[Federal Register Volume 83, Number 233 (Tuesday, December 4, 2018)]
[Rules and Regulations]
[Pages 62501-62502]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-26309]



Defense Acquisition Regulations System

48 CFR Part 217

[Docket DARS-2018-0054]
RIN 0750-AK27

Defense Federal Acquisition Regulation Supplement: Documentation 
for Interagency Contracts (DFARS Case 2018-D073)

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 implement a section of the 
National Defense Authorization Act for Fiscal Year 2019 that removes 
the requirement to make a best procurement approach determination to 
use an interagency acquisition.

DATES: Effective December 4, 2018.

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


I. Background

    DoD is amending the DFARS to implement section 875 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2019 (Pub. L. 
115-232). Section 875 amends section 865 of the NDAA for FY 2009 (Pub. 
L. 110-417) by removing the requirement for agencies,

[[Page 62502]]

prior to requesting another agency to conduct an acquisition on its 
behalf, to make a determination that the use of an interagency 
acquisition represents the best procurement approach. The requirement 
for a best procurement approach determination is implemented at Federal 
Acquisition Regulations (FAR) 17.502-1(a). Removal of the requirement 
from the FAR, in accordance with section 875, is being accomplished 
under FAR case 2018-015. This rule removes supplemental text from DFARS 
217.502-1 that advises contracting officers, when providing acquisition 
assistance to deployed DoD units or personnel from another DoD 
Component, to obtain the determination from the requiring DoD unit or 

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule only impacts the internal operating procedures of the 
agency. As such, the rule does not impose any new requirements on 
contracts at or below the simplified acquisition threshold or for 
commercial items, including commercially available off-the-shelf items.

III. Executive Orders 12866 and 13563

    Executive Order (E.O.) 12866, Regulatory Planning and Review; and 
E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information 
and Regulatory Affairs (OIRA), has determined that this is not a 
significant regulatory action as defined under section 3(f) of E.O. 
12866 and, therefore, was not subject to review under section 6(b). 
This rule is not a major rule as defined at 5 U.S.C. 804(2).

IV. Executive Order 13771

    This final rule is not an E.O. 13771 regulatory action, because 
this rule is not significant under E.O. 12866.

V. Publication of This Final Rule for Public Comment Is Not Required by 

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 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 only 
impacts determination and documentation processes that are internal to 
the agency.

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 V. 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 217

    Government procurement.

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

    Therefore, 48 CFR part 217 is amended as follows:


1. The authority citation for 48 CFR part 217 continues to read as 

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

2. Revise section 217.502-1 to read as follows:

217.502-1   General.

    (a) Written agreement on responsibility for management and 
    (1) Assisted acquisitions. Follow the procedures at PGI 217.502-
1(a)(1), when a contracting activity from a DoD Component provides 
acquisition assistance to deployed DoD units or personnel from another 
DoD Component.
[FR Doc. 2018-26309 Filed 12-3-18; 8:45 am]