Defense Federal Acquisition Regulation Supplement: Repeal of Annual Reporting Requirements to Congressional Defense Committees (DFARS Case 2020-D004), 34532-34533 [2020-11749]
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34532
Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations
ACTION:
PART 215—CONTRACTING BY
NEGOTIATION
215.403–3 Requiring data other than
certified cost or pricing data.
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(c) Commercial items. For
determinations of price reasonableness
of major weapon systems acquired as
commercial items, see 234.7002(d).
PART 234—MAJOR SYSTEM
ACQUISITION
5. Revise section 234.7001 to read as
follows:
■
Definition.
As used in this subpart—
Major weapon system means a
weapon system acquired pursuant to a
major defense acquisition program.
■ 6. Amend section 234.7002 by
revising paragraph (d) introductory text
and adding paragraph (d)(5) to read as
follows:
234.7002
Policy.
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(d) * * * See 212.209(a) for
requirements of 10 U.S.C. 2377 with
regard to market research.
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(5) An offeror may submit information
or analysis relating to the value of a
commercial item to aid in the
determination of the reasonableness of
the price of such item. A contracting
officer may consider such information
or analysis in addition to the
information submitted pursuant to
paragraphs (d)(1) and (2) of this section.
For additional guidance see PGI
234.7002(d)(5).
[FR Doc. 2020–11748 Filed 6–4–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 215
[Docket DARS–2020–0015]
lotter on DSK9F5VC42PROD with RULES
RIN 0750–AK91
Defense Federal Acquisition
Regulation Supplement: Repeal of
Annual Reporting Requirements to
Congressional Defense Committees
(DFARS Case 2020–D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
VerDate Sep<11>2014
16:46 Jun 04, 2020
Jkt 250001
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 2018.
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, telephone 571–
372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
4. Amend section 215.403–3 by
adding paragraph (c) to read as follows:
■
234.7001
Final rule.
I. Background
DoD is amending the DFARS to
implement section 1051 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2018 (Pub. L. 115–91).
Section 1051 repealed numerous DoD
reporting requirements to Congress, to
include the annual reporting
requirements for commercial items and
exceptional case exceptions and waivers
under section 817 of the NDAA for FY
2003 (Pub. L. 107–314). The section 817
reporting requirements and guidance
regarding exceptions and waivers to cost
or pricing data requirements were
implemented at DFARS 215.403–3(c).
Pursuant to section 1051, this rule
removes the reporting requirements and
guidance.
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 or revise any
solicitation provisions or contract
clauses. This rule removes rescinded
reporting requirements for exceptions
and waivers of cost or pricing data to
congressional defense committees.
III. 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 Office of Federal
Procurement Policy statute (codified at
title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because the rule merely
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Fmt 4700
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removes two statutory reporting
requirements that have been rescinded.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and
E.O. 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 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 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.
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).
List of Subjects in 48 CFR Part 215
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 215 is
amended as follows:
PART 215—CONTRACTING BY
NEGOTIATION
1. The authority for 48 CFR part 215
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
■
2. Amend section 215.403–1 by—
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Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations
a. In paragraph (c)(3)(A) removing
‘‘PGI 215.403–1(c)(3)(A)’’ and adding
‘‘PGI 215.403–1(c)(3)’’ in its place;
■ b. Removing paragraph (c)(3)(B);
■ c. Redesignating paragraph (c)(3)(C) as
paragraph (c)(3)(B); and
■ d. Revising paragraph (c)(4)(B).
The revision reads as follows:
■
215.403–1 Prohibition on obtaining
certified cost or pricing data (10 U.S.C.
2306a and 41 U.S.C. chapter 35).
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(c) * * *
(4) * * *
(B) By November 30th of each year,
departments and agencies shall provide
a report to the Director, Defense Pricing
and Contracting, Pricing and
Contracting Initiatives (DPC/PCI), of all
waivers granted under FAR 15.403–
1(b)(4), during the previous fiscal year,
for any contract, subcontract, or
modification expected to have a value of
$19.5 million or more. See PGI 215.403–
1(c)(4)(B) for the format and guidance
for the report.
*
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[FR Doc. 2020–11749 Filed 6–4–20; 8:45 am]
BILLING CODE 5001–06–P
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
[Docket DARS–2018–0004]
RIN 0750–AJ22
Defense Federal Acquisition
Regulation Supplement: Restrictions
on Acquisitions From Foreign Sources
(DFARS Case 2017–D011); Correction
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Correcting amendments.
AGENCY:
On December 21, 2018, DoD
published a final rule to implement
sections of the National Defense
Authorization Act for Fiscal Year 2017,
including a section that added Australia
and the United Kingdom to the
definition of the ‘‘National Technology
and Industrial Base.’’ This action
corrects several sections of the
regulations where the revised definition
of the ‘‘National Technology and
Industrial Base’’ was inadvertently not
implemented. This document corrects
the final regulations in order to acquire
from Australia or the United Kingdom,
without waiver, certain naval vessel
components.
SUMMARY:
DATES:
I. Background
DoD published a proposed rule in the
Federal Register at 83 FR 42828 on
August 24, 2018, that included
implementation of section 881(b) of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2017. The
final rule was published in the Federal
Register at 83 FR 65560 on December
21, 2018. Section 881(b) amends 10
U.S.C. 2500(1) by adding Australia and
the United Kingdom of Great Britain
and Northern Ireland to the United
States and Canada, as countries within
which the activities of the national
technology and industrial base are
conducted. Title 10 U.S.C. 2534 requires
that DoD only procure certain items, if
the manufacturer of the items is part of
the national technology and industrial
base, unless a waiver is granted by the
Secretary of Defense (previously
delegated to the Under Secretary of
Defense (Acquisition, Technology, and
Logistics); now the Under Secretary of
Defense (Acquisition and Sustainment).
