Defense Federal Acquisition Regulation Supplement: Procurement Technical Assistance Program (DFARS Case 2024-D006), 46836-46838 [2024-11518]
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<![CDATA[
46836
270.X02
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Proposed Rules
Policy.
(a) The contracting officer may only
award one sole-source, follow-on
contract to the incumbent contractor
if—
(1) The contractor has represented
that it is a qualified business; and
(2) The contract is for the continued
development, production, or provision
of products or services that are the same
or substantially similar to those
procured under the prior contract
awarded to the contractor by or for DoD.
(b) The contracting officer shall not
begin negotiations for a sole-source,
follow-on contract unless the
contracting officer justifies the use of a
sole-source contract in accordance with
FAR 6.303 and 6.304, citing FAR 6.302–
5, Authorized or required by statute, as
the exception to full and open
competition.
ddrumheller on DSK120RN23PROD with PROPOSALS1
270.X03
Limitations.
(a) Participation in the pilot program
is subject to approval by the Under
Secretary of Defense (Acquisition and
Sustainment), Office of the Principal
Director, Defense Pricing and
Contracting (Contract Policy). Only a
contracting officer may submit an
application to participate in the pilot
program. See PGI 270.7X04(a).
(b) Contracting officers shall only
award—
(1) One sole-source, follow-on
contract per predecessor contract to the
incumbent contractor unless waived by
the head of the contracting activity,
delegable to a level no lower than one
level above the contracting officer;
(2) Contracts to qualified businesses
that have a minimum performance
rating of satisfactory for the predecessor
contract in the Contractor Performance
Assessment Reporting System (see FAR
subpart 42.15); and
(3) Contracts to qualified businesses
that have certified they will not pay
more than 50 percent of the amount
paid by the Government for contract
performance to subcontractors that are
not qualified businesses, except for
subcontracts for materials not available
from another qualified business when
the contract is for products, unless
waived by the head of the contracting
activity, delegable to a level no lower
than one level above the contracting
officer.
270.X04
Procedures.
See PGI 270.X04 for procedures and
information concerning the pilot
program.
270.X05 Solicitation provision and
contract clause.
(a) Use the provision at 252.270–
70WW, Pilot Program to Incentivize
VerDate Sep<11>2014
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Jkt 262001
Contracting with Employee-Owned
Businesses—Representation, in
solicitations, including solicitations
using FAR part 12 procedures for the
acquisition of commercial products and
commercial services, that include the
clause at 252.270–70YY, Pilot Program
to Incentivize Contracting with
Employee-Owned Businesses.
(b) Unless waived in accordance with
270.7X03(b)(3), use the provision at
252.270–70XX, Pilot Program to
Incentivize Contracting with EmployeeOwned Businesses—Subcontracting
Certification, in solicitations, including
solicitations using FAR part 12
procedures for the acquisition of
commercial products and commercial
services that include the clause at
252.270–70YY, Pilot Program to
Incentivize Contracting with EmployeeOwned Businesses.
(c) Use the clause at 252.270–70YY,
Pilot Program to Incentivize Contracting
with Employee-Owned Businesses, in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial products and commercial
services, for approved pilot program
acquisitions.
[FR Doc. 2024–11517 Filed 5–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
[Docket DARS–2024–0018]
RIN 0750–AM03
Defense Federal Acquisition
Regulation Supplement: Procurement
Technical Assistance Program (DFARS
Case 2024–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2024 that modifies certain
definitions associated with the
Procurement Technical Assistance
Program.
SUMMARY:
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before July
29, 2024, to be considered in the
formation of a final rule.
DATES:
PO 00000
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Fmt 4702
Sfmt 4702
Submit comments
identified by DFARS Case 2024–D006,
using either of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Search for DFARS
Case 2024–D006. Select ‘‘Comment’’
and follow the instructions to submit a
comment. Please include ‘‘DFARS Case
2024–D006’’ on any attached
documents.
