Defense Federal Acquisition Regulation Supplement: Use of Defense Logistics Agency Energy as a Source of Fuel (DFARS Case 2020-D003), 53683-53684 [2020-18642]
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Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
(FAR). Section 219.303 is now reserved
in the FAR and appropriate coverage is
located at FAR 19.102(b), Determining
the appropriate NAICS codes for the
solicitation. https://www.govinfo.gov/
content/pkg/FR-2020-02-27/pdf/202002028.pdf#page=23.
2. Update the 219.5 subpart heading
to align with the FAR subpart heading.
3. Revise the section 219.502–2
heading to align with the FAR coverage
and renumber the section paragraph.
Paragraph (a) in FAR 19.502–2
addresses acquisitions below the
simplified acquisition threshold (SAT).
The DFARS text addresses specific
types of acquisitions at dollar values
below, at, and above the SAT. The
section is being renumbered to reflect
implementation of the whole section
(i.e., FAR 19.502–2(a) and (b)), not just
a single paragraph.
4. Redesignate section 219.505 as
219.502–8 to align with the FAR.
5. Update the section 219.808 heading
to align with the FAR.
6. Correct cross references in the
introductory text for the following
clauses: 252.245–7000, 252.245–7001,
252.245–7002, and 252.245–7003.
List of Subjects in 48 CFR Parts 219 and
252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
(2) Dredging under $1.5 million; and
(3) Architect-engineer services for
military construction or family housing
projects under $1 million (10 U.S.C.
2855).
219.505
[Redesignated as 219.502–8]
5. Redesignate section 219.505 as
section 219.502–8.
■
219.808
[Amended]
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
[Amended]
7. Amend section 252.245–7000
introductory text by removing
‘‘245.107(1)’’ and adding ‘‘245.107(2)’’
in its place.
■
252.245–7001
[Amended]
8. Amend section 252.245–7001
introductory text by removing
‘‘245.107(2)’’ and adding ‘‘245.107(3)’’
in its place.
■
252.245–7002
[Amended]
9. Amend section 252.245–7002
introductory text by removing
‘‘245.107(3)’’ and adding ‘‘245.107(4)’’
in its place.
■
252.245–7003
Therefore, 48 CFR parts 219 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 219 and 252 continues to read as
follows:
[Amended]
10. Amend section 252.245–7003
introductory text by removing
‘‘245.107(4)’’ and adding ‘‘245.107(5)’’
in its place.
■
[FR Doc. 2020–18635 Filed 8–28–20; 8:45 am]
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
BILLING CODE 5001–06–P
PART 219—SMALL BUSINESS
PROGRAMS
DEPARTMENT OF DEFENSE
219.303
Defense Acquisition Regulations
System
[Removed]
2. Remove section 219.303.
3. Revise the heading for subpart
219.5 to read as follows:
■
48 CFR Part 251
■
[Docket DARS–2020–0029]
khammond on DSKJM1Z7X2PROD with RULES
Subpart 219.5—Small Business Total
Set-Asides, Partial Set-Asides, and
Reserves
RIN 0750–AK90
Defense Federal Acquisition
Regulation Supplement: Use of
■ 4. Revise section 219.502–2 to read as
Defense Logistics Agency Energy as a
follows:
Source of Fuel (DFARS Case 2020–
219.502–2 Total small business set-asides. D003)
Unless the contracting officer
AGENCY: Defense Acquisition
determines that the criteria for set-aside Regulations System, Department of
cannot be met, set aside for small
Defense (DoD).
business concerns acquisitions for—
ACTION: Final rule.
(1) Construction, including
maintenance and repairs, under $2.5
SUMMARY: DoD is issuing a final rule
million;
amending the Defense Federal
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
PO 00000
Frm 00039
Fmt 4700
Acquisition Regulation Supplement
(DFARS) to permit the use Defense
Logistics Agency Energy as a source of
fuel for contractors performing under
certain contracts.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
I. Background
6. Amend the heading for section
219.808 by removing ‘‘negotiations’’ and
adding ‘‘negotiation’’ in its place.
■
252.245–7000
53683
Sfmt 4700
DoD is issuing a final rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
permit contracting officers to authorize
contractors to use Defense Logistics
Agency (DLA) Energy as a source for
Defense Working Capital Fund fuel in
the performance of other than costreimbursement contracts. Supplemental
guidance and information, on the
internal procedures a contracting officer
must follow to provide this
authorization, are being implemented in
DFARS Procedures, Guidance, and
Information.
