21656 Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Rules and Regulations 

in existing § 1640.4. No substantive 

changes were made, but the text has 

been revised for clarity and readability 

throughout the section. LSC received no 

comments on this proposal. 

List of Subjects in 45 CFR part 1640 

Fraud; Grant programs—law; Legal 

services. 

For the reasons stated in the 

preamble, the Legal Services 

Corporation revises 45 CFR part 1640 to 

read as follows: 

PART 1640—APPLICATION OF 

FEDERAL LAW TO LSC RECIPIENTS 

Sec. 

1640.1 Purpose. 

1640.2 Applicable Federal laws. 

1640.3 Contractual agreement. 

1640.4 Violation of agreement. 

Authority: 42 U.S.C. 2996e(g). 

§ 1640.1 Purpose. 

The purpose of this part is to ensure 

that recipients use their LSC funds in 

accordance with Federal law related to 

the proper use of Federal funds. This 

part also provides notice to recipients of 

the consequences of a violation of such 

Federal laws by a recipient, its 

employees or board members. 

§ 1640.2 Applicable federal laws. 

(a) LSC will maintain an exhaustive 

list of applicable Federal laws relating 

to the proper use of Federal funds on its 

Web site and provide recipients with a 

link to the list in the contractual 

agreement. The list may be modified 

with the approval of the Corporation’s 

Board of Directors at a public meeting. 

LSC will provide recipients with notice 

when the list is modified. 

(b) For the purposes of this part and 

the laws referenced in paragraph (a) of 

this section, LSC is considered a Federal 

agency and a recipient’s LSC funds are 

considered Federal funds provided by 

grant or contract. 

§ 1640.3 Contractual agreement. 

As a condition of receiving LSC 

funds, a recipient must enter into a 

written agreement with the Corporation 

that, with respect to its LSC funds, will 

subject the recipient to the applicable 

Federal laws relating to the proper use 

of Federal funds. The agreement must 

include a statement that all of the 

recipient’s employees and board 

members have been informed of such 

Federal law and of the consequences of 

a violation of such law, both to the 

recipient and to themselves as 

individuals. 

§ 1640.4 Violation of agreement. 

(a) LSC will determine that a recipient 

has violated the agreement described in 

§ 1640.3 when the recipient has been 

convicted of, or judgment has been 

entered against the recipient for, a 

violation of an applicable Federal law 

relating to the proper use of Federal 

funds with respect to its LSC grant or 

contract, by the court having 

jurisdiction of the matter, and any 

appeals of the conviction or judgment 

have been exhausted or the time for 

appeal has expired. 

(b) A violation of the agreement by a 

recipient based on recipient conduct 

will result in the Corporation 

terminating the recipient’s LSC grant or 

contract without need for a termination 

hearing. While an appeal of a conviction 

or judgment is pending, the Corporation 

may take any necessary steps to 

safeguard its funds. 

(c) LSC will determine that the 

recipient has violated the agreement 

described in § 1640.3 when an employee 

or board member of the recipient has 

been convicted of, or judgment has been 

entered against the employee or board 

member for, a violation of an applicable 

Federal law relating to the proper use of 

Federal funds with respect to the 

recipient’s grant or contract with LSC, 

by the court having jurisdiction of the 

matter, and any appeals of the 

conviction or judgment have been 

exhausted or the time for appeal has 

expired, and the Corporation finds that 

the recipient has knowingly or through 

gross negligence allowed the employee 

or board member to engage in such 

activities. 

(d) A violation of the agreement by 

the recipient based on employee or 

board member conduct will result in the 

Corporation terminating the recipient’s 

LSC grant or contract. Prior to 

termination, the Corporation will 

provide notice and an opportunity to be 

heard for the sole purpose of 

determining whether the recipient 

knowingly or through gross negligence 

allowed the employee or board member 

to engage in the activities leading to the 

conviction or judgment. While an 

appeal of a conviction or judgment or a 

hearing is pending, the Corporation may 

take any necessary steps to safeguard its 

funds. 

Dated: April 15, 2015. 

Stefanie K. Davis, 

Assistant General Counsel. 

[FR Doc. 2015–08974 Filed 4–17–15; 8:45 am] 

BILLING CODE 7050–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

[Docket Number DARS–2015–0018] 

48 CFR Parts 205, 206, 208, 210, 213, 

215, and 216 

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 April 20, 2015. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Directs contracting officers to 

additional procedures and guidance by 

adding references at— 

• DFARS 205.205.205–71 to DFARS 

Procedures, Guidance and Information 

(PGI) 206.302–1(d); 

• DFARS 206.000 to PGI 206.000; 

• DFARS 206.302–1(d) to PGI 

206.302–1(d); 

• DFARS 206.303–2 to PGI 206.303– 

2(b)(i); 

• DFARS 206.304(a)(S–70) to PGI 

206.304(a)(S–70); 

• DFARS 208.405–6 to PGI 208.405– 

6; 

• DFARS 210.002 to PGI 

210.002(e)(ii); 

• DFARS 213.104 to PGI 213.104; 

• DFARS 213.500–70 to PGI 215.371– 

2; 

• DFARS 213.501 to PGI 

206.304(a)(S–70); 

• DFARS 215.371–2 to PGI 215.371– 

2; and 

• DFARS 216.505(b)(2) to PGI 

216.505(b)(2). 

