U.S. Agency for International Development Acquisition Regulation; Administrative Updates: Correction, 31657-31658 [2024-08588]
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Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules and Regulations
that also includes development, this risk
to the contractor may be reduced.
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.
lotter on DSK11XQN23PROD with RULES1
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 is necessary to
implement section 808 of the National
Defense Authorization Act for Fiscal
Year (FY) 2023 (Pub. L. 117–263).
Section 808 modifies section 818 of
Public Law 109–364 to limit the number
of low-rate initial production lots
associated with a major defense
acquisition program to be procured to
no more than one when the milestone
decision authority authorizes the use of
a fixed-price type contract at the time of
Milestone B approval and the scope of
the fixed-price contract includes both
development and low-rate initial
production.
No comments were received in
response to the initial regulatory
flexibility analysis.
Data is not available on the number of
fixed-price type contracts for major
defense acquisition programs that
contain both development and low-rate
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initial production; therefore, data was
obtained for contracts that include
DFARS clause 252.234–7004, Cost and
Software Data Reporting System, or its
alternate I clause. This DFARS clause is
required to be included in solicitations
and contracts for major defense
acquisition programs that exceed $50
million, and its alternate I clause is
required to be included in solicitations
and contracts for major defense
acquisition programs that are greater
than $20 million but less than or equal
to $50 million under certain
circumstances. According to the
Procurement Business Intelligence
Service, DoD awarded contracts for
major defense acquisition programs to
130 unique small entities in FY 2021, 99
in FY 2022, and 109 in FY 2023. The
average over the three-year period is 112
per fiscal year. Therefore, the number of
small entities to which this rule may
apply is 112.
This final rule does not impose any
new reporting, recordkeeping, or other
compliance requirements for small
entities.
There are no known alternatives that
would accomplish the stated objectives
of the applicable 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 Parts 207 and
234
31657
PART 234—MAJOR SYSTEM
ACQUISITION
3. Amend section 234.004 by adding
paragraph (2)(v) to read as follows:
■
234.004
Acquisition strategy.
*
*
*
*
*
(2) * * *
(v) In accordance with section 808 of
the National Defense Authorization Act
for Fiscal Year 2023 (Pub. L. 117–263)—
(A) The contracting officer shall not
procure more than one lot for low-rate
initial production, as defined at 10
U.S.C. 4231, associated with a major
defense acquisition program if—
(1) The milestone decision authority
authorizes the use of a fixed-price type
contract at the time of Milestone B
approval; and
(2) The scope of work of the fixedprice type contract includes both the
development and low-rate initial
production of items for such major
defense acquisition program; and
(B) This limitation may be waived by
the service acquisition executive for the
department concerned, delegable to no
lower than one level above the
contracting officer, if—
(1) A written notification of the
waiver, including associated rationale,
is provided to the congressional defense
committees no later than 30 days after
issuance of the waiver in accordance
with agency procedures; and
(2) A copy of the waiver and such
congressional notification are included
in the contract file.
*
*
*
*
*
[FR Doc. 2024–08435 Filed 4–24–24; 8:45 am]
BILLING CODE 6001–FR–P
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 207 and 234
are amended as follows:
AGENCY FOR INTERNATIONAL
DEVELOPMENT
48 CFR Parts 701 and 705
RIN 0412–AA88
■
1. The authority citation for parts 207
and 234 continues to read as follows:
U.S. Agency for International
Development Acquisition Regulation;
Administrative Updates: Correction
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
AGENCY:
PART 207—ACQUISITION PLANNING
2. In section 207.106, revise paragraph
(S–74) to read as follows:
■
207.106 Additional requirements for major
systems.
*
*
*
*
*
(S–74) When selecting contract type
for a major defense acquisition program,
see 234.004.
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U.S. Agency for International
Development.
ACTION: Direct final rule, Correction.
The U.S. Agency for
International Development (USAID) is
issuing this final rule revising the
Agency for International Development
Acquisition Regulation (AIDAR) to
maintain consistency with Federal and
agency regulations, remove obsolete
material and internal agency
procedures, and make editorial
amendments to clarify the regulation.
SUMMARY:
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25APR1
31658
DATES:
Federal Register / Vol. 89, No. 81 / Thursday, April 25, 2024 / Rules and Regulations
Effective date: May 22, 2024.
FOR FURTHER INFORMATION CONTACT:
Lyudmila Bond, 202–916–2622,
policymailbox@usaid.gov.
