[Federal Register Volume 83, Number 72 (Friday, April 13, 2018)]
[Rules and Regulations]
[Pages 16004-16005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-07735]



Defense Acquisition Regulations System

48 CFR Part 237

[Docket DARS-2018-0013]
RIN 0750-AJ49

Defense Federal Acquisition Regulation Supplement: Educational 
Service Agreements (DFARS Case 2017-D039)

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 remove limiting language 
related to educational service agreements. This deletion will allow DoD 
to make agreements that permit payment for Masters of Laws degrees and 
other legal training programs, in accordance with applicable law, 
regulation, and policy.

DATES: Effective April 13, 2018.

FOR FURTHER INFORMATION CONTACT: Carrie Moore, telephone 571-372-6093.


I. Background

    DFARS subpart 237.72, Educational Service Agreements, prescribes 
policies and procedures for acquiring educational services from 
schools, colleges, universities, or other educational institutions. An 
educational service agreement (ESA) is an ordering

[[Page 16005]]

agreement under which the Government may acquire educational services. 
DFARS 237.7202(a) prohibits the use of ESAs as a contracting method for 
training in the legal profession, except when in connection with the 
detailing of commissioned officers to law schools under 10 U.S.C. 2004.
    The limitation at DFARS 237.7202(a) was established at a time when 
legal training was acquired only for the purpose of obtaining doctorate 
degrees for military judge advocates. DoD's need for legal training has 
evolved since the implementation of the text at DFARS 237.7202(a). 
Since 10 U.S.C. 2004 contains no prohibition against acquiring other 
training in the legal profession, this rule amends the DFARS to delete 
the language at DFARS 237.7202(a). Removal of this limitation will 
allow DoD to make agreements that permit payment for masters of laws 
degrees and other legal training needs, in accordance with applicable 
law, regulation, and policy.

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 codified at Title 41 of the United 
States Code (formerly known as the Office of Federal Procurement Policy 
Act). 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 it is simply allowing the contracting officer to use an ESA 
when acquiring training in the legal profession. Contracting officers 
can already use ESAs for the acquisition of training in any other 
profession. This requirement 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 the rule relates to agency 
organization, management, or personnel.

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 rule), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility 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 Part 237

    Government procurement.

Jennifer Lee Hawes,
Regulatory Control Officer Defense Acquisition Regulations System.

    Therefore, 48 CFR part 237 is amended as follows:


1. The authority citation for part 237 continues to read as follows:

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

237.7202   [Amended]

2. Amend section 237.7202 by removing paragraph (a) and redesignating 
paragraph (b) as an undesignated paragraph.

[FR Doc. 2018-07735 Filed 4-12-18; 8:45 am]