[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13546-13547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04362]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 219 and 252

[DFARS Case 2009-D002]
RIN 0750-AG40


Defense Federal Acquisition Regulation Supplement; Electronic 
Subcontracting Reporting System

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD has adopted as final, with changes, an interim rule, 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to conform to the FAR regarding policy and procedures related to the 
Electronic Subcontracting Reporting System.

DATES: Effective February 28, 2013.

FOR FURTHER INFORMATION CONTACT: Lee Renna, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6095.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published an interim rule in the Federal Register at 75 FR 
65439 on October 25, 2010, to amend section 219.708, clauses 252.212-
7001, 252.219-7003, and 252.219-7004, and sections I-105 and I-112 of 
Appendix I, to provide DoD-specific procedures and policies related to 
the Electronic Subcontracting Reporting System (eSRS). There were no 
comments received in response to the interim rule. Accordingly, the 
interim rule amending 48 CFR parts 219, 252, and Appendix I, is adopted 
as a final rule with only minor technical changes at 219.708.

II. Executive Order 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. 
The Office of Information and Regulatory Affairs has determined that 
this is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD certifies that this final rule will not 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 small businesses are not required to have subcontracting plans 
and, therefore, are not required to use eSRS to submit reports on their 
progress in achieving the goals in those plans.

IV. Paperwork Reduction Act.

    This final rule does not contain any new information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. 35). This rule 
provides DoD instructions on how to submit reports that are already 
required by the FAR and are covered under Office of Management and 
Budget Clearance Numbers 9000-0006, Subcontracting Plans/Individual 
subcontract Report (SF 294) and 9000-0007, Summary Contract Report.

List of Subjects in 48 CFR Parts 219 and 252

    Government procurement.

Kortnee Stewart,
Editor, Defense Acquisition Regulations System.
    Accordingly, the interim rule amending 48 CFR parts 219 and 252, 
which was published in the Federal Register at 75 FR 65439 on October 
25, 2010, is adopted a final with the following changes:

PART 219--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 219 continues to read as 
follows:

    Authority:  41. U.S.C. 1303 and 48 CFR Chapter 1.


0
2. Section 219.708 is amended by revising paragraph (b)(1) to read as 
follows:


219.708  Contract clauses.

    (b)(1)(A) Except as provided in paragraph (b)(1)(B) of this 
section, use the clause at 252.219-7003, Small Business Subcontracting 
Plan (DoD Contracts)--
    (1) In solicitations and contracts that contain the clause at FAR 
52.219-9, Small Business Subcontracting Plan.
    (2) With its Alternate I in contracts that use Alternate III of 
52.219-9, Small

[[Page 13547]]

Business Subcontracting Plan. (B)(1) In prime contracts with 
contractors that have comprehensive subcontracting plans approved under 
the test program described in 219.702, use the clause at 252.219-7004, 
Small Business Subcontracting Plan (Test Program), instead of the 
clauses at 252.219-7003, Small Business Subcontracting Plan (DoD 
Contracts), and FAR 52.219-9, Small Business Subcontracting Plan.
    (2) However, also include in the prime contract, solely for the 
purpose of flowing the clauses down to subcontractors--
    (i) FAR clause 52.219-9, Small Business Subcontracting Plan, and 
252.219-7003; or
    (ii) When the contract will not be reported in FPDS (see FAR 4.606 
(c)(5)), FAR clause 52.219-9, Small Business Subcontracting Plan with 
its Alternate III and 252.219-7003 Small Business Subcontracting Plan 
(DoD Contracts) with its Alternate I.
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[FR Doc. 2013-04362 Filed 2-27-13; 8:45 am]
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