Proposed Rule2024-31570
Defense Federal Acquisition Regulation Supplement: Inflation Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002)
Primary source
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Published
January 17, 2025
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to further implement the statute that requires an adjustment every 5 years of statutory acquisition-related thresholds for inflation. The adjustment uses the Consumer Price Index for all urban consumers and does not apply to the Construction Wage Rate Requirements statute (Davis-Bacon Act), Service Contract Labor Standards statute, performance and payment bonds, and trade agreements thresholds. DoD is also proposing to use the same methodology to adjust some nonstatutory DFARS acquisition-related thresholds in 2025.
Full Text
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<title>Federal Register, Volume 90 Issue 11 (Friday, January 17, 2025)</title>
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[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Pages 5799-5803]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31570]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 205, 206, 209, 211, 212, 215, 216, 217, 219, 225,
236, 237, 246, 250, and 252
[Docket DARS-2024-0039]
RIN 0750-AL99
Defense Federal Acquisition Regulation Supplement: Inflation
Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to further implement the statute that
requires an adjustment every 5 years of statutory acquisition-related
thresholds for inflation. The adjustment uses the Consumer Price Index
for all urban consumers and does not apply to the Construction Wage
Rate Requirements statute (Davis-Bacon Act), Service Contract Labor
Standards statute, performance and payment bonds, and trade agreements
thresholds. DoD is also proposing to use the same methodology to adjust
some nonstatutory DFARS acquisition-related thresholds in 2025.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before March 18, 2025, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS Case 2024-D002, using
either of the following methods:
[cir] Federal eRulemaking Portal: <a href="https://regulations.gov">https://regulations.gov</a>. Search
for DFARS Case 2024-D002. Select ``Comment'' and follow the
instructions to submit a comment. Please include ``DFARS Case 2024-
D002'' on any attached documents.
[cir] Email: <a href="/cdn-cgi/l/email-protection#0e617d6a206a686f7c7d4e636f676220636762"><span class="__cf_email__" data-cfemail="37584453195351564544775a565e5b195a5e5b">[email protected]</span></a>. Include DFARS Case 2024-D002 in
the subject line of the message.
Comments received generally will be posted without change to
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information
provided. To confirm receipt of your comment(s), please check <a href="https://www.regulations.gov">https://www.regulations.gov</a>, approximately two to three days after submission
to verify posting.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly R. Ziegler, telephone
703-901-3176.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to amend multiple DFARS parts to further implement
41 U.S.C. 1908. Section 1908 requires an adjustment every five years
(on October 1 of each year evenly divisible by five) of statutory
acquisition-related thresholds for inflation, using the Consumer Price
Index (CPI) for all urban consumers, except for the Construction Wage
Rate Requirements statute (Davis-Bacon Act), Service Contract Labor
Standards statute, performance and payment bonds, and trade agreements
thresholds (see FAR 1.109). As a matter of policy, DoD is also
proposing to use the same methodology to adjust nonstatutory DFARS
acquisition-related thresholds on October 1, 2025. Federal Acquisition
Regulation (FAR) Case 2024-001 proposes comparable changes to
acquisition-related thresholds in the FAR.
This is the fifth review of DFARS acquisition-related thresholds
since the statute was enacted on October 28, 2004 (section 807 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal Year
2005). The last review was conducted under DFARS Case 2019-D036 during
fiscal year (FY) 2020. The final rule under that case was published in
the Federal Register on September 29, 2020 (85 FR 61502), effective
October 1, 2020.
II. Discussion and Analysis
A. What is an acquisition-related threshold?
This case builds on the review of DFARS thresholds in FY 2005, FY
2010, FY 2015, and FY 2020, using the same interpretation of an
acquisition-related threshold. The statute at 41 U.S.C. 1908 is
applicable to ``a dollar threshold that is specified in law as a factor
in defining the scope of the applicability of a policy, procedure,
requirement, or restriction provided in that law to the procurement of
property or services by an executive agency, as the Federal Acquisition
Regulatory Council (the Council) determines.''
