7002 Representation for Demonstration Project for Contractors Employing Persons with Disabilities. As prescribed in 226.7203, use the following provision: Representation for Demonstration Project for Contractors Employing Persons With Disabilities (Dec 2019) (a) Definitions. As used in this provision— Eligible contractor means a business entity operated on a for-profit or nonprofit basis that— (1) Employs severely disabled individuals at a rate that averages not less than 33 percent of its total workforce over the 12month period prior to issuance of the solicitation; PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 72561 (2) Pays not less than the minimum wage prescribed pursuant to 29 U.S.C. 206 to the employees who are severely disabled individuals; and (3) Provides, for its employees, health insurance and a retirement plan comparable to those provided for employees by business entities of similar size in its industrial sector or geographic region. Severely disabled individual means an individual with a disability (as defined in 42 U.S.C. 12102) who has a severe physical or mental impairment that seriously limits one or more functional capacities. (b) Demonstration Project. This solicitation is issued pursuant to the Demonstration Project for Contractors Employing Persons with Disabilities. The purpose of the Demonstration Project is to provide defense contracting opportunities for entities that employ severely disabled individuals. To be eligible for award, an offeror must be an eligible contractor as defined in paragraph (a) of this provision. (c) Representation. The offeror represents that it [] is [] is not an eligible contractor as defined in paragraph (a) of this provision. (End of provision) [FR Doc. 2019–27826 Filed 12–30–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 [Docket DARS–2019–0034] RIN 0750–AK43 Defense Federal Acquisition Regulation Supplement: Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019–D008) 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 a section of the National Defense Authorization Act for Fiscal Year 2017 that provides limits on the scope of review by the Small Business Administration’s procurement center representatives for certain solicitations awarded by or for DoD. DATES: Effective December 31, 2019. FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 571– 372–6100. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published a proposed rule in the Federal Register at 84 FR 39256 on E:\FR\FM\31DER2.SGM 31DER2 72562 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations August 9, 2019, to implement section 1811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114–328) and the Small Business Administration (SBA) proposed rule published in the Federal Register on December 4, 2018, at 83 FR 62516. Section 1811 limits the scope of review of DoD solicitations by SBA procurement center representatives. Additionally, section 1811 excludes these procurements from DoD’s small business goals. This final DFARS rule informs contracting officers that SBA procurement center representatives will not review acquisitions conducted by or for DoD, unless the contracting activity requests a review, if the acquisition is— • For foreign military sales (see DFARS 225.7300); • In support of humanitarian and civic assistance; • In support of a contingency operation; • Awarded pursuant to a Status of Forces Agreement or other agreement with the government of a foreign country in which U.S. Armed Forces are deployed; or • Both awarded and performed outside the United States and its outlying areas. SBA’s final rule, published in the Federal Register on November 29, 2019, at 84 FR 65647, states that, unless the contracting agency requests a review, procurement center representatives will not review such procurements. There were no public comments submitted in response to the proposed rule. The final rule includes a minor change to the paragraph numbers in DFARS 219.502–1. khammond on DSKJM1Z7X2PROD 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 create any new provisions or clauses or impact any existing provisions or clauses. III. 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 VerDate Sep<11>2014 18:20 Dec 30, 2019 Jkt 250001 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. IV. 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. V. Regulatory Flexibility Act A final regulatory flexibility analysis (FRFA) has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: This rule revises the Defense Federal Acquisition Regulation Supplement (DFARS) to implement section 1811 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114–328) and the SBA final rule published in the Federal Register on November 29, 2019, at 84 FR 65647. Specifically, the rule informs contracting officers that SBA procurement center representatives will not review acquisitions conducted by or for DoD, unless the contracting activity requests a review, if the acquisition is— • For foreign military sales (see DFARS 225.7300); • In support of humanitarian and civic assistance; • In support of a contingency operation; • Awarded pursuant to a Status of Forces Agreement or other agreement with the government of a foreign country in which U.S. Armed Forces are deployed; or • Both awarded and performed outside the United States and its outlying areas. In addition, section 1811 of the NDAA for FY 2017 excludes these procurements from DoD’s small business goals. This rule is necessary to implement section 1811 of the NDAA for FY 2017. The objective of this rule is to implement, in the DFARS, the limits provided in section 1811 on the scope of review by SBA procurement center representatives. No public comments were received in response to the initial regulatory flexibility analysis. This rule may impact small entities that are interested in performing the types of DoD contracts listed in section 1811 of the NDAA for FY 2017. According to the Federal Procurement Data System (FPDS), DoD awarded an average of 12,658 contracts and orders for performance outside the United States to approximately 1,292 unique PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 small entities per year in FY 2016, 2017, and 2018. Approximately 4 percent of those small entities received awards for foreign military sales. About 8 percent received awards in support of a contingency operation. Approximately 81 percent received awards made pursuant to an agreement such as a Status of Forces Agreement. FPDS does not currently collect data on the type of humanitarian operation identified in section 1811 (i.e., humanitarian and civic assistance), which is very different from the ‘‘humanitarian or peacekeeping’’ operation defined in Federal Acquisition Regulation (FAR) 2.101 and used in the DFARS. FPDS does collect data on humanitarian or peacekeeping operations, as defined in FAR 2.101. FPDS shows that about 1 percent of the small entities performing contracts or orders outside the United States received awards for humanitarian or peacekeeping operations. The data collected may provide some indication of the number of small entities that could perform contracts or orders for the type of humanitarian operation identified in section 1811. This rule does not impose any new reporting, recordkeeping, or other compliance requirements for small entities. There are no known, significant alternatives that would meet the requirements of the applicable statute. VI. 