[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Page 46792]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18462]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 16

[FAC 2005-69; FAR Case 2013-011; Item IV; Docket 2013-0011, Sequence 1]
RIN 9000-AM16


Federal Acquisition Regulation; Repeal of Sunset for Certain 
Protests of Task or Delivery Order Contracts

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the 
National Defense Authorization Act (NDAA) for Fiscal Year 2013. This 
section removes the sunset date for protests against certain orders 
under a task-order contract or delivery-order contract for title 10 
agencies only.

DATES: Effective: September 3, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at 202-208-4949, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-69, FAR Case 2013-
011.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are issuing this final rule to amend the FAR to 
implement section 830 of the 2013 NDAA (Pub. L. 112-239) enacted 
January 2, 2013, for agencies covered by title 10 of the United States 
Code, namely DoD, NASA, and Coast Guard. This section removes the 
sunset date for protests against the issuance or proposed issuance of 
an order, valued at more than $10 million, under a task-order contract 
or delivery-order contract for title 10 agencies only. The authority to 
protest the placement of such orders does not expire for DoD, NASA, and 
the Coast Guard. This rule does not affect title 41 agencies, which 
continue to have a sunset date of September 30, 2016.

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 FAR. 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 operation 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 this rule 
reflects the statutory elimination of the sunset date for protest for 
title 10 agencies. The FAR revision informs the acquisition community 
of this change.

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 (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 FAR revision and 41 
U.S.C. 1707 does not require publication for public comment.

V. Paperwork Reduction Act

    The 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 Subject in 48 CFR Part 16

    Government procurement.

    Dated: July 26, 2013.
William Clark,
 Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 16 as set forth 
below:

PART 16--TYPES OF CONTRACTS

0
1. The authority citation for 48 CFR part 16 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.


0
2. Amend section 16.505 by revising paragraph (a)(10)(ii) to read as 
follows:


16.505  Ordering.

    (a) * * *
    (10) * * *
    (ii) The authority to protest the placement of an order under 
(a)(10)(i)(B) of this section expires on September 30, 2016, for 
agencies other than DoD, NASA, and the Coast Guard (41 U.S.C. 4103(d) 
and 41 U.S.C. 4106(f)). The authority to protest the placement of an 
order under (a)(10)(i)(B) of this section does not expire for DoD, 
NASA, and the Coast Guard.
* * * * *
[FR Doc. 2013-18462 Filed 7-31-13; 8:45 am]
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