SUPPLEMENTARY INFORMATION: In the FR
Doc. 2023–27953, starting on page 4201
in the Federal Register of January 23,
2024, USAID is making the following
corrections:
■ 1. On page 4203, starting in the first
column, section 701.470 is corrected by:
■ a. Revising paragraphs (a)(2)and (b)(1);
■ b. redesignating paragraph (b)(3)
through (5) as (b)(4) through (6); and
■ c. adding new paragraph (b)(3).
The revisions and addition read as
follows:
701.470
[Corrected]
lotter on DSK11XQN23PROD with RULES1
(a) * * *
(2) In preparing and submitting
deviations for approval, USAID
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15:53 Apr 24, 2024
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operating units must follow the
applicable USAID policies in the ADS
300 series, including mandatory written
consultations with the Bureau for
Management, Office of Acquisition and
Assistance, Policy Division (M/OAA/P)
and the Office of the General Counsel.
For deviations related to AIDAR
appendices D and J, Director of M/OAA
clearance is required in lieu of M/OAA/
P consultations, as outlined in
appendices D and J. The CO must retain
all approved deviations in the contract
file.
(b) * * *
(1) Class deviations from the AIDAR
will be processed in the same manner as
prescribed in paragraph (a)(2) of this
section.
*
*
*
*
*
(3) Individual heads of contracting
activities have authority to approve
PO 00000
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class deviations affecting contracts only
within the contracting activity under
their management authority. Only the
M/OAA Director has authority to
approve class deviations that affect
more than one contracting activity.
*
*
*
*
*
■ 2. On page 4205, in the first column,
section 705.102 is corrected by adding
a sentence at the end of the paragraph
to read as follows:
705.102
[Corrected]
* * * For FAR 5.102(a)(5) exceptions
applicable to personal services contracts
with individuals, see appendix D,
section 5 and appendix J, section 5.
Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024–08588 Filed 4–24–24; 8:45 am]
BILLING CODE 6116–01–P
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]]>Agencies
[Federal Register Volume 89, Number 81 (Thursday, April 25, 2024)]
[Rules and Regulations]
[Pages 31657-31658]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08588]
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AGENCY FOR INTERNATIONAL DEVELOPMENT
48 CFR Parts 701 and 705
RIN 0412-AA88
U.S. Agency for International Development Acquisition Regulation;
Administrative Updates: Correction
AGENCY: U.S. Agency for International Development.
ACTION: Direct final rule, Correction.
-----------------------------------------------------------------------
SUMMARY: The U.S. Agency for International Development (USAID) is
issuing this final rule revising the Agency for International
Development Acquisition Regulation (AIDAR) to maintain consistency with
Federal and agency regulations, remove obsolete material and internal
agency procedures, and make editorial amendments to clarify the
regulation.
[[Page 31658]]
DATES: Effective date: May 22, 2024.
FOR FURTHER INFORMATION CONTACT: Lyudmila Bond, 202-916-2622,
[email protected].
SUPPLEMENTARY INFORMATION: In the FR Doc. 2023-27953, starting on page
4201 in the Federal Register of January 23, 2024, USAID is making the
following corrections:
0
1. On page 4203, starting in the first column, section 701.470 is
corrected by:
0
a. Revising paragraphs (a)(2)and (b)(1);
0
b. redesignating paragraph (b)(3) through (5) as (b)(4) through (6);
and
0
c. adding new paragraph (b)(3).
The revisions and addition read as follows:
701.470 [Corrected]
(a) * * *
(2) In preparing and submitting deviations for approval, USAID
operating units must follow the applicable USAID policies in the ADS
300 series, including mandatory written consultations with the Bureau
for Management, Office of Acquisition and Assistance, Policy Division
(M/OAA/P) and the Office of the General Counsel. For deviations related
to AIDAR appendices D and J, Director of M/OAA clearance is required in
lieu of M/OAA/P consultations, as outlined in appendices D and J. The
CO must retain all approved deviations in the contract file.
(b) * * *
(1) Class deviations from the AIDAR will be processed in the same
manner as prescribed in paragraph (a)(2) of this section.
* * * * *
(3) Individual heads of contracting activities have authority to
approve class deviations affecting contracts only within the
contracting activity under their management authority. Only the M/OAA
Director has authority to approve class deviations that affect more
than one contracting activity.
* * * * *
0
2. On page 4205, in the first column, section 705.102 is corrected by
adding a sentence at the end of the paragraph to read as follows:
705.102 [Corrected]
* * * For FAR 5.102(a)(5) exceptions applicable to personal
services contracts with individuals, see appendix D, section 5 and
appendix J, section 5.
Jami J. Rodgers,
Chief Acquisition Officer.
[FR Doc. 2024-08588 Filed 4-24-24; 8:45 am]
BILLING CODE 6116-01-P
