[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Pages 51750-51751]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20871]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 217

[Docket No. DARS-2015-0039]
RIN 0750-AI63


Defense Federal Acquisition Regulation Supplement: Contracts or 
Delivery Orders Issued by a Non-DoD Agency (DFARS Case 2015-D014)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to remove duplicative text 
relating to contracts or delivery orders issued by a non-DoD Agency and 
relocate remaining text to conform to the Federal Acquisition 
Regulation (FAR).

DATES: Effective August 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, 571-372-6089.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to move the coverage at DFARS subpart 
217.78, Contracts or Delivery Orders Issued by a Non-DoD Agency, to 
DFARS subpart 217.7, Interagency Acquisitions: Acquisitions by 
Nondefense Agencies on Behalf of the Department of Defense. This change 
will align the DFARS with the same coverage in the FAR. In addition, 
some duplicative text and definitions for ``non-DoD agency'' and ``non-
DoD agency that is an element of the intelligence community'' were 
removed from the DFARS coverage,

[[Page 51751]]

since the subject matter is now addressed in FAR subpart 17.7.

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

    The statute that applies to the publication of the Federal 
Acquisition Regulation is 41 U.S.C. 1707, Publication of Proposed 
Regulations. 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 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 deletes duplicative text and relocates text within 
the DFARS. These DFARS updates are administrative in nature and 
therefore do not have 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 (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 Part 217

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 217 is amended as follows:

PART 217--SPECIAL CONTRACTING METHODS

0
1. The authority citation for 48 CFR part 217 continues to read as 
follows:

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


0
2. Add subpart 217.7 to read as follows:

Subpart 217.7--Interagency Acquisitions: Acquisitions by Nondefense 
Agencies on Behalf of the Department of Defense

Sec.
217.700 Scope of subpart.
217.701 Definitions.
217.770 Procedures.

Subpart 217.7--Interagency Acquisitions: Acquisitions by Nondefense 
Agencies on Behalf of the Department of Defense


217.700  Scope of subpart.

    This subpart--
    (a) Implements section 854 of the National Defense Authorization 
Act for Fiscal Year 2005 (Pub. L. 108-375), section 801 of the National 
Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110-181), and 
section 806 of the National Defense Authorization Act for Fiscal Year 
2010 (Pub. L. 111-84); and
    (b) Prescribes policy for the acquisition of supplies and services 
through the use of contracts or orders issued by non-DoD agencies.


217.701  Definitions.

    As used in this subpart--
    Assisted acquisition means the type of interagency contracting 
through which acquisition officials of a non-DoD agency award a 
contract or a task or delivery order for the acquisition of supplies or 
services on behalf of DoD.
    Direct acquisition means the type of interagency contracting 
through which DoD orders a supply or service from a Governmentwide 
acquisition contract maintained by a non-DoD agency.
    Governmentwide acquisition contract means a task or delivery order 
contract that--
    (1) Is entered into by a non-defense agency; and
    (2) May be used as the contract under which property or services 
are procured for one or more other departments or agencies of the 
Federal Government.


217.770  Procedures.

    Departments and agencies shall establish and maintain procedures 
for reviewing and approving orders placed for supplies and services 
under non-DoD contracts, whether through direct acquisition or assisted 
acquisition, when the amount of the order exceeds the simplified 
acquisition threshold. These procedures shall include--
    (a) Evaluating whether using a non-DoD contract for the acquisition 
is in the best interest of DoD. Factors to be considered include--
    (1) Satisfying customer requirements;
    (2) Schedule;
    (3) Cost effectiveness (taking into account discounts and fees). In 
order to ensure awareness of the total cost of fees associated with use 
of a non-DoD contract, follow the procedures at PGI 217.703(1)(iii); 
and
    (4) Contract administration (including oversight);
    (b) Determining that the tasks to be accomplished or supplies to be 
provided are within the scope of the contract to be used;
    (c) Reviewing funding to ensure that it is used in accordance with 
appropriation limitations; and
    (d) Collecting and reporting data on the use of assisted 
acquisition for analysis. Follow the reporting requirements in subpart 
204.6.

Subpart 217.78 [Removed and Reserved]

0
3. Remove and reserve subpart 217.78, consisting of sections 217.7800, 
217.7801, and 217.7802.

[FR Doc. 2015-20871 Filed 8-25-15; 8:45 am]
 BILLING CODE 5001-06-P