[Federal Register Volume 80, Number 224 (Friday, November 20, 2015)]
[Rules and Regulations]
[Page 72606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29556]



Defense Acquisition Regulations System

48 CFR Part 216

[Docket DARS-2015-0048]
RIN 0750-AI73

Defense Federal Acquisition Regulation Supplement: Eliminate Data 
Collection Requirement (DFARS Case 2015-D031)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to eliminate a requirement 
for military departments and defense agencies to collect and report 
relevant data on award and incentive fees paid to contractors.

DATES: Effective November 20, 2015.

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


I. Background

    Section 814 of the National Defense Authorization Act for Fiscal 
Year 2007 (Pub. L. 109-364) requires that DoD provide guidance on the 
appropriate use of award and incentive fees in DoD acquisition 
programs, including the requirement to ensure that DoD collects 
relevant data on award and incentive fees paid to contractors and has 
mechanisms in place to evaluate such data on a regular basis. DFARS 
216.401-70, Data collection, states this latter requirement of section 
814. Previously, DoD collected award and incentive fee data 
semiannually by a manual data call from the DoD components, which was 
very labor-intensive. On April 6, 2015 (80 FR 18323), DoD removed from 
DFARS 216.401-70 the requirement to follow the reporting requirements 
in the associated DFARS Procedures, Guidance, and Information, because 
DoD can now obtain relevant data through peer reviews and other 
sources, such as the Contract Business Analysis Repository (CBAR). This 
final rule removes the remaining statement about the statutory 
requirements of section 814. Retention of this statement in the DFARS 
is no longer necessary, because there is no longer a need to collect 
data directly from the contracting officer or other members of the 
contracting community in the military departments or defense agencies.

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 (FAR) is 41 U.S.C. 1707 entitled ``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 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 deletes an unnecessary statement from the DFARS. This 
revision has no significant effect beyond the internal operating 
procedures of the Government and has no 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 216

    Government procurement.

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

    Therefore, 48 CFR part 216 is amended as follows:


1. The authority citation for 48 CFR part 216 continues to read as 

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

216.401-70   [Removed]

2. Remove section 216.401-70.

[FR Doc. 2015-29556 Filed 11-19-15; 8:45 am]