[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 15994-15995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07734]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 202 and 239
[Docket DARS-2018-0013]
RIN 0750-AJ39
Defense Federal Acquisition Regulation Supplement: Definition of
``Information Technology'' (DFARS Case 2017-D033)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to relocate the definition of
information technology within the DFARS.
DATES: Effective April 13, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer Johnson, telephone 571-
372-6100.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is relocating the definition of ``information technology'' from
DFARS 202.101 to DFARS 239.7301. This specific definition of
``information technology'' was established in section 806, entitled
``Requirements for Information Relating to Supply Chain Risk,'' of the
National Defense Authorization Act for Fiscal Year (FY) 2011 (Pub. L.
111-383). Section 806(b)(6) used the definition of ``information
technology'' in 40 U.S.C. 11101(6) to define a ``covered item of
supply''. On October 30, 2015, DoD published in the Federal Register
(80 FR 67244) the final rule for DFARS case 2012-D050, Requirements
Relating to Supply Chain Risk, incorporating this ``information
technology'' definition into DFARS 202.101, Definitions, as opposed to
DFARS 239.7301, Definitions. This rule will align this specific
definition of ``information technology'' with DFARS 239.73,
Requirements for Information Relating to Supply Chain Risk, as
originally intended in Public Law 111-383.
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 the Office of Federal Procurement
Policy statute (codified at Title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1) 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 the rule merely
relocates existing text within the DFARS. This rule affects only the
internal operating procedures of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not add any new provisions or clauses or impact
existing provisions or clauses. There are no reporting, recordkeeping,
or other compliance requirements in this rule.
IV. 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.
V. Executive Order 13771
This rule is not subject to E.O. 13771, Reducing Regulation and
Controlling Regulatory Costs, because this rule is not a significant
regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility
[[Page 15995]]
analysis is required and none has been prepared.
VII. 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 202 and 239
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202 and 239 are amended as follows:
0
1. The authority citation for parts 202 and 239 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
0
2. Amend section 202.101 by removing the definition of ``Information
technology.''
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
0
3. Amend section 239.7301 by adding the definition of ``Information
technology'' in alphabetical order to read as follows:
239.7301 Definitions.
* * * * *
Information technology (see 40 U.S.C 11101(6)) means, in lieu of
the definition at FAR 2.1, any equipment, or interconnected system(s)
or subsystem(s) of equipment, that is used in the automatic
acquisition, storage, analysis, evaluation, manipulation, management,
movement, control, display, switching, interchange, transmission, or
reception of data or information by the agency.
(1) For purposes of this definition, equipment is used by an agency
if the equipment is used by the agency directly or is used by a
contractor under a contract with the agency that requires--
(i) Its use; or
(ii) To a significant extent, its use in the performance of a
service or the furnishing of a product.
(2) The term ``information technology'' includes computers,
ancillary equipment (including imaging peripherals, input, output, and
storage devices necessary for security and surveillance), peripheral
equipment designed to be controlled by the central processing unit of a
computer, software, firmware and similar procedures, services
(including support services), and related resources.
(3) The term ``information technology'' does not include any
equipment acquired by a contractor incidental to a contract.
* * * * *
[FR Doc. 2018-07734 Filed 4-12-18; 8:45 am]
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