Defense Federal Acquisition Regulation Supplement: Justification and Approval Threshold for 8(a) Contracts (DFARS Case 2020-D006), 34528-34530 [2020-11750]
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34528
Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations
Year 2020 that removes the qualification
requirement for contracting
professionals to have completed 24
semester credit hours (or equivalent) of
study in specifics areas.
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Kerryn Loan, telephone 571–372–6119.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to
implement section 861 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2019 (Pub. L. 116–92).
Section 861 amends section 808 of the
NDAA for FY 2000 (Pub. L. 106–398) by
removing the requirement for
contracting professionals to have
completed at least 24 semester credit
hours (or equivalent) of study from an
accredited institution of higher
education in the areas of accounting,
business, finance, law, contracts,
purchasing, economics, industrial
management, marketing, quantitative
methods, and organization, and
management. The qualification
requirement, implemented at Defense
Federal Acquisition Regulations
Supplement (DFARS) 201.603–
2(1)(iii)(B) and 218.201(1), is removed
by this final rule in accordance with
section 861. The title to DoD Instruction
5000.66 is also updated to read
‘‘Defense Acquisition Workforce
Education, Training, Experience, and
Career Development Program’’ at
DFARS 201.603–2(2)(iii).
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule only impacts the internal
operating procedures of DoD. As such,
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.
lotter on DSK9F5VC42PROD with RULES
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
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expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it only impacts
processes that are internal to DoD.
IV. 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
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget, Office of Information and
Regulatory Affairs, has determined that
this is not a significant regulatory action
as defined under section 3(f) of E.O.
12866 and, therefore, was not subject to
review under section 6(b). This rule is
not a major rule as defined at 5 U.S.C.
804(2).
List of Subjects in 48 CFR Parts 201 and
218
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 201 and 218
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 201 and 218 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 201—FEDERAL ACQUISITION
REGULATION SYSTEM
2. Amend section 201.603–2 by
revising paragraphs (1)(iii) and (2)(iii) to
read as follows:
■
201.603–2
Selection.
(1) * * *
(iii) Have received a baccalaureate
degree from an accredited educational
institution; and
*
*
*
*
*
(2) * * *
(iii) Is an individual appointed to a 3year developmental position.
Information on developmental
opportunities is contained in DoD
Instruction 5000.66, Defense
Acquisition Workforce Education,
Training, Experience, and Career
Development Program.
*
*
*
*
*
V. Executive Order 13771
This rule is not subject to an E.O.
13771, because this rule is not a
significant regulatory action under E.O.
12866.
VI. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section III. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
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Fmt 4700
Sfmt 4700
PART 218—EMERGENCY
ACQUISITIONS
218.201
[Amended]
3. Amend section 218.201 in
paragraph (1) by removing ‘‘and 24
semester credit hours of business related
courses’’.
■
[FR Doc. 2020–11751 Filed 6–4–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 206 and 219
[Docket DARS–2020–0016]
RIN 0750–AK93
Defense Federal Acquisition
Regulation Supplement: Justification
and Approval Threshold for 8(a)
Contracts (DFARS Case 2020–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
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05JNR1
Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations
ACTION:
Final rule.
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 2020.
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, telephone 571–
372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the DFARS to
implement section 823 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2020 (Pub. L. 116–92).
Section 823 increases the threshold for
requiring a justification and approval to
award a sole source contract to a
participant in the 8(a) program to
actions exceeding $100 million. The
current threshold is $22 million. Section
823 also designates the head of the
procuring activity as the approval
authority. To implmement section 823,
the revised threshold is added in a new
DFARS section 206.303–1,
Requirements, and the new approval
authority is added in DFARS 206.304,
Approval of the justification.
Corresponding revisions to indicate the
new threshold are also included at
DFARS 206.303–2, Content, and
219.808–1, Sole source.
lotter on DSK9F5VC42PROD with RULES
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 amends DFARS
206.303 to increase the threshold for
requiring a sole source justification and
approval for contracts to 8(a) program
participants exceeding $100 million.
The rule also designates the appropriate
approval authority.
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
VerDate Sep<11>2014
16:46 Jun 04, 2020
Jkt 250001
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it affects DoD
internal operating procedures pertaining
to sole source justifications for 8(a)
procurements and the designated
approval authority. The increased
threshold and assignment of approval
authority does not have a significant
effect beyond the internal operating
procedures of the agency issuing the
policy. There is no additional cost or
administrative impact on contractors or
offerors.
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).
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Fmt 4700
Sfmt 4700
34529
List of Subjects in 48 CFR Parts 206 and
219
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 206 and 219
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 206 and 219 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 206—COMPETITION
REQUIREMENTS
2. Add section 206.303–1 to read as
follows:
■
206.303–1
Requirements.
(a) In accordance with section 823 of
the National Defense Authorization Act
for Fiscal Year 2020 (Pub. L. 116–92), no
justification and approval is required for
a sole-source contract under the 8(a)
authority (15 U.S.C. 637(a)) for an
amount not exceeding $100 million.
