[Federal Register Volume 88, Number 111 (Friday, June 9, 2023)]
[Rules and Regulations]
[Pages 37798-37799]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-12018]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2023-0023]
RIN 0750-AL08


Defense Federal Acquisition Regulation Supplement: Management of 
the Procurement Technical Assistance Agreement Program (DFARS Case 
2020-D022)

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 2020 that transfers 
responsibilities for carrying out the procurement technical assistance 
cooperative agreement program from the Director of the Defense 
Logistics Agency to the Under Secretary of Defense for Acquisition and 
Sustainment.

DATES: Effective June 9, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 703-508-7524.

SUPPLEMENTARY INFORMATION: 

I. Background

    Section 852 of the National Defense Authorization Act (NDAA) for 
Fiscal Year (FY) 2020 (Pub. L. 116-92) modifies 10 U.S.C. 2411(3) 
(redesignated 10 U.S.C. 4951) to transfer authority of the procurement 
technical assistance cooperative agreement (PTAC) program from the 
Director of the Defense Logistics Agency to the Under Secretary of 
Defense for Acquisition and Sustainment. This final rule revises a 
solicitation provision and a contract clause to reflect this statutory 
change, change the name of the of the entities providing assistance 
from PTACs to APEX Accelerators, update statutory references, and 
update the applicable website.

II. 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 41 U.S.C. 1707, Publication of Proposed 
Regulations. Subsection (a)(1) of the statute 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 this rule merely reflects the transfer of responsibility for 
the PTAC program from the Director of the Defense Logistics Agency to 
the Under Secretary of Defense for Acquisition and Sustainment, changes 
the name of the of the entities providing assistance from PTACs to APEX 
Accelerators, and updates the applicable website. This final rule does 
not have a significant effect beyond the internal operating procedures 
of the Government and does not have a significant cost or 
administrative impact on contractors or offerors.

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

    This rule does not create any new solicitation provisions or 
contract clauses. This rule merely updates information provided in the 
contract clause at DFARS 252.205-7000, Provision of Information to 
Cooperative Agreement Holders, and the solicitation provision at DFARS 
252.219-7000, Advancing Small Business Growth. The rule does not impact 
the applicability of this clause or provision.

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 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.

V. Congressional Review Act

    As required by the Congressional Review Act (5 U.S.C. 801-808) 
before an interim or final rule takes effect, DoD will submit a copy of 
the interim or final rule with the form, Submission of Federal Rules 
under the Congressional Review Act, to the U.S. Senate, the U.S. House 
of Representatives, and the Comptroller General of the United States. A 
major rule under the Congressional Review Act cannot take effect until 
60 days after it is published in the Federal Register. The Office of 
Information and Regulatory Affairs has determined that this rule is not 
a major rule as defined by 5 U.S.C. 804.

VI. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require 
publication for public comment.

[[Page 37799]]

VII. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this 
rule. However, these changes to the DFARS do not impose additional 
information collection requirements to the paperwork burden previously 
approved by the Office of Management and Budget (OMB) under OMB Control 
Number 0704-0286, Defense Federal Acquisition Regulation Supplement 
(DFARS), Part 205, Publicizing Contract Actions, and DFARS 252-205-
7000, Provision of Information to Cooperative Agreement Holders.

List of Subjects in 48 CFR Part 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, 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 48 CFR part 252 continues to read as 
follows:

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


0
2. Amend section 252.205-7000 by revising the clause heading and clause 
date and paragraph (a) to read as follows:


252.205-7000  Provision of Information to Cooperative Agreement 
Holders.

* * * * *

Provision of Information to Cooperative Agreement Holders (Jun 
2023)

    (a) Definition. Cooperative agreement holder means a State or 
local government; a private, nonprofit organization; a tribal 
organization (as defined in section 4(c) of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304(l)); or 
an economic enterprise (as defined in section 3(e) of the Indian 
Financing Act of 1974 (25 U.S.C. 1452(e))) whether such economic 
enterprise is organized for profit or nonprofit purposes; which has 
an agreement with the Under Secretary of Defense for Acquisition and 
Sustainment to furnish procurement technical assistance to business 
entities.
* * * * *

0
3. Amend section 252.219-7000 by revising the clause date and 
paragraphs (b) and (c) to read as follows:


252.219-7000  Advancing Small Business Growth.

* * * * *

Advancing Small Business Growth (Jun 2023)

* * * * *
    (b) The Offeror acknowledges by submission of its offer that by 
acceptance of the contract resulting from this solicitation, the 
Offeror may exceed the applicable small business size standard of 
the North American Industry Classification System (NAICS) code 
assigned to the contract and would no longer qualify as a small 
business concern for that NAICS code. Small business size standards 
matched to industry NAICS codes are published by the Small Business 
Administration and are available at 13 CFR 121.201 and https://www.sba.gov/document/support-table-size-standards. The Offeror is 
therefore encouraged to develop the capabilities and characteristics 
typically desired in contractors that are competitive as other-than-
small contractors in this industry.
    (c) For procurement technical assistance, the Offeror may 
contact the nearest APEX Accelerator. APEX Accelerator locations are 
available at https://www.apexaccelerators.us.
* * * * *

[FR Doc. 2023-12018 Filed 6-8-23; 8:45 am]
BILLING CODE 5001-06-P