58152 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

only the clause with its Alternate I will 

accomplish the purpose of this case. 

No comments were received from 

small entities on this rule. 

V. Paperwork Reduction Act. 

The final 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 215 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 215 is 

amended as follows: 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for 48 CFR 

part 215 continues to read as follows: 

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

chapter 1. 

■ 2. Section 215.209 is added as follows: 

215.209 Solicitation provisions and 

contract clauses. 

(a) For source selections when the 

procurement is $100 million or more, 

contracting officers should use the 

provision at FAR 52.215–1, Instructions 

to Offerors—Competitive Acquisition, 

with its Alternate I. 

■ 3. Section 215.306 is added as follows: 

215.306 Exchanges with offerors after 

receipt of proposals. 

(c) Competitive range. 

(1) For acquisitions with an estimated 

value of $100 million or more, 

contracting officers should conduct 

discussions. Follow the procedures at 

FAR 15.306(c) and (d). 

[FR Doc. 2011–23949 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217 and 241 

RIN 0750–AG89 

Defense Federal Acquisition 

Regulation Supplement; Multiyear 

Contracting (DFARS Case 2009–D026) 

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 update and clarify the 

requirements for multiyear contracting. 

DATES: Effective date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone (703) 602– 

8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This DFARS case was initiated by 

DoD to perform a comprehensive review 

of DFARS subpart 217.1, Multiyear 

Contracting. On March 2, 2011, the DoD 

published a proposed rule to update and 

clarify the requirements relating to 

multiyear contracting. This final rule 

reorganizes and updates existing 

coverage for multiyear acquisitions. 

A minor editorial change was made to 

the final rule at DFARS 217.170 to 

remove the redundant introductory 

sentence that had been proposed at 

217.170(a) and to revert to the original 

paragraph numbering of this section. At 

DFARS 217.172(f)(1), the references to 

217.172(g)(4) and (5) were corrected to 

refer to 217.172(g)(3) and (4). Coverage 

at 217.175 was renumbered to 217.174 

to follow in sequence, and this required 

a reference citation change at 241.103. 

No changes to existing DoD policy, 

including implementation of any 

statutorily mandated acquisition-related 

thresholds, are being made in this 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, is 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 certifies that this rule will not 

have a significant economic impact 

upon a substantial number of small 

entities within the meaning of the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., because the rule does not change 

the existing requirements of subpart 

217.1. Furthermore, these requirements 

are primarily internal procedures for 

DoD. No comments were received from 

small entities concerning the existing 

regulations in subparts affected by this 

rule in accordance with 5 U.S.C. 610. 

IV. Paperwork Reduction Act 

This rule does not impose 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 217 and 

241: 

Government procurement. 

Mary Overstreet 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 217 and 241 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 217 and 241 continues to read as 

follows: 

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

chapter 1. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 2. Section 217.170 is amended by— 

■ a. Amending paragraph (a), by 

removing ‘‘Section’’ and adding in its 

place ‘‘section’’ and removing ‘‘Public 

Law 105–56’’ and adding in its place 

‘‘Pub. L. 105–56,’’; 

■ b. Amending paragraph (b), by 

removing ‘‘217.172(f)(2)’’ and adding in 

its place ‘‘217.172(g)(2)’’; 

■ c. Amending paragraph (c) by 

removing ‘‘Section’’ and adding in its 

place ‘‘section’’ and removing ‘‘Public 

Law 105–56’’ and adding in its place 

‘‘Pub. L. 105–56,’’; 

■ d. Amending paragraph (c) by 

removing in the listing of references ‘‘;’’ 

in two places and adding in its place 

‘‘,’’; and 

■ e. Revising paragraph (e) to read as 

follows: 

217.170 General. 

* * * * * 

(e)(1) DoD must provide notification 

to the congressional defense committees 

at least 30 days before entering into a 

multiyear contract for certain 

procurements, including those expected 

to— 

(i) Employ an unfunded contingent 

liability in excess of $20 million (see 10 

U.S.C. 2306b(l)(1)(B)(i)(II), 10 U.S.C. 

2306c(d)(1), and section 8008(a) of 

Pub. L. 105–56 and similar sections in 

subsequent DoD appropriations acts); 


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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58153 

(ii) Employ economic order quantity 

procurement in excess of $20 million in 

any one year of the contract (10 U.S.C. 

2306b(l)(1)(B)(i)(I)); 

(iii) Involve a contract for advance 

procurement leading to a multiyear 

contract that employs economic order 

quantity procurement in excess of 

$20 million in any one year (see 10 

U.S.C. 306b(l)(1)(B)(ii) and section 

8008(a) of Pub. L. 105–56 and similar 

sections in subsequent DoD 

appropriations acts); or 

(iv) Include a cancellation ceiling in 

excess of $100 million (see 10 U.S.C. 

