Rule2024-16283
Federal Acquisition Regulation: Limitation of Authority Regarding Extraordinary Contractual Actions
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 30, 2024
Effective
August 29, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
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.
Full Text
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<title>Federal Register, Volume 89 Issue 146 (Tuesday, July 30, 2024)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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
<a href="/cdn-cgi/l/email-protection#741915181d0707155a1e1b1a1107341307155a131b02"><span class="__cf_email__" data-cfemail="b2dfd3dedbc1c1d39cd8dddcd7c1f2d5c1d39cd5ddc4">[email protected]</span></a>. For information pertaining to status or
publication schedules contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#d691859784b3b185b3b596b1a5b7f8b1b9a0"><span class="__cf_email__" data-cfemail="3e796d7f6c5b596d5b5d7e594d5f10595148">[email protected]</span></a>. 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]
BILLING CODE 6820-EP-P
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