Defense Federal Acquisition Regulation Supplement: Definition of “Micro-Purchase Threshold” (DFARS Case 2018-D056), 53680-53681 [2020-18634]

Download as PDF 53680 Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations B. Summary of Errors in the Regulations Text On page 47207 of the FY 2016 final rule, we made technical errors in the regulations text of § 418.312. In this section, we inadvertently omitted language on our extension and exemption requirements policy. Accordingly, we are adding § 418.312(i) to accurately reflect our policy on extension and exemption requirements for the hospice quality reporting program (HQRP). C. Summary and Corrections of Errors in the Addenda on the CMS Website We inadvertently omitted language on our extension and exemption requirements policy. Accordingly, we are adding § 418.312(i) to accurately reflect our policy on extension and exemption requirements for the HQRP. khammond on DSKJM1Z7X2PROD with RULES III. Waiver of Proposed Rulemaking and Delay in Effective Date We ordinarily publish a notice of proposed rulemaking in the Federal Register to provide a period for public comment before the provisions of a rule take effect in accordance with section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). However, we can waive this notice and comment procedure if the Secretary of the Department of Health and Human Services (Secretary) finds, for good cause, that the notice and comment process is impracticable, unnecessary, or contrary to the public interest, and incorporates a statement of the finding and the reasons therefore in the notice. Section 553(d) of the APA ordinarily requires a 30-day delay in effective date of final rules after the date of their publication in the Federal Register. This 30-day delay in effective date can be waived, however, if an agency finds for good cause that the delay is impracticable, unnecessary, or contrary to the public interest, and the agency incorporates a statement of the findings and its reasons in the rule issued. Our policy on HQRP Submission Extension and Exemption Requirements at § 418.312 in the FY 2016 final rule has previously been subjected to notice and comment procedures. These corrections are consistent with the discussion of this policy in the FY 2016 final rule and do not make substantive changes to this policy as referenced at 80 FR 47193, ‘‘in order to be considered, a request for an exemption or extension must contain all of the finalized requirements as outlined on our website at https://wayback.archive-it.org/2744/ 20150127181435/http:/www.cms.gov/ Medicare/Quality-Initiatives-Patient- VerDate Sep<11>2014 16:03 Aug 28, 2020 Jkt 250001 Assessment-Instruments/HospiceQuality-Reporting/index.html.’’ This correcting amendment merely corrects technical errors in the regulations text of the FY 2016 final rule. As a result, this correcting amendment is intended to ensure that the FY 2016 final rule accurately reflects the policy adopted in the final rule. Therefore, we find that undertaking further notice and comment procedures to incorporate these corrections into the final rule is unnecessary and contrary to the public interest. For the same reasons, we are also waiving the 30-day delay in effective date for this correcting amendment. We believe that it is in the public interest to ensure that the FY 2016 final rule accurately states our policy on HQRP Submission Extension and Exemption Requirements at § 418.312. Thus delaying the effective date of these corrections would be contrary to the public interest. Therefore, we also find good cause to waive the 30-day delay in effective date. List of Subjects in 42 CFR Part 418 Health facilities, Hospice care, Medicare, Reporting and recordkeeping requirements. Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments: PART 418—HOSPICE CARE 1. The authority citation for part 418 continues to read as follows: ■ Authority: 42 U.S.C. 1302 and 1395hh. 2. Section 418.312 is amended by adding paragraph (i) to read as follows: ■ (iv) CEO or CEO-designated personnel contact information including name, title, telephone number, email address, and mailing address (the address must be a physical address, not a post office box). (v) Hospice’s reason for requesting the exemption or extension. (vi) Evidence of the impact of extraordinary circumstances beyond the hospice’s control, including, but not limited to photographs, newspaper, other media articles, or independent sources attesting to the incident that can be reasonably corroborated. Include dates of occurrence and other documentation that may support the rationale for seeking extension or exemption. (vii) Date when the hospice believes it will be able to again submit data under paragraph (b) of this section and a justification for the proposed date. (3) CMS may grant exemptions or extensions to hospices without a request if it determines that one or more of the following has occurred: (i) An extraordinary circumstance, such as an act of nature including a pandemic, affects an entire region or locale. (ii) A systemic problem with one of CMS’ data collection systems directly affect the ability of a hospice to submit data under paragraph (b) of this section. Dated: August 24, 2020. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services. [FR Doc. 2020–18905 Filed 8–28–20; 8:45 am] BILLING CODE 4120–01–P § 418.312 Data submission requirements under the hospice quality reporting program. DEPARTMENT OF DEFENSE * Defense Acquisition Regulations System * * * * (i) Exemptions and extensions requirements. (1) A hospice may request and CMS may grant exemptions or extensions to the reporting requirements under paragraph (b) of this section for one or more quarters, when there are certain extraordinary circumstances beyond the control of the hospice. (2) A hospice requesting an exemption or extension must do so within 90 days of the date that the extraordinary circumstances occurred by sending an email to CMS Hospice QRP Reconsiderations at HospiceQRPReconsiderations@ cms.hhs.gov that contains all of the following information: (i) Hospice CMS Certification Number (CCN). (ii) Hospice Business Name. (iii) Hospice Business Address. PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 48 CFR Part 202 [Docket DARS–2019–0068] RIN 0750–AK17 Defense Federal Acquisition Regulation Supplement: Definition of ‘‘Micro-Purchase Threshold’’ (DFARS Case 2018–D056) 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\31AUR1.SGM 31AUR1 Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations Year 2019 that increases the micropurchase threshold for DoD from $5,000 to $10,000 and repeals a section in the United States Code. DATES: Effective August 31, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, telephone 571–372– 6095. khammond on DSKJM1Z7X2PROD with RULES SUPPLEMENTARY INFORMATION: 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 DoD is not issuing a new regulation; rather, this rule merely removes an obsolete definition from the DFARS. I. Background DoD is amending the DFARS to remove the definition of ‘‘micropurchase threshold’’ at DFARS 202.101. Section 821 of the National Defense Authorization Act for Fiscal Year 2019 amends 10 U.S.C. 2338 by increasing the micro-purchase threshold for DoD from $5,000 to $10,000 and repealing 10 U.S.C. 2339. An exception to the $5,000 micro-purchase threshold is provided at 10 U.S.C. 2339 for basic research and activities of DoD science and technology reinvention laboratories with a micropurchase threshold of $10,000 for those activities. The DFARS definition at 202.101, which includes a micropurchase threshold of $5,000 for DoD with the exception of $10,000 for basic research and activities of DoD science and technology reinvention laboratories, is now obsolete. The Federal Acquisition Regulation (FAR) definition of micro-purchase threshold now applies to DoD, so the outdated DFARS coverage is being removed. IV. Executive Orders 12866 and 13563 II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule only removes the obsolete DFARS ‘‘micro-purchase threshold’’ definition at 202.101. Therefore, the rule does not impose any new requirements on contracts at or below the simplified acquisition threshold and for commercial items, including commercially available off-the-shelf items. V. Executive Order 13771 III. Publication of This Final Rule for Public Comment Is Not Required by Statute The statute that applies to the publication of the FAR is the 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 VerDate Sep<11>2014 16:03 Aug 28, 2020 Jkt 250001 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 (OIRA), 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). This rule is not an E.O. 13771 regulatory action, because this rule is not significant 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 00037 Fmt 4700 Sfmt 4700 53681 List of Subjects in 48 CFR Part 202 Government procurement. Jennifer Lee Hawes, Regulatory Control Officer, Defense Acquisition Regulations System. Therefore, 48 CFR part 202 is amended as follows: PART 202—DEFINITIONS OF WORDS AND TERMS 1. The authority citation for 48 CFR part 202 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 202.101 [Amended] 2. Amend section 202.101 by removing the definition of ‘‘Micropurchase threshold’’. ■ [FR Doc. 2020–18634 Filed 8–28–20; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Parts 216 and 252 [Docket DARS–2020–0028] RIN 0750–AL10 Defense Federal Acquisition Regulation Supplement: Repeal of DFARS Clause ‘‘Ordering’’ (DFARS Case 2020–D024) 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 remove a clause that is no longer necessary. DATES: Effective August 31, 2020. FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571–372–6093. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DFARS clause 252.216–7006, Ordering, is included in DoD solicitations and contracts when an indefinite-delivery/definite-quantity, requirements, or indefinite-delivery/ indefinite-quantity contract type is contemplated. The clause notifies contractors of the ordering period for the contract, that orders are subject to the terms and conditions of the contract, and that an order is considered issued by the Government if sent via fax, U.S. mail, or electronic commerce. The E:\FR\FM\31AUR1.SGM 31AUR1