There are other thresholds in the DFARS that, while not specified
in law, nevertheless meet all the other criteria. These thresholds may
have their origin in Executive order or regulation. Therefore, the
Council has determined that in this case ``acquisition-related
threshold'' has a broader meaning, i.e., a threshold that is specified
in law, Executive order, or regulation as a factor in defining the
scope of the applicability of a policy, procedure, requirement, or
restriction provided in that law, Executive order, or regulation to the
procurement of property or services by an Executive agency.
Acquisition-related thresholds are generally tied to the value of a
contract, subcontract, or modification.
This proposed rule does not address thresholds that are not
acquisition-related. Examples of thresholds that are not ``acquisition-
related,'' as defined in this proposed rule, include thresholds
relating to claims, penalties, withholding, payments, required levels
of insurance, small business size standards, liquidated damages, and
protests.
B. What acquisition-related thresholds are not subject to escalation
adjustment under this case?
The statute at 41 U.S.C. 1908 does not permit escalation of
acquisition-related thresholds established by the Construction Wage
Rate Requirements statute (Davis Bacon Act), the Service Contract Labor
Standards statute, performance and payment bonds (formerly the Miller
Act), or the United States Trade Representative pursuant to the
authority of the Trade Agreements Act of 1979.
Also, the statute does not authorize the DFARS to escalate
thresholds originating in Executive order or the implementing agency
(such as the Department of Labor or the Small Business Administration),
unless the Executive order or agency regulations are amended first.
C. How does DoD analyze escalation of a statutory acquisition-related
threshold?
If an acquisition-related threshold is based on statute, the matrix
at <a href="https://www.regulations.gov">https://www.regulations.gov</a> identifies the statute and the statutory
threshold,
[[Page 5800]]
including the original threshold and any subsequent revisions.
With the exception of thresholds set by the Construction Wage Rate
Requirements statute (Davis-Bacon Act), Service Contract Labor
Standards statute, performance and payment bonds (formerly the Miller
Act), and the United States Trade Representative pursuant to the
authority of the Trade Agreements Act of 1979, 41 U.S.C. 1908 requires
adjustment of the acquisition-related thresholds for inflation using
the CPI for all urban consumers. Acquisition-related thresholds in
statutes that were in effect on October 1, 2000, are only subject to
escalation from that date forward. For purposes of this proposed rule,
the matrix includes calculation of escalation based on the estimated
CPI value for March 2025 (currently projected at 323.193) divided by
the CPI for the date of enactment of the statute or regulation (October
2000, for statutes enacted prior to October 1, 2000). DoD will
subsequently adjust as necessary before issuance of the final rule.
Once the escalation factor is applied to the acquisition-related
threshold, then the statutory threshold must be rounded as follows:
------------------------------------------------------------------------
<$10,000 Nearest $500.
------------------------------------------------------------------------
$10,000-<$100,000......................... Nearest $5,000.
$100,000-<$1 million...................... Nearest $50,000.
$1 million-<$10 million................... Nearest $500,000.
$10 million-<$100 million................. Nearest $5 million.
$100 million-<$1 billion.................. Nearest $50 million.
$1 billion or more........................ Nearest $500 million.
------------------------------------------------------------------------
The calculations in this proposed rule are based on the base year
amount, because escalated amounts in the 2020 rule were subject to
rounding. Therefore, using those amounts as the base would distort
future calculations.
In 2020, some thresholds, although subject to inflation
calculation, did not actually change, because the inflation in 2020 was
insufficient to overcome the rounding requirements--i.e., the
escalation factor, when applied, did not cause the escalated values to
be high enough to round to the next higher value. However, in FY 2025
many thresholds that did not escalate in 2020 have increased through
other statutory actions or will now escalate because of five additional
years of inflation. Likewise, some thresholds that were escalated in
2020 will not escalate in 2025.
This proposed rule is based on a projected CPI of 323.193 for March
2025. If the actual CPI for March 2025 is higher than 323.193, then
additional statutory thresholds may be subject to escalation in the
final rule, even though not included in the proposed rule.
D. How does DoD analyze a nonstatutory acquisition-related threshold?
No statutory authorization is required to escalate thresholds that
are policy-based within the DFARS. For consistency, escalation of the
DoD policy-based acquisition-related thresholds is generally
recommended using the same formula applied to the statutory thresholds,
unless a reason has been provided for not doing so.