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 219 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR part 219 is amended as follows: PART 219—SMALL BUSINESS PROGRAMS 1. The authority citation for 48 CFR part 219 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Add section 219.402 to subpart 219.4 to read as follows: ■ 219.402 Small Business Administration procurement center representatives. (c)(i) Authority. This section implements section 1811 of the National E:\FR\FM\31DER2.SGM 31DER2 Federal Register / Vol. 84, No. 250 / Tuesday, December 31, 2019 / Rules and Regulations Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114–328). (ii) Definition. As used in this section— Humanitarian and civic assistance means any of the following activities carried out in conjunction with authorized military operations in a foreign country: (A) Medical, surgical, dental, and veterinary care provided in areas of a country that are rural or underserved by professionals in those fields, including education, training, and technical assistance related to the care provided. (B) Construction of rudimentary surface transportation systems. (C) Well drilling and construction of basic sanitation facilities. (D) Rudimentary construction and repair of public facilities. (10 U.S.C. 401(e)) (iii) Exclusions. Unless the contracting activity requests a review, SBA procurement center representatives will not review acquisitions conducted by or for DoD if the acquisition is— (A) For foreign military sales (see 225.7300); (B) In support of humanitarian and civic assistance; (C) In support of a contingency operation; (D) Awarded pursuant to a Status of Forces Agreement or other agreement with the government of a foreign country in which U.S. Armed Forces are deployed; or (E) Both awarded and performed outside the United States and its outlying areas. 3. Revise section 219.502–1 to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES2 219.502–1 Requirements for setting aside acquisitions. Do not set aside acquisitions— (1) For supplies that were developed and financed, in whole or in part, by Canadian sources under the U.S.Canadian Defense Development Sharing Program; or (2) Excluded from procurement center representative review (see 219.402(c)(iii)). DEPARTMENT OF DEFENSE Defense Acquisition Regulation System 48 CFR Parts 204, 215, and 252 [Docket DARS–2019–0001] Defense Federal Acquisition Regulation Supplement: Technical Amendments Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: Final rule. DoD is making needed technical amendments to update the Defense Federal Acquisition Regulation Supplement (DFARS). SUMMARY: DATES: Effective December 31, 2019. 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. FOR FURTHER INFORMATION CONTACT: This final rule amends the DFARS as follows: 1. DFARS sections 204.7001 and 215.404–1 are amended to add a notice to contracting officers to see DFARS Procedures, Guidance, and Information (PGI) 204.7001 and PGI 215.404–1(h) for guidance regarding entering procurement acquisition lead time milestones into the Procurement Integrated Enterprise Environment module and for reviewing and justifying pass-through contracts, respectively. 2. Internet hyperlinks are updated in DFARS clauses 252.204–7012, Safeguarding Covered Defense Information and Cyber Incident Reporting; 252.211–7006, Passive Radio Frequency Identification; and 252.235– 7011, Final Scientific or Technical Report. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Parts 204, 215, and 252 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. [FR Doc. 2019–27827 Filed 12–30–19; 8:45 am] Therefore, 48 CFR parts 204, 215, and 252 are amended as follows: BILLING CODE 5001–06–P ■ 1. The authority citation for 48 CFR parts 204, 215, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. VerDate Sep<11>2014 18:20 Dec 30, 2019 Jkt 250001 PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 72563 PART 204—ADMINISTRATIVE AND INFORMATION MATTERS 2. Add new subpart 204.70, consisting of section 204.7001, to read as follows: ■ Subpart 204.70—Procurement Acquisition Lead Time Sec. 204.7001 Procedures. Subpart 204.70—Procurement Acquisition Lead Time 204.7001 Procedures. Follow the procedures at PGI 204.7001 for reporting procurement acquisition lead time milestones in the Procurement Integrated Enterprise Environment module. PART 215—CONTRACTING BY NEGOTIATION 3. Amend section 215.404–1 by adding paragraph (h) to read as follows: ■ 215.404–1 Proposal analysis techniques. * * * * * (h) Review and justification of passthrough contracts. Follow the procedures at PGI 215.404–1(h)(2) when considering alternative approaches or making the determination that the contracting approach selected is in the best interest of the Government, as required by FAR 15.404–1(h)(2). PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.204–7012 [Amended] 4. Amend section 252.204–7012 by— a. Removing the clause date ‘‘(OCT 2016)’’ and adding ‘‘(DEC 2019)’’ in its place; and ■ b. In paragraphs (c)(1)(ii) and (c)(2), removing ‘‘http://dibnet.dod.mil’’ and adding ‘‘https://dibnet.dod.mil’’ in both places; and ■ c. In paragraph (c)(3), removing ‘‘http://iase.disa.mil/pki/eca/Pages/ index.aspx’’ and adding ‘‘https:// public.cyber.mil/eca/’’ in its place. * * * * * ■ ■ 252.211–7006 [Amended] 5. Amend section 252.211–7006 by— a. Removing the clause date ‘‘(MAR 2016)’’ and adding ‘‘(DEC 2019)’’ in its place; and ■ b. In paragraph (d), removing ‘‘http:// www.epcglobalinc.org/standards/’’ and adding ‘‘http://www.gs1.org/epc-rfid’’ in its place. * * * * * ■ ■ 252.235–7011 ■ [Amended] 6. Amend section 252.235–7011 by— E:\FR\FM\31DER2.SGM 31DER2

