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

Download as PDF Federal Register / Vol. 85, No. 109 / Friday, June 5, 2020 / Rules and Regulations telecommunications, including ancillary operations related to the provision or use of such services; any matters concerning wireless carriers that also affect wireline carriers in cooperation with the Wireline Competition Bureau; and, in cooperation with the Office of Economics and Analytics, all policies, programs, and rules regarding spectrum auctions, and, in cooperation with the Wireline Competition Bureau and the Office of Economics and Analytics, USF mechanisms affecting wireless carriers. These activities include: Policy development and coordination; conducting rulemaking and adjudicatory proceedings, including licensing and complaint proceedings for matters not within the responsibility of the Enforcement Bureau; acting on waivers of rules; acting on applications for service and facility authorizations; compliance and enforcement activities for matters not within the responsibility of the Enforcement Bureau; determining resource impacts of existing, planned or recommended Commission activities concerning wireless telecommunications, and developing and recommending resource deployment priorities. * * * * * (c) Serves as a staff resource, in coordination with the Office of Economics and Analytics with regard to the development and implementation of spectrum policy through spectrum auctions. Jointly with the Office of Economics and Analytics, develops, recommends and administers policies, programs and rules concerning licensing of spectrum for wireless telecommunications through auctions and advises the Commission on policy, engineering, and technical matters relating to auctions of spectrum used for other purposes. * * * * * ■ 4. Revise § 0.271 to read as follows: lotter on DSK9F5VC42PROD with RULES § 0.271 Authority delegated. The Chief, Office of Economics and Analytics, is delegated authority to perform all functions and activities described in § 0.21 (and to perform the specified functions set forth in in paragraphs (f) through (i) of this section to the extent they fall within the subject matters over which the Office of Economics and Analytics has primary authority under § 0.21), subject to the exceptions and limitations in paragraphs (a) through (e) of this section: (a) The Chief, Office of Economics and Analytics, shall not have authority to act on notices of proposed rulemaking and of inquiry, final orders VerDate Sep<11>2014 16:46 Jun 04, 2020 Jkt 250001 in rulemaking proceedings and inquiry proceedings, and reports arising from any of the foregoing except such order involving ministerial conforming amendments to rule parts and notices and orders addressing the detailed procedures for implementation of auctions of spectrum and broadcast services and uses of competitive bidding to achieve other Commission policy objectives, including universal service support. (b) The Chief, Office of Economics and Analytics, shall not have authority to act on any complaints, petitions, pleadings, requests, or other matters presenting new or novel questions of fact, law, or policy that cannot be resolved under existing precedents and guidelines. (c) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications for review of actions taken by the Chief, Office of Economics and Analytics pursuant to delegated authority, except that the Chief may dismiss any such application that does not comply with the filing requirements of § 1.115(d) and (f) of this chapter. (d) The Chief, Office of Economics and Analytics, shall not have authority to act on any applications that are in hearing status. (e) The Chief, Office of Economics and Analytics, shall not have authority to impose, reduce or cancel forfeitures pursuant to the Communications Act of 1934, as amended, in amounts of more than $80,000. Payments for bid withdrawal, default or to prevent unjust enrichment that are imposed pursuant to Section 309(j) of the Communications Act of 1934, as amended, and regulations in this chapter implementing Section 309(j) governing auction authority, are excluded from this restriction. (f) The Chief, Office of Economics and Analytics, is delegated authority to deny requests for extension of time or to extend the time within which comments may be filed. (g) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for rulemaking that are repetitive or moot or that for other reasons plainly do not warrant consideration by the Commission. (h) The Chief, Office of Economics and Analytics, is authorized to dismiss or deny petitions for reconsideration to the extent permitted by § 1.429(l) of this chapter and to the extent permitted by § 1.106 of this chapter. (i) The Chief, Office of Economics and Analytics, is delegated authority to make nonsubstantive, editorial revisions to the Commission’s rules and PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 34527 regulations contained in part 1, subparts Q, V, W, and AA, of this chapter. ■ 5. Section 0.331 is amended by revising paragraph (b) to read as follows: § 0.331 Authority delegated. * * * * * (b) Authority concerning forfeitures and penalties. The Chief, Wireless Telecommunications Bureau, shall not have authority to impose, reduce, or cancel forfeitures pursuant to the Communications Act of 1934, as amended, and imposed under regulations in this chapter in amounts of more than $80,000 for commercial radio providers and $20,000 for private radio providers. * * * * * PART 54—UNIVERSAL SERVICE 6. The authority citation for part 54 continues to read as follows: ■ Authority: 47 U.S.C. 151, 154(i), 155, 201, 205, 214, 219, 220, 229, 254, 303(r), 403, 1004, and 1302 unless otherwise noted. 7. Section 54.1009 is amended by revising paragraph (c) to read as follows: ■ § 54.1009 Annual reports. * * * * * (c) Each annual report shall be submitted to the Office of the Secretary of the Commission, clearly referencing GN Docket No. 20–104; the Administrator; and the relevant state commissions, relevant authority in a U.S. Territory, or Tribal governments, as appropriate. [FR Doc. 2020–09815 Filed 6–4–20; 8:45 am] BILLING CODE 6712–01–P 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) 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 to implement a section of the National Defense Authorization Act for Fiscal SUMMARY: E:\FR\FM\05JNR1.SGM 05JNR1 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 VerDate Sep<11>2014 16:46 Jun 04, 2020 Jkt 250001 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). PO 00000 Frm 00036 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: E:\FR\FM\05JNR1.SGM 05JNR1

Agencies

[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]


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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