Federal Acquisition Regulation: Documentation of Market Research, 67623 [2020-21699]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Page 67623]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21699]



[[Page 67623]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 10 and 12

[FAC 2021-02; FAR Case 2020-006; Item V; Docket No. FAR-2020-0006, 
Sequence No. 1]
RIN 9000-AO09


Federal Acquisition Regulation: Documentation of Market Research

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2020 that requires 
the head of the agency to document the results of market research in a 
manner appropriate to the size and complexity of the acquisition.

DATES: Effective: November 23, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Camara Francis, Procurement 
Analyst, at 202-550-0935 or [email protected] for clarification of 
content. For information pertaining to status or publication schedules, 
contact the Regulatory Secretariat Division at 202-501-4755. Please 
cite FAC 2021-02, FAR Case 2020-006.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA are issuing a final rule to implement section 
818 of the National Defense Authorization Act for Fiscal Year 2020 
(Pub. L. 116-92). Section 818 amends 10 U.S.C. 2377(c) and 41 U.S.C. 
3307(d) to require the head of the agency to document the results of 
market research in a manner appropriate to the size and complexity of 
the acquisition.

II. Discussion and Analysis

    Paragraph (e) of FAR 10.002 currently states that agencies should 
document the results of market research in a manner appropriate to the 
size and complexity of the acquisition. The change will make this 
mandatory. Conforming changes were made to FAR 12.101.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statutory provision that applies to the publication of the FAR 
is 41 U.S.C. 1707. 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 addresses agency documentation of market research. These 
requirements affect only the internal operating procedures of the 
Government.

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 Parts 10 and 12

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 10 and 12 as set 
forth below:

0
1. The authority citation for 48 CFR parts 10 and 12 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 10--MARKET RESEARCH


10.002   [Amended]

0
2. Amend section 10.002 by removing from paragraph (e) ``Agencies 
should'' and adding ``The head of the agency shall'' in its place.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.101  [Amended]

0
3. Amend section 12.101 by removing from the introductory text 
``Agencies'' and adding ``The head of the agency'' in its place.

[FR Doc. 2020-21699 Filed 10-22-20; 8:45 am]
 BILLING CODE 6820-EP-P