[Federal Register Volume 80, Number 195 (Thursday, October 8, 2015)]
[Proposed Rules]
[Pages 60832-60833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25614]



[[Page 60832]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 13, 18, and 19

[FAR Case 2015-020; Docket 2015-0020; Sequence 1]
RIN 9000-AN09


Federal Acquisition Regulation; Simplified Acquisition Threshold 
for Overseas Acquisitions in Support of Humanitarian or Peacekeeping 
Operations

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

ACTION: Proposed rule.

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SUMMARY: DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to implement a higher simplified 
acquisition threshold for overseas acquisitions in support of 
humanitarian or peacekeeping operations.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
December 7, 2015 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments in response to FAR Case 2015-020 by any of 
the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-020.'' Select the link ``Comment Now'' that corresponds with FAR 
Case 2015-020. Follow the instructions provided at the ``Comment Now'' 
screen. Please include your name, company name (if any), and ``FAR Case 
2015-020'' on your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, 
Washington, DC 20405.
    Instructions: Please submit comments only and cite FAR Case 2015-
020, in all correspondence related to this case. Comments received 
generally will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check 
www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Kathlyn Hopkins, Procurement 
Analyst, at 202-969-7226, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAR case 2015-020.

SUPPLEMENTARY INFORMATION: 

I. Background

    The purpose of this rule is to implement 41 U.S.C. 153, which 
establishes a higher simplified acquisition threshold (SAT) for 
overseas acquisitions in support of humanitarian or peacekeeping 
operations. FAR Case 2003-022 was published as an interim rule on 
February 23, 2004 (69 FR 8312) and as a final rule on December 20, 2004 
(69 FR 76350). Drafters of that rule revised the definition for SAT 
contained at FAR 2.101, Definitions, but also inadvertently deleted the 
reference to overseas humanitarian or peacekeeping missions and the 
requisite doubling of the SAT in those circumstances. The civilian 
statute at the time was numbered 41 U.S.C. 259(d)(1); it is now at 41 
U.S.C. 153. The purpose of this rule is to reinstate the increased SAT 
for overseas acquisitions for peacekeeping or humanitarian operations. 
Conforming changes are made in FAR parts 4, 13, 18, and 19.

II. 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.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA do not expect this proposed rule 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 the rule merely provides flexibilities associated with 
contracting under the SAT for overseas acquisitions in support of 
humanitarian or peacekeeping operations. However, an Initial Regulatory 
Flexibility Analysis (IRFA) has been performed, and is summarized as 
follows:

    The purpose of this rule is to implement 41 U.S.C. 153, which 
establishes a higher SAT for overseas acquisitions in support of 
humanitarian or peacekeeping operations. The increased threshold is 
limited to those procurements. In Fiscal Year 2014, 1,545 awards 
were made in support of humanitarian or peacekeeping operations, and 
585 (37.86 percent) of these awards were to small businesses. 
Additionally, only 81 (5.24 percent) of the awards were valued 
between $150,000 and $300,000. Therefore, it is not anticipated that 
this rule will have a significant economic impact on small 
businesses.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternatives were determined that will accomplish 
the objectives of the rule.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. A copy 
of the IRFA may be obtained from the Regulatory Secretariat. DoD, GSA, 
and NASA invite comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-020), 
in correspondence.

IV. Paperwork Reduction Act

    This 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 2, 4, 13, 18, and 19

    Government procurement.

William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 4, 
13, 18, and 19 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 13, 18, and 19 
continues to read as follows:

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

[[Page 60833]]

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 in paragraph (b)(2), by revising the definition 
``Simplified acquisition threshold'' to read as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Simplified acquisition threshold means $150,000, except for--
    (1) Acquisitions of supplies or services that, as determined by the 
head of the agency, are to be used to support a contingency operation 
or to facilitate defense against or recovery from nuclear, biological, 
chemical, or radiological attack (41 U.S.C. 1903), the term means--
    (i) $300,000 for any contract to be awarded and performed, or 
purchase to be made, inside the United States; and
    (ii) $1 million for any contract to be awarded and performed, or 
purchase to be made, outside the United States.
    (2) Acquisitions of supplies or services that, as determined by the 
head of the agency, are to be used to support a humanitarian or 
peacekeeping operation (41 U.S.C. 153 and 10 U.S.C. 2302), the term 
means $300,000 for any contract to be awarded and performed, or 
purchase to be made, outside the United States.
* * * * *

PART 4--ADMINISTRATIVE MATTERS


4.1102  [Amended]

0
3. Amended section 4.1102 by removing from paragraph (a)(3)(i) ``10 
U.S.C. 2302(7)'' and adding ``10 U.S.C. 2302(8)'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.003  [Amended]

0
4. Amended section 13.003 by removing from paragraph (b)(1) ``described 
in paragraph (1)'' and adding ``described in paragraph (1)(i)'' in its 
place.

PART 18--EMERGENCY ACQUISITIONS

0
5. Amend subpart 18.2 by redesignating section 18.204 as section 
18.205; and adding a new section 18.204 to read as follows:


18.204  Humanitarian or peacekeeping operation.

    (a) A humanitarian or peacekeeping operation is defined in 2.101.
    (b) Simplified acquisition threshold. The threshold increases when 
the head of the agency determines the supplies or services are to be 
used to support a humanitarian or peacekeeping operation. (See 2.101.)

PART 19--SMALL BUSINESS PROGRAMS


19.203  [Amended]

0
6. Amended section 19.203 by removing from paragraph (b) ``described in 
paragraph (1)'' and adding ``described in paragraph (1)(i)'' in its 
place.


19.502-2  [Amended]

0
7. Amended section 19.502-2 by removing from paragraph (a) ``described 
in paragraph (1) of the Simplified Acquisition Threshold'' and adding 
``described in paragraph (1)(i) of the simplified acquisition 
threshold'' in its place.

[FR Doc. 2015-25614 Filed 10-7-15; 8:45 am]
 BILLING CODE 6820-EP-P