2306c(d)(4), 10 U.S.C. 2306b(g), and 

section 8008(a) of Pub. L. 105–56 and 

similar sections in subsequent DoD 

appropriations acts). 

(2) A DoD component must submit a 

request for authority to enter into a 

multiyear contract described in 

paragraphs (e)(1)(i) through (iv) of this 

section as part of the component’s 

budget submission for the fiscal year in 

which the multiyear contract will be 

initiated. DoD will include the request, 

for each candidate it supports, as part of 

the President’s budget for that year and 

in the Appendix to that budget as part 

of proposed legislative language for the 

appropriations bill for that year (section 

8008(b) of Pub. L. 105–56). 

(3) If the advisability of using a 

multiyear contract becomes apparent 

too late to satisfy the requirements in 

paragraph (e)(2) of this section, the 

request for authority to enter into a 

multiyear contract must be— 

(i) Formally submitted by the 

President as a budget amendment; or 

(ii) Made by the Secretary of Defense, 

in writing, to the congressional defense 

committees (see section 8008(b) of 

Pub. L. 105–56). 

(4) Agencies must establish reporting 

procedures to meet the congressional 

notification requirements of paragraph 

(e)(1) of this section. The head of the 

agency must submit a copy of each 

notice to the Director of Defense 

Procurement and Acquisition Policy, 

Office of the Under Secretary of Defense 

(Acquisition, Technology, and Logistics) 

(OUSD(AT&L)DPAP), and to the Deputy 

Under Secretary of Defense 

(Comptroller) (Program/Budget) 

(OUSD(C)(P/B)). 

(5) If the budget for a contract that 

contains a cancellation ceiling in excess 

of $100 million does not include 

proposed funding for the costs of 

contract cancellation up to the 

cancellation ceiling established in the 

contract— 

(i) The notification required by 

paragraph (e)(1) of this section shall 

include— 

(A) The cancellation ceiling amounts 

planned for each program year in the 

proposed multiyear contract, together 

with the reasons for the amounts 

planned; 

(B) The extent to which costs of 

contract cancellation are not included in 

the budget for the contract; and 

(C) A financial risk assessment of not 

including budgeting for costs of contract 

cancellation (10 U.S.C. 2306b(g) and 10 

U.S.C. 2306c(d)); and 

(ii) The head of the agency shall 

provide copies of the notification to the 

Office of Management and Budget at 

least 14 days before contract award. 

■ 3. Amend section 217.171 by— 

■ (a) Removing paragraphs (a)(4) 

through (a)(6) and paragraph (b); 

■ (c) Redesignating paragraphs (a)(2), 

(a)(2)(i), (a)(2)(ii), and (a)(2)(iii) as 

paragraphs (b), (b)(1), (b)(2), and (b)(3), 

respectively; 

■ (d) Redesignating paragraphs (a)(3), 

(a)(3)(i), (a)(3)(ii), (a)(3)(ii)(A), 

(a)(3)(ii)(B) and (a)(3)(iii) as paragraphs 

(c), (c)(1), (c)(2), (C)(2)(i), (c)(2)(ii) and 

(c)(3), respectively; and 

■ (f) Revising paragraph (a) as set forth 

below. The revision reads as follows: 

217.171 Multiyear contracts for services. 

(a) The head of the agency may enter 

into a multiyear contract for a period of 

not more than 5 years for the following 

types of services (and items of supply 

relating to such services), even though 

funds are limited by statute to obligation 

only during the fiscal year for which 

they were appropriated (10 U.S.C. 

2306c). Covered services are— 

(1) Operation, maintenance, and 

support of facilities and installations; 

(2) Maintenance or modification of 

aircraft, ships, vehicles, and other 

highly complex military equipment; 

(3) Specialized training requiring 

high-quality instructor skills (e.g., 

training for pilots and aircrew members 

or foreign language training); 

(4) Base services (e.g., ground 

maintenance, in-plane refueling, bus 

transportation, and refuse collection and 

disposal); and 

(5) Environmental remediation 

services for— 

(i) An active military installation; 

(ii) A military installation being 

closed or realigned under a base closure 

law as defined in 10 U.S.C. 2667(h)(2); 

or 

(iii) A site formerly used by DoD. 