DoD contractors provide supplies and
services that require the use of ground,
aviation, or marine fuels in performance
of their contracts. In some instances,
these supplies and services are required
in locations where there are no
commercial fuel sources available, the
quality of fuel is degraded, or the
commercial fuel supply is inadequate.
As a result, the availability of reliable
and quality fuel becomes critical for
contract performance.
DLA Energy has a worldwide bulkfuel supply chain that can provide
military specification fuels, as well as
most commercial specification ground
fuels (e.g., gasoline, diesel, and heating
fuel), on military bases. As an
acquisition policy, Federal Acquisition
Regulation (FAR) 51.1 permits
contracting officers to authorize
contractors to use Government supply
sources in the performance of costreimbursement contracts.
The use of fixed-price contracts has
increased as a result of statutory and
policy acquisition requirements that
attempt to reduce risk to the
Government. For example, 41 U.S.C.
3307(e)(4)(A)(i) requires commercial
supplies and services to be acquired via
fixed-price or time-and-materials
contracts. As a result, many of the
requirements that need to use DLA
Energy ground, aviation, or marine fuels
are now being awarded as fixed-price
contracts and, therefore, are not eligible
to authorize the use Government supply
sources in performance of the contract,
in accordance with FAR 51.1.
DoD mission-critical supplies and
services are provided by contractors
E:\FR\FM\31AUR1.SGM
31AUR1
53684
Federal Register / Vol. 85, No. 169 / Monday, August 31, 2020 / Rules and Regulations
under fixed-price contracts that rely on
the ability to utilize fuels for successful
contract performance. As a result, this
rule intends to help stabilize
contractor’s fuel costs and supply chain
for fuel, as well as reduce contract
performance risk by providing
contractors with an adequate and
reliable source of fuel, when applicable
and necessary.
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 new
provisions or clauses or impact any
existing provisions or clauses.
khammond on DSKJM1Z7X2PROD 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 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 is
updating internal operating procedures
to permit and advise contracting officers
on the procedures to follow when
authorizing contractors, as necessary, to
use DLA Energy as a source of fuel in
performance of certain contracts.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
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
VerDate Sep<11>2014
16:03 Aug 28, 2020
Jkt 250001
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.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 222
[Docket No. 200731–0203]
VI. Regulatory Flexibility Act
RIN 0648–BI91
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.
2020 Annual Determination To
Implement the Sea Turtle Observer
Requirement
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 251
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR part 251 is
amended as follows:
PART 251—USE OF GOVERNMENT
SOURCES BY CONTRACTORS
1. The authority citation for 48 CFR
part 251 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 252.101 is added to read as
follows:
■
251.101
Policy.
(a)(1) Notwithstanding the restriction
at FAR 51.101(a)(1), contracting officers
may authorize contractors to use
Defense Logistics Agency Energy as a
source of fuel in performance of other
than cost-reimbursement contracts,
when the fuel is funded by the Defense
Working Capital Fund. When providing
this authorization to contractors, follow
the procedures at PGI 251.101.
[FR Doc. 2020–18642 Filed 8–28–20; 8:45 am]
BILLING CODE 5001–06–P
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Fmt 4700
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National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final determination.
AGENCY:
The National Marine
Fisheries Service (NMFS) publishes the
final Annual Determination (AD) for
2020, pursuant to its authority under the
Endangered Species Act (ESA or Act).
Through the AD, NMFS identifies U.S.
fisheries operating in the Atlantic
Ocean, Gulf of Mexico, and Pacific
Ocean that will be required to take
fisheries observers upon NMFS’ request.
The purpose of observing identified
fisheries is to learn more about sea turtle
bycatch in a given fishery, evaluate
measures to prevent or reduce sea turtle
bycatch, and implement the prohibition
against sea turtle takes. Fisheries
identified on the 2020 AD (see Table 1)
will remain on the AD for a five-year
period from the effective date of the
final determination and will be required
to carry observers upon NMFS’ request.
DATES: This final determination is
effective September 30, 2020.
