Defense Federal Acquisition Regulation Supplement: Review of Defense Solicitations by Procurement Center Representatives (DFARS Case 2019-D008), 72561-72563 [2019-27827]
Download as PDF
<![CDATA[
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 ‘‘https://dibnet.dod.mil’’ and
adding ‘‘https://dibnet.dod.mil’’ in both
places; and
■ c. In paragraph (c)(3), removing
‘‘https://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 ‘‘https://
www.epcglobalinc.org/standards/’’ and
adding ‘‘https://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
