[Federal Register Volume 85, Number 169 (Monday, August 31, 2020)]
[Rules and Regulations]
[Pages 53680-53681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18634]



Defense Acquisition Regulations System

48 CFR Part 202

[Docket DARS-2019-0068]
RIN 0750-AK17

Defense Federal Acquisition Regulation Supplement: Definition of 
``Micro-Purchase Threshold'' (DFARS Case 2018-D056)

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 to implement a section of the 
National Defense Authorization Act for Fiscal

[[Page 53681]]

Year 2019 that increases the micro-purchase threshold for DoD from 
$5,000 to $10,000 and repeals a section in the United States Code.

DATES: Effective August 31, 2020.

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


I. Background

    DoD is amending the DFARS to remove the definition of ``micro-
purchase threshold'' at DFARS 202.101. Section 821 of the National 
Defense Authorization Act for Fiscal Year 2019 amends 10 U.S.C. 2338 by 
increasing the micro-purchase threshold for DoD from $5,000 to $10,000 
and repealing 10 U.S.C. 2339. An exception to the $5,000 micro-purchase 
threshold is provided at 10 U.S.C. 2339 for basic research and 
activities of DoD science and technology reinvention laboratories with 
a micro-purchase threshold of $10,000 for those activities. The DFARS 
definition at 202.101, which includes a micro-purchase threshold of 
$5,000 for DoD with the exception of $10,000 for basic research and 
activities of DoD science and technology reinvention laboratories, is 
now obsolete. The Federal Acquisition Regulation (FAR) definition of 
micro-purchase threshold now applies to DoD, so the outdated DFARS 
coverage is being removed.

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 removes the obsolete DFARS ``micro-purchase 
threshold'' definition at 202.101. Therefore, the rule does not impose 
any new requirements on contracts at or below the simplified 
acquisition threshold and for commercial items, including commercially 
available off-the-shelf items.

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 DoD is not issuing a new regulation; rather, this rule merely 
removes an obsolete definition from the DFARS.

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 (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).

V. Executive Order 13771

    This rule is not an E.O. 13771 regulatory action, because this rule 
is not significant 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 
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 202

    Government procurement.

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

    Therefore, 48 CFR part 202 is amended as follows:


1. The authority citation for 48 CFR part 202 continues to read as 

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

202.101  [Amended]

2. Amend section 202.101 by removing the definition of ``Micro-purchase 

[FR Doc. 2020-18634 Filed 8-28-20; 8:45 am]