Æ Email: osd.dfars@mail.mil. Include
DFARS Case 2024–D006 in the subject
line of the message.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://
www.regulations.gov, approximately
two to three days after submission to
verify posting.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Jeanette Snyder, telephone 703–508–
7524.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS
to implement section 853 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2024 (Pub.
L. 118–31; 10 U.S.C. 4951). Section 853
amends the definitions of nonprofit
organization and business entities at 10
U.S.C. 4951 for the Procurement
Technical Assistance Program. DoD
implements the requirements at 10
U.S.C. 4951 through its APEX
Accelerators (formerly known as
Procurement Technical Assistance
Centers), which are managed by the DoD
Office of Small Business Programs.
II. Discussion and Analysis
DoD is proposing to modify the
contract clause at DFARS 252.205–7000,
Provision of Information to Cooperative
Agreement Holders, to implement
section 853 of the NDAA for FY 2024.
The clause requires contractors to
provide cooperative agreement holders,
upon request, with a list of the
contractor’s employees or offices
responsible for entering into
subcontracts under defense contracts.
This proposed rule amends the
definition of cooperative agreement
holder in the clause by removing
‘‘private’’ from ‘‘a private, nonprofit
organization’’ and adding a reference to
10 U.S.C. 4951 to update the definition
of business entities. Minor edits are
made to align the clause with DFARS
drafting conventions.
E:\FR\FM\30MYP1.SGM
30MYP1
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Proposed Rules
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 proposed rule amends the clause
at DFARS 252.205–7000, Provision of
Information to Cooperative Agreement
Holders. However, this proposed rule
does not impose any new requirements
on contracts at or below the SAT, for
commercial products including COTS
items, or for commercial services. The
clause will continue to not apply to
acquisitions at or below the SAT, and
will continue to apply to acquisitions of
commercial products excluding COTS
items, and to acquisitions of commercial
services.
ddrumheller on DSK120RN23PROD with PROPOSALS1
IV. Expected Impact of the Rule
This proposed rule, when finalized, is
expected to impact DoD contractors
whose contracts include the clause at
DFARS 252.205–7000. The clause
requires contractors to provide
cooperative agreement holders under
the Procurement Technical Assistance
Program, upon request, with a list of the
contractor’s employees or offices
responsible for entering into
subcontracts under defense contracts.
As a result of the proposed changes,
these contractors may be required to
provide the list to different entities that
are cooperative agreement holders
under the Procurement Technical
Assistance Program.
The changes in section 853 allow any
type of nonprofit organization to be a
cooperative agreement holder under the
Procurement Technical Assistance
Program. In addition, business entities,
including corporations, associations,
partnerships, limited liability
companies, limited liability
partnerships, consortia, not-for-profit, or
other legal entities will also be able to
be a cooperative agreement holder.
These changes are reflected in the
proposed revisions to the clause at
DFARS 252.205–7000. As a result of the
section 853 changes to the Procurement
Technical Assistance Program, there
may be an increase in the number of
entities able to become cooperative
agreement holders under the
Procurement Technical Assistance
Program.
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
VerDate Sep<11>2014
16:14 May 29, 2024
Jkt 262001
(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. Regulatory Flexibility Act
DoD does not expect this proposed
rule, when finalized, to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule merely updates
definitions for the cooperative
agreement holders under the
Procurement Technical Assistance
Program. However, an initial regulatory
flexibility analysis has been performed
and is summarized as follows:
This proposed rule is necessary to
implement section 853 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2024 (Pub. L. 118–31;
10 U.S.C. 4951). Section 853 modifies
the definitions of nonprofit organization
and business entities at 10 U.S.C. 4951
for the Procurement Technical
Assistance Program. This proposed rule
implements the revised definitions in
the contract clause at DFARS 252.205–
7000, Provision of Information to
Cooperative Agreement Holders. The
clause requires contractors to provide
cooperative agreement holders under
the Procurement Technical Assistance
Program, upon request, with a list of the
contractor’s employees or offices
responsible for entering into
subcontracts under defense contracts.
