Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 3835 

representations to be 211,529 unique 

entities by dividing the average number 

of DoD unique awardees in the Federal 

Procurement Data System (FPDS) by the 

average number of Federal unique 

awardees in FPDS for FY 2016 through 

FY 2018 to obtain a percentage of 49.78 

percent of all Federal unique awardees 

that receive DoD awards. Applying 

49.78 percent to the total number of 

active SAM registrants results in 

211,529 estimated respondents. To 

further calculate the number of 

estimated respondents that are small 

businesses, this analysis multiplies the 

211,529 estimated respondents for DoD 

by 69 percent, which is the percentage 

of unique DoD awardees on average for 

FY 2016 through FY 2018 in FPDS that 

are small businesses, to estimate 

145,955 unique small entities impacted 

by DFARS 252.204–7016. 

The provision at DFARS 252.204– 

7017, Prohibition on Acquisition of 

Covered Defense Telecommunications 

Equipment or Services—Representation, 

requires that if an offeror provides an 

affirmative representation under the 

provision at 252.204–7016, Covered 

Defense Telecommunications 

Equipment or Services—Representation, 

that offeror is required to represent 

whether it will or will not provide 

under the contract, covered defense 

telecommunications equipment or 

services. If the offeror responds 

affirmatively, the offeror is required to 

further disclose information about the 

covered defense telecommunications 

equipment or services. 

DFARS provision 252.204–7017 is 

estimated to affect a total of only 3,054 

unique small business entities. 

Although DoD has no factual basis on 

which to estimate at this time what 

percentage of offerors will respond 

affirmatively to this representation, to 

be conservative DoD estimates 10 

percent of the 44,277 DoD unique 

awardees on average in FPDS for FY 

2016 through FY 2018 (4,428) will 

respond affirmatively, which triggers 

the disclosure requirement of the 

representation. Applying the estimated 

69 percent factor for small businesses to 

the estimate of 4,428 results in 3,054. To 

calculate the additional disclosure 

impact within 252.204–7017, DoD 

estimates 10 percent of the offerors 

filling out this representation will have 

to complete the additional disclosure 

(443 total, of which 306 are small 

entities). 

The clause at DFARS 252.204–7018, 

Prohibition on the Acquisition of 

Covered Defense Telecommunications 

Equipment or Services, requires 

contractors and subcontractors to report 

through https://dibnet.dod.mil, any 

discovery of covered 

telecommunications equipment or 

services during the course of contract 

performance. Although DoD has no 

factual basis on which to estimate at this 

time what percentage of awardees will 

be required to submit a report, the 

clause is estimated to affect 443 unique 

entities, which is 1 percent of the 

number of unique entities that received 

DoD awards on average for FY 2016 

through FY 2018 in FPDS (44,277). Of 

the 443 impacted entities 306 entities 

(69 percent) are estimated to be DoD 

unique small entities. 

Because of the nature of the 

prohibition enacted by section 1656, it 

is not possible to establish different 

compliance or reporting requirements or 

timetables that take into account the 

resources available to small entities or 

to exempt small entities from coverage 

of the rule, or any part thereof. DoD was 

unable to identify any alternatives that 

would reduce the burden on small 

entities and still meet the objectives of 

section 1656. 

VII. Paperwork Reduction Act 

The rule contains information 

collection requirements that have been 

approved by the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. chapter 35). 

This information collection requirement 

has been assigned OMB Control Number 

0750–0002, titled: Covered Defense 

Telecommunications Equipment or 

Services. 

List of Subjects in 48 CFR Parts 204, 

212, 213, and 252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Accordingly, the interim rule 

amending 48 CFR parts 204, 212, 213, 

and 252 published at 84 FR 72231 on 

December 31, 2019, is adopted as a final 

rule with the following changes. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for part 252 

continues to read as follows: 

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

chapter 1. 

252.204–7018 [Amended] 

■ 2. Amend section 252.204–7018 by— 

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

2019)’’ and adding ‘‘(JAN 2021)’’ in its 

place; 

■ b. In paragraph (d)(2)(i), removing 

‘‘one business day’’ and adding ‘‘3 

business days’’ in its place; and 

■ c. In paragraph (d)(2)(ii), removing 

‘‘10 business days’’ and adding ‘‘30 

business days’’ in its place. 

[FR Doc. 2021–00612 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212 and 252 

[Docket DARS–2021–0001] 

Defense Federal Acquisition 

Regulation Supplement: Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

OUSD(A&S)DPC(DARS), Room 3B938, 

3060 Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6100. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Corrects the numbering of 

paragraphs at section 212.301(f)(ii). On 

December 31, 2019, DoD published in 

the Federal Register at 84 FR 72231 an 

interim rule titled ‘‘Covered Defense 

Telecommunications Equipment or 

Services (DFARS Case 2018–D022)’’. 

