Defense Federal Acquisition Regulation Supplement: Evaluation Factor for Employing or Subcontracting With Members of the Selected Reserve (DFARS Case 2021-D013), 15813-15814 [2022-05533]
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Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations
(DFARS) to implement section 820 of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2021 (Pub.
L. 116–283). Section 820 expands the
application of the expedited contract
closeout authority of section 836 of the
NDAA for FY 2017, implemented at
DFARS 204.804(3)(i)(A), to certain
contracts or groups of contracts that
were awarded at least 7 to 10 FYs before
the current FY and have completed
performance or delivery at least 4 years
prior to the current FY. The new 10-year
standard will apply to contracts or
groups of contracts for military
construction, as defined in 10 U.S.C.
2801, or shipbuilding, while the 7-year
standard will apply to all other
contracts.
The objective of the rule is to
implement the requirements of section
820, which expands the application of
the expedited contract closeout
authority of section 836 of the NDAA for
FY 2017 to more recent, physically
complete contracts. The legal basis of
the rule is section 820 of the NDAA for
FY 2021.
There were no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
This rule will likely affect small
entities that have been or will be
awarded DoD contracts, including those
under FAR part 12 procedures for the
acquisition of commercial products,
including commercially available offthe-shelf items, and commercial
services. Data was obtained from the
Electronic Data Access module of the
Procurement Integrated Enterprise
Environment for contracts that were
physically completed at least 4 years
ago and are eligible for closeout between
the new standard of 7 or 10 years and
the previous standard of at least 17
fiscal years after award. These numbers
were then compared to the Federal
Procurement Data System (FPDS) to
estimate the number of contracts
awarded to small entities. Contracts
subject to the previous standard of 17
years are included in this estimate.
As of April 2021, the FPDS data
indicate that approximately 29,200
contracts, eligible for expedited closeout
under the 7-year standard, were
awarded to an estimated 4,490 unique
small entities. An additional estimated
1,775 contracts, subject to the 10-year
standard, were awarded to
approximately 576 small entities. As a
result, DoD estimates that
approximately 5,066 small entities will
have the opportunity to benefit from the
expanded expedited contract authorities
provided in this rule.
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20:13 Mar 17, 2022
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The rule does not impose any new
reporting, recordkeeping, or compliance
requirements.
There are no practical alternatives
that will accomplish the objectives of
the statute.
VIII. Paperwork Reduction Act
This rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 204
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 204 is
amended as follows:
PART 204—ADMINISTRATIVE AND
INFORMATION MATTERS
1. The authority citation for 48 CFR
part 204 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 204.804 by revising
paragraph (3)(i) to read as follows:
■
204.804
Closeout of contract files.
*
*
*
*
*
(3)(i) In accordance with section 836
of the National Defense Authorization
Act for Fiscal Year 2017 (Pub. L. 114–
328), section 824 of the National
Defense Authorization Act for Fiscal
Year 2018 (Pub. L. 115–91), and section
820 of the National Defense
Authorization Act for Fiscal Year 2021
(Pub. L. 116–283), contracting officers
may close out contracts or groups of
contracts through issuance of one or
more modifications to such contracts
without completing a reconciliation
audit or other corrective action in
accordance with FAR 4.804–5(a)(3)
through (15), as appropriate, if each
contract—
(A)(1) For military construction (as
defined at 10 U.S.C. 2801) or
shipbuilding, was awarded at least 10
fiscal years before the current fiscal
year; or
(2) For all other contracts, was
awarded at least 7 fiscal years before the
current fiscal year;
(B) The performance or delivery was
completed at least 4 years prior to the
current fiscal year; and
(C) Has been determined by a
contracting official, at least one level
above the contracting officer, to be not
otherwise reconcilable, because—
(1) The contract or related payment
records have been destroyed or lost; or
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15813
(2) Although contract or related
payment records are available, the time
or effort required to establish the exact
amount owed to the U.S. Government or
amount owed to the contractor is
disproportionate to the amount at issue.
*
*
*
*
*
[FR Doc. 2022–05532 Filed 3–17–22; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
48 CFR Parts 215 and 252
[Docket DARS–2022–0005]
RIN 0750–AL31
Defense Federal Acquisition
Regulation Supplement: Evaluation
Factor for Employing or
Subcontracting With Members of the
Selected Reserve (DFARS Case 2021–
D013)
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 implement a section of the
National Defense Authorization Act for
Fiscal Year 2021.