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 proposed rule amends the provisions and clause at DFARS
252.204-7007, Alternate A, Annual Representations and Certifications;
252.215-7016, Notification to Offerors--Postaward Debriefings; 252.216-
7010, Postaward Debriefings for Task Orders and Delivery Orders; and
252.225-7003, Report of Intended Performance Outside the United States
and Canada--Submission with Offer. However, this proposed rule does not
impose any new requirements on contracts at or below the SAT, for
commercial products including COTS items, or for commercial services.
This proposed rule does not change the applicability of the provisions
and clause to acquisitions at or below the SAT, to acquisitions of
commercial products including or excluding COTS items, and to
acquisitions of commercial services.
IV. Expected Impact of the Rule
DoD does not expect the proposed rule, when finalized, to have a
significant impact on the public or the Government because the rule is
intended to maintain the status quo by adjusting acquisition-related
thresholds for inflation. The escalation of statutory acquisition-
related thresholds is mandated by 41 U.S.C. 1908, including how to
calculate the escalation. DoD expects this proposed rule to provide the
adjustments necessary to mitigate the impact of inflation on both the
public and the Government as intended under 41 U.S.C. 1908. The rule
does not change direction to contracting officers, nor does it change
the applicability of any requirements for offerors and contractors.
V. 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.
VI. Regulatory Flexibility Act
DoD does not expect this proposed rule, when finalized, to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et
seq., because the rule maintains the status quo by adjusting thresholds
for actual inflationary increases in the CPI. However, an initial
regulatory flexibility analysis has been performed and is summarized as
follows:
This proposed rule, when finalized, will amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement 41 U.S.C. 1908
and to amend other acquisition-related dollar thresholds that are based
on policy rather than statute in order to adjust for the changing value
of the dollar. The statute at 41 U.S.C. 1908 requires adjustment every
5 years of statutory acquisition-related dollar thresholds, except for
Construction Wage Rate Requirements statute (Davis-Bacon Act), Service
Contract Labor Standards statute, performance and payment bonds
(formerly the Miller Act), and trade agreements thresholds. While
reviewing all statutory acquisition-related thresholds, this DFARS case
presented an opportunity to also review all nonstatutory acquisition-
related thresholds in the DFARS that are based on policy.
The objective of the rule is to maintain the status quo by
adjusting acquisition-related thresholds for inflation. The legal basis
of the rule is 41 U.S.C. 1908. The statute does not authorize
escalation of thresholds originating in Executive orders or the
implementing agency (such as the Department of Labor or the Small
Business Administration), unless the Executive order or agency
regulations are amended first.
This proposed rule will have a minimal impact on small entities
that submit offers or are awarded contracts by DoD. However, most of
the threshold
[[Page 5801]]
changes proposed in this rule are not expected to have any significant
economic impact on small entities because the threshold changes are
intended to maintain the status quo by adjusting for changes in the
value of the dollar. Often any impact will be beneficial, by preventing
burdensome requirements from applying to more and more acquisitions, as
the dollar loses value.
According to the System for Award Management (SAM), as of December
2023, there were 361,685 entities registered as small businesses under
any North American Industry Classification System code. This proposed
rule assumes that any of the 361,685 small entities registered in SAM
may experience some benefit from a reduction in burden as a result of
the proposed changes.
The proposed rule does not impose any new reporting, recordkeeping,
or compliance requirements.
The proposed rule does not duplicate, overlap, or conflict with any
other Federal rules.
There are no practical alternatives that will accomplish the
objectives of the statute.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this proposed rule on
small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this proposed rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (DFARS Case 2024-
D002), in correspondence.
VII. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this
proposed 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 9000-0189, entitled Certain Federal Acquisition
Regulation Part 4 Requirements: FAR Sections Affected 52.204-3, 52.204-
6, 52.204-7, 52.204-12 thru 52.204-15, 52.204-20, 52.204-23, 52.212-
1(j), 52.212-3(b), and 52.212-3(l); and OMB Control Number 0704-0229,
entitled Defense Federal Acquisition Regulation Supplement Part 225,
Foreign Acquisition, and related clauses.
