[Federal Register Volume 89, Number 105 (Thursday, May 30, 2024)]
[Proposed Rules]
[Pages 46836-46838]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11518]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 252

[Docket DARS-2024-0018]
RIN 0750-AM03


Defense Federal Acquisition Regulation Supplement: Procurement 
Technical Assistance Program (DFARS Case 2024-D006)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to implement a section of the National 
Defense Authorization Act for Fiscal Year 2024 that modifies certain 
definitions associated with the Procurement Technical Assistance 
Program.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before July 29, 2024, to be considered in 
the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2024-D006, using 
either of the following methods:
    [cir] Federal eRulemaking Portal: https://www.regulations.gov. 
Search for DFARS Case 2024-D006. Select ``Comment'' and follow the 
instructions to submit a comment. Please include ``DFARS Case 2024-
D006'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2024-D006 in 
the subject line of the message.
    Comments received generally will be posted without change to 
https://www.regulations.gov, including any personal information 
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission 
to verify posting.

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

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to revise the DFARS to implement section 853 of 
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 
(Pub. L. 118-31; 10 U.S.C. 4951). Section 853 amends the definitions of 
nonprofit organization and business entities at 10 U.S.C. 4951 for the 
Procurement Technical Assistance Program. DoD implements the 
requirements at 10 U.S.C. 4951 through its APEX Accelerators (formerly 
known as Procurement Technical Assistance Centers), which are managed 
by the DoD Office of Small Business Programs.

II. Discussion and Analysis

    DoD is proposing to modify the contract clause at DFARS 252.205-
7000, Provision of Information to Cooperative Agreement Holders, to 
implement section 853 of the NDAA for FY 2024. The clause requires 
contractors to provide cooperative agreement holders, upon request, 
with a list of the contractor's employees or offices responsible for 
entering into subcontracts under defense contracts. This proposed rule 
amends the definition of cooperative agreement holder in the clause by 
removing ``private'' from ``a private, nonprofit organization'' and 
adding a reference to 10 U.S.C. 4951 to update the definition of 
business entities. Minor edits are made to align the clause with DFARS 
drafting conventions.

[[Page 46837]]

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

    This proposed rule amends the clause at DFARS 252.205-7000, 
Provision of Information to Cooperative Agreement Holders. However, 
this proposed rule does not impose any new requirements on contracts at 
or below the SAT, for commercial products including COTS items, or for 
commercial services. The clause will continue to not apply to 
acquisitions at or below the SAT, and will continue to apply to 
acquisitions of commercial products excluding COTS items, and to 
acquisitions of commercial services.

IV. Expected Impact of the Rule

    This proposed rule, when finalized, is expected to impact DoD 
contractors whose contracts include the clause at DFARS 252.205-7000. 
The clause requires contractors to provide cooperative agreement 
holders under the Procurement Technical Assistance Program, upon 
request, with a list of the contractor's employees or offices 
responsible for entering into subcontracts under defense contracts. As 
a result of the proposed changes, these contractors may be required to 
provide the list to different entities that are cooperative agreement 
holders under the Procurement Technical Assistance Program.
    The changes in section 853 allow any type of nonprofit organization 
to be a cooperative agreement holder under the Procurement Technical 
Assistance Program. In addition, business entities, including 
corporations, associations, partnerships, limited liability companies, 
limited liability partnerships, consortia, not-for-profit, or other 
legal entities will also be able to be a cooperative agreement holder. 
These changes are reflected in the proposed revisions to the clause at 
DFARS 252.205-7000. As a result of the section 853 changes to the 
Procurement Technical Assistance Program, there may be an increase in 
the number of entities able to become cooperative agreement holders 
under the Procurement Technical Assistance Program.

V. 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, as amended.

VI. Regulatory Flexibility Act

    DoD does not expect this proposed rule, when finalized, to have a 
significant economic impact on a substantial number of small entities 
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et 
seq., because this rule merely updates definitions for the cooperative 
agreement holders under the Procurement Technical Assistance Program. 
However, an initial regulatory flexibility analysis has been performed 
and is summarized as follows:
    This proposed rule is necessary to implement section 853 of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2024 
(Pub. L. 118-31; 10 U.S.C. 4951). Section 853 modifies the definitions 
of nonprofit organization and business entities at 10 U.S.C. 4951 for 
the Procurement Technical Assistance Program. This proposed rule 
implements the revised definitions in the contract clause at DFARS 
252.205-7000, Provision of Information to Cooperative Agreement 
Holders. The clause requires contractors to provide cooperative 
agreement holders under the Procurement Technical Assistance Program, 
upon request, with a list of the contractor's employees or offices 
responsible for entering into subcontracts under defense contracts.
    The objective of this proposed rule is to implement section 853 of 
the NDAA for FY 2024, which is the legal basis for the rule.
    According to data from the Procurement Business Intelligence 
Service, in the last three fiscal years, DoD awarded contracts that 
included the clause at 252.205-7000 to unique small entities as 
follows: 5,652 in fiscal year 2021, 5,127 in fiscal year 2022, and 
5,663 in fiscal year 2023. This averages out to approximately 5,480 per 
fiscal year. Therefore, DoD estimates that the number of small entities 
to which this rule will apply is approximately 5,480.
    This proposed rule does not impose any new reporting, 
recordkeeping, or other compliance requirements for small entities.
    This proposed rule does not duplicate, overlap, or conflict with 
any other Federal rules.
    DoD did not identify any significant alternatives to the proposed 
rule that would accomplish the stated objectives of the statute. Any 
impact on small entities is expected to be beneficial.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this proposed rule on 
small entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by this proposed rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2024-
D006), in correspondence.

VII. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this 
proposed 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, entitled Defense FAR 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 252 is proposed to be 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. Revise and republish section 252.205-7000 to read as follows:


252.205-7000  Provision of Information to Cooperative Agreement 
Holders.

    As prescribed in 205.470, use the following clause:

Provision of Information to Cooperative Agreement Holders (Date)

    (a) Definition. As used in this clause--
    Cooperative agreement holder means a State or local government; 
a nonprofit organization; a tribal organization (as defined in 
section 4(c) of the Indian Self-Determination and Education 
Assistance Act

[[Page 46838]]

(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 (as defined in 
10 U.S.C. 4951).
    (b) The Contractor shall provide cooperative agreement holders, 
upon their request, with a list of those appropriate employees or 
offices responsible for entering into subcontracts under defense 
contracts. The list shall include the business address, telephone 
number, and area of responsibility of each employee or office.
    (c) The Contractor need not provide the listing to a particular 
cooperative agreement holder more frequently than once a year.


(End of clause)

[FR Doc. 2024-11518 Filed 5-29-24; 8:45 am]
BILLING CODE 6001-FR-P