Agencies

[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53680-53681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18634]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2019-0068]
RIN 0750-AK17


Defense Federal Acquisition Regulation Supplement: Definition of 
``Micro-Purchase Threshold'' (DFARS Case 2018-D056)

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 53681]]

Year 2019 that increases the micro-purchase threshold for DoD from 
$5,000 to $10,000 and repeals a section in the United States Code.

DATES: Effective August 31, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Ziegler, telephone 571-
372-6095.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to remove the definition of ``micro-
purchase threshold'' at DFARS 202.101. Section 821 of the National 
Defense Authorization Act for Fiscal Year 2019 amends 10 U.S.C. 2338 by 
increasing the micro-purchase threshold for DoD from $5,000 to $10,000 
and repealing 10 U.S.C. 2339. An exception to the $5,000 micro-purchase 
threshold is provided at 10 U.S.C. 2339 for basic research and 
activities of DoD science and technology reinvention laboratories with 
a micro-purchase threshold of $10,000 for those activities. The DFARS 
definition at 202.101, which includes a micro-purchase threshold of 
$5,000 for DoD with the exception of $10,000 for basic research and 
activities of DoD science and technology reinvention laboratories, is 
now obsolete. The Federal Acquisition Regulation (FAR) definition of 
micro-purchase threshold now applies to DoD, so the outdated DFARS 
coverage is being removed.

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 removes the obsolete DFARS ``micro-purchase 
threshold'' definition at 202.101. Therefore, the rule does not impose 
any new requirements on contracts at or below the simplified 
acquisition threshold and 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 FAR is the 
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 DoD is not issuing a new regulation; rather, this rule merely 
removes an obsolete definition from the DFARS.

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 (OIRA), 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 an E.O. 13771 regulatory action, because this rule 
is not significant 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 Part 202

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 202 is amended as follows:

PART 202--DEFINITIONS OF WORDS AND TERMS

0
1. The authority citation for 48 CFR part 202 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


202.101  [Amended]

0
2. Amend section 202.101 by removing the definition of ``Micro-purchase 
threshold''.

[FR Doc. 2020-18634 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P