The objective of this proposed rule is
to implement section 853 of the NDAA
for FY 2024, which is the legal basis for
the rule.
According to data from the
Procurement Business Intelligence
Service, in the last three fiscal years,
DoD awarded contracts that included
the clause at 252.205–7000 to unique
small entities as follows: 5,652 in fiscal
year 2021, 5,127 in fiscal year 2022, and
5,663 in fiscal year 2023. This averages
out to approximately 5,480 per fiscal
year. Therefore, DoD estimates that the
number of small entities to which this
rule will apply is approximately 5,480.
This proposed rule does not impose
any new reporting, recordkeeping, or
other compliance requirements for small
entities.
PO 00000
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Sfmt 4702
46837
This proposed rule does not
duplicate, overlap, or conflict with any
other Federal rules.
DoD did not identify any significant
alternatives to the proposed rule that
would accomplish the stated objectives
of the statute. Any impact on small
entities is expected to be beneficial.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
proposed rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this proposed rule in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C. 610 (DFARS
Case 2024–D006), in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44
U.S.C. chapter 35) applies to this
proposed rule. However, these changes
to the DFARS do not impose additional
information collection requirements to
the paperwork burden previously
approved by the Office of Management
and Budget (OMB) under OMB Control
Number 0704–0286, entitled Defense
FAR Supplement (DFARS) Part 205,
Publicizing Contract Actions, and
DFARS 252.205–7000, Provision of
Information to Cooperative Agreement
Holders.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore 48 CFR 252 is proposed to
be amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Revise and republish section
252.205–7000 to read as follows:
■
252.205–7000 Provision of Information to
Cooperative Agreement Holders.
As prescribed in 205.470, use the
following clause:
Provision of Information to Cooperative
Agreement Holders (Date)
(a) Definition. As used in this clause—
Cooperative agreement holder means a
State or local government; a nonprofit
organization; a tribal organization (as defined
in section 4(c) of the Indian SelfDetermination and Education Assistance Act
E:\FR\FM\30MYP1.SGM
30MYP1
46838
Federal Register / Vol. 89, No. 105 / Thursday, May 30, 2024 / Proposed Rules
(25 U.S.C. 5304(l))); or an economic
enterprise (as defined in section 3(e) of the
Indian Financing Act of 1974 (25 U.S.C.
1452(e))) whether such economic enterprise
is organized for profit or nonprofit purposes;
which has an agreement with the Under
Secretary of Defense for Acquisition and
Sustainment to furnish procurement
technical assistance to business entities (as
defined in 10 U.S.C. 4951).
(b) The Contractor shall provide
cooperative agreement holders, upon their
request, with a list of those appropriate
employees or offices responsible for entering
into subcontracts under defense contracts.
The list shall include the business address,
telephone number, and area of responsibility
of each employee or office.
(c) The Contractor need not provide the
listing to a particular cooperative agreement
holder more frequently than once a year.
(End of clause)
[FR Doc. 2024–11518 Filed 5–29–24; 8:45 am]
BILLING CODE 6001–FR–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R8–ES–2023–0188;
FXES1111090FEDR–245–FF09E21000]
RIN 1018–BH12
Endangered and Threatened Wildlife
and Plants; Designation of Critical
Habitat for the Dixie Valley Toad
Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), propose to
designate critical habitat for the Dixie
Valley toad (Anaxyrus williamsi) under
the Endangered Species Act of 1973, as
amended (Act). In total, approximately
930 acres (376 hectares) in Churchill
County, Nevada, fall within the
boundaries of the proposed critical
habitat designation. If we finalize this
rule as proposed, it would extend the
Act’s protections to this species’ critical
habitat. We also announce the
availability of a draft economic analysis
of the proposed designation of critical
habitat for the Dixie Valley toad.