List of Subjects in 48 CFR Parts 203, 205, 206, 209, 211, 212, 215,
216, 217, 219, 225, 236, 237, 246, 250, and 252
Government Procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System proposes to
amend 48 CFR parts 203, 205, 206, 209, 211, 212, 215, 216, 217, 219,
225, 236, 237, 246, 250, and 252 as follows:
0
1. The authority citation for 48 CFR parts 203, 205, 206, 209, 211,
212, 215, 216, 217, 219, 225, 236, 237, 246, 250, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
203.1004 [Amended]
0
2. Amend section 203.1004 in paragraph (b)(2)(ii) by removing ``$6
million'' and adding ``$7.5 million'' in its place.
PART 205--PUBLICIZING CONTRACT ACTIONS
0
3. Amend section 205.303 by revising paragraphs (a)(i) introductory
text, (a)(i)(A), and (a)(i)(B) to read as follows:
205.303 Announcement of contract awards.
(a) * * *
(i) The threshold for DoD awards is $9.5 million. Report all
contractual actions, including modifications, that have a face value,
excluding unexercised options, of more than $9.5 million.
(A) For undefinitized contractual actions, report the not-to-exceed
(NTE) amount. Later, if the definitized amount exceeds the NTE amount
by more than $9.5 million, report only the amount exceeding the NTE.
(B) For indefinite delivery, time and material, labor hour, and
similar contracts, report the initial award if the estimated face
value, excluding unexercised options, is more than $9.5 million. Do not
report orders up to the estimated value, but after the estimated value
is reached, report subsequent modifications and orders that have a face
value of more than $9.5 million.
* * * * *
PART 206--COMPETITION REQUIREMENTS
206.303-1 [Amended]
0
4. Amend section 206.303-1 in paragraphs (a) and (b) introductory text,
by removing ``$100 million'' and adding ``$150 million'' in its place.
206.303-2 [Amended]
0
5. Amend section 206.303-2 in paragraph (b)(i) introductory text and
paragraph (d), by removing ``$100 million'' and adding ``$150 million''
in its place.
206.304 [Amended]
0
6. Amend section 206.304 in paragraph (a)(S-71) introductory text, by
removing ``$100 million'' and adding ``$150 million'' in its place.
PART 209--CONTRACTOR QUALIFICATIONS
209.409 [Amended]
0
7. Amend section 209.409 by removing ``$150,000'' and adding
``$200,000'' in its place.
PART 211--DESCRIBING AGENCY NEEDS
211.503 [Amended]
0
8. Amend section 211.503 in paragraph (b), by removing ``$750,000''
wherever it appears and adding ``$950,000 in its place.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
212.271 [Amended]
0
9. Amend section 212.271 by removing ``$45,000'' and adding ``$55,000''
in its place.
PART 215--CONTRACTING BY NEGOTIATION
215.403-1 [Amended]
0
10. Amend section 215.403-1 in paragraph (c)(4)(B), by removing ``$20
million'' and adding ``$25 million'' in its place.
0
11. Amend section 215.506 by revising paragraphs (b), (d)(i), and
(d)(ii) to read as follows:
215.506 Postaward debriefing of offerors.
(b) Notwithstanding FAR 15.506(b), when requested by a successful
or unsuccessful offeror, a written or oral debriefing is required for
contract awards valued at $15 million or more (section 818 of the
National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-
91)).
* * * * *
(d) * * *
(i) For award of a contract in excess of $15 million and not in
excess of $150 million with a small business or nontraditional defense
contractor, an option for the small business or nontraditional defense
contractor to
[[Page 5802]]
request disclosure of the agency's written source selection decision
document, redacted to protect the confidential and proprietary
information of other offerors for the contract award.
(ii) For award of a contract in excess of $150 million, disclosure
of the agency's written source selection decision document, redacted to
protect the confidential and proprietary information of other offerors
for the contract award.
* * * * *
215.570 [Amended]
0
12. Amend section 215.570 by removing ``$10 million'' and adding ``$15
million'' in its place.
PART 216--TYPES OF CONTRACTS
0
13. Amend section 216.505 by revising and republishing paragraph (b) to
read as follows:
216.505 Ordering.
* * * * *
(b) Orders under multiple-award contracts--(1) Fair opportunity.
