65618 Federal Register / Vol. 83, No. 245 / Friday, December 21, 2018 / Proposed Rules 

passports, enhanced driver’s licenses, 

and military identification cards. For 

additional information on the status of 

your state regarding REAL ID, go to: 

https://www.dhs.gov/real-id. Any 

objects brought into the building need to 

fit through the security screening 

system, such as a purse, laptop bag, or 

small backpack. Demonstrations will 

not be allowed on federal property for 

security reasons. 

FOR FURTHER INFORMATION CONTACT: The 

EPA will begin pre-registering speakers 

for the hearing upon publication of this 

document in the Federal Register. To 

register to speak at the hearing, please 

use the online registration form 

available at https://www.epa.gov/ 

stationary-sources-air-pollution/forms/ 

public-hearing-proposed-nspsgreenhouse-gas-emissions-new or 

contact Adrian Gates at (919) 541–4860 

or at gates.adrian@epa.gov. The last day 

to pre-register to speak at the hearing 

will be January 2, 2019. By January 7, 

2019, the EPA will post at https://

www.epa.gov/stationary-sources-airpollution/forms/public-hearingproposed-nsps-greenhouse-gasemissions-new a general agenda for the 

hearing that will list pre-registered 

speakers in approximate order. The EPA 

will make every effort to follow the 

schedule as closely as possible on the 

day of the hearing; however, please plan 

for the hearing to run either ahead of 

schedule or behind schedule. 

Additionally, requests to speak will be 

taken the day of the hearing at the 

hearing registration desk. The EPA will 

make every effort to accommodate all 

speakers who arrive and register, 

although preferences on speaking times 

may not be able to be fulfilled. 

SUPPLEMENTARY INFORMATION: Each 

commenter will have 5 minutes to 

provide oral testimony. The EPA 

encourages commenters to provide the 

EPA with a copy of their oral testimony 

electronically (via email) or in hard 

copy form. 

The EPA may ask clarifying questions 

during the oral presentations, but will 

not respond to the presentations at that 

time. Written statements and supporting 

information submitted during the 

comment period will be considered 

with the same weight as oral comments 

and supporting information presented at 

the public hearing. Commenters should 

notify Adrian Gates if they will need 

specific equipment or if there are other 

special needs related to providing 

comments at the hearing. Verbatim 

transcripts of the hearing and written 

statements will be included in the 

docket for the rulemaking. 

Please note that any updates made to 

any aspect of the hearing will be posted 

online at https://www.epa.gov/ 

stationary-sources-air-pollution/forms/ 

public-hearing-proposed-nspsgreenhouse-gas-emissions-new. While 

the EPA expects the hearing to go 

forward as set forth above, please 

monitor our website or contact Adrian 

Gates at (919) 541–4860 or 

gates.adrian@epa.gov to determine if 

there are any updates. The EPA does not 

intend to publish a document in the 

Federal Register announcing updates. 

The EPA will not provide audiovisual 

equipment. Commenters should notify 

Adrian Gates when they pre-register to 

speak if they will require the service of 

a translator or special accommodations 

such as audio description. We may not 

be able to arrange accommodations 

without advanced notice. 

Dated: December 17, 2018. 

Panagiotis Tsirigotis, 

Director, Office of Air Quality Planning and 

Standards. 

[FR Doc. 2018–27668 Filed 12–20–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 209, 211, and 252 

[Docket DARS–2018–0059] 

RIN 0750–AJ85 

Defense Federal Acquisition 

Regulation Supplement: Applicability 

of Inflation Adjustment of Acquisition 

Related Thresholds (DFARS Case 

2018–D023) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2018 to require that inflation 

adjustments of statutory acquisitionrelated thresholds apply to existing 

contracts and subcontracts in effect on 

the date of the adjustment that contain 

the adjusted clauses. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

February 19, 2019, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2018–D023, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for 

‘‘DFARS Case 2018–D023.’’ Select 

‘‘Comment Now’’ and follow the 

instructions provided to submit a 

comment. Please include ‘‘DFARS Case 

2018–D023’’ on any attached 

documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2018–D023 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Heather 

Kitchens, OUSD(A&S)DPC/DARS, Room 

3B941, 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: 

Ms. Heather Kitchens, telephone 571– 

372–6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule proposes to revise the 

DFARS to implement section 821 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2018 (Pub. 

