[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]


=======================================================================
-----------------------------------------------------------------------

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.

-----------------------------------------------------------------------

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]
 BILLING CODE 5001-06-P