DATES: Effective March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly R. Ziegler, Telephone 571–
372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the DFARS to
implement section 821 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2021 (Pub. L. 116–283)
that removes the burden of proof at 10
U.S.C. 2305 note when using an
evaluation factor for employing or
subcontracting with members of the
Selected Reserve. Accordingly, this rule
removes DFARS solicitation provision
252.215–7005, Evaluation Factor for
Employing or Subcontracting with
Members of the Selected Reserve, and
makes conforming changes to the
associated provision and clause
prescriptions at DFARS 215.370–3.
DFARS provision 252.215–7005 is
included in solicitations that contain an
evaluation factor that considers whether
an offeror intends to perform the
contract using employees or individual
subcontractors who are members of the
Selected Reserve. If an offeror intends to
use such employees or subcontractors,
the provision requires the offeror to
submit certain documentation as proof
E:\FR\FM\18MRR2.SGM
18MRR2
15814
Federal Register / Vol. 87, No. 53 / Friday, March 18, 2022 / Rules and Regulations
of its intent with its response to the
solicitation.
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
II. 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 41 U.S.C. 1707,
Publication of Proposed Regulations.
Subsection (a)(1) of the statute 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
merely removing an unneeded
solicitation provision from the DFARS.
The rule primarily impacts internal
operating procedures and has no
significant cost or administrative impact
on contractors or offerors.
V. Congressional Review Act
jspears on DSK121TN23PROD with RULES2
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT), for Commercial
Products Including Commercially
Available Off-the-Shelf (COTS) Items,
and for Commercial Services
This rule removes DFARS provision
252.215–7005, Evaluation Factor for
Employing or Subcontracting with
Members of the Selected Reserve, and
the associated prescription at DFARS
215.370–3. The rule does not impose
any new requirements on contracts at or
below the simplified acquisition
threshold, for commercial products
including commercially available offthe-shelf items, or for commercial
services.
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
VerDate Sep<11>2014
20:13 Mar 17, 2022
Jkt 256001
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules Under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and to the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
This rule removes the information
collection requirements associated with
the provision at DFARS 252.215–7005,
Evaluation Factor for Employing or
Subcontracting with Members of the
Selected Reserve, currently approved
under Office of Management and Budget
(OMB) Control Number 0704–0446,
entitled ‘‘Defense Federal Acquisition
Regulation Supplement (DFARS)
Evaluation Factor for Use of Members of
the Armed Forces Selected Reserve’’.
Accordingly, DoD submitted, and OMB
approved, the following reduction of the
annual reporting burden and OMB
inventory of hours under OMB Control
Number 0704–0446 as follows:
Respondents: 13.
Responses per respondent: 1.
Total annual responses: 13.
Hours per response: 20.
Total response burden hours: 260.
List of Subjects in 48 CFR Parts 215 and
252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 215 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 215 and 252 continues to read as
follows:
PART 215—CONTRACTING BY
NEGOTIATION
2. Revise section 215.370–1 to read as
follows:
■
215.370–1
Definition.
As used in this section—
Selected Reserve has the meaning
given that term in 10 U.S.C. 10143.
Selected Reserve members normally
attend regular drills throughout the year
and are the group of Reserves most
readily available to the President.
3. Revise section 215.370–3 to read as
follows:
■
215.370–3
Contract clause.
Use the clause at 252.215–7006, Use
of Employees or Individual
Subcontractors Who Are Members of the
Selected Reserve, in solicitations and
resulting contracts that include an
evaluation factor considering whether
an offeror intends to perform the
contract using employees or individual
subcontractors who are members of the
Selected Reserve.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.215–7005
4. Remove and reserve section
252.215–7005.
■
5. Amend section 252.215–7006 by—
a. In the introductory text, removing
‘‘215.370–3(b)’’ and adding ‘‘215.370–3’’
in its place; and
■ b. Revising the clause date and
paragraph (a).
The revisions read as follows:
■
■
252.215–7006 Use of Employees or
Individual Subcontractors Who Are
Members of the Selected Reserve.
*
*
*
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Fmt 4701
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*
*
Use of Employees or Individual
Subcontractors Who Are Members of the
Selected Reserve (Mar 2022)
(a) Definition. As used in this clause—
Selected Reserve has the meaning given
that term in 10 U.S.C. 10143. Selected
Reserve members normally attend regular
drills throughout the year and are the group
of Reserves most readily available to the
President.
*
*
*
*
*
[FR Doc. 2022–05533 Filed 3–17–22; 8:45 am]
BILLING CODE 5001–06–P
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PO 00000
[Removed and Reserved]
E:\FR\FM\18MRR2.SGM
18MRR2
]]>Agencies
[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Rules and Regulations]
[Pages 15813-15814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05533]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Parts 215 and 252
[Docket DARS-2022-0005]
RIN 0750-AL31
Defense Federal Acquisition Regulation Supplement: Evaluation
Factor for Employing or Subcontracting With Members of the Selected
Reserve (DFARS Case 2021-D013)
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 implement a section of the
National Defense Authorization Act for Fiscal Year 2021.