L. 115–91). Section 821 amends 41 

U.S.C. 1908(d) to require that the 

inflation adjustments of statutory 

acquisition-related thresholds under 41 

U.S.C. 1908 apply to existing contracts 

and subcontracts in effect on the date of 

the adjustment. 

41 U.S.C. 1908, Inflation adjustment 

of acquisition-related dollar thresholds, 

requires an adjustment every five years 

of statutory acquisition-related 

thresholds for inflation using the 

Consumer Price Index for All Urban 

Consumers (CPI–U), except for the 

Construction Wage Rate Requirements 

statute (formerly known as the DavisBacon Act), Service Contract Labor 

Standards statute (formerly known as 

the Service Contract Act), and trade 

agreements thresholds. See Federal 

Acquisition Regulation (FAR) 1.109. 

The last DFARS case that raised the 

thresholds for inflation was 2014–D025, 

a final rule published in the Federal 

Register (80 FR 36903) on June 26, 2015, 

effective October 1, 2015. The next final 

rule to be published raising thresholds 

for inflation under 41 U.S.C. 1908 will 

be effective October 1, 2020. 


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Section 821 adds the words ‘‘and 

shall apply, in the case of the 

procurement of property or services by 

contract, to a contract, and any 

subcontract at any tier under the 

contract, in effect on that date without 

regard to the date of award of the 

contract or subcontract’’ at the end of 41 

U.S.C. 1908(d). Therefore, if acquisitionrelated thresholds are adjusted under 41 

U.S.C. 1908 during the life of a contract, 

then that contract and all of the 

subcontracts under that contract will 

now be subject to the adjusted 

thresholds. 

II. Discussion and Analysis 

Currently, the DFARS clauses that 

contain thresholds subject to inflation 

adjustment provide the specific dollar 

amount of the threshold. To implement 

the new requirements under 41 U.S.C. 

1908(d), DoD is proposing to replace the 

dollar amounts of the thresholds in each 

clause with a reference to the FAR or 

DFARS section that provides the 

overarching policy and the acquisitionrelated threshold. If the DFARS policy 

section does not currently include the 

acquisition-related threshold, this rule 

proposes amendments to those sections 

to add the thresholds. In addition, 

within the affected DFARS clauses, 

additional text is added to clarify that 

the threshold with which a contractor or 

subcontractor must comply is the 

threshold in effect at the time of 

contract or subcontract award or 

issuance of the notice, as appropriate. 

These changes not only reduce the 

number of places to update the 

thresholds for future inflation changes, 

but also ensures that future contracts 

containing these clauses always include 

a reference to the current threshold. The 

following is a summary of the DFARS 

clauses affected by this rule and the 

associated FAR or DFARS policy 

sections that include or will include the 

acquisition-related threshold as a result 

of this rule or the related FAR rule: 

DFARS clause FAR/DFARS policy section Threshold 

252.203–7004, Display of Hotline Posters ................................................ DFARS 203.1004(b)(2)(ii) ....................................... Currently includes threshold. 

252.209–7004, Subcontracting with Firms That Are Owned or Controlled 

by the Government of a Country that is a State Sponsor of Terrorism.

FAR 9.405–2(b) ...................................................... Currently includes threshold. 

252.209–7009, Organizational Conflict of Interest—Major Defense Acquisition Program.DFARS 209.571–1 ................................................. Threshold to be added under this rule. 

252.219–7003, Small Business Subcontracting Plan (DoD Contracts) .... FAR 19.702(a) ........................................................ Currently includes threshold. 

252.219–7004, Small Business Subcontracting Plan (Test Program) ...... FAR 19.702(a) ........................................................ Currently includes threshold. 

252.225–7004, Report of Intended Performance Outside the United 

States and Canada—Submission after Award.

DFARS 225.870–4(c)(2)(i)(A)(1) ............................ Currently includes threshold. 

252.249–7002, Notification of Anticipated Contract Termination or Reduction.DFARS 225.870–4(c)(2)(i)(A)(1) and 225.870– 

4(c)(2)(i)(C).

Currently includes threshold. 

In order to incorporate the 

acquisition-related threshold in the 

DFARS policy section associated with 

DFARS clause 252.209–7009 and to be 

consistent with current drafting 

conventions, the definitions in DFARS 

209.571–1 are proposed to be provided 

in full text, in lieu of referring to the 

definitions in clauses. The statutory 

acquisition-related threshold in DFARS 

clause 252.211–7000 is proposed to be 

incorporated in a new DFARS policy 

section 211.7000. 