Agencies

[Federal Register Volume 84, Number 250 (Tuesday, December 31, 2019)]
[Rules and Regulations]
[Pages 72561-72563]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27827]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 219

[Docket DARS-2019-0034]
RIN 0750-AK43


Defense Federal Acquisition Regulation Supplement: Review of 
Defense Solicitations by Procurement Center Representatives (DFARS Case 
2019-D008)

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 a section of the 
National Defense Authorization Act for Fiscal Year 2017 that provides 
limits on the scope of review by the Small Business Administration's 
procurement center representatives for certain solicitations awarded by 
or for DoD.

DATES: Effective December 31, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone 
571-372-6100.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 84 FR 
39256 on

[[Page 72562]]

August 9, 2019, to implement section 1811 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328) 
and the Small Business Administration (SBA) proposed rule published in 
the Federal Register on December 4, 2018, at 83 FR 62516. Section 1811 
limits the scope of review of DoD solicitations by SBA procurement 
center representatives. Additionally, section 1811 excludes these 
procurements from DoD's small business goals.
    This final DFARS rule informs contracting officers that SBA 
procurement center representatives will not review acquisitions 
conducted by or for DoD, unless the contracting activity requests a 
review, if the acquisition is--
     For foreign military sales (see DFARS 225.7300);
     In support of humanitarian and civic assistance;
     In support of a contingency operation;
     Awarded pursuant to a Status of Forces Agreement or other 
agreement with the government of a foreign country in which U.S. Armed 
Forces are deployed; or
     Both awarded and performed outside the United States and 
its outlying areas.
    SBA's final rule, published in the Federal Register on November 29, 
2019, at 84 FR 65647, states that, unless the contracting agency 
requests a review, procurement center representatives will not review 
such procurements.
    There were no public comments submitted in response to the proposed 
rule. The final rule includes a minor change to the paragraph numbers 
in DFARS 219.502-1.

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 create any new provisions or clauses or impact 
any existing provisions or clauses.

