Defense Federal Acquisition Regulation Supplement: Transfer and Adoption of Military Animals (DFARS Case 2020-D021), 11745-11747 [2024-02743]
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Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations
In establishing the ECIP, the
Commission requires applicants seeking
to participate in the program to submit
certain information that shows the
transaction qualifies for ECIP inclusion.
The Commission found that the ECIP
builds on Congressional goals in the
MOBILE NOW Act to incentivize
beneficial transactions in the public
interest that will promote greater
competition in the provision of wireless
services, facilitate increased availability
of advanced wireless services in rural
areas, facilitate new opportunities for
small carriers and Tribal Nations to
increase access to spectrum, and bring
more advanced wireless service
including 5G to underserved
communities. Specifically, in the ECIP
Report and Order, the Commission
revised its rules to allow any covered
geographic licenses in included services
to be leased to eligible entities through
a long-term leasing arrangement.
Specifically, in the ECIP Report and
Order, the Commission revised its rules
to allow any covered geographic
licenses in included services to be
leased to eligible entities through a longterm leasing arrangement, to designate a
Qualifying Transaction identified in the
application as seeking consideration
under the ECIP. Two new questions are
being added to the FCC Form 608 as a
result. Respondents are required to
indicate by yes or no answer whether
the application is seeking consideration
under ECIP. Respondents are also
required to select the applicable ECIP
prong to its Qualifying Transaction,
pursuant to either § 1.60003 or
§ 1.60004. A certification is also
included via attachment to FCC Form
608 for the purpose of certifying
compliance with § 1.60002 of the
Commission’s rules, which requires
simply a check box of yes by the
applicant. This has been approved by
non-substantive change request.
Finally, a new Schedule J is being
added to FCC Form 608 and will be
used by Spectrum Manager Lessors (i.e.,
the Licensee) to file either the Initial
Operation Requirement Notifications
(IORN) or the Final Operation
Requirement Notifications (FORN), as
required by 47 CFR 1.60004, 1.60006, on
behalf of the Lessee.
Federal Communications Commission.
Marlene Dortch,
Secretary.
[FR Doc. 2024–02864 Filed 2–14–24; 8:45 am]
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DEPARTMENT OF DEFENSE
B. Analysis of Public Comments
Defense Acquisition Regulations
System
1. Support for the Rule
Comment: Some respondents support
the rule.
Response: The support is noted.
48 CFR Part 212, 237, and 252
[Docket DARS–2023–0016]
RIN 0750–AL07
Defense Federal Acquisition
Regulation Supplement: Transfer and
Adoption of Military Animals (DFARS
Case 2020–D021)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2020.
DATES: Effective February 15, 2024.
FOR FURTHER INFORMATION CONTACT:
Kimberly R. Ziegler, telephone 703–
901–3176.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 88 FR 25606 on
April 27, 2023, to implement section
372(f) of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2020 (Pub. L. 116–92). Section
372(f), as implemented at 10 U.S.C.
2387 (previously 10 U.S.C. 2410r),
requires DoD contracting officers to
include a clause in contracts when
contract working dogs are provided
under the contract. 10 U.S.C. 2387
requires the transfer of a contract
working dog, after the service life of the
dog has terminated, to the United States
Air Force, 341st Training Squadron. The
preamble to the proposed rule contained
a detailed description of the treatment
and care to be provided for a contract
working dog whose service life has
terminated and the conditions under
which that determination may be made.
Three respondents submitted
comments on the proposed rule.
II. Discussion and Analysis.
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments is provided, as follows:
A. Summary of Significant Changes
from the Proposed Rule.
There are no significant changes from
the proposed rule.
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2. Application to All Contracts for
Military Working Dogs
Comment: Some respondents voiced
concerns that the rule will only apply to
contracts at or below the simplified
acquisition threshold (SAT).
Response: The rule applies to all
contracts for contract working dogs, as
defined in 10 U.S.C. 2387(c), including
those valued at or below the SAT.
Section III of the preamble for the
proposed rule provides the legal basis
for applying the rule to contracts valued
at or below the SAT and for commercial
services and products, including
commercially available off-the-shelf
(COTS) items.