The rule added paragraphs (f)(ii)(H), (I), 

and (J); however the correct paragraph 

numbers should have reflected (f)(ii)(G), 

(H), and (I). A prior change to this 

section on October 31, 2019, published 

at 84 FR 58332, had redesignated 

paragraphs (f)(ii)(F) and (G) as 

paragraphs (f)(ii)(E) and (F); however, 

this redesignation was not reflected in 

the paragraph numbering in the 

December 19, 2019, publication. This 

sequence of events resulted in the 

current electronic Code of Federal 

Regulations (eCFR) not reflecting a 

paragraph (f)(ii)(G) in the numbering 

sequence, which this amendment 

corrects. 

2. Corrects DFARS clause 252.244– 

7000 in paragraph (d) by removing ‘‘(c)’’ 

and adding ‘‘(d)’’ in its place. On 

3836 Federal Register / Vol. 86, No. 10 / Friday, January 15, 2021 / Rules and Regulations 

September 29, 2020, DoD published in 

the Federal Register at 85 FR 60918 a 

final rule titled ‘‘Treatment of Certain 

Items as Commercial Items (DFARS 

Case 2019–D029)’’ that included this 

change; however, the revision is not 

reflected in the eCFR. This amendment 

corrects the eCFR. 

List of Subjects in 48 CFR Parts 212 and 

252 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR parts 212 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.301 [Amended] 

■ 2. Amend section 212.301 by 

redesignating paragraphs (f)(ii)(H) 

through (M) as paragraphs (f)(ii)(G) 

through (L). 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 3. Amend section 252.244–7000 by— 

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

2020)’’ and adding ‘‘(JAN 2021)’’ in its 

place; and 

■ b. Revising paragraph (d). 

The revision reads as follows: 

252.244–7000 Subcontracts for 

Commercial Items. 

* * * * * 

(d) The Contractor shall include the 

terms of this clause, including this 

paragraph (d), in subcontracts awarded 

under this contract, including 

subcontracts for the acquisition of 

commercial items. 

* * * * * 

[FR Doc. 2021–00616 Filed 1–14–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2021–0001] 

Defense Federal Acquisition 

Regulation Supplement: Technical 

Amendment 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making a technical 

amendment to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide a needed editorial 

change. 

DATES: Effective February 24, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

OUSD(A&S)DPC(DARS), Room 3B938, 

3060 Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6100. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to update a 

reference at DFARS 225.872–7 to 

remove a reference to DoD Industrial 

Security Regulation DoD 5220.22–R and 

replace it with the National Industrial 

Security Program Operating Manual 

(NISPOM), 32 CFR part 117. On 

December 21, 2020, DoD issued a final 

rule in the Federal Register at 85 FR 

83300 to codify the NISPOM in the 

regulations. This change becomes 

effective February 24, 2021. 

Accordingly, this DFARS reference is 

being updated to incorporate this 

change. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Regulatory Control Officer, Defense 

Acquisition Regulations System. 

Therefore, 48 CFR part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 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. 

225.872–7 [Amended] 

■ 2. Amend section 225.872–7 by 

removing ‘‘DoD Industrial Security 

Regulation DoD 5220.22–R’’ and adding 

‘‘National Industrial Security Program 

Operating Manual, 32 CFR part 117’’ in 

its place. 

[FR Doc. 2021–00617 Filed 1–14–21; 8:45 am] 

BILLING CODE 6820–ep–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 239 and 252 

[Docket DARS–2019–0031] 

RIN 0750–AK07 

Defense Federal Acquisition 

Regulation Supplement: Repeal of 

DFARS Clause ‘‘Tariff Information’’ 

(DFARS Case 2018–D044) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove a clause that is no 

longer necessary. 

DATES: Effective January 15, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 85 FR 34576 on June 

5, 2020, to remove the DFARS clause 

252.239–7006, Tariff Information, from 

the DFARS as the clause is no longer 

necessary. No public comments were 

received in response to the proposed 

rule. No changes were made to the rule, 

as proposed. 

II. Applicability To Contracts At or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available OffThe-Shelf Items 

This rule only removes the obsolete 

contract clause at DFARS 252.239–7006, 

Tariff Information. This rule does not 

impose any new requirements on 

contracts at or below the simplified 

acquisition threshold or for commercial 

items, including commercially available 

off-the-shelf items. 

III. Expected Cost Savings 

This rule impacts only 

telecommunication service providers 

who do business, or want to do 

business, with DoD. DFARS clause 

252.239–7006, Tariff Information, 

requires telecommunications service 

contractors to submit certain tariff and