[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Rules and Regulations]
[Pages 61337-61338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16283]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 50

[FAC 2024-06; FAR Case 2023-007, Item III; Docket No. FAR-2023-0007, 
Sequence No. 1]
RIN 9000-AO55


Federal Acquisition Regulation: Limitation of Authority Regarding 
Extraordinary Contractual Actions

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the 
James M. Inhofe National Defense Authorization Act for Fiscal Year 
2023, to increase the approval threshold for Congressional committee 
notification.

DATES: Effective August 29, 2024.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Malissa Jones, Procurement Analyst, at 571-882-4687 or by email at 
[email protected]. For information pertaining to status or 
publication schedules contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FAC 2024-06, FAR Case 
2023-007.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are amending the FAR to implement section 
822(a)(3) of the James M. Inhofe National Defense Authorization Act 
(NDAA) for Fiscal Year (FY) 2023, which increased the Congressional 
committee notification threshold under Public Law 85-804 (41 U.S.C. 
1431) to $150 million.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the FAR is 41 U.S.C. 
1707. Subsection (a)(1) of 41 U.S.C. 1707 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 does not have a significant effect or impose any new 
requirements on contractors or offerors. The rule simply amends FAR 
50.102-3(b)(4) to increase the Congressional committee notification 
threshold to $150 million. This change will reflect the new threshold 
in 50 U.S.C. 1431.

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

    This rule amends FAR 50.102-3(b)(4) to increase the Congressional 
committee notification threshold to $150 million reflecting the new 
threshold in 50 U.S.C. 1431. This rule does not impose any new 
requirements on contracts at or below the SAT, or to acquisitions for 
commercial products and commercial services, including COTS items.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563 
direct agencies to assess 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

    Pursuant to the Congressional Review Act, DoD, GSA, and NASA will 
send this rule to each House of the Congress and to the Comptroller 
General of the United States. The Office of Information and Regulatory 
Affairs (OIRA) in the Office of Management and Budget has determined 
that this rule does not meet the standards under 5 U.S.C 804(2).

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 II. of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) 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. 3501-3521).

List of Subjects in 48 CFR Part 50

    Government procurement.

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 part 50 as set forth 
below:

[[Page 61338]]

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT

0
1. The authority citation for 48 CFR part 50 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. 
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 
20113.


50.102-3  [Amended]

0
2. Amend section 50.102-3 in paragraph (b)(4) by removing ``$35 
million'' and adding ``$150 million'' in its place.

[FR Doc. 2024-16283 Filed 7-29-24; 8:45 am]
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