ADDRESSES: Chief, Marine Mammal and
Sea Turtle Conservation Division, Office
of Protected Resources, NMFS, 1315
East-West Highway, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Jaclyn Taylor, Office of Protected
Resources, 301–427–8402; Ellen Keane,
Greater Atlantic Region, 978–282–8476;
Dennis Klemm, Southeast Region, 727–
824–5312; Dan Lawson, West Coast
Region, 206–526–4740; Irene Kelly,
Pacific Islands Region, 808–725–5141.
Individuals who use a
telecommunications device for the
hearing impaired may call the Federal
Information Relay Service at 1–800–
877–8339 between 8 a.m. and 4 p.m.
Eastern time, Monday through Friday,
excluding Federal holidays.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Purpose of the Sea Turtle Observer
Requirement
Under the ESA, 16 U.S.C. 1531 et seq.,
NMFS has the responsibility to
E:\FR\FM\31AUR1.SGM
31AUR1
]]>Agencies
[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53683-53684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18642]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 251
[Docket DARS-2020-0029]
RIN 0750-AK90
Defense Federal Acquisition Regulation Supplement: Use of Defense
Logistics Agency Energy as a Source of Fuel (DFARS Case 2020-D003)
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 permit the use Defense
Logistics Agency Energy as a source of fuel for contractors performing
under certain contracts.
DATES: Effective August 31, 2020.
FOR FURTHER INFORMATION CONTACT: Ms. Carrie Moore, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to permit contracting
officers to authorize contractors to use Defense Logistics Agency (DLA)
Energy as a source for Defense Working Capital Fund fuel in the
performance of other than cost-reimbursement contracts. Supplemental
guidance and information, on the internal procedures a contracting
officer must follow to provide this authorization, are being
implemented in DFARS Procedures, Guidance, and Information.
DoD contractors provide supplies and services that require the use
of ground, aviation, or marine fuels in performance of their contracts.
In some instances, these supplies and services are required in
locations where there are no commercial fuel sources available, the
quality of fuel is degraded, or the commercial fuel supply is
inadequate. As a result, the availability of reliable and quality fuel
becomes critical for contract performance.
DLA Energy has a worldwide bulk-fuel supply chain that can provide
military specification fuels, as well as most commercial specification
ground fuels (e.g., gasoline, diesel, and heating fuel), on military
bases. As an acquisition policy, Federal Acquisition Regulation (FAR)
51.1 permits contracting officers to authorize contractors to use
Government supply sources in the performance of cost-reimbursement
contracts.
The use of fixed-price contracts has increased as a result of
statutory and policy acquisition requirements that attempt to reduce
risk to the Government. For example, 41 U.S.C. 3307(e)(4)(A)(i)
requires commercial supplies and services to be acquired via fixed-
price or time-and-materials contracts. As a result, many of the
requirements that need to use DLA Energy ground, aviation, or marine
fuels are now being awarded as fixed-price contracts and, therefore,
are not eligible to authorize the use Government supply sources in
performance of the contract, in accordance with FAR 51.1.
DoD mission-critical supplies and services are provided by
contractors
[[Page 53684]]
under fixed-price contracts that rely on the ability to utilize fuels
for successful contract performance. As a result, this rule intends to
help stabilize contractor's fuel costs and supply chain for fuel, as
well as reduce contract performance risk by providing contractors with
an adequate and reliable source of fuel, when applicable and necessary.
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 new provisions or clauses or impact any
existing provisions or clauses.
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 is
updating internal operating procedures to permit and advise contracting
officers on the procedures to follow when authorizing contractors, as
necessary, to use DLA Energy as a source of fuel in performance of
certain contracts.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 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
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 251
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR part 251 is amended as follows:
PART 251--USE OF GOVERNMENT SOURCES BY CONTRACTORS
0
1. The authority citation for 48 CFR part 251 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 252.101 is added to read as follows:
251.101 Policy.
(a)(1) Notwithstanding the restriction at FAR 51.101(a)(1),
contracting officers may authorize contractors to use Defense Logistics
Agency Energy as a source of fuel in performance of other than cost-
reimbursement contracts, when the fuel is funded by the Defense Working
Capital Fund. When providing this authorization to contractors, follow
the procedures at PGI 251.101.
[FR Doc. 2020-18642 Filed 8-28-20; 8:45 am]
BILLING CODE 5001-06-P
