Rule2023-15152
Defense Federal Acquisition Regulation Supplement: Repeal of Major Automated Information Systems Provisions (DFARS Case 2017-D028)
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
July 20, 2023
Effective
July 20, 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Supplement (DFARS) to implement a section of the National Defense Authorization Act for Fiscal Year 2017 that repealed major automated information systems provisions.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 138 (Thursday, July 20, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 138 (Thursday, July 20, 2023)]
[Rules and Regulations]
[Pages 46903-46904]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-15152]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202 and 234
[Docket DARS-2023-0025]
RIN 0750-AL89
Defense Federal Acquisition Regulation Supplement: Repeal of
Major Automated Information Systems Provisions (DFARS Case 2017-D028)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
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National Defense Authorization Act for Fiscal Year 2017 that repealed
major automated information systems provisions.
DATES: Effective July 20, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Jeanette Snyder, 703-508-7524.
SUPPLEMENTARY INFORMATION:
I. Background
Section 846 of the National Defense Authorization Act for Fiscal
Year 2017 (Pub. L. 114-328) repealed 10 U.S.C. chapter 144A and amended
10 U.S.C. 2334(a)(2) (now 10 U.S.C. 3221(b)(2)) by striking ``or a
major automated information system under chapter 144A''. This final
rule amends the definition of ``milestone decision authority'' in
section 202.101, Definitions, by removing the term major automated
information system and removes major automated information system
programs from section 234.7100, Policy, and the clause prescription at
234.7101, Solicitation Provision and Contract Clause.
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
[[Page 46904]]
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 removes references to major automated
information system programs from DFARS policy and procedures for DoD
contracting officers; therefore, there is no impact on contractors or
offerors. These requirements affect only the internal operating
procedures of the Government.
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. It does not impact any existing solicitation
provisions or contract clauses.
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.
VII. Paperwork Reduction Act
This 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. chapter 35).
List of Subjects in 48 CFR Parts 202 and 234
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202 and 234 are amended as follows:
0
1. The authority citation for parts 202 and 234 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
0
2. Amend section 202.101 in the definition of ``Milestone decision
authority'' by removing ``, major automated information system,''.
PART 234--MAJOR SYSTEM ACQUISITION
234.7100 [Amended]
0
3. Amend section 234.7100 in paragraph (a) by removing ``, and major
automated information system programs (as defined in 10 U.S.C.
2445a)''.
234.7101 [Amended]
0
4. Amend section 234.7101 in paragraph (b) introductory text and
paragraphs (b)(1) and (2) by removing ``or major automated information
system programs''.
[FR Doc. 2023-15152 Filed 7-19-23; 8:45 am]
BILLING CODE5001-06-P
</pre></body>
</html>Indexed from Federal Register on July 20, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.