(A) See 215.101-2-70 for the limitations and prohibitions on the
use of the lowest price technically acceptable source selection
process, which are applicable to orders placed against multiple award
indefinite delivery contracts.
(B) See 217.7801 for the prohibition on the use of reverse auctions
for personal protective equipment and aviation critical safety items.
(2) Exceptions to the fair opportunity process. For an order
exceeding the simplified acquisition threshold, that is a follow-on to
an order previously issued for the same supply or service based on a
justification for an exception to fair opportunity citing the authority
at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI
216.505(b)(2).
(6) Postaward notices and debriefing of awardees for orders
exceeding $7.5 million. In addition to the notice required at FAR
16.505(b)(6), a written or oral postaward debriefing of successful and
unsuccessful awardees is required for task orders and delivery orders
valued at $15 million or more (section 818 of the National Defense
Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)).
(ii) Follow the procedures at 215.506 and 215.506-70 when providing
the postaward debriefing to successful and unsuccessful awardees for
task orders or delivery orders valued at $15 million or more.
216.506-70 [Amended]
0
14. Amend section 216.506-70 in paragraph (b), by removing ``$10
million'' and adding ``$15 million'' in its place.
PART 217--SPECIAL CONTRACTING METHODS
217.170 [Amended]
0
15. Amend section 217.170 in paragraphs (d)(1)(iv) and (d)(5)
introductory text, by removing ``$150 million'' and adding ``$200
million'' in its place.
217.171 [Amended]
0
16. Amend section 217.171 in paragraph (d), by removing ``$750
million'' and adding ``$950 million'' in its place.
217.172 [Amended]
0
17. Amend section 217.172 in paragraphs (c), (d), (f)(1), and (f)(2),
by removing ``$750 million'' and adding ``$950 million'' in its place.
PART 219--SMALL BUSINESS PROGRAMS
219.502-2 [Amended]
0
18. Amend section 219.502-2--
0
a. In paragraph (1), by removing ``$3 million'' and adding ``$3.5
million in its place; and
0
b. In paragraph (2), by removing ``$1.5 million'' and adding ``$2
million'' in its place.
219.808-1 [Amended]
0
19. Amend section 219.808-1 in paragraph (a), by removing ``$100
million'' and adding ``$150 million'' in its place.
PART 225--FOREIGN ACQUISITION
225.103 [Amended]
0
20. Amend section 225.103 in paragraphs (a)(ii)(B)(2) and (3) and
paragraphs (b)(ii)(B) and (C), by removing ``$1.5 million'' and adding
``$2 million'' in its place.
225.771-2 [Amended]
0
21. Amend section 225.771-2 in paragraph (a) introductory text, by
removing ``$150,000'' and adding ``$200,000'' in its place.
225.771-5 [Amended]
0
22. Amend section 225.771-5 by removing ``$150,000'' and adding
``$200,000'' in its place.
225.7002-2 [Amended]
0
23. Amend section 225.7002-2 in paragraph (a), by removing ``$150,000''
and adding ``$200,000'' in its place.
225.7023-3 [Amended]
0
24. Amend section 225.7023-3 in paragraph (b), by removing ``$150,000''
and adding ``$200,000'' in its place.
225.7023-4 [Amended]
0
25. Amend section 225.7023-4 in paragraph (c), by removing ``$150,000''
and adding ``$200,000'' in its place.
225.7201 [Amended]
0
26. Amend section 225.7201 in paragraph (a), by removing ``$750,000''
and adding ``$950,000'' in its place.
225.7204 [Amended]
0
27. Amend section 225.7204 in paragraphs (a) and (b), by removing ``$15
million'' and adding ``$20 million'' in its place.
225.7703-2 [Amended]
0
28. Amend section 225.7703-2 in paragraphs (b)(2)(i) and (b)(2)(ii)
introductory text, by removing ``$100 million'' and adding ``$150
million'' in its place.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
236.303-1 [Amended]
0
29. Amend section 236.303-1 in paragraphs (a)(4)(i) introductory text
and (a)(4)(ii), by removing ``$4.5 million'' and adding ``$5.5
million'' in its place.