3. Replacement vs. Termination of
Contract Working Dogs
Comment: Some respondents were
concerned that a contract working dog
would be replaced instead of retired
under a service contract, avoiding the
termination and transfer of the dog.
Response: DoD generally contracts for
a team consisting of the working dog
and handler under a service contract.
Service contracts include standards of
performance for the team. If the team
cannot perform to the standard, the
contractor is generally expected to
replace the team with a team that can
perform to the standard. The statute
recognizes that the inability to perform
to the standard in an individual DoD
contract does not mean that a dog has
met the conditions for retirement or
termination. Specifically, the contract
working dog service life would continue
if the dog could be utilized on another
Federal Government contract, which
could have different standards than a
DoD contract.
Comment: A respondent expressed
concerns that the proposed rule
explanation of the impact characterized
the need for a contracting officer to
make a determination as ‘‘rare’’ because
it may be assumed that a dog’s service
life would never be terminated.
Response: As noted in section IV of
the preamble for the proposed rule, DoD
does not expect the impact of the rule
to be significant because the number of
acquisitions that include contract
working dogs and handlers are few in
number. If the contracting officer’s
representative or requiring activity
identifies a non-performing working dog
and handler, an assessment will be
conducted by Government experts to
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Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations
determine if the conditions at 10 U.S.C.
2387(b) are met before a
recommendation is provided to the
contracting officer.
4. DoD Handlers
Comment: Some respondents asserted
that contract working dogs are paired
with military and DoD civilian handlers
and that DoD’s statement to the
contrary, provided in the preamble for
the proposed rule, is inaccurate. The
respondents refer to DoD Inspector
General (DoDIG) report 2018–081,
entitled ‘‘The Army’s Tactical Explosive
Detection Dog Disposition Process from
2011 to 2014.’’
Response: This rule addresses
contract working dogs that are not
Government-owned property (see 10
U.S.C. 2387(c)). Contract working dogs
addressed by this rule are not paired
with military personnel or DoD civilian
employee handlers. The respondent’s
references to DoDIG report 2018–081
seem to indicate a misunderstanding of
the difference between a contract
working dog and those working dogs
procured as Government property under
the military working dog and Tactical
Explosive Detection Dog (TEDD)
programs. The TEDD program
authorized the procurement of a
working dog and provided that a
contractor, rather than the Government,
train, house, and care for the dog
through certification under the military
working dog standards. The
Government owned these military
working dogs and was responsible for
their disposition in accordance with 10
U.S.C. 2583.
5. Penalty for Noncompliance
Comment: Some respondents
requested that the final rule include a
penalty for noncompliance.
Response: The statute does not
provide a specific penalty for contractor
noncompliance; however, contracting
officers may use existing contracting
regulations to enforce the terms of the
contract.
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C. Other Changes
Text at DFARS contract clause
252.237–7027, Transfer and Adoption of
Military Animals, is revised for clarity.
At DFARS 237.7804, the prescription for
the clause is also revised for clarity.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Services and Commercial Products,
Including Commercially Available Offthe-Shelf (COTS) Items
The contract clause at DFARS
252.237–7027, Transfer and Adoption of
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Military Animals, is prescribed at
DFARS 237.7804 for use in solicitations
and contracts, including solicitations
and contracts using Federal Acquisition
Regulation (FAR) part 12 procedures for
commercial products and commercial
services, that require the services of a
contract working dog. Consistent with
the analysis that DoD provided in the
proposed rule with regard to the
application of the requirements of
section 372(f) of the NDAA for FY 2020,
DoD has made the determination to
apply the statute, as implemented in the
clause at DFARS 252.237–7027, to
contracts at or below the SAT and to the
acquisition of commercial services, as
defined at FAR 2.101.
IV. Expected Impact of the Rule
DoD does not expect the rule to have
a significant impact on the public,
because the need for a contracting
officer to make a determination that a
contract working dog has reached the
end of its service life will be rare. Such
acquisitions are few in number, and
service contractors who provide
contract working dogs and handlers are
expected to replace dogs and handlers
who are unable to perform to DoD
standards. A contracting officer’s
representative (COR) would be
responsible for monitoring contract
performance and coordinating any
replacement dog and handler
requirements. If the COR or requiring
activity identifies a non-performing
working dog and handler, an assessment
will be conducted by Government
experts to determine if the conditions at
10 U.S.C. 2387(b) are met before a
recommendation is provided to the
contracting officer for action.
