Rule2023-12018
Defense Federal Acquisition Regulation Supplement: Management of the Procurement Technical Assistance Agreement Program (DFARS Case 2020-D022)
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
June 9, 2023
Effective
June 9, 2023
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
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 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.
Full Text
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<title>Federal Register, Volume 88 Issue 111 (Friday, June 9, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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 <a href="https://www.sba.gov/document/support-table-size-standards">https://www.sba.gov/document/support-table-size-standards</a>. 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 <a href="https://www.apexaccelerators.us">https://www.apexaccelerators.us</a>.
* * * * *
[FR Doc. 2023-12018 Filed 6-8-23; 8:45 am]
BILLING CODE 5001-06-P
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