[Federal Register Volume 77, Number 62 (Friday, March 30, 2012)]
[Rules and Regulations]
[Page 19126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7557]
[[Page 19126]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 201
RIN 0750-AH66
Defense Federal Acquisition Regulation Supplement: New Threshold
for Peer Reviews of Noncompetitive Contracts (DFARS Case 2012-D018)
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 modify the threshold for
noncompetitive contract peer reviews.
DATES: Effective Date: April 30, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, telephone 571-
372-6088.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule reduces the threshold for DoD peer reviews of
noncompetitive contracts from the current level of $1 billion to $500
million. Previously, DoD published a final rule in the Federal Register
at 74 FR 37625 on July 29, 2009, to address the requirements for peer
reviews of DoD solicitations and contracts. DFARS Case 2008-D035,
entitled ``Peer Reviews of Contracts,'' added DFARS 201.170, Peer
Reviews, which (1) specified that the Office of the Director, Defense
Procurement and Acquisition Policy, will organize teams of reviewers
and will facilitate peer reviews for all solicitations and contracts
for services valued at $1 billion or more, and (2) required the
military departments, defense agencies, and DoD field activities to
establish procedures for preaward and postaward peer review of
solicitations and contracts for services valued at less than $1
billion.
This final rule--
Clarifies DoD peer review phases and revises the threshold
for peer reviews of noncompetitive procurements;
Requires military departments and defense agencies to
establish procedures for preaward peer reviews for noncompetitive
procurements valued at less than $500 million; and
Adds an email address for the submission of rolling annual
forecasts of acquisitions.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (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 concerns DoD's internal review processes and does not
have a significant cost or administrative impact on contractors or
offerors. These requirements affect only the internal operating
procedures of the Government.
III. 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. This rule is not a major rule
under 5 U.S.C. 804.
IV. 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.
V. 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. chapter 35).
List of Subjects in 48 CFR Part 201
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 201 is amended as follows:
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
1. The authority citation for 48 CFR part 201 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 201.170 is revised to read as follows:
201.170 Peer reviews.
(a) DoD peer reviews. (1) The Office of the Director, Defense
Procurement and Acquisition Policy, will organize teams of reviewers
and facilitate peer reviews for solicitations and contracts, as follows
using the procedures at PGI 201.170--
(i) Preaward peer reviews for competitive procurements will be
conducted in three phases for all solicitations valued at $1 billion or
more;
(ii) Preaward peer reviews for noncompetitive procurements will be
conducted in two phases for new contract actions valued at $500 million
or more; and
(iii) Postaward peer reviews will be conducted for all contracts
for services valued at $1 billion or more.
(2) To facilitate planning for peer reviews, the military
departments and defense agencies shall provide a rolling annual
forecast of acquisitions at the end of each quarter (i.e., March 31;
June 30; September 30; December 31), to the Deputy Director, Defense
Procurement and Acquisition Policy (Contract Policy and International
Contracting) via email to [email protected].
(b) Component peer reviews. The military departments and defense
agencies shall establish procedures for--
(1) Preaward peer reviews of solicitations for competitive
procurements valued at less than $1 billion;
(2) Preaward peer reviews for noncompetitive procurements valued at
less than $500 million; and
(3) Postaward peer reviews of all contracts for services valued at
less than $1 billion.
[FR Doc. 2012-7557 Filed 3-29-12; 8:45 am]
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