2. Revises paragraph structure of 

sections 210.002 and 215.371–2. 

List of Subjects in 48 CFR Parts 205, 

206, 208, 210, 213, 215, and 216 

Government procurement. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 80, No. 75 / Monday, April 20, 2015 / Rules and Regulations 21657 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 205, 206, 208, 

210, 213, 215, and 216 are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 205, 208, 210, 213, 215, and 216 

continues to read as follows: 

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

chapter 1. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 2. Add section 205.205–71 to read as 

follows: 

205.205–71 Only one responsible source. 

Follow the procedures at PGI 

206.302–1(d) prior to soliciting a 

proposal without providing for full and 

open competition under the authority at 

FAR 6.302–1. 

PART 206—COMPETITION 

REQUIREMENTS 

■ 3. Revise the authority citation for 48 

CFR part 206 to read as follows: 

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

chapter 1. 

■ 4. Add section 206.000 to read as 

follows: 

206.000 Scope of part. 

For information on the various 

approaches that may be used to 

competitively fulfill DoD requirements, 

see PGI 206.000. 

■ 5. Amend section 206.302–1 by 

adding paragraph (d) to read as follows: 

206.302–1 Only one responsible source 

and no other supplies or services will 

satisfy agency requirements. 

* * * * * 

(d) Limitations. Follow the procedures 

at PGI 206.302–1(d) prior to soliciting a 

proposal without providing for full and 

open competition under this authority. 

■ 6. Add section 206.303–2 to read as 

follows: 

206.303–2 Content. 

(b)(i) Include the information required 

by PGI 206.303–2(b)(i) in justifications 

citing the authority at FAR 6.302–1. 

■ 7. Amend section 206.304(a) by 

adding a new paragraph (S–70) to read 

as follows: 

206.304 Approval of the justification. 

(a)(4) * * * 

(S–70) For a noncompetitive followon acquisition to a previous award for 

the same supply or service supported by 

a justification for other than full and 

open competition citing the authority at 

FAR 6.302–1, follow the procedures at 

PGI 206.304(a)(S–70). 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 8. Add section 208.405–6 to read as 

follows: 

208.405–6 Limiting sources. 

For an order or blanket purchase 

agreement (BPA) exceeding the 

simplified acquisition threshold that is 

a follow-on to an order or BPA for the 

same supply or service previously 

issued based on a limiting sources 

justification citing the authority at FAR 

8.405–6(a)(1)(i)(B) or (C), follow the 

procedures at PGI 208.405–6. 

PART 210—MARKET RESEARCH 

■ 9. Revise section 210.002 to read as 

follows: 

210.002 Procedures. 

(e)(i) When contracting for services, 

see PGI 210.070 for the ‘‘Market 

Research Report Guide for Improving 

the Tradecraft in Services Acquisition’’. 

(ii) See PGI 210.002(e)(ii) regarding 

potential offerors that express an 

interest in an acquisition. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 10. Add section 213.104 to read as 

follows: 

213.104 Promoting competition. 

For information on the various 

approaches that may be used to 

competitively fulfill DoD requirements, 

see PGI 213.104. 

■ 11. Add subpart 213.5 to read as 

follows: 

Subpart 213.5—Test Program for Certain 

Commercial Items 

Sec. 

213.500–70 Only one offer. 

213.501 Special documentation 

requirement. 

Subpart 213.5—Test Program for 

Certain Commercial Items 

213.500–70 Only one offer. 

If only one offer is received in 

response to a competitive solicitation 

issued using simplified acquisition 

procedures authorized under FAR 

subpart 13.5, follow the procedures at 

PGI 215.371–2. 

213.501 Special documentation 

requirements. 

(a) Sole source (including brand 

name) acquisitions. For noncompetitive 

follow-on acquisitions of supplies or 

services previously awarded on a 

noncompetitive basis, include the 

additional documentation required by 

PGI 206.303–2(b)(i) and follow the 

procedures at PGI 206.304(a)(S–70). 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 12. Revise 215.371–2 to read as 

follows: 

215.371–2 Promote competition. 

Except as provided in sections 

215.371–4 and 215.371–5— 

(a) If only one offer is received when 

competitive procedures were used and 

the solicitation allowed fewer than 30 

days for receipt of proposals, the 

contracting officer shall— 

(1) Consult with the requiring activity 

as to whether the requirements 

document should be revised in order to 

promote more competition (see FAR 

6.502(b) and 11.002); and 

(2) Resolicit, allowing an additional 

period of at least 30 days for receipt of 

proposals; and 

(b) For competitive solicitations in 

which more than one potential offeror 

expressed an interest in an acquisition, 

but only one offer was ultimately 

received, follow the procedures at PGI 

215.371–2. 

PART 216—TYPES OF CONTRACTS 

216.505 [Amended] 

■ 13. Amend section 216.505 by adding 

paragraph (b)(2) to read as follows: 

216.505 Ordering. 

* * * * * 

(b)(2) Exceptions to the fair 

opportunity process. For an order 

exceeding the simplified acquisition 

threshold, that is a follow-on to an order 

previously issued for the same supply or 

service based on a justification for an 

exception to fair opportunity citing the 

authority at FAR 16.505(b)(2)(i)(B) or 

(C), follow the procedures at PGI 

216.505(b)(2). 

[FR Doc. 2015–08975 Filed 4–17–15; 8:45 am] 

BILLING CODE 5001–06–P 

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