* * * * * 

■ 4. Section 217.172 is revised to read 

as follows: 

217.172 Multiyear contracts for supplies. 

(a) This section applies to all 

multiyear contracts for supplies, 

including weapon systems and other 

multiyear acquisitions specifically 

authorized by law (10 U.S.C. 2306b). 

(b) The head of the agency may enter 

into a multiyear contract for supplies if, 

in addition to the conditions listed in 

FAR 17.105–1(b), the use of such a 

contract will promote the national 

security of the United States (10 U.S.C. 

2306b(a)(6)). 

(c) Multiyear contracts in amounts 

exceeding $500 million must be 

specifically authorized by law (10 

U.S.C. 2306b and 10 U.S.C. 2306c). A 

multiyear supply contract may be 

authorized by an appropriations act or 

a law other than an appropriations act 

(10 U.S.C. 2306b(i)(3) and (l)(3)). 

(d) The head of the agency shall not 

enter into a multiyear contract unless— 

(1) The Secretary of Defense has 

submitted to Congress a budget request 

for full funding of units to be procured 

through the contract; and 

(2) In the case of a contract for 

procurement of aircraft, the budget 

request includes full funding of 

procurement funds for production 

beyond advance procurement activities 

of aircraft units to be produced in the 

fiscal year covered by the budget. 

(e)(1) The head of the agency must not 

enter into or extend a multiyear contract 

that exceeds $500 million (when 

entered into or extended until the 

Secretary of Defense identifies the 

contract and any extension in a report 

submitted to the congressional defense 

committees (10 U.S.C. 2306b(1)(5)). 

(2) In addition, for contracts equal to 

or greater than $500 million, the head of 

the contracting activity must determine 

that the conditions required by 

paragraph (g)(2)(i) through (vii) of this 

section will be met by such contract, in 

accordance with the Secretary’s 

certification and determination required 

by paragraph (g)(2) of this section (10 

U.S.C. 2306b(a)(1)(7)). 

(f) The head of the agency may enter 

into a multiyear contract for— 

(1) A weapon system and associated 

items, services, and logistics support for 

a weapon system; and 

(2) Advance procurement of 

components, parts, and materials 

necessary to manufacture a weapon 

system, including advance procurement 

to achieve economic lot purchases or 

more efficient production rates (see 

217.172(g)(3) and (4) regarding 

economic order quantity procurements). 

Before initiating an advance 

procurement, the contracting officer 

must verify that it is consistent with 

DoD policy (e.g., the full funding policy 

in Volume 2A, chapter 1, of DoD 

7000.14–R, Financial Management 

Regulation). 


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58154 Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 

(g) The head of the agency shall 

ensure that the following conditions are 

satisfied before awarding a multiyear 

contract under the authority described 

in paragraph (b) of this section: 

(1) The multiyear exhibits required by 

DoD 7000.14–R, Financial Management 

Regulation, are included in the agency’s 

budget estimate submission and the 

President’s budget request. 

(2) The Secretary of Defense certifies 

to Congress in writing, by no later than 

March 1 of the year in which the 

Secretary requests legislative authority 

to enter into such contracts, that each of 

the conditions in paragraphs (g)(2)(i) 

through (vii) of this section is are 

satisfied (10 U.S.C. 2306b(i)(1)(A) 

through (G)). 

(i) The Secretary has determined that 

each of the requirements in FAR 17.105, 

paragraphs (b)(1) through (5) will be met 

by such contract and has provided the 

basis for such determination to the 

congressional defense committees (10 

U.S.C. 2306b(i)(1)(A)). 

(ii) The Secretary’s determination 

under paragraph (g)(2)(i) of this section 

was made after the completion of a cost 

analysis performed by the Defense Cost 

and Resource Center of the Department 

of Defense and such analysis supports 

the findings (10 U.S.C. 2306b(i)(1)(B)). 

(iii) The system being acquired 

pursuant to such contract has not been 

determined to have experienced cost 

growth in excess of the critical cost 

growth threshold pursuant to 10 USC 

2433(d) within 5 years prior to the date 

the Secretary anticipates such contract 

(or a contract for advance procurement 

entered into consistent with the 

authorization for such contract) will be 

awarded (10 U.S.C. 2306b(i)(1)(C)). 

(iv) A sufficient number of end items 

of the system being acquired under such 

contract have been delivered at or 

within the most current estimates of the 

program acquisition unit cost or 

procurement unit cost for such system 

to determine that current estimates of 

such unit costs are realistic (10 U.S.C. 

2306b(i)(1)(D)). 

(v) Sufficient funds will be available 

in the fiscal year in which the contract 

is to be awarded to perform the contract, 

and the future-years defense program for 

such fiscal year will include the funding 

required to execute the program without 

cancellation (10 U.S.C. 2306b(i)(1)(E)). 