Finally, this rule proposes to add a 

new paragraph at 201.109(a) to advise 

contracting officers of the new 

requirements of 41 U.S.C. 1908(d) with 

regard to the effective date of statutory 

acquisition-related thresholds that are 

subject to adjustment based on inflation. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This rule does not propose to create 

any new provisions or clauses or impact 

any existing provisions or clauses, 

except for moving dollar values of 

thresholds in the stated clauses and 

adding references in these clauses to the 

location of the threshold in the 

associated DFARS policy section. 

Therefore, there is no change to the 

applicability of any of the clauses to 

contracts at or below the simplified 

acquisition threshold, or to the 

acquisition of commercial items, 

including commercially available offthe-shelf items. 

IV. Executive Orders 12866 and 13563 

Executive Order (E.O.s) 12866, 

Regulatory Planning and Review; and 

E.O. 13563, Improving Regulation and 

Regulatory Review, 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 

is not a major rule under 5 U.S.C. 804. 

V. Executive Order 13771 

This rule is not an E.O. 13771 

regulatory action, because this rule is 

not significant under E.O. 12866. 

VI. Regulatory Flexibility Act 

DoD does not expect this proposed 

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. The scope of the rule relates to 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to require that inflation 

adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908 

apply to existing contracts and 

subcontracts in effect on the date of the 

adjustment. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows: 

DoD is proposing to amend the 

DFARS to make inflation adjustments of 

statutory acquisition-related thresholds 

under 41 U.S.C. 1908(d) applicable to 

existing contracts and subcontracts in 

effect on the date of the adjustment that 

contain the revised clauses. 

The objective is to implement section 

821 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2018. Section 821 amends 41 

U.S.C. 1908(d) to require inflation 

adjustments of statutory acquisitionrelated thresholds under 41 U.S.C. 1908 

apply to existing contracts and 

subcontracts in effect on the date of the 

adjustment. Section 821 adds the words 

‘‘and shall apply, in the case of the 

procurement of property or services by 

contract, to a contract, and any 

subcontract at any tier under the 

contract, in effect on that date without 

regard to the date of award of the 


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contract or subcontract’’ at the end of 41 

U.S.C. 1908(d). 

This proposed rule will likely affect to 

some extent all small business concerns 

that submit offers or are awarded 

contracts by the Federal Government. 

However, this rule is not expected to 

have any significant economic impact 

on small business concerns because this 

rule is only establishing the framework 

to apply the inflation adjustments of 

statutory acquisition-related thresholds 

under 41 U.S.C. 1908 to existing 

contracts and subcontracts in effect on 

the date of the adjustment. Any impact 

on small business concerns will be 

beneficial by preventing burdensome 

requirements from applying to the 

smaller dollar value acquisitions, which 

are the acquisitions in which small 

business concerns are most likely to 

participate. 

For FY 2017, there were 106,438 

unique vendors in the Federal 

Procurement Data System (FPDS) 

identified as small business concerns. 

As of September 30, 2017, there were 

637,791 active entity registrations in 

SAM.gov. Of those active entity 

registrations, 452,310 (71%) completed 

all four modules of the registration, in 

accordance with Federal Acquisition 

Regulation 52.204–7(a)(2), including 

Assertions (where they enter their size 

metrics and select their North American 

Industry Classification System (NAICS) 

Codes) and Representations and 

Certifications (where they certify to the 

information they provided and the size 

indicator by NAICS). 

Of the possible 452,310 active 

SAM.gov entity registrations, 338,207 

(75%) certified to meeting the size 

standard of small for their primary 

NAICS Code. Therefore, this rule may 

be beneficial to 338,207 small business 

entities that submit proposals that may 

now fall under the micro-purchase 

threshold and the simplified acquisition 

threshold, which provide for the use of 

streamlined procedures. 

This proposed rule does not include 

any new reporting or recordkeeping 

requirements for small entities. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

There are no known significant 

alternative approaches to the proposed 

rule that would meet the requirements 

of the applicable statute. 

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 2018–D023), in 

correspondence. 

VII. 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 201, 

209, 211, and 252 

Government procurement. 

Jennifer Lee Hawes, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 201, 209, 211, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 201, 

209, 211, and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 1303 and 48 CFR 

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 2. Amend section 201.109 by— 

■ a. Designating the paragraph (a) text as 

paragraph (a)(ii); and 

■ b. Adding paragraph (a)(i). 

