[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]
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DEPARTMENT OF DEFENSE
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
(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 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-
6093.
SUPPLEMENTARY INFORMATION:
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
personnel.
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
Statute
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:
PART 217--SPECIAL CONTRACTING METHODS
0
1. The authority citation for 48 CFR part 217 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Revise section 217.502-1 to read as follows:
217.502-1 General.
(a) Written agreement on responsibility for management and
administration--
(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]
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