DATES: We will accept comments
received or postmarked on or before July
29, 2024. Comments submitted
electronically using the Federal
eRulemaking Portal (see ADDRESSES,
below) must be received by 11:59 p.m.
eastern time on the closing date. We
must receive requests for a public
hearing, in writing, at the address
shown in FOR FURTHER INFORMATION
CONTACT by July 15, 2024.
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
16:14 May 29, 2024
Jkt 262001
You may submit comments
by one of the following methods:
(1) Electronically: Go to the Federal
eRulemaking Portal: https://
www.regulations.gov. In the Search box,
enter FWS–R8–ES–2023–0188, which is
the docket number for this rulemaking.
Then, click on the Search button. On the
resulting page, in the panel on the left
side of the screen, under the Document
Type heading, check the Proposed Rule
box to locate this document. You may
submit a comment by clicking on
‘‘Comment.’’
(2) By hard copy: Submit by U.S. mail
to: Public Comments Processing, Attn:
FWS–R8–ES–2023–0188, U.S. Fish and
Wildlife Service, MS: PRB/3W, 5275
Leesburg Pike, Falls Church, VA 22041–
3803.
We request that you send comments
only by the methods described above.
We will post all comments on https://
www.regulations.gov. This generally
means that we will post any personal
information you provide us (see
Information Requested, below, for more
information).
Availability of supporting materials:
Supporting materials, such as the
species status assessment (SSA) report
and draft economic analysis (DEA), are
available at https://www.regulations.gov
under Docket No. FWS–R8–ES–2023–
0188. For the proposed critical habitat
designation, the coordinates or plot
points or both from which the map is
generated are included in the decision
file for this critical habitat designation
and are available at https://
www.regulations.gov under Docket No.
FWS–R8–ES–2023–0188.
FOR FURTHER INFORMATION CONTACT:
Jodie Mamuscia, Field Supervisor, U.S.
Fish and Wildlife Service, Reno Fish
and Wildlife Office, 1340 Financial
Blvd., Suite 234, Reno, NV 89502;
telephone 775–861–6300. Individuals in
the United States who are deaf,
deafblind, hard of hearing, or have a
speech disability may dial 711 (TTY,
TDD, or TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States. Please see
Docket No. FWS–R8–ES–2023–0188 on
https://www.regulations.gov for a
document that summarizes this
proposed rule.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Executive Summary
Why we need to publish a rule. Under
the Act (16 U.S.C. 1531 et seq.), when
we determine that any species warrants
PO 00000
Frm 00009
Fmt 4702
Sfmt 4702
listing as an endangered or threatened
species, we are required to designate
critical habitat, to the maximum extent
prudent and determinable. Designations
of critical habitat can be completed only
by issuing a rule through the
Administrative Procedure Act
rulemaking process (5 U.S.C. 551 et
seq.).
What this document does. We
propose to designate critical habitat for
the Dixie Valley toad, which is listed as
an endangered species (see 87 FR 73971;
December 2, 2022).
The basis for our action. Section
4(a)(3) of the Act requires the Secretary
of the Interior (Secretary), to the
maximum extent prudent and
determinable, to designate critical
habitat concurrent with listing. Section
3(5)(A) of the Act defines critical habitat
as (i) the specific areas within the
geographical area occupied by the
species, at the time it is listed, on which
are found those physical or biological
features (I) essential to the conservation
of the species and (II) which may
require special management
considerations or protection; and (ii)
specific areas outside the geographical
area occupied by the species at the time
it is listed, upon a determination by the
Secretary that such areas are essential
for the conservation of the species.
Section 4(b)(2) of the Act states that the
Secretary must make the designation on
the basis of the best scientific data
available and after taking into
consideration the economic impact, the
impact on national security, and any
other relevant impacts of specifying any
particular area as critical habitat.
