[Federal Register Volume 84, Number 62 (Monday, April 1, 2019)]
[Rules and Regulations]
[Pages 12141-12142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06247]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2019-0012]
RIN 0750-AK06


Defense Federal Acquisition Regulation Supplement: Modification 
of DFARS Clause ``Utilization of Indian Organizations, Indian-Owned 
Economic Enterprises, and Native Hawaiian Small Business Concerns'' 
(DFARS Case 2018-D051)

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 add supplemental contact 
information for departments identified in an existing DFARS clause.

DATES: Effective April 1, 2019.

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

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is amending the DFARS to add department phone numbers and 
websites to the DFARS clause, 252.226-7001, Utilization of Indian 
Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian 
Small Business Concerns. Included in solicitations and contracts that 
are for supplies and services exceeding $500,000 in value, this clause: 
encourages contractors to give Indian organizations, Indian-owned 
economic enterprises, and Native Hawaiian small business concerns the 
maximum practicable opportunity to participate in subcontracts; 
addresses status representations for these organizations, enterprises, 
and concerns; provides the name and address of the departments that 
that address representation matters for these organizations, 
enterprises, and concerns; and provides the terms and conditions under 
which incentive payments may be requested under the contract. In an 
effort to streamline the procurement process and make information more 
accessible to the contractor, this modification adds phone numbers and 
websites for both of the departments listed in the clause.
    The modification of this DFARS text supports a recommendation from 
the DoD Regulatory Reform Task Force. On February 24, 2017, the 
President signed

[[Page 12142]]

Executive Order (E.O.) 13777, Enforcing the Regulatory Reform Agenda, 
which established a Federal policy ``to alleviate unnecessary 
regulatory burdens'' on the American people. In accordance with E.O. 
13777, DoD established a Regulatory Reform Task Force to review and 
validate DoD regulations, including the DFARS. The DoD Task Force 
reviewed the requirements of DFARS clause 252.226-7001 and determined 
that the clause could be modified. A public notice of the establishment 
of the DFARS Subgroup to the DoD Regulatory Reform Task Force, for the 
purpose of reviewing DFARS provisions and clauses, was published in the 
Federal Register at 82 FR 35741 on August 1, 2017, and requested public 
input. No public comments were received about this clause in response 
to the public notice.

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

    This rule provides additional methods with which to contact the 
departments listed in the clause. This rule does not create any new 
provisions or clauses or impose any new requirements. This rule does 
apply to contracts for commercial and commercially available off-the-
shelf items, and does not apply to contracts at or below the simplified 
acquisition threshold.

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 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 DoD is not 
issuing a new regulation; rather, this rule merely provides additional 
methods with which to contact the departments listed in a DFARS clause.

IV. 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, 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).

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

V. 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.

VI. 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 252

    Government procurement.

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

    Therefore, 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for part 252 continues to read as follows:

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

0
2. Amend section 252.226-7001 by:
0
a. In the clause heading, removing the date ``(SEP 2004)'' and adding 
``(APR 2019)'' in its place; and
0
b. Revising paragraph (d).
    The revision reads as follows:


252.226-7001   Utilization of Indian Organizations, Indian-owned 
Economic Enterprises, and Native Hawaiian Small Business Concerns.

* * * * *
    (d) In the event of a challenge to the representation of a 
subcontractor, the Contracting Officer will refer the matter to--
    (1)(i) For matters relating to Indian organizations or Indian-owned 
economic enterprises:
    U.S. Department of the Interior, Bureau of Indian Affairs, Attn: 
Bureau Procurement Chief, 12220 Sunrise Valley Drive, Reston, VA 20191, 
Phone: 703-390-6433, Website: https://www.bia.gov/.
    (ii) The BIA will determine the eligibility and will notify the 
Contracting Officer.
    (2)(i) For matters relating to Native Hawaiian small business 
concerns:
    Department of Hawaiian Home Lands, P.O. Box 1879, Honolulu, HI 
96805, Phone: 808-620-9500, Website: http://dhhl.hawaii.gov/.
    (ii) The Department of Hawaiian Home Lands will determine the 
eligibility and will notify the Contracting Officer.
* * * * *
[FR Doc. 2019-06247 Filed 3-29-19; 8:45 am]
 BILLING CODE 5001-06-P