III. 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.

IV. 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.

V. Regulatory Flexibility Act

    A final regulatory flexibility analysis (FRFA) has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. 
The FRFA is summarized as follows:
    This rule revises the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement section 1811 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328) 
and the SBA final rule published in the Federal Register on November 
29, 2019, at 84 FR 65647. Specifically, the rule informs contracting 
officers that SBA procurement center representatives will not review 
acquisitions conducted by or for DoD, unless the contracting activity 
requests a review, if the acquisition is--
     For foreign military sales (see DFARS 225.7300);
     In support of humanitarian and civic assistance;
     In support of a contingency operation;
     Awarded pursuant to a Status of Forces Agreement or other 
agreement with the government of a foreign country in which U.S. Armed 
Forces are deployed; or
     Both awarded and performed outside the United States and 
its outlying areas.
    In addition, section 1811 of the NDAA for FY 2017 excludes these 
procurements from DoD's small business goals.
    This rule is necessary to implement section 1811 of the NDAA for FY 
2017. The objective of this rule is to implement, in the DFARS, the 
limits provided in section 1811 on the scope of review by SBA 
procurement center representatives.
    No public comments were received in response to the initial 
regulatory flexibility analysis.
    This rule may impact small entities that are interested in 
performing the types of DoD contracts listed in section 1811 of the 
NDAA for FY 2017. According to the Federal Procurement Data System 
(FPDS), DoD awarded an average of 12,658 contracts and orders for 
performance outside the United States to approximately 1,292 unique 
small entities per year in FY 2016, 2017, and 2018. Approximately 4 
percent of those small entities received awards for foreign military 
sales. About 8 percent received awards in support of a contingency 
operation. Approximately 81 percent received awards made pursuant to an 
agreement such as a Status of Forces Agreement.
    FPDS does not currently collect data on the type of humanitarian 
operation identified in section 1811 (i.e., humanitarian and civic 
assistance), which is very different from the ``humanitarian or 
peacekeeping'' operation defined in Federal Acquisition Regulation 
(FAR) 2.101 and used in the DFARS. FPDS does collect data on 
humanitarian or peacekeeping operations, as defined in FAR 2.101. FPDS 
shows that about 1 percent of the small entities performing contracts 
or orders outside the United States received awards for humanitarian or 
peacekeeping operations. The data collected may provide some indication 
of the number of small entities that could perform contracts or orders 
for the type of humanitarian operation identified in section 1811.
    This rule does not impose any new reporting, recordkeeping, or 
other compliance requirements for small entities.
    There are no known, significant alternatives that would meet the 
requirements of the applicable statute.

VI. 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 219

    Government procurement.

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

    Therefore, 48 CFR part 219 is amended as follows:

PART 219--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 219 continues to read as 
follows:

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


0
2. Add section 219.402 to subpart 219.4 to read as follows:


219.402  Small Business Administration procurement center 
representatives.

    (c)(i) Authority. This section implements section 1811 of the 
National

[[Page 72563]]

Defense Authorization Act for Fiscal Year 2017 (Pub. L. 114-328).
    (ii) Definition. As used in this section--
    Humanitarian and civic assistance means any of the following 
activities carried out in conjunction with authorized military 
operations in a foreign country:
    (A) Medical, surgical, dental, and veterinary care provided in 
areas of a country that are rural or underserved by professionals in 
those fields, including education, training, and technical assistance 
related to the care provided.
    (B) Construction of rudimentary surface transportation systems.
    (C) Well drilling and construction of basic sanitation facilities.
    (D) Rudimentary construction and repair of public facilities. (10 
U.S.C. 401(e))
    (iii) Exclusions. Unless the contracting activity requests a 
review, SBA procurement center representatives will not review 
acquisitions conducted by or for DoD if the acquisition is--
    (A) For foreign military sales (see 225.7300);
    (B) In support of humanitarian and civic assistance;
    (C) In support of a contingency operation;
    (D) Awarded pursuant to a Status of Forces Agreement or other 
agreement with the government of a foreign country in which U.S. Armed 
Forces are deployed; or
    (E) Both awarded and performed outside the United States and its 
outlying areas.

0
3. Revise section 219.502-1 to read as follows:


219.502-1  Requirements for setting aside acquisitions.

    Do not set aside acquisitions--
    (1) For supplies that were developed and financed, in whole or in 
part, by Canadian sources under the U.S.-Canadian Defense Development 
Sharing Program; or
    (2) Excluded from procurement center representative review (see 
219.402(c)(iii)).

[FR Doc. 2019-27827 Filed 12-30-19; 8:45 am]
 BILLING CODE 5001-06-P