(b) In lieu of FAR 6.303–1(b), in
accordance with section 823 of the
National Defense Authorization Act for
Fiscal Year 2020 (Pub. L. 116–92),
contracting officers shall not award a
sole source contract under the 8(a)
authority (15 U.S.C. 637(a)) for an
amount exceeding $100 million
unless—
(1) The contracting officer justifies the
use of a sole source contract in writing
in accordance with FAR 6.303–2;
(2) The justification is approved in
accordance with 206.304(a)(S–71); and
(3) The justification and related
information are made public after award
in accordance with FAR 6.305.
3. Amend section 206.303–2 by
redesignating paragraph (b)(i) as (b)(ii)
and adding a new paragraph (b)(i) and
paragraph (d) to read as follows:
206.303–2
Content.
(b)(i) In lieu of the threshold at FAR
6.303–2(b), each justification shall
include the information at FAR 6.303–
2(b), except for sole-source 8(a)
contracts over $100 million (see
paragraph (d) of this section).
*
*
*
*
*
(d) In lieu of the threshold at FAR
6.303–2(d), each justification for a solesource 8(a) contract over $100 million
shall include the information at FAR
6.303–2(d).
■ 4. Amend section 206.304 by adding
paragraph (a)(S–71) to read as follows:
206.304
Approval of the justification.
(a) * * *
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34530
Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations
(S–71) In accordance with section 823
of the National Defense Authorization
Act for Fiscal Year 2020 (Pub. L. 116–
92), the head of the procuring activity is
the approval authority for a proposed
sole-source 8(a) contract exceeding $100
million. This authority may only be
delegated to an officer or employee
who—
(1) If a member of the armed forces,
is serving in a rank above brigadier
general or rear admiral (lower half); or
(2) If a civilian, is serving in a
position with a grade under the General
Schedule (or any other schedule for
civilian officers or employees) that is
comparable to or higher than the grade
of major general or rear admiral.
List of Subjects in 48 CFR Part 208
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
PART 219—SMALL BUSINESS
PROGRAMS
Therefore, 48 CFR part 208 is
amended as follows:
5. Amend section 219.808–1 by
adding paragraph (a) to read as follows:
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
219.808–1
■
■
Sole source.
*
*
*
*
*
(a) In lieu of the threshold at FAR
19.808–1(a), the SBA may not accept for
negotiation a DoD sole-source 8(a)
contract exceeding $100 million unless
DoD has completed a justification in
accordance with FAR 6.303 and
206.303–1(b).
1. The authority citation for 48 CFR
part 208 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise section 208.002 to read as
follows:
■
208.002 Priorities for use of mandatory
Government sources.
(a)(1) Supplies. (i) See the guidance at
PGI 208.002(a)(1)(i) to obtain
information on available items in DoD’s
property inventories.
(v) See subpart 208.70, Coordinated
Acquisition, and subpart 208.74,
Enterprise Software Agreements.
[FR Doc. 2020–11750 Filed 6–4–20; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[FR Doc. 2020–11752 Filed 6–4–20; 8:45 am]
BILLING CODE 5001–06–P
48 CFR Part 208
[Docket DARS–2020–0001]
DEPARTMENT OF DEFENSE
Defense Federal Acquisition
Regulation Supplement: Technical
Amendments
Defense Acquisition Regulations
System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
48 CFR Parts 210, 212, 215, and 234
DoD is making needed
technical amendments to update the
Defense Federal Acquisition Regulation
Supplement (DFARS).
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: 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.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows.
Defense Federal Acquisition
Regulation Supplement: Market
Research and Consideration of Value
for the Determination of Price (DFARS
Case 2019–D027)
AGENCY:
SUMMARY:
lotter on DSK9F5VC42PROD with RULES
Section 208.002 heading is corrected to
align with the Federal Acquisition
Regulation naming convention for this
section and to add new paragraphs (a)(1)
introductory text and (a)(1)(i) to provide
a notice to contracting officers to see
DFARS Procedures, Guidance, and
Information 208.002(a)(1)(i) to obtain
information on available items in DoD’s
property inventories. In paragraph
(a)(1)(v), two references to ‘‘Subpart’’ are
changed to ‘‘subpart’’.
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[Docket DARS–2019–0050]
RIN 0750–AK65
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 several sections
SUMMARY:
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
of the National Defense Authorization
Act for Fiscal Year 2017 to address how
contracting officers may require the
offeror to submit relevant information to
support market research for price
analysis, and allow an offeror to submit
information relating to the value of a
commercial item to aid in the
determination of the reasonableness of
the price of such item.
DATES: Effective June 5, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 84 FR 50812 on
September 26, 2019, to implement
sections 871 and 872 of the National
Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114–328). Section
871 modifies 10 U.S.C. 2377, Preference
for acquisition of commercial items, to
state that, to the extent necessary to
support market research for
determination of the reasonableness of
the price of commercial items, the
contracting officer shall use the
information submitted under 10 U.S.C.
2379(d) in the case of major weapon
systems acquired as commercial items;
and in the case of other items, the
contracting officer may require the
offeror to submit relevant information.