Information Requested
We intend that any final action
resulting from this proposed rule will be
based on the best scientific data
available and be as accurate and as
effective as possible. Therefore, we
request comments or information from
other governmental agencies, Native
American Tribes, the scientific
community, industry, or any other
interested parties concerning this
proposed rule. We particularly seek
comments concerning:
(1) Specific information on:
(a) The amount and distribution of
Dixie Valley toad habitat;
(b) Any additional areas occurring
within the range of the species
(Churchill County, Nevada) that should
be included in the designation because
they (i) are occupied at the time of
listing and contain the physical or
biological features that are essential to
the conservation of the species and that
may require special management
considerations or protection, or (ii) are
E:\FR\FM\30MYP1.SGM
30MYP1
]]>Agencies
[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Proposed Rules]
[Pages 46836-46838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11518]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
[Docket DARS-2024-0018]
RIN 0750-AM03
Defense Federal Acquisition Regulation Supplement: Procurement
Technical Assistance Program (DFARS Case 2024-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to implement a section of the National
Defense Authorization Act for Fiscal Year 2024 that modifies certain
definitions associated with the Procurement Technical Assistance
Program.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 29, 2024, to be considered in
the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2024-D006, using
either of the following methods:
[cir] Federal eRulemaking Portal: https://www.regulations.gov.
Search for DFARS Case 2024-D006. Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2024-
D006'' on any attached documents.
[cir] Email: [email protected]. Include DFARS Case 2024-D006 in
the subject line of the message.
Comments received generally will be posted without change to
https://www.regulations.gov, including any personal information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Jeanette Snyder, telephone 703-508-
7524.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement section 853 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024
(Pub. L. 118-31; 10 U.S.C. 4951). Section 853 amends the definitions of
nonprofit organization and business entities at 10 U.S.C. 4951 for the
Procurement Technical Assistance Program. DoD implements the
requirements at 10 U.S.C. 4951 through its APEX Accelerators (formerly
known as Procurement Technical Assistance Centers), which are managed
by the DoD Office of Small Business Programs.
II. Discussion and Analysis
DoD is proposing to modify the contract clause at DFARS 252.205-
7000, Provision of Information to Cooperative Agreement Holders, to
implement section 853 of the NDAA for FY 2024. The clause requires
contractors to provide cooperative agreement holders, upon request,
with a list of the contractor's employees or offices responsible for
entering into subcontracts under defense contracts. This proposed rule
amends the definition of cooperative agreement holder in the clause by
removing ``private'' from ``a private, nonprofit organization'' and
adding a reference to 10 U.S.C. 4951 to update the definition of
business entities. Minor edits are made to align the clause with DFARS
drafting conventions.
[[Page 46837]]
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 proposed rule amends the clause at DFARS 252.205-7000,
Provision of Information to Cooperative Agreement Holders. However,
this proposed rule does not impose any new requirements on contracts at
or below the SAT, for commercial products including COTS items, or for
commercial services. The clause will continue to not apply to
acquisitions at or below the SAT, and will continue to apply to
acquisitions of commercial products excluding COTS items, and to
acquisitions of commercial services.
IV. Expected Impact of the Rule
This proposed rule, when finalized, is expected to impact DoD
contractors whose contracts include the clause at DFARS 252.205-7000.
The clause requires contractors to provide cooperative agreement
holders under the Procurement Technical Assistance Program, upon
request, with a list of the contractor's employees or offices
responsible for entering into subcontracts under defense contracts. As
a result of the proposed changes, these contractors may be required to
provide the list to different entities that are cooperative agreement
holders under the Procurement Technical Assistance Program.
The changes in section 853 allow any type of nonprofit organization
to be a cooperative agreement holder under the Procurement Technical
Assistance Program. In addition, business entities, including
corporations, associations, partnerships, limited liability companies,
limited liability partnerships, consortia, not-for-profit, or other
legal entities will also be able to be a cooperative agreement holder.