V. 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, as amended.
VI. 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
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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 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.
VII. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq. and is summarized as follows:
This final rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) to implement 10
U.S.C. 2387, as amended by section
372(f) of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2020 (Pub. L. 116–92). Under
10 U.S.C. 2387, DoD contracting officers
are required to include a clause in
contracts for contract working dog
services.
The objective of the rule is to
implement the statutory requirements
for terminating the service life of a
contract working dog, when certain
circumstances apply, and transferring
the animal to the Department of the Air
Force, 341st Training Squadron.
There were no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
This rule will apply to small entities
providing contract working dog and
handler services to DoD. The contract
clause is prescribed for use in
solicitations and contracts for such
services, including those conducted
under FAR part 12 procedures for the
acquisition of commercial products and
commercial services.
Research conducted in the Contract
Opportunities section of SAM.gov
indicates that contract working dog and
handler services are generally procured
under North American Industry
Classification System codes and product
and service codes that provide for
certain physical security and law
enforcement services. Data obtained
from the Federal Procurement Data
System (FPDS) for FYs 2019, 2020, and
2021 indicate that DoD awards an
average of 227 contract actions annually
for these physical security and law
enforcement services, which may
include a requirement for a contract
working dog and handler. Of the
estimated 227 awards, an average of
approximately 72 awards are made
annually to an estimated 52 unique
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Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Rules and Regulations
small entities. Neither FPDS nor
SAM.gov provide data for the number of
awards that are specific to the contract
working dog and handler services;
however, this analysis assumes all of the
estimated awards and unique small
entities may be impacted.
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 final 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 212, 237,
and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 212, 237, and
252 are amended as follows:
■ 1. The authority citation for parts 212,
237, and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
2. Amend section 212.301 by adding
paragraph (f)(xv)(E) to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
3. Add subpart 237.78 to read as
follows:
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■
Subpart 237.78—Transfer and Adoption of
Military Animals
Sec.
237.7800 Scope of subpart.
237.7801 Definition.
237.7802 Policy.
237.7803 Procedures.
237.7804 Contract clause.
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237.7800
As prescribed in 237.7804, use the
following clause:
Scope of subpart.
This subpart implements 10 U.S.C.
2387, which requires, under certain
circumstances, the transfer of a contract
working dog to the Department of Air
Force, 341st Training Squadron, for
veterinary screening and care in
accordance with 10 U.S.C. 2583.
237.7801
Definition.
As used in this subpart—
Contract working dog means a dog
that—
(1) Performs a service for DoD
pursuant to a contract; and
(2) Is trained and kenneled by an
entity that provides such a dog pursuant
to such a contract.
237.7802
Policy.
(a) In accordance with 10 U.S.C. 2387,
DoD will transfer a contract working dog
to the Department of the Air Force,
341st Training Squadron, for veterinary
screening and care after the service life
of the dog has terminated.
(b) The service life of a contract
working dog may be terminated if—
(1) The final contractual obligation of
the dog preceding transfer is with DoD;
and
(2) The dog cannot be used by another
department or agency of the Federal
Government due to age, injury, or
performance.
(c) A contract working dog that has
reached the end of its service life will
be transferred for care, reclassification
as a military animal, and placement for
adoption in accordance with 10 U.S.C.
2583.
237.7804
PART 237—SERVICE CONTRACTING
16:35 Feb 14, 2024
252.237–7027 Transfer and Adoption of
Military Animals.
Procedures.
Contracting officers, at the request of
the requiring activity, may issue a
determination that the service life of a
contract working dog has terminated if
the conditions in 237.7802(b) have been
documented by the requiring activity.
*
*
*
*
(f) * * *
(xv) * * *
(E) Use the clause at 252.237–7027,
Transfer and Adoption of Military
Animals, as prescribed in 237.7804 to
comply with 10 U.S.C. 2387.
*
*
*
*
*
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Subpart 237.78—Transfer and
Adoption of Military Animals
237.7803
*
11747
Contract clause.