236.601 [Amended]
0
30. Amend section 236.601 in paragraph (1), by removing ``$1.5
million'' and adding ``$2 million'' in its place.
PART 237--SERVICE CONTRACTING
237.170-2 [Amended]
0
31. Amend section 237.170-2 in paragraphs (a)(1) and (2), by removing
``$100 million'' and adding ``$150 million'' in its place.
PART 246--QUALITY ASSURANCE
246.402 [Amended]
0
32. Amend section 246.402 in the introductory text, by removing
``$350,000'' and adding ``$400,000'' in its place.
PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
250.102-1 [Amended]
0
33. Amend section 250.102-1 in paragraph (b), by removing ``$75,000''
and adding ``$95,000'' in its place.
[[Page 5803]]
250.102-1-70 [Amended]
0
34. Amend section 250.102-1-70 in paragraph (b)(1), by removing
``$75,000'' and adding ``$95,000'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
35. Amend section 252.204-7007--
0
a. By revising the provision date; and
0
b. In paragraph (d)(1)(v), by removing ``$150,000'' and adding
``$200,000'' in its place.
The revision reads as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
Alternate A, Annual Representations and Certifications (Date)
* * * * *
0
36. Amend section 252.215-7016 by--
0
a. Revising the provision date; and
0
b. Revising and republishing paragraph (b).
The revisions and republication read as follows:
252.215-7016 Notification to Offerors--Postaward Debriefings.
* * * * *
Notification to Offerors--Postaward Debriefings (Date)
* * * * *
(b) Postaward debriefing.(1) Upon timely request, the Government
will provide a written or oral postaward debriefing to successful or
unsuccessful offerors for contract awards valued at $15 million or
more, while protecting the confidential and proprietary information of
other offerors. The request is considered timely if received within 3
days of notification of contract award.
(2) When required, the minimum postaward debriefing information
will include the following:
(i) For contracts in excess of $15 million and not in excess of
$150 million with a small business or nontraditional defense
contractor, an option for the small business or nontraditional defense
contractor to request disclosure of the agency's written source
selection decision document, redacted to protect the confidential and
proprietary information of other offerors for the contract award.
(ii) For contracts in excess of $150 million, disclosure of the
agency's written source selection decision document, redacted to
protect the confidential and proprietary information of other offerors
for the contract award.
(3) If a required postaward debriefing is provided--
(i) The debriefed Offeror may submit additional written questions
related to the debriefing not later than 2 business days after the date
of the debriefing;
(ii) The agency will respond in writing to timely submitted
additional questions within 5 business days after receipt by the
contracting officer; and
(iii) The postaward debriefing will not be considered to be
concluded until the later of--
(A) The date that the postaward debriefing is delivered, orally or
in writing; or
(B) If additional written questions related to the debriefing are
timely received, the date the agency delivers its written response.
* * * * *
0
37. Amend section 252.216-7010--
0
a. By revising the clause date; and
0
b. In paragraph (a)(1), by removing ``$10 million'' and adding ``$15
million'' in its place.
The revision reads as follows:
252.216-7010 Postaward Debriefings for Task Orders and Delivery
Orders.
* * * * *
Postaward Debriefings For Task Orders and Delivery Orders (Date)
* * * * *
0
38. Amend section 252.225-7003 by--
0
a. Revising the provision date; and
0
b. Revising and republishing paragraph (b).
The revisions and republication read as follows:
252.227-7003 Report of Intended Performance Outside the United States
and Canada--Submission with Offer.
* * * * *
Report of Intended Performance Outside the United States and Canada--
Submission With Offer (Date)
* * * * *
(b) The Offeror shall submit, with its offer, a report of intended
performance outside the United States and Canada if--
(1) The offer exceeds $20 million in value; and
(2) The Offeror is aware that the Offeror or a first-tier
subcontractor intends to perform any part of the contract outside the
United States and Canada that--
(i) Exceeds $950,000 in value; and
(ii) Could be performed inside the United States or Canada.
* * * * *
[FR Doc. 2024-31570 Filed 1-16-25; 8:45 am]
BILLING CODE 6001-FR-P
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