[Federal Register Volume 85, Number 109 (Friday, June 5, 2020)]
[Rules and Regulations]
[Pages 34532-34533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11749]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 215

[Docket DARS-2020-0015]
RIN 0750-AK91


Defense Federal Acquisition Regulation Supplement: Repeal of 
Annual Reporting Requirements to Congressional Defense Committees 
(DFARS Case 2020-D004)

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.

DATES: Effective June 5, 2020.

FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone 
571-372-6095.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is amending the DFARS to implement section 1051 of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2018 (Pub. L. 
115-91). Section 1051 repealed numerous DoD reporting requirements to 
Congress, to include the annual reporting requirements for commercial 
items and exceptional case exceptions and waivers under section 817 of 
the NDAA for FY 2003 (Pub. L. 107-314). The section 817 reporting 
requirements and guidance regarding exceptions and waivers to cost or 
pricing data requirements were implemented at DFARS 215.403-3(c). 
Pursuant to section 1051, this rule removes the reporting requirements 
and guidance.

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 create or revise any solicitation provisions or 
contract clauses. This rule removes rescinded reporting requirements 
for exceptions and waivers of cost or pricing data to congressional 
defense committees.

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 the rule 
merely removes two statutory reporting requirements that have been 
rescinded.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.) 12866 and E.O. 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 E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

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 
requirement 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 215

    Government procurement.

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

    Therefore, 48 CFR part 215 is amended as follows:

PART 215--CONTRACTING BY NEGOTIATION

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1. The authority for 48 CFR part 215 continues to read as follows:

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

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2. Amend section 215.403-1 by--

[[Page 34533]]

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a. In paragraph (c)(3)(A) removing ``PGI 215.403-1(c)(3)(A)'' and 
adding ``PGI 215.403-1(c)(3)'' in its place;
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b. Removing paragraph (c)(3)(B);
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c. Redesignating paragraph (c)(3)(C) as paragraph (c)(3)(B); and
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d. Revising paragraph (c)(4)(B).
    The revision reads as follows:


215.403-1  Prohibition on obtaining certified cost or pricing data (10 
U.S.C. 2306a and 41 U.S.C. chapter 35).

* * * * *
    (c) * * *
    (4) * * *
    (B) By November 30th of each year, departments and agencies shall 
provide a report to the Director, Defense Pricing and Contracting, 
Pricing and Contracting Initiatives (DPC/PCI), of all waivers granted 
under FAR 15.403-1(b)(4), during the previous fiscal year, for any 
contract, subcontract, or modification expected to have a value of 
$19.5 million or more. See PGI 215.403-1(c)(4)(B) for the format and 
guidance for the report.
* * * * *
[FR Doc. 2020-11749 Filed 6-4-20; 8:45 am]
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