(vi) The contract is a fixed price type 

contract (10 U.S.C. 2306b(i)(1)(F)). 

(vii) The proposed multiyear contract 

provides for production at not less than 

minimum economic rates, given the 

existing tooling and facilities. The head 

of the agency shall submit to USD(C)(P/ 

B) information supporting the agency’s 

determination that this requirement has 

been met (10 U.S.C. 2306b(i)(1)(G)). 

(viii) The head of the agency shall 

submit information supporting this 

certification to USD(C)(P/B) for 

transmission to Congress through the 

Secretary of Defense. 

(A) The head of the agency shall, as 

part of this certification, give written 

notification to the congressional defense 

committees of— 

(1) The cancellation ceiling amounts 

planned for each program year in the 

proposed multiyear contract, together 

with the reasons for the amounts 

planned; 

(2) The extent to which costs of 

contract cancellation are not included in 

the budget for the contract; and 

(3) A financial risk assessment of not 

including the budgeting for costs of 

contract cancellation (10 U.S.C. 

2306b(g)); and 

(B) The head of the agency shall 

provide copies of the notification to the 

Office of Management and Budget at 

least 14 days before contract award. 

(3) The contract is for the 

procurement of a complete and usable 

end item (10 U.S.C. 2306b(i)(4)(A)). 

(4) Funds appropriated for any fiscal 

year for advance procurement are 

obligated only for the procurement of 

those long-lead items that are necessary 

in order to meet a planned delivery 

schedule for complete major end items 

that are programmed under the contract 

to be acquired with funds appropriated 

for a subsequent fiscal year (including 

an economic order quantity of such 

long-lead items when authorized by law 

(10 U.S.C. 2306b(i)(4)(B)). 

(5) The Secretary may make the 

certification under paragraph (g)(2) of 

this section notwithstanding the fact 

that one or more of the conditions of 

such certification are not met if the 

Secretary determines that, due to 

exceptional circumstances, proceeding 

with a multiyear contract under this 

section is in the best interest of the 

Department of Defense and the 

Secretary provides the basis for such 

determination with the certification (10 

U.S.C. 2306b(i)(5)). 

(6) The Secretary of Defense may not 

delegate this authority to make the 

certification under paragraph (g)(2) of 

this section or the determination under 

paragraph (g)(5) of this section to an 

official below the level of the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics (10 U.S.C. 

2306b(i)(6)). 

(7) The Secretary of Defense shall 

send a notification containing the 

findings of the agency head under FAR 

17.105–1(b), and the basis for such 

findings, 30 days prior to the award of 

a multiyear contract or a defense 

acquisition program that has been 

specifically authorized by law to the 

congressional defense committees (10 

U.S.C. 2306b(i)(7)). 

(8) All other requirements of law are 

met and there are no other statutory 

restrictions on using a multiyear 

contract for the specific system or 

component (10 U.S.C. 2306b(i)(2)). One 

such restriction may be the achievement 

of specified cost savings. If the agency 

finds, after negotiations with the 

contractor(s), that the specified savings 

cannot be achieved, the head of the 

agency shall assess the savings that, 

nevertheless, could be achieved by 

using a multiyear contract. If the savings 

are substantial, the head of the agency 

may request relief from the law’s 

specific savings requirement. The 

request shall— 

(i) Quantify the savings that can be 

achieved; 

(ii) Explain any other benefits to the 

Government of using the multiyear 

contract; 

(iii) Include details regarding the 

negotiated contract terms and 

conditions; and 

(iv) Be submitted to 

OUSD(AT&L)DPAP for transmission to 

Congress via the Secretary of Defense 

and the President. 

(h) The Secretary of Defense may 

instruct the head of the agency 

proposing a multiyear contract to 

include in that contract negotiated 

priced options for varying the quantities 

of end items to be procured over the life 

of the contract (10 U.S.C. 2306b(j)). 

■ 5. Section 217.173 is revised to read 

as follows: 

217.173 Multiyear contracts for military 

family housing. 

The head of the agency may enter into 

multiyear contracts for periods up to 4 

years for supplies and services required 

for management, maintenance, and 

operation of military family housing and 

may pay the costs of such contracts for 

each year from annual appropriations 

for that year (10 U.S.C. 2829). 

217.174 [Removed] 

■ 6. Section 217.174 is removed. 

■ 7. Section 217.175 is redesignated as 

217.174 and the newly redesignated 

section 217.174 paragraph (b) is revised 

as set forth below. 

