Rule2022-05533
Defense Federal Acquisition Regulation Supplement: Evaluation Factor for Employing or Subcontracting With Members of the Selected Reserve (DFARS Case 2021-D013)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 18, 2022
Effective
March 18, 2022
Issuing agencies
Defense Department
Abstract
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 2021.
Full Text
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<title>Federal Register, Volume 87 Issue 53 (Friday, March 18, 2022)</title>
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[Federal Register Volume 87, Number 53 (Friday, March 18, 2022)]
[Rules and Regulations]
[Pages 15813-15814]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05533]
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DEPARTMENT OF DEFENSE
48 CFR Parts 215 and 252
[Docket DARS-2022-0005]
RIN 0750-AL31
Defense Federal Acquisition Regulation Supplement: Evaluation
Factor for Employing or Subcontracting With Members of the Selected
Reserve (DFARS Case 2021-D013)
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 2021.
DATES: Effective March 18, 2022.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, Telephone
571-372-6095.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is amending the DFARS to implement section 821 of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2021 (Pub. L.
116-283) that removes the burden of proof at 10 U.S.C. 2305 note when
using an evaluation factor for employing or subcontracting with members
of the Selected Reserve. Accordingly, this rule removes DFARS
solicitation provision 252.215-7005, Evaluation Factor for Employing or
Subcontracting with Members of the Selected Reserve, and makes
conforming changes to the associated provision and clause prescriptions
at DFARS 215.370-3.
DFARS provision 252.215-7005 is included in solicitations that
contain an evaluation factor that considers whether an offeror intends
to perform the contract using employees or individual subcontractors
who are members of the Selected Reserve. If an offeror intends to use
such employees or subcontractors, the provision requires the offeror to
submit certain documentation as proof
[[Page 15814]]
of its intent with its response to the solicitation.
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 DoD is not issuing a new regulation; rather, this rule is
merely removing an unneeded solicitation provision from the DFARS. The
rule primarily impacts internal operating procedures and has no
significant cost or administrative impact on contractors or offerors.
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 rule removes DFARS provision 252.215-7005, Evaluation Factor
for Employing or Subcontracting with Members of the Selected Reserve,
and the associated prescription at DFARS 215.370-3. The rule does not
impose any new requirements on contracts at or below the simplified
acquisition threshold, for commercial products including commercially
available off-the-shelf items, or for commercial services.
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 to 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.
VII. Paperwork Reduction Act
This rule removes the information collection requirements
associated with the provision at DFARS 252.215-7005, Evaluation Factor
for Employing or Subcontracting with Members of the Selected Reserve,
currently approved under Office of Management and Budget (OMB) Control
Number 0704-0446, entitled ``Defense Federal Acquisition Regulation
Supplement (DFARS) Evaluation Factor for Use of Members of the Armed
Forces Selected Reserve''. Accordingly, DoD submitted, and OMB
approved, the following reduction of the annual reporting burden and
OMB inventory of hours under OMB Control Number 0704-0446 as follows:
Respondents: 13.
Responses per respondent: 1.
Total annual responses: 13.
Hours per response: 20.
Total response burden hours: 260.
List of Subjects in 48 CFR Parts 215 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 215 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 215 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
0
2. Revise section 215.370-1 to read as follows:
215.370-1 Definition.
As used in this section--
Selected Reserve has the meaning given that term in 10 U.S.C.
10143. Selected Reserve members normally attend regular drills
throughout the year and are the group of Reserves most readily
available to the President.
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3. Revise section 215.370-3 to read as follows:
215.370-3 Contract clause.
Use the clause at 252.215-7006, Use of Employees or Individual
Subcontractors Who Are Members of the Selected Reserve, in
solicitations and resulting contracts that include an evaluation factor
considering whether an offeror intends to perform the contract using
employees or individual subcontractors who are members of the Selected
Reserve.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.215-7005 [Removed and Reserved]
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4. Remove and reserve section 252.215-7005.
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5. Amend section 252.215-7006 by--
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a. In the introductory text, removing ``215.370-3(b)'' and adding
``215.370-3'' in its place; and
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b. Revising the clause date and paragraph (a).
The revisions read as follows:
252.215-7006 Use of Employees or Individual Subcontractors Who Are
Members of the Selected Reserve.
* * * * *
Use of Employees or Individual Subcontractors Who Are Members of the
Selected Reserve (Mar 2022)
(a) Definition. As used in this clause--
Selected Reserve has the meaning given that term in 10 U.S.C.
10143. Selected Reserve members normally attend regular drills
throughout the year and are the group of Reserves most readily
available to the President.
* * * * *
[FR Doc. 2022-05533 Filed 3-17-22; 8:45 am]
BILLING CODE 5001-06-P
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