The addition reads as follows: 

201.109 Statutory acquisition-related 

dollar thresholds-adjustment for inflation. 

(a)(i) 41 U.S.C. 1908(d) requires the 

adjustment for inflation of all statutory 

acquisition-related dollar thresholds in 

the DFARS be applied to contracts and 

subcontracts without regard to the date 

of award of the contract or subcontract, 

except thresholds based on the Wage 

Rate Requirements statute, the Service 

Contract Labor Standards statute, or 

established by the United States Trade 

Representative pursuant to the Trade 

Agreement Act, which are not escalated 

by the statute. 

* * * * * 

PART 209—CONTRACTOR 

QUALIFICATION 

■ 3. Amend section 209.571–1 by 

revising the definitions of ‘‘Lead system 

integrator’’ and ‘‘Major subcontractor’’ 

to read as follows: 

209.571–1 Definitions. 

* * * * * 

‘‘Lead system integrator’’ includes 

lead system integrator with system 

responsibility and lead system integrator 

without system responsibility. 

(1) Lead system integrator with system 

responsibility means a prime contractor 

for the development or production of a 

major system, if the prime contractor is 

not expected at the time of award to 

perform a substantial portion of the 

work on the system and the major 

subsystems. 

(2) Lead system integrator without 

system responsibility means a prime 

contractor under a contract for the 

procurement of services, the primary 

purpose of which is to perform 

acquisition functions closely associated 

with inherently governmental functions 

(see section 7.503(d) of the Federal 

Acquisition Regulation) with respect to 

the development or production of a 

major system. ‘‘Major subcontractor’’ 

means a subcontractor that is awarded 

a subcontract that equals or exceeds— 

(1) Both the certified cost or pricing 

data threshold and 10 percent of the 

value of the contract under which the 

subcontract is awarded; or 

(2) $55 million. 

* * * * * 

PART 211—DESCRIBING AGENCY 

NEEDS 

■ 4. Add section 211.7000 to read as 

follows: 

211.7000 Acquisition streamlining. 

Acquisition streamlining is required 

for all systems acquisition program 

contracts and for all subcontracts over 

$1.5 million awarded in the 

performance of contracts for systems 

acquisition programs. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 5. Amend section 252.203–7004 by— 

■ a. Removing the clause date of ‘‘(OCT 

2016)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. Revising paragraph (d). 

The revision reads as follows: 

252.203–7004 Display of Hotline Posters. 

* * * * * 

(d) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (d), in all 

subcontracts that exceed the threshold 

specified in Defense Federal Acquisition 

Regulation Supplement 

203.1004(b)(2)(ii) on the date of 

subcontract award except when the 

subcontract is for the acquisition of a 

commercial item. 

* * * * * 

252.209–7004 [Amended] 

■ 6. Amend section 252.209–7004 by— 

■ a. Removing the clause date of ‘‘(OCT 

2015)’’ and adding ‘‘(DATE)’’ in its 

place; 


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■ b. In paragraph (a), removing 

‘‘$35,000’’ and adding ‘‘the threshold 

specified in Federal Acquisition 

Regulation 9.405–2(b) on the date of 

subcontract award’’ in its place. 

■ 7. Amend section 252.209–7009 by— 

■ a. Removing the clause date of ‘‘(OCT 

2015)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. Revising paragraph (a). 

The revision reads as follows: 

252.209–7009 Organizational Conflict of 

Interest—Major Defense Acquisition 

Program. 

* * * * * 

(a) Definition. As used in this clause— 

Major subcontractor means a 

subcontractor that is awarded a 

subcontract that equals or exceeds— 

(1) Both the certified cost or pricing 

data threshold and 10 percent of the 

value of the contract under which the 

subcontract is awarded; or 

(2) The threshold specified in the 

definition of ‘‘major subcontractor’’ at 

Defense Federal Acquisition Regulation 

Supplement 209.571–1 on the date of 

subcontract award. 

* * * * * 

■ 8. Amend section 252.219–7003 by— 

■ a. Removing the clause date of ‘‘(APR 

2018)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. Revising paragraph (g); 

■ c. In Alternate I— 

■ i. Removing the clause date of ‘‘(APR 

2018)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. Revising paragraph (g). 

