Rule2024-26059
Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)
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
November 15, 2024
Effective
November 15, 2024
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide updates to the existing definition of "departments and agencies."
Full Text
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<title>Federal Register, Volume 89 Issue 221 (Friday, November 15, 2024)</title>
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[Federal Register Volume 89, Number 221 (Friday, November 15, 2024)]
[Rules and Regulations]
[Pages 90232-90233]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-26059]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202
[Docket DARS-2024-0033]
RIN 0750-AM23
Defense Federal Acquisition Regulation Supplement: Updates to the
Definition of Departments and Agencies (DFARS Case 2024-D026)
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 provide updates to the
existing definition of ``departments and agencies.''
DATES: Effective November 15, 2024.
FOR FURTHER INFORMATION CONTACT: Tonya De Saussure, telephone (202)
805-1388.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule revises the DFARS definition of ``departments and
agencies'' at DFARS 202.101, Definitions, to add recently established
defense agencies. This update is part of a periodic policy review to
ensure the accuracy of the regulation. The last update to this
definition occurred on January 30, 2013 (77 FR 76938), under DFARS case
2012-D045.
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 it does not have a significant effect beyond the internal
operating procedures of DoD. The final rule provides for recent
additions to the defense agencies identified in the definition of
``departments and agencies.''
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 final rule does not create any new solicitation provisions or
contract clauses. It does not impact any existing solicitation
provisions or contract clauses or their applicability to contracts
valued at or below the simplified acquisition threshold, for commercial
products including COTS 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, as amended.
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 90233]]
VII. Paperwork Reduction Act
This final 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 Part 202
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
part 202 as follows:
0
1. The authority citation for 48 CFR part 202 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
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2. Amend section 202.101 by revising the definition of ``Departments
and agencies'' to read as follows:
202.101 Definitions.
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Departments and agencies, as used in DFARS, means the military
departments and the defense agencies. The military departments are the
Departments of the Army, Navy, and Air Force (the Marine Corps is a
part of the Department of the Navy, and the Space Force is a part of
the Air Force). The defense agencies are the Chief Digital and
Artificial Intelligence Office, the Defense Advanced Research Projects
Agency, the Defense Commissary Agency, the Defense Contract Management
Agency, the Defense Counterintelligence and Security Agency, the
Defense Finance and Accounting Service, the Defense Health Agency, the
Defense Information Systems Agency, the Defense Intelligence Agency,
the Defense Logistics Agency, the Defense Threat Reduction Agency, the
Missile Defense Agency, the National Geospatial-Intelligence Agency,
the National Security Agency, the Strategic Capabilities Office, the
United States Cyber Command, the United States Special Operations
Command, the United States Transportation Command, and the Washington
Headquarters Service.
* * * * *
[FR Doc. 2024-26059 Filed 11-14-24; 8:45 am]
BILLING CODE 6001-FR-P
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</html>Indexed from Federal Register on November 15, 2024.
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