[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Rules and Regulations]
[Pages 19837-19838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06625]





48 CFR Parts 4, 8, 17, and 35

[FAC 2019-02; FAR Case 2018-015; Item II; Docket No. 2018-0015; 
Sequence No. 1]
RIN 9000-AN74

Federal Acquisition Regulation: Governmentwide and Other 
Interagency Contracts

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: DoD, GSA and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the John 

[[Page 19838]]

McCain National Defense Authorization Act (NDAA) for Fiscal Year (FY) 
2019 that removes the requirement to make a best procurement approach 
determination to use an interagency acquisition.

DATES: Effective Date: June 5, 2019.

FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement 
Analyst, at 202-969-7207 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2019-02, FAR Case 


I. Background

    Section 875 of the John S. McCain NDAA for FY 2019 (Pub. L. 115-
232) amended section 865 of the Duncan Hunter NDAA for FY 2009 (Pub. L. 
110-417) to remove the requirement for agencies to make a determination 
that the use of an interagency acquisition represents the best 
procurement approach. The determination is required prior to requesting 
another agency conduct an acquisition on its behalf, and before placing 
an order against another agency's indefinite-delivery contract vehicle. 
This requirement was implemented in FAR 17.502-1(a). The removal of the 
determination requirement as stated in section 865 will be implemented 
by the removal of the requirement at FAR 17.502-1(a) and references to 
the requirement in FAR parts 4, 8, and 35.

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 solicitation provisions or contract 
clauses, or impact any existing solicitation provisions or contract 
clauses. It does not add any new burdens.

III. Publication of This Final Rule for Public Comment is Not Required 
by Statute

    The statute that applies to the publication of the 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 only removes a requirement for agencies to make a specific 
determination prior to utilizing a certain contracting method. The 
removal of this requirement only affects the internal operating 
procedures 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 rule 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, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not 
apply to this rule, 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).
    Accordingly, no regulatory flexibility analysis is required and 
none has been prepared.

VII. Paperwork Reduction Act

    This 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 Parts 4, 8, 17, and 35

    Government procurement.

    Dated: March 19, 2019.
William F. Clark,
Director, Office of Government-Wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 17, and 35 
as set forth below:

1. The authority citation for parts 4, 8, 17, and 35 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.


4.603   [Amended]

2. Amend section 4.603 by removing from paragraph (c) ``(see 17.502-
1(b)(1))'' and adding ``(see 17.502-1(a)(1))'' in its place.


8.404  [Amended]

3. Amend section 8.404 by removing the last sentence of paragraph 


17.502-1  [Amended]

4. Amend section 17.502-1 by removing paragraph (a) and redesignating 
paragraphs (b) and (c) as paragraphs (a) and (b) respectively.


5. Amend section 35.017-3 by revising paragraphs (b)(1) and (2) to read 
as follows:

35.017-3  Using an FFRDC.

* * * * *
    (b) * * *
    (1) The nonsponsoring agency shall provide the documentation 
required by 17.503(e) to the sponsoring agency.
    (2) When a D&F is required pursuant to 17.502-2(c), the 
nonsponsoring agency shall prepare the D&F and provide the 
documentation required by 17.503(e) to the sponsoring agency.
* * * * *
[FR Doc. 2019-06625 Filed 5-3-19; 8:45 am]