Defense Federal Acquisition Regulation Supplement: Qualifications Requirements for Contracting Positions (DFARS Case 2020-D012), 34527-34528 [2020-11751]

Agencies

• Defense Acquisition Regulations System
• DEPARTMENT OF DEFENSE

[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34527-34528]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11751]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201 and 218

[Docket DARS-2020-0017]
RIN 0750-AK99


Defense Federal Acquisition Regulation Supplement: Qualifications 
Requirements for Contracting Positions (DFARS Case 2020-D012)

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 to implement a section of the 
National Defense Authorization Act for Fiscal

[[Page 34528]]

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 
Off-the-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.

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 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).

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).

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:

0
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

0
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 3-year developmental 
position. Information on developmental opportunities is contained in 
DoD Instruction 5000.66, Defense Acquisition Workforce Education, 
Training, Experience, and Career Development Program.
* * * * *

PART 218--EMERGENCY ACQUISITIONS


218.201  [Amended]

0
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