[Federal Register Volume 78, Number 123 (Wednesday, June 26, 2013)]
[Rules and Regulations]
[Pages 38234-38235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-15270]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 208, 216, and 247

RIN 0750-AH91


Defense Federal Acquisition Regulation Supplement: Requirements 
for Acquisitions Pursuant to Multiple Award Contracts (DFARS Case 2012-
D047)

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 section 863 of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2009 
(Pub. L. 110-417). Section 863(f) repeals redundant provisions of 
section 803 of the NDAA for FY 2001, which was implemented by a 
previous DFARS case, 2001-D017.

DATES: Effective Date: June 26, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Fernell Warren, telephone 571-372-
6089.

SUPPLEMENTARY INFORMATION: 

I. Background

    On October 25, 2002, a final DFARS rule was published (67 FR 65505) 
which implemented section 803 of the NDAA for FY 2002 (Pub. L. 107-107; 
10 U.S.C. 2304 note). The purpose of section 803 was to achieve savings 
in expenditures through the use of competition in the purchase of 
services pursuant to multiple award contracts.
    Increasing savings in expenditures through competition is a 
continuing goal of the Federal Government, and as such, section 863 of 
the NDAA for FY 2009 required that the Federal Acquisition Regulation 
(FAR) be amended to require enhanced competition in the purchase of 
property and services by all executive agencies pursuant to multiple-
award contracts. Final publication of FAR Case 2007-012 (March 2, 
2012), Requirements for Acquisitions Pursuant to Multiple-Award 
Contracts, satisfied this requirement of section 863.
    The statute also repeals section 803 of the NDAA for FY2002 as a 
redundant provision. As such, this final rule reconciles and removes 
from the DFARS all obsolete references to section 803 of the NDAA for 
FY2002 (Pub. L. 107-107; 10 U.S.C. 2304 note) now implemented in the 
FAR.
    This final rule makes the following changes:
     Modify 208.404(a)(i) to delete the reference to 208.405-
70(c)(2) which is redundant, and to change $150,000 to the simplified 
acquisition threshold to reconcile with the FAR.
     Relocate the reference to the provisions prescribed at 
215.371-6 and 215.408(4) from 208.405-70(d) to 208.404 in order to 
retain the cross reference to the provisions that remain applicable.
     Delete 208.405-70 because it is redundant with FAR 8.405. 
Competitive requirements when using Federal Supply Schedules are now 
fully implemented in the FAR.
     Modify 208.7400(d) to delete an obsolete reference to 
208.405-70.
     Renumber 216.501 to 216.501-2-70 to reconcile with FAR 
using the correct numbering convention.
     Delete 216.501-1. Only ``Multiple-award contract'' was 
defined and it was only used in 216.505-70 which is also deleted in 
this rule.
     Renumber 216.501-2(a) to 216.501-2-70(b) to reconcile with 
FAR.
     Delete 216.505-70(a), (b), (c), (d)(1), (2), (4), and (5) 
which are redundant. Competitive requirements for orders under 
multiple-award contracts are now fully implemented in the FAR at 
16.500(d) and 16.505(b). Retain content of 216.505-70(d)(3), renumbered 
as 216.505-70, which remains applicable under the stated circumstances.
     Modify 247.271-3(f) to change the reference from FAR 
16.505(a)(4) to 16.504(a)(4)(vii) to reconcile with FAR numbering. FAR 
16.505(a)(4) was not changed by FAR Case 2007-012, but no longer 
discusses oral orders.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    Publication of proposed regulations, 41 U.S.C. 1707, is the statute 
which applies to the publication of the Federal Acquisition Regulation. 
Paragraph (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 it simply 
reconciles and removes all obsolete references to section 803 of the 
National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-
107; 10 U.S.C. 2304 note) from the DFARS. These requirements affect 
only the internal operating procedures of the Government, and the rule 
does not create a significant cost or administrative impact on 
contractors or offerors.

III. 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

[[Page 38235]]

(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. This rule is not a major rule under 5 U.S.C. 804.

IV. 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.

V. Paperwork Reduction Act

    The 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 208, 216, and 247

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, DoD amends 48 CFR parts 208, 216, and 247 as follows:

0
1. The authority citation for parts 208, 216, and 247 continue to read 
as follows:

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

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES

0
2. Amend section 208.404 by--
0
a. Revising paragraph (a)(i); and
0
b. Adding a new paragraph (a)(iv).
    The text of the revisions and additions read as follows:


208.404   Use of Federal Supply Schedules.

    (a)(i) If only one offer is received in response to an order 
exceeding the simplified acquisition threshold that is placed on a 
competitive basis, the procedures at 215.371 apply.
* * * * *
    (iv) Use the provisions at 252.215-7007, Notice of Intent to 
Resolicit, and 252.215-7008, Only One Offer, as prescribed at 
215.408(3) and 215.408(4), respectively.


208.405-70   [Removed]

0
3. Section 208.405-70 is removed.


208.7400   [Amended]

0
4. Amend section 208.7400, paragraph (d), by removing ``established in 
accordance with FAR 8.405 and 208.405-70; or'' and adding ``established 
in accordance with FAR 8.405; or'' in its place.

PART 216--TYPES OF CONTRACTS


216.501   [Redesignated as 216.501-2-70]

0
5. Redesignate section 216.501 as section 216.501-2-70.

0
6. In newly redesignated section 216.501-2-70, add paragraph (b) to 
read as follows:


216.501-2-70   General.

* * * * *
    (b) See 217.204(e)(i) for limitations on the period for task order 
or delivery order contracts awarded by DoD pursuant to 10 U.S.C. 2304a.


216.501-1 and 216.501-2   [Removed]

0
7. Remove sections 216.501-1 and 216.501-2.

0
8. Revise section 216.505-70 to read as follows:


216.505-70   Orders under multiple award contracts.

    If only one offer is received in response to an order exceeding the 
simplified acquisition threshold that is placed on a competitive basis, 
the contracting officer shall follow the procedures at 215.371.

PART 247--TRANSPORTATION


247.271-3   [Amended]

0
9. Amend section 247.271-3, paragraph (f), by removing ``for placing 
oral orders in accordance with FAR 16.505 (a)(4), document the oral 
orders'' and adding ``for placing oral orders in accordance with FAR 
16.504(a)(4)(vii), document the oral orders'' in its place.

[FR Doc. 2013-15270 Filed 6-25-13; 8:45 am]
BILLING CODE 5001-06-P