DATES: Effective March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, Telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to implement section 821 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L.
116-283) that removes the burden of proof at 10 U.S.C. 2305 note when
using an evaluation factor for employing or subcontracting with members
of the Selected Reserve. Accordingly, this rule removes DFARS
solicitation provision 252.215-7005, Evaluation Factor for Employing or
Subcontracting with Members of the Selected Reserve, and makes
conforming changes to the associated provision and clause prescriptions
at DFARS 215.370-3.
DFARS provision 252.215-7005 is included in solicitations that
contain an evaluation factor that considers whether an offeror intends
to perform the contract using employees or individual subcontractors
who are members of the Selected Reserve. If an offeror intends to use
such employees or subcontractors, the provision requires the offeror to
submit certain documentation as proof
[[Page 15814]]
of its intent with its response to the solicitation.
II. 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 41 U.S.C. 1707, Publication of Proposed
Regulations. Subsection (a)(1) of the statute 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
merely removing an unneeded solicitation provision from the DFARS. The
rule primarily impacts internal operating procedures and has no
significant cost or administrative impact on contractors or offerors.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT), for Commercial Products Including Commercially
Available Off-the-Shelf (COTS) Items, and for Commercial Services
This rule removes DFARS provision 252.215-7005, Evaluation Factor
for Employing or Subcontracting with Members of the Selected Reserve,
and the associated prescription at DFARS 215.370-3. The rule does not
impose any new requirements on contracts at or below the simplified
acquisition threshold, for commercial products including commercially
available off-the-shelf items, or for commercial services.
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.
V. Congressional Review Act
As required by the Congressional Review Act (5 U.S.C. 801-808)
before an interim or final rule takes effect, DoD will submit a copy of
the interim or final rule with the form, Submission of Federal Rules
Under the Congressional Review Act, to the U.S. Senate, the U.S. House
of Representatives, and to the Comptroller General of the United
States. A major rule under the Congressional Review Act cannot take
effect until 60 days after it is published in the Federal Register. The
Office of Information and Regulatory Affairs has determined that this
rule is not a major rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
VII. Paperwork Reduction Act
This rule removes the information collection requirements
associated with the provision at DFARS 252.215-7005, Evaluation Factor
for Employing or Subcontracting with Members of the Selected Reserve,
currently approved under Office of Management and Budget (OMB) Control
Number 0704-0446, entitled ``Defense Federal Acquisition Regulation
Supplement (DFARS) Evaluation Factor for Use of Members of the Armed
Forces Selected Reserve''. Accordingly, DoD submitted, and OMB
approved, the following reduction of the annual reporting burden and
OMB inventory of hours under OMB Control Number 0704-0446 as follows:
Respondents: 13.
Responses per respondent: 1.
Total annual responses: 13.
Hours per response: 20.
Total response burden hours: 260.
List of Subjects in 48 CFR Parts 215 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 215 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 215 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
0
2. Revise section 215.370-1 to read as follows:
215.370-1 Definition.
As used in this section--
Selected Reserve has the meaning given that term in 10 U.S.C.
10143. Selected Reserve members normally attend regular drills
throughout the year and are the group of Reserves most readily
available to the President.
0
3. Revise section 215.370-3 to read as follows:
215.370-3 Contract clause.
Use the clause at 252.215-7006, Use of Employees or Individual
Subcontractors Who Are Members of the Selected Reserve, in
solicitations and resulting contracts that include an evaluation factor
considering whether an offeror intends to perform the contract using
employees or individual subcontractors who are members of the Selected
Reserve.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.215-7005 [Removed and Reserved]
0
4. Remove and reserve section 252.215-7005.
0
5. Amend section 252.215-7006 by--
0
a. In the introductory text, removing ``215.370-3(b)'' and adding
``215.370-3'' in its place; and
0
b. Revising the clause date and paragraph (a).
The revisions read as follows:
252.215-7006 Use of Employees or Individual Subcontractors Who Are
Members of the Selected Reserve.
* * * * *
Use of Employees or Individual Subcontractors Who Are Members of the
Selected Reserve (Mar 2022)
(a) Definition. As used in this clause--
Selected Reserve has the meaning given that term in 10 U.S.C.
10143. Selected Reserve members normally attend regular drills
throughout the year and are the group of Reserves most readily
available to the President.
* * * * *
[FR Doc. 2022-05533 Filed 3-17-22; 8:45 am]
BILLING CODE 5001-06-P
