[Federal Register Volume 83, Number 87 (Friday, May 4, 2018)]
[Rules and Regulations]
[Page 19641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09488]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 201

[Docket DARS-2018-0017]
RIN 0750-AJ69


Defense Federal Acquisition Regulation Supplement: Statement of 
Purpose for Department of Defense Acquisition (DFARS Case 2018-D005)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2018 to revise the 
DFARS to include a statement of purpose.

DATES: Effective May 4, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Kelly Hughes, telephone 571-372-
6090.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to implement section 801 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 
115-404). Section 801 directs the insertion of a statement of purpose 
for Department of Defense acquisition in the DFARS. This rule adds the 
statement of purpose to DFARS 201.101.

II. 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. The rule merely adds a purpose 
statement to the regulations.

III. 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 it clarifies 
the purpose of the defense system as required by the NDAA for FY 2018. 
There is no cost or administrative impact on contractors or offerors. 
These requirements affect only the internal operating guidance of the 
Government.

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 Executive Order (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 III. 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 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 201

    Government procurement.

Amy G. Williams,
Deputy, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 201 is amended as follows:

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
1. The authority citation for part 201 continues to read as follows:

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


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2. Add section 201.101 to subpart 201.1 to read as follows:


201.101  Purpose.

    (1) The defense acquisition system, as defined in 10 U.S.C. 2545, 
exists to manage the investments of the United States in technologies, 
programs, and product support necessary to achieve the national 
security strategy prescribed by the President pursuant to section 108 
of the National Security Act of 1947 (50 U.S.C. 3043) and to support 
the United States Armed Forces.
    (2) The investment strategy of DoD shall be postured to support not 
only the current United States armed forces, but also future armed 
forces of the United States.
    (3) The primary objective of DoD acquisition is to acquire quality 
supplies and services that satisfy user needs with measurable 
improvements to mission capability and operational support at a fair 
and reasonable price.
[FR Doc. 2018-09488 Filed 5-3-18; 8:45 am]
 BILLING CODE 5001-06-P