[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13604-13606]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04352]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 226 and 252
RIN 0750-AH85
Defense Federal Acquisition Regulation Supplement: Encouragement
of Science, Technology, Engineering, and Mathematics (STEM) Programs
(DFARS Case 2012-D027)
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 implement a section of the National
[[Page 13605]]
Defense Authorization Act for Fiscal Year 2012, which requires DoD to
take steps to encourage contractors to develop science, technology,
engineering, and mathematics (STEM) programs.
DATES: Comment date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before April 29, 2013, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D027, using
any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit comments via
the Federal eRulemaking portal by entering ``DFARS Case 2012-D027''
under the heading ``Enter keyword or ID'' and selecting ``Search.''
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case
2012-D027.'' Follow the instructions provided at the ``Submit a
Comment'' screen. Please include your name, company name (if any), and
``DFARS Case 2012-D027'' on your attached document.
[cir] Email: [email protected]. Include DFARS Case 2012-D027 in the
subject line of the message.
[cir] Fax: 571-372-6094.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Dustin Pitsch, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 571-372-
6090.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise the DFARS to implement section 862 of
the National Defense Authorization Act (NDAA) for Fiscal Year 2012
(FY12), which requires DoD to encourage contractors to develop science,
technology, engineering, and mathematics (STEM) programs. STEM programs
are, programs or initiatives, either formal or informal, which
encourage the pursuit of education and experience in the Science,
Technology, Engineering, and Mathematics disciplines such as--
Enhancing undergraduate, graduate, and doctoral programs
in science, technology, engineering, and mathematics;
Programming and curriculum development in elementary and
secondary schools;
Encouraging employees to volunteer in Title I schools in
order to enhance STEM education and programs;
Making personnel available to advise and assist STEM
faculty at colleges and universities in the performance of STEM
research and disciplines critical to the Department of Defense;
Establishing partnerships between the offeror and
historically black colleges and universities and minority institutions
for the purpose of training students in the STEM disciplines;
Awarding scholarships and fellowships for undergraduate
and graduate programs, and establishing cooperative work-education
programs in the STEM disciplines; or
Conducting recruitment activities at historically black
colleges and universities and minority institutions or offer
internships or apprenticeships in the STEM disciplines.
II. 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.
The Office of Information and Regulatory Affairs has determined that
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.
III. Regulatory Flexibility Act
DoD does not expect this rule 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. However, an initial
regulatory flexibility analysis has been performed and is summarized as
follows:
This rule is required by section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81). The objective
of this rule is to take steps to encourage contractors to develop
science, technology, engineering, and math (STEM) programs. The legal
basis for this rule is section 862 of the National Defense
Authorization Act for Fiscal Year 2012.
This will apply to all DoD contractors, both large and small.
There are no reporting, recordkeeping or other compliance
requirements associated with this rule. This rule only encourages
contractors, to the maximum extent practicable, to develop science,
technology, engineering, and mathematics (STEM) programs. The
contractor is not required to develop STEM programs or to report on
this activity.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. DoD did not identify any significant alternatives that
would satisfy the requirements of the statute. However, this rule does
not impose any requirements on small business concerns.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this 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 2012-D027), in
correspondence.
IV. 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 Parts 226 and 252
Government procurement.
Manuel Quinones
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 226 and 252 as
follows:
PART 226--OTHER SOCIOECONOMIC PROGRAMS
0
1. The authority citation for part 226 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add subpart 226.72 to read as follows:
Subpart 226.72--Encouragement of Science, Technology, Engineering,
and Mathemathics (STEM) Programs
Sec.
[[Page 13606]]
226.7200 Scope of subpart.
226.7201 Definition.
226.7202 Applicability.
226.7203 Policy.
226.7204 Contract clause.
226.7200 Scope of subpart.
This subpart implements section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81).
226.7201 Definition.
``Science, Technology, Engineering, and Mathematics (STEM)
Programs,'' as used in this subpart, means programs or incentives,
either formal or informal, that encourage the pursuit of education and
experience in the science, technology, engineering, and mathematics
disciplines.
226.7202 Applicability.
This subpart applies to all solicitations and contracts.
226.7203 Policy.
DoD encourages contractors to undertake actions, to the maximum
extent practicable, that--
(a) Enhance undergraduate, graduate, and doctoral programs in
science, technology, engineering, and mathematics (referred to as
``STEM'' disciplines);
(b) Make investments, such as programming and curriculum
development, in STEM programs within elementary and secondary schools;
(c) Encourage employees to volunteer in Title I schools in order to
enhance STEM education and programs;
(d) Make personnel available to advise and assist faculty at such
colleges and universities in the performance of STEM research and
disciplines critical to the functions of DoD;
(e) Establish partnerships between the contractor and historically
black colleges and universities and minority institutions for the
purpose of training students in scientific disciplines;
(f) Award scholarships and fellowships, and establish cooperative
work-education programs in scientific disciplines; or
(g) Conduct recruitment activities at historically black colleges
and universities and other minority-serving institutions or offer
internships or apprenticeships.
226.7204 Contract clause.
The contracting officer shall insert the clause at 252.226-70XX,
Encouragement of Science, Technology, Engineering, and Mathematics
(STEM) Programs, in all solicitations and contracts.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. The authority citation for part 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
5. Section 252.226-70XX is added to read as follows:
252.226-70XX Encouragement of Science, Technology, Engineering, and
Mathematics (STEM) Programs.
As prescribed in 226.7204, insert the following clause:
Encouragement of Science, Technology, Engineering, and Mathematics
(STEM) Programs (Date)
(a) Definition.
``Science, Technology, Engineering, and Mathematics (STEM)
Programs,'' as used in this clause, means programs and or
incentives, either formal or informal, that encourage the pursuit of
education and experience in the science, technology, engineering,
and mathematics disciplines.
(b) In accordance with section 862 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), the
Contractor is encouraged to undertake actions, to the maximum extent
practicable, that--
(1) Enhance undergraduate, graduate, and doctoral programs in
science, technology, engineering, and mathematics (referred to as
``STEM'' disciplines);
(2) Make investments, such as programming and curriculum
development, in STEM programs within elementary and secondary
schools;
(3) Encourage employees to volunteer in Title I schools in order
to enhance STEM education and programs;
(4) Make personnel available to advise and assist faculty at
such colleges and universities in the performance of STEM research
and disciplines critical to the functions of DoD;
(5) Establish partnerships between the contractor and
historically black colleges and universities and minority
institutions for the purpose of training students in scientific
disciplines;
(6) Award scholarships and fellowships, and establish
cooperative work-education programs in scientific disciplines; or
(7) Conduct recruitment activities at historically black
colleges and universities and other minority-serving institutions or
offer internships or apprenticeships.
(c) Costs. (1) The Contractor shall assume the responsibility
for all the costs and investments in support of the STEM
disciplines.
(2) The Contractor will not be reimbursed for any costs incurred
or associated with the support of the STEM disciplines. Any costs
incurred for supporting the STEM disciplines are unallowable under
this contract.
(End of clause)
[FR Doc. 2013-04352 Filed 2-27-13; 8:45 am]
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