Use the clause at 252.237–7027,
Transfer and Adoption of Military
Animals, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial products and
commercial services, that require the
services of a contract working dog.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Add section 252.237–7027 to read
as follows:
■
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Transfer and Adoption of Military Animals
(Feb 2024)
(a) Definition. As used in this clause—
Contract working dog means a dog that—
(1) Performs a service for DoD pursuant to
a contract; and
(2) Is trained and kenneled by an entity
that provides such a dog pursuant to such a
contract.
(b) In accordance with 10 U.S.C. 2387, if
the Contracting Officer determines that the
service life of a contract working dog has
terminated, the dog will be transferred to the
Department of the Air Force, 341st Training
Squadron, for veterinary screening and care,
reclassification as a military animal, and
placement for adoption in accordance with
10 U.S.C. 2583.
(c) The service life of a contract working
dog may be terminated if the Contracting
Officer determines that—
(1) The final contractual obligation of the
dog preceding transfer is with DoD; and
(2) The dog cannot be used by another
department or agency of the Federal
Government due to age, injury, or
performance.
(End of clause)
[FR Doc. 2024–02743 Filed 2–14–24; 8:45 am]
BILLING CODE6001–FR–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 213
[Docket DARS–2024–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes.
DATES: Effective February 15, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to add a pointer to
DFARS Procedures, Guidance, and
Information.
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 32 (Thursday, February 15, 2024)]
[Rules and Regulations]
[Pages 11745-11747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02743]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212, 237, and 252
[Docket DARS-2023-0016]
RIN 0750-AL07
Defense Federal Acquisition Regulation Supplement: Transfer and
Adoption of Military Animals (DFARS Case 2020-D021)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement a section of the
National Defense Authorization Act for Fiscal Year 2020.
DATES: Effective February 15, 2024.
FOR FURTHER INFORMATION CONTACT: Kimberly R. Ziegler, telephone 703-
901-3176.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 88 FR
25606 on April 27, 2023, to implement section 372(f) of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2020 (Pub. L.
116-92). Section 372(f), as implemented at 10 U.S.C. 2387 (previously
10 U.S.C. 2410r), requires DoD contracting officers to include a clause
in contracts when contract working dogs are provided under the
contract. 10 U.S.C. 2387 requires the transfer of a contract working
dog, after the service life of the dog has terminated, to the United
States Air Force, 341st Training Squadron. The preamble to the proposed
rule contained a detailed description of the treatment and care to be
provided for a contract working dog whose service life has terminated
and the conditions under which that determination may be made.
Three respondents submitted comments on the proposed rule.
II. Discussion and Analysis.
DoD reviewed the public comments in the development of the final
rule. A discussion of the comments and the changes made to the rule as
a result of those comments is provided, as follows:
A. Summary of Significant Changes from the Proposed Rule.
There are no significant changes from the proposed rule.
B. Analysis of Public Comments
1. Support for the Rule
Comment: Some respondents support the rule.
Response: The support is noted.
2. Application to All Contracts for Military Working Dogs
Comment: Some respondents voiced concerns that the rule will only
apply to contracts at or below the simplified acquisition threshold
(SAT).
Response: The rule applies to all contracts for contract working
dogs, as defined in 10 U.S.C. 2387(c), including those valued at or
below the SAT. Section III of the preamble for the proposed rule
provides the legal basis for applying the rule to contracts valued at
or below the SAT and for commercial services and products, including
commercially available off-the-shelf (COTS) items.
3. Replacement vs. Termination of Contract Working Dogs
Comment: Some respondents were concerned that a contract working
dog would be replaced instead of retired under a service contract,
avoiding the termination and transfer of the dog.
Response: DoD generally contracts for a team consisting of the
working dog and handler under a service contract. Service contracts
include standards of performance for the team. If the team cannot
perform to the standard, the contractor is generally expected to
replace the team with a team that can perform to the standard. The
statute recognizes that the inability to perform to the standard in an
individual DoD contract does not mean that a dog has met the conditions
for retirement or termination. Specifically, the contract working dog
service life would continue if the dog could be utilized on another
Federal Government contract, which could have different standards than
a DoD contract.
Comment: A respondent expressed concerns that the proposed rule
explanation of the impact characterized the need for a contracting
officer to make a determination as ``rare'' because it may be assumed
that a dog's service life would never be terminated.