The revision reads as follows: 

252.219–7003 Small Business 

Subcontracting Plan (DoD Contracts) 

* * * * * 

(g) Include the clause at Defense 

Federal Acquisition Regulation 

Supplement (DFARS) 252.219–7004, 

Small Business Subcontracting Plan 

(Test Program), in subcontracts with 

subcontractors that participate in the 

Test Program described in DFARS 

219.702–70, if the subcontract is 

expected to exceed the applicable 

threshold specified in Federal 

Acquisition Regulation 19.702(a), and to 

have further subcontracting 

opportunities. 

* * * * * 

Alternate I. * * * 

(g) Include the clause at Defense 

Federal Acquisition Regulation 

Supplement (DFARS) 252.219–7004, 

Small Business Subcontracting Plan 

(Test Program), in subcontracts with 

subcontractors that participate in the 

Test Program described in DFARS 

219.702–70, if the subcontract is 

expected to exceed the applicable 

threshold specified in Federal 

Acquisition Regulation 19.702(a), and to 

have further subcontracting 

opportunities. 

* * * * * 

■ 9. Amend section 252.219–7004 by— 

■ a. Revising the section heading; 

■ b. Removing the clause date of ‘‘(APR 

2018)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ c. Revising paragraph (g) introductory 

text. 

■ d. In paragraph (g)(1), removing 

‘‘252.219–7003’’ and adding ‘‘Defense 

Federal Acquisition Regulation 

Supplement (DFARS) 252.219–7003’’ in 

its place; 

■ e. In paragraph (g)(2), removing 

‘‘252.219–7003’’ and adding ‘‘DFARS 

252.219–7003’’ in its place; and 

■ f. In paragraph (g)(3), removing 

‘‘252.219–7004’’ and adding ‘‘DFARS 

252.219–7004’’ in its place. 

The revisions read as follows: 

252.219–7004 Small Business 

Subcontracting Plan (Test Program). 

* * * * * 

(g) Subcontracts. The Contractor shall 

include in subcontracts that offer 

subcontracting opportunities, are 

expected to exceed the applicable 

threshold specified in FAR 19.702(a) on 

the date of subcontract award, and are 

required to include the clause at FAR 

52.219–8, Utilization of Small Business 

Concerns, the clauses at— 

* * * * * 

■ 10. Amend section 252.225–7004 by— 

■ a. Removing the clause date of ‘‘(OCT 

2015)’’ and adding ‘‘(DATE)’’ in its 

place; and 

■ b. Revising paragraphs (a) and (b)(1). 

The revisions read as follows: 

252.225–7004 Report of Intended 

Performance Outside the United States and 

Canada—Submission after Award. 

* * * * * 

(a) Definition. As used in this clause— 

United States means the 50 States, the 

District of Columbia, and outlying areas. 

(b) * * * 

(1) Exceeds the threshold specified in 

Defense Federal Acquisition Regulation 

Supplement 225.870–4(c)(2)(i)(A)(1) on 

the date of award of this contract; and 

* * * * * 

■ 11. Amend section 252.249–7002 by— 

■ a. Revising the section heading; 

■ b. Removing the clause date of ‘‘(OCT 

2015)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ c. Adding paragraph (a) introductory 

text; and 

■ d. Revising paragraphs (d)(1) and (2). 

The addition and revisions read as 

follows: 

252.249–7002 Notification of Anticipated 

Contract Termination or Reduction. 

* * * * * 

(a) * * * As used in this clause— 

* * * * * 

(d) * * * 

(1) Provide notice of the anticipated 

termination or reduction to each firsttier subcontractor with a subcontract 

that equals or exceeds the threshold 

specified in Defense Federal Acquisition 

Regulation Supplement (DFARS) 

225.870–4(c)(2)(i)(A)(1) at the time of 

the notice; and 

(2) Require that each such 

subcontractor— 

(i) Provide notice to each of its 

subcontractors with a subcontract that 

equals or exceeds the threshold 

specified in DFARS 225.870– 

4(c)(2)(i)(C) at the time of the notice; 

and 

(ii) Impose a similar notice and 

flowdown requirement to 

subcontractors with subcontracts that 

equal or exceed the threshold specified 

in DFARS 225.870–4(c)(2)(i)(C) at the 

time of the notice. 

* * * * * 

[FR Doc. 2018–27559 Filed 12–20–18; 8:45 am] 

BILLING CODE 5001–06–P 


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