[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73450-73451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29153]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 225
RIN 0750-AH84
Defense Federal Acquisition Regulation Supplement: Preparation of
Letter of Offer and Acceptance (DFARS Case 2012-D048)
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 address the contracting
officer role in assisting the DoD implementing agency in preparation of
the letter of offer and acceptance for a foreign military sales program
that will require an acquisition.
DATES: Effective December 6, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
28793 on May 16, 2013, to address the contracting officer role in
assisting the DoD implementing agency in preparation of
[[Page 73451]]
the letter of offer and acceptance for a foreign military sales program
that will require an acquisition. No respondents submitted public
comments in response to the proposed rule. There are no changes from
the proposed rule in the final rule.
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.
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
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This action is necessary because the directions to the contracting
officer at PGI 225.7302 may have impact on prospective contractors, and
therefore require relocation to the DFARS. The objective of this rule
is to provide direction to the contracting officer on actions required
to work with the prospective contractor to assist the DoD implementing
activity in preparing the letter of offer and acceptance for a foreign
military sales program that requires an acquisition.
There were no comments in response to the initial regulatory
flexibility analysis. The Chief Counsel for Advocacy of the Small
Business Administration did not file any comments.
The rule will apply to approximately 380 small entities, based on
the FPDS data for FY 2011 of the number of noncompetitive contract
awards to small business entities that exceed $10,000 and use FMS
funds.
There is no required reporting or recordkeeping. The rule requires
the contracting officer to communicate with a prospective FMS
contractor in order to assist the DoD implementing agency in
preparation of the letter of offer and acceptance. The contracting
officer may request information on price, delivery, and other relevant
factors, and provide information to the prospective contractor with
regard to the FMS customer.
DoD does not expect the rule will have a significant economic
impact on a significant number of small entities. No significant
alternatives were identified that would accomplish the objectives of
the rule.
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 Part 225
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR Part 225 is amended as follows:
PART 225--FOREIGN ACQUISITION
0
1. The authority citation for 48 CFR Part 225 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 225.7302 is revised to read as follows:
225.7302 Preparation of letter of offer and acceptance.
For FMS programs that will require an acquisition, the contracting
officer shall assist the DoD implementing agency responsible for
preparing the Letter of Offer and Acceptance (LOA) by--
(1) Working with prospective contractors to--
(i) Identify, in advance of the LOA, any unusual provisions or
deviations (such as those requirements for Pseudo LOAs identified at
PGI 225.7301);
(ii) Advise the contractor if the DoD implementing agency expands,
modifies, or does not accept any key elements of the prospective
contractor's proposal;
(iii) Identify any logistics support necessary to perform the
contract (such as those requirements identified at PGI 225.7301); and
(iv) For noncompetitive acquisitions over $10,000, ask the
prospective contractor for information on price, delivery, and other
relevant factors. The request for information shall identify the fact
that the information is for a potential foreign military sale and shall
identify the foreign customer; and
(2) Working with the DoD implementing agency responsible for
preparing the LOA, as specified in PGI 225.7302.
[FR Doc. 2013-29153 Filed 12-5-13; 8:45 am]
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