Response: As noted in section IV of the preamble for the proposed
rule, DoD does not expect the impact of the rule to be significant
because the number of acquisitions that include contract working dogs
and handlers are few in number. If the contracting officer's
representative or requiring activity identifies a non-performing
working dog and handler, an assessment will be conducted by Government
experts to
[[Page 11746]]
determine if the conditions at 10 U.S.C. 2387(b) are met before a
recommendation is provided to the contracting officer.
4. DoD Handlers
Comment: Some respondents asserted that contract working dogs are
paired with military and DoD civilian handlers and that DoD's statement
to the contrary, provided in the preamble for the proposed rule, is
inaccurate. The respondents refer to DoD Inspector General (DoDIG)
report 2018-081, entitled ``The Army's Tactical Explosive Detection Dog
Disposition Process from 2011 to 2014.''
Response: This rule addresses contract working dogs that are not
Government-owned property (see 10 U.S.C. 2387(c)). Contract working
dogs addressed by this rule are not paired with military personnel or
DoD civilian employee handlers. The respondent's references to DoDIG
report 2018-081 seem to indicate a misunderstanding of the difference
between a contract working dog and those working dogs procured as
Government property under the military working dog and Tactical
Explosive Detection Dog (TEDD) programs. The TEDD program authorized
the procurement of a working dog and provided that a contractor, rather
than the Government, train, house, and care for the dog through
certification under the military working dog standards. The Government
owned these military working dogs and was responsible for their
disposition in accordance with 10 U.S.C. 2583.
5. Penalty for Noncompliance
Comment: Some respondents requested that the final rule include a
penalty for noncompliance.
Response: The statute does not provide a specific penalty for
contractor noncompliance; however, contracting officers may use
existing contracting regulations to enforce the terms of the contract.
C. Other Changes
Text at DFARS contract clause 252.237-7027, Transfer and Adoption
of Military Animals, is revised for clarity. At DFARS 237.7804, the
prescription for the clause is also revised for clarity.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Services and Commercial Products,
Including Commercially Available Off-the-Shelf (COTS) Items
The contract clause at DFARS 252.237-7027, Transfer and Adoption of
Military Animals, is prescribed at DFARS 237.7804 for use in
solicitations and contracts, including solicitations and contracts
using Federal Acquisition Regulation (FAR) part 12 procedures for
commercial products and commercial services, that require the services
of a contract working dog. Consistent with the analysis that DoD
provided in the proposed rule with regard to the application of the
requirements of section 372(f) of the NDAA for FY 2020, DoD has made
the determination to apply the statute, as implemented in the clause at
DFARS 252.237-7027, to contracts at or below the SAT and to the
acquisition of commercial services, as defined at FAR 2.101.
IV. Expected Impact of the Rule
DoD does not expect the rule to have a significant impact on the
public, because the need for a contracting officer to make a
determination that a contract working dog has reached the end of its
service life will be rare. Such acquisitions are few in number, and
service contractors who provide contract working dogs and handlers are
expected to replace dogs and handlers who are unable to perform to DoD
standards. A contracting officer's representative (COR) would be
responsible for monitoring contract performance and coordinating any
replacement dog and handler requirements. If the COR or requiring
activity identifies a non-performing working dog and handler, an
assessment will be conducted by Government experts to determine if the
conditions at 10 U.S.C. 2387(b) are met before a recommendation is
provided to the contracting officer for action.
V. 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, as amended.
VI. 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 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.
VII. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
and is summarized as follows:
This final rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to implement 10 U.S.C. 2387, as amended by section
372(f) of the National Defense Authorization Act (NDAA) for Fiscal Year
(FY) 2020 (Pub. L. 116-92). Under 10 U.S.C. 2387, DoD contracting
officers are required to include a clause in contracts for contract
working dog services.
The objective of the rule is to implement the statutory
requirements for terminating the service life of a contract working
dog, when certain circumstances apply, and transferring the animal to
the Department of the Air Force, 341st Training Squadron.
There were no significant issues raised by the public in response
to the initial regulatory flexibility analysis.
This rule will apply to small entities providing contract working
dog and handler services to DoD. The contract clause is prescribed for
use in solicitations and contracts for such services, including those
conducted under FAR part 12 procedures for the acquisition of
commercial products and commercial services.
