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[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Proposed Rules]
[Pages 13604-13606]
From the Federal Register Online via the Government Printing 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: dfars@osd.mil. 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]
BILLING CODE 5001-06-P
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