Section 872 modifies 10 U.S.C. 2379,
Requirement for determination by
Secretary of Defense and notification to
Congress before procurement of major
weapon systems as commercial items, to
allow an offeror to submit information
or analysis relating to the value of a
commercial item. One respondent
submitted public comments in response
to the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
The final rule removes the discussion
of value analysis at DFARS
234.7002(d)(5) and the associated
definition of ‘‘value analysis’’ at DFARS
234.7001 from the proposed rule.
B. Analysis of Public Comments
Comment: The respondent supports
the proposed rule, with a few
exceptions. The respondent stated that
in the proposed definition of ‘‘value
analysis’’ at DFARS 234.7001, ‘‘cost’’
E:\FR\FM\05JNR1.SGM
05JNR1
]]>Agencies
[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34528-34530]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11750]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 206 and 219
[Docket DARS-2020-0016]
RIN 0750-AK93
Defense Federal Acquisition Regulation Supplement: Justification
and Approval Threshold for 8(a) Contracts (DFARS Case 2020-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
[[Page 34529]]
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 2020.
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 823 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L.
116-92). Section 823 increases the threshold for requiring a
justification and approval to award a sole source contract to a
participant in the 8(a) program to actions exceeding $100 million. The
current threshold is $22 million. Section 823 also designates the head
of the procuring activity as the approval authority. To implmement
section 823, the revised threshold is added in a new DFARS section
206.303-1, Requirements, and the new approval authority is added in
DFARS 206.304, Approval of the justification. Corresponding revisions
to indicate the new threshold are also included at DFARS 206.303-2,
Content, and 219.808-1, Sole source.
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 amends DFARS 206.303 to increase the
threshold for requiring a sole source justification and approval for
contracts to 8(a) program participants exceeding $100 million. The rule
also designates the appropriate approval authority.
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 it affects DoD
internal operating procedures pertaining to sole source justifications
for 8(a) procurements and the designated approval authority. The
increased threshold and assignment of approval authority does not have
a significant effect beyond the internal operating procedures of the
agency issuing the policy. There is no additional cost or
administrative impact on contractors or offerors.
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 Parts 206 and 219
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 206 and 219 are amended as follows:
0
1. The authority citation for 48 CFR parts 206 and 219 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 206--COMPETITION REQUIREMENTS
0
2. Add section 206.303-1 to read as follows:
206.303-1 Requirements.
(a) In accordance with section 823 of the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), no
justification and approval is required for a sole-source contract under
the 8(a) authority (15 U.S.C. 637(a)) for an amount not exceeding $100
million.
(b) In lieu of FAR 6.303-1(b), in accordance with section 823 of
the National Defense Authorization Act for Fiscal Year 2020 (Pub. L.
116-92), contracting officers shall not award a sole source contract
under the 8(a) authority (15 U.S.C. 637(a)) for an amount exceeding
$100 million unless--
(1) The contracting officer justifies the use of a sole source
contract in writing in accordance with FAR 6.303-2;
(2) The justification is approved in accordance with 206.304(a)(S-
71); and
(3) The justification and related information are made public after
award in accordance with FAR 6.305.
3. Amend section 206.303-2 by redesignating paragraph (b)(i) as
(b)(ii) and adding a new paragraph (b)(i) and paragraph (d) to read as
follows:
206.303-2 Content.
(b)(i) In lieu of the threshold at FAR 6.303-2(b), each
justification shall include the information at FAR 6.303-2(b), except
for sole-source 8(a) contracts over $100 million (see paragraph (d) of
this section).
* * * * *
(d) In lieu of the threshold at FAR 6.303-2(d), each justification
for a sole-source 8(a) contract over $100 million shall include the
information at FAR 6.303-2(d).
0
4. Amend section 206.304 by adding paragraph (a)(S-71) to read as
follows:
206.304 Approval of the justification.
(a) * * *
[[Page 34530]]
(S-71) In accordance with section 823 of the National Defense
Authorization Act for Fiscal Year 2020 (Pub. L. 116-92), the head of
the procuring activity is the approval authority for a proposed sole-
source 8(a) contract exceeding $100 million. This authority may only be
delegated to an officer or employee who--
(1) If a member of the armed forces, is serving in a rank above
brigadier general or rear admiral (lower half); or
(2) If a civilian, is serving in a position with a grade under the
General Schedule (or any other schedule for civilian officers or
employees) that is comparable to or higher than the grade of major
general or rear admiral.
PART 219--SMALL BUSINESS PROGRAMS
0
5. Amend section 219.808-1 by adding paragraph (a) to read as follows:
219.808-1 Sole source.
* * * * *
(a) In lieu of the threshold at FAR 19.808-1(a), the SBA may not
accept for negotiation a DoD sole-source 8(a) contract exceeding $100
million unless DoD has completed a justification in accordance with FAR
6.303 and 206.303-1(b).
[FR Doc. 2020-11750 Filed 6-4-20; 8:45 am]
BILLING CODE 5001-06-P