217.174 Multiyear contracts for electricity 

from renewable energy sources. 

* * * * * 

(b) Limitations. The head of the 

contracting activity may exercise the 

authority in paragraph (a) of this section 

to enter into a contract for a period in 


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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations 58155 

excess of 5 years only if the head of the 

contracting activity determines, on the 

basis of a business case analysis (see PGI 

217.174 for a business case analysis 

template and guidance) prepared by the 

requiring activity, that— 

(1) The proposed purchase of 

electricity under such contract is cost 

effective; and 

(2) It would not be possible to 

purchase electricity from the source in 

an economical manner without the use 

of a contract for a period in excess of 5 

years. 

* * * * * 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

■ 8. Section 241.103 paragraph (2) is 

revised to read as follows: 

241.103 Statutory and delegated authority. 

* * * * * 

(2) See 217.174 for authority to enter 

into multiyear contracts for electricity 

from renewable energy sources. 

* * * * * 

[FR Doc. 2011–23963 Filed 9–19–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 236 

RIN 0750–AG91 

Defense Federal Acquisition 

Regulation Supplement; Construction 

and Architect-Engineer Services 

Performance Evaluation (DFARS Case 

2010–D024) 

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 the requirement to 

use DoD-unique forms to prepare 

contractor performance evaluations for 

construction and architect-engineer 

services. 

DATES: Effective Date: September 20, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, telephone, (703) 

602–8383. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule removes the requirement to 

use DoD-unique forms to document 

contractor past performance for 

construction and Architect-Engineer 

services. On April 19, 2011, DoD 

published a proposed rule in the 

Federal Register at 75 FR 21851 to 

delete outdated procedures and 

references to obsolete DD forms. No 

public comments were received in 

response to the proposed rule. 

One editorial change is being made to 

the final rule. The references to ‘‘A–E’’ 

are revised to read ‘‘architect-engineer’’ 

in sections 236.102, 236.602–70, 

236.606–70, and in 236.609–70. 

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, is 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. 

DoD is amending the DFARS to reflect 

the current automated process being 

used by and delete outdated procedures 

and references to obsolete DD forms. 

The objective of this rule is to remove 

the requirement to use DD Form 2626, 

Performance Evaluation (Construction), 

and DD Form 2631, Performance 

Evaluation (Architect-Engineer), to 

evaluate contractor performance. 

The Contractor Performance 

Assessment Report System (CPARS) is 

now the Governmentwide system for 

electronically collecting past 

performance data; there is no need to 

specify separate DoD forms to collect 

the data. Accordingly, this rule removes 

the requirement to use DD forms 2626 

and 2631 from the DFARS. 

On April 19, 2011, DoD published a 

proposed rule at 75 FR 21851. The 

period for public comments closed on 

June 20, 2011. DoD made no changes to 

the proposed rule because public 

comments were not received in 

response to the initial regulatory 

flexibility analysis. 

There are no reporting, recordkeeping, 

or other compliance requirements 

associated with this rule. Thus, there are 

no professional skills necessary on the 

part of small businesses. In a like 

manner, there are no direct costs to 

small entities to comply with this rule 

other than the cost of internet access 

should small entities choose to 

comment on their past performance 

evaluation entered into CPARS by 

Government personnel. 

There are no known relevant Federal 

rules that may duplicate, overlap or 

conflict with this rule. Instead, the rule 

aligns the DFARS to the Federal 

Acquisition Regulation (FAR) ensuring 

that agencies submit past performance 

reports electronically per FAR 42.15 

eliminating the need for paper reports. 

No mitigation steps were taken, since 

the rule does not have a significant 

adverse economic impact on small 

entities. 

IV. Paperwork Reduction Act 

This rule does not impose 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 236 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 236 is 

amended as follows: 

PART 236—CONSTRUCTION AND 

ARCHITECT–ENGINEER CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 236 continues to read as follows: 

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

chapter 1. 

236.102 [Amended] 

■ 2. Amend section 236.102 by— 

■ (a) Removing paragraph designations 

(1) through (4); 

■ (b) Redesignating paragraphs (i) and 

(ii) in the definitions of ‘‘Construction 

activity’’ as paragraphs (1) and (2); and 

■ (c) Removing the definition of ‘‘A–E’’. 

236.201 [Removed] 

■ 3. Section 236.201 is removed. 

236.602–70 [Amended] 

■ 4. Amend section 236.602–70 by 

removing ‘‘A–E’’ and adding in its place 

‘‘architect-engineer’’. 

■ 5. Revise section 236.604 to read as 

follows: 


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