The Under Secretary of Defense
(Acquisition, Technology and Logistics)
had granted annual waivers for certain
naval vessel components from the
United Kingdom. Such waivers are no
longer required now that the United
Kingdom is part of the national
technology and industrial base.
II. Discussion and Analysis
Effective June 5, 2020.
Ms.
Amy G. Williams, telephone 571–372–
6106.
FOR FURTHER INFORMATION CONTACT:
lotter on DSK9F5VC42PROD with RULES
34533
At the time of the final rule, the
DFARS addressed the following
restrictions of 10 U.S.C. 25234:
Citation
Item
Waiver
Action taken
225.7004 ........................
Foreign buses .....................................................
No .....................
225.7006, 252.225–
7037, and 252.225–
7038.
Air circuit breakers for naval vessels .................
Yes—U.K. .........
225.7010 ........................
Certain naval vessel components: gyrocompasses, electronic navigation chart systems, steering controls, pumps, propulsion
and machinery control systems, totally enclosed lifeboats.
Yes—U.K. .........
Added Australia and U.K. at 225.7004–1 and
225.7004–3.
Added Australia and U.K. at 225.7006–1.
Added Australia at 252.225–7037(b) and
252.225–7038. Removed the information regarding the U.K. waiver at 225.7006–3(b) and
225.7006–4(a)(2).
Inadvertently, no action taken.
The actions comparable to those that
were taken with regard to the air circuit
breakers for naval vessels should have
been taken for the other naval vessel
components. These naval vessel
components are listed in a separate
section, because 10 U.S.C. 2534(h)
prohibits the use of contract clauses or
certifications to implement this
restriction. Australia and the United
Kingdom should have been added to the
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list of countries in the national
technology and industrial base at
DFARS 225.7010–1 and paragraph (b)
addressing the waiver for items from the
U.K. at 225.7010–3 should have been
removed. Because of the existing waiver
for certain naval vessel components
from the United Kingdom, this lack of
action has only impacted the acquisition
of these naval vessel components from
Australia.
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In addition, there is a section at
DFARS 225.7008 that addresses the
waiver of restrictions of 10 U.S.C. 2534
in general. For consistency with the new
definition of ‘‘national technology and
industrial base,’’ Australia and the
United Kingdom should have been
added to the discussions of satisfactory
quality, only one source, and
unreasonable costs at DFARS
225.7008(a)(2)(ii) and (iii) and (a)(3)
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]]>Agencies
[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34532-34533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11749]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 215
[Docket DARS-2020-0015]
RIN 0750-AK91
Defense Federal Acquisition Regulation Supplement: Repeal of
Annual Reporting Requirements to Congressional Defense Committees
(DFARS Case 2020-D004)
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 2018.
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to implement section 1051 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L.
115-91). Section 1051 repealed numerous DoD reporting requirements to
Congress, to include the annual reporting requirements for commercial
items and exceptional case exceptions and waivers under section 817 of
the NDAA for FY 2003 (Pub. L. 107-314). The section 817 reporting
requirements and guidance regarding exceptions and waivers to cost or
pricing data requirements were implemented at DFARS 215.403-3(c).
Pursuant to section 1051, this rule removes the reporting requirements
and guidance.
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 or revise any solicitation provisions or
contract clauses. This rule removes rescinded reporting requirements
for exceptions and waivers of cost or pricing data to congressional
defense committees.
III. 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 Office of Federal Procurement Policy
statute (codified at title 41 of the United States Code). Specifically,
41 U.S.C. 1707(a)(1) requires that a procurement policy, regulation,
procedure, or form (including an amendment or modification thereof)
must be published for public comment if it relates to the expenditure
of appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because the rule
merely removes two statutory reporting requirements that have been
rescinded.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.) 12866 and E.O. 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 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
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.
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).
List of Subjects in 48 CFR Part 215
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 215 is amended as follows:
PART 215--CONTRACTING BY NEGOTIATION
0
1. The authority for 48 CFR part 215 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 215.403-1 by--
[[Page 34533]]
0
a. In paragraph (c)(3)(A) removing ``PGI 215.403-1(c)(3)(A)'' and
adding ``PGI 215.403-1(c)(3)'' in its place;
0
b. Removing paragraph (c)(3)(B);
0
c. Redesignating paragraph (c)(3)(C) as paragraph (c)(3)(B); and
0
d. Revising paragraph (c)(4)(B).
The revision reads as follows:
215.403-1 Prohibition on obtaining certified cost or pricing data (10
U.S.C. 2306a and 41 U.S.C. chapter 35).
* * * * *
(c) * * *
(4) * * *
(B) By November 30th of each year, departments and agencies shall
provide a report to the Director, Defense Pricing and Contracting,
Pricing and Contracting Initiatives (DPC/PCI), of all waivers granted
under FAR 15.403-1(b)(4), during the previous fiscal year, for any
contract, subcontract, or modification expected to have a value of
$19.5 million or more. See PGI 215.403-1(c)(4)(B) for the format and
guidance for the report.
* * * * *
[FR Doc. 2020-11749 Filed 6-4-20; 8:45 am]
BILLING CODE 5001-06-P