Research conducted in the Contract Opportunities section of SAM.gov
indicates that contract working dog and handler services are generally
procured under North American Industry Classification System codes and
product and service codes that provide for certain physical security
and law enforcement services. Data obtained from the Federal
Procurement Data System (FPDS) for FYs 2019, 2020, and 2021 indicate
that DoD awards an average of 227 contract actions annually for these
physical security and law enforcement services, which may include a
requirement for a contract working dog and handler. Of the estimated
227 awards, an average of approximately 72 awards are made annually to
an estimated 52 unique
[[Page 11747]]
small entities. Neither FPDS nor SAM.gov provide data for the number of
awards that are specific to the contract working dog and handler
services; however, this analysis assumes all of the estimated awards
and unique small entities may be impacted.
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 final 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 212, 237, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 237, and 252 are amended as follows:
0
1. The authority citation for parts 212, 237, and 252 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
2. Amend section 212.301 by adding paragraph (f)(xv)(E) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(xv) * * *
(E) Use the clause at 252.237-7027, Transfer and Adoption of
Military Animals, as prescribed in 237.7804 to comply with 10 U.S.C.
2387.
* * * * *
PART 237--SERVICE CONTRACTING
0
3. Add subpart 237.78 to read as follows:
Subpart 237.78--Transfer and Adoption of Military Animals
Sec.
237.7800 Scope of subpart.
237.7801 Definition.
237.7802 Policy.
237.7803 Procedures.
237.7804 Contract clause.
Subpart 237.78--Transfer and Adoption of Military Animals
237.7800 Scope of subpart.
This subpart implements 10 U.S.C. 2387, which requires, under
certain circumstances, the transfer of a contract working dog to the
Department of Air Force, 341st Training Squadron, for veterinary
screening and care in accordance with 10 U.S.C. 2583.
237.7801 Definition.
As used in this subpart--
Contract working dog means a dog that--
(1) Performs a service for DoD pursuant to a contract; and
(2) Is trained and kenneled by an entity that provides such a dog
pursuant to such a contract.
237.7802 Policy.
(a) In accordance with 10 U.S.C. 2387, DoD will transfer a contract
working dog to the Department of the Air Force, 341st Training
Squadron, for veterinary screening and care after the service life of
the dog has terminated.
(b) The service life of a contract working dog may be terminated
if--
(1) The final contractual obligation of the dog preceding transfer
is with DoD; and
(2) The dog cannot be used by another department or agency of the
Federal Government due to age, injury, or performance.
(c) A contract working dog that has reached the end of its service
life will be transferred for care, reclassification as a military
animal, and placement for adoption in accordance with 10 U.S.C. 2583.
237.7803 Procedures.
Contracting officers, at the request of the requiring activity, may
issue a determination that the service life of a contract working dog
has terminated if the conditions in 237.7802(b) have been documented by
the requiring activity.
237.7804 Contract clause.
Use the clause at 252.237-7027, Transfer and Adoption of Military
Animals, in solicitations and contracts, including solicitations and
contracts using FAR part 12 procedures for the acquisition of
commercial products and commercial services, that require the services
of a contract working dog.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Add section 252.237-7027 to read as follows:
252.237-7027 Transfer and Adoption of Military Animals.
As prescribed in 237.7804, use the following clause:
Transfer and Adoption of Military Animals (Feb 2024)
(a) Definition. As used in this clause--
Contract working dog means a dog that--
(1) Performs a service for DoD pursuant to a contract; and
(2) Is trained and kenneled by an entity that provides such a
dog pursuant to such a contract.
(b) In accordance with 10 U.S.C. 2387, if the Contracting
Officer determines that the service life of a contract working dog
has terminated, the dog will be transferred to the Department of the
Air Force, 341st Training Squadron, for veterinary screening and
care, reclassification as a military animal, and placement for
adoption in accordance with 10 U.S.C. 2583.
(c) The service life of a contract working dog may be terminated
if the Contracting Officer determines that--
(1) The final contractual obligation of the dog preceding
transfer is with DoD; and
(2) The dog cannot be used by another department or agency of
the Federal Government due to age, injury, or performance.
(End of clause)
[FR Doc. 2024-02743 Filed 2-14-24; 8:45 am]
BILLING CODE6001-FR-P