These changes are reflected in the proposed revisions to the clause at
DFARS 252.205-7000. As a result of the section 853 changes to the
Procurement Technical Assistance Program, there may be an increase in
the number of entities able to become cooperative agreement holders
under the Procurement Technical Assistance Program.
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. Regulatory Flexibility Act
DoD does not expect this proposed rule, when finalized, to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because this rule merely updates definitions for the cooperative
agreement holders under the Procurement Technical Assistance Program.
However, an initial regulatory flexibility analysis has been performed
and is summarized as follows:
This proposed rule is necessary to implement section 853 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024
(Pub. L. 118-31; 10 U.S.C. 4951). Section 853 modifies the definitions
of nonprofit organization and business entities at 10 U.S.C. 4951 for
the Procurement Technical Assistance Program. This proposed rule
implements the revised definitions in the contract clause at DFARS
252.205-7000, Provision of Information to Cooperative Agreement
Holders. The clause requires contractors to provide cooperative
agreement holders under the Procurement Technical Assistance Program,
upon request, with a list of the contractor's employees or offices
responsible for entering into subcontracts under defense contracts.
The objective of this proposed rule is to implement section 853 of
the NDAA for FY 2024, which is the legal basis for the rule.
According to data from the Procurement Business Intelligence
Service, in the last three fiscal years, DoD awarded contracts that
included the clause at 252.205-7000 to unique small entities as
follows: 5,652 in fiscal year 2021, 5,127 in fiscal year 2022, and
5,663 in fiscal year 2023. This averages out to approximately 5,480 per
fiscal year. Therefore, DoD estimates that the number of small entities
to which this rule will apply is approximately 5,480.
This proposed rule does not impose any new reporting,
recordkeeping, or other compliance requirements for small entities.
This proposed rule does not duplicate, overlap, or conflict with
any other Federal rules.
DoD did not identify any significant alternatives to the proposed
rule that would accomplish the stated objectives of the statute. Any
impact on small entities is expected to be beneficial.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this proposed rule on
small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this proposed rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2024-
D006), in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this
proposed rule. However, these changes to the DFARS do not impose
additional information collection requirements to the paperwork burden
previously approved by the Office of Management and Budget (OMB) under
OMB Control Number 0704-0286, entitled Defense FAR Supplement (DFARS)
Part 205, Publicizing Contract Actions, and DFARS 252.205-7000,
Provision of Information to Cooperative Agreement Holders.
List of Subjects in 48 CFR Part 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore 48 CFR 252 is proposed to be amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Revise and republish section 252.205-7000 to read as follows:
252.205-7000 Provision of Information to Cooperative Agreement
Holders.
As prescribed in 205.470, use the following clause:
Provision of Information to Cooperative Agreement Holders (Date)
(a) Definition. As used in this clause--
Cooperative agreement holder means a State or local government;
a nonprofit organization; a tribal organization (as defined in
section 4(c) of the Indian Self-Determination and Education
Assistance Act
[[Page 46838]]
(25 U.S.C. 5304(l))); or an economic enterprise (as defined in
section 3(e) of the Indian Financing Act of 1974 (25 U.S.C.
1452(e))) whether such economic enterprise is organized for profit
or nonprofit purposes; which has an agreement with the Under
Secretary of Defense for Acquisition and Sustainment to furnish
procurement technical assistance to business entities (as defined in
10 U.S.C. 4951).
(b) The Contractor shall provide cooperative agreement holders,
upon their request, with a list of those appropriate employees or
offices responsible for entering into subcontracts under defense
contracts. The list shall include the business address, telephone
number, and area of responsibility of each employee or office.
(c) The Contractor need not provide the listing to a particular
cooperative agreement holder more frequently than once a year.
(End of clause)
[FR Doc. 2024-11518 Filed 5-29-24; 8:45 am]
BILLING CODE 6001-FR-P
