30656 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 

■ ii. In paragraph (a), adding the 

definition of ‘‘Subcontract’’ in 

alphabetical order; and 

■ iii. In paragraph (h), adding a new 

paragraph heading. 

■ e. In Alternate II— 

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

2014)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ ii. In paragraph (a), adding the 

definition of ‘‘Subcontract’’ in 

alphabetical order; and 

■ iii. In paragraph (h), adding a new 

paragraph heading. 

The additions read as follows: 

252.247–7023 Transportation of Supplies 

by Sea. 

* * * * * 

(a) * * * 

Subcontract means any contract, as 

defined in FAR subpart 2.1, entered into 

by a subcontractor to furnish supplies or 

services for performance of a prime 

contract or a subcontract. The term— 

(1) Includes a transfer of commercial 

items between divisions, subsidiaries, or 

affiliates of a contractors or 

subcontractor; and 

(2) Does not include agreements 

entered into by a contractor for the 

supply of commodities that are intended 

for use in the performance of multiple 

contracts with the Department of 

Defense and other parties and are not 

identifiable to any particular contract. 

* * * * * 

(h) Subcontracts. * * * 

* * * * * 

Alternate I. * * * 

* * * * * 

(a) * * * 

Subcontract means any contract, as 

defined in FAR subpart 2.1, entered into 

by a subcontractor to furnish supplies or 

services for performance of a prime 

contract or a subcontract. The term— 

(1) Includes a transfer of commercial 

items between divisions, subsidiaries, or 

affiliates of a contractors or 

subcontractor; and 

(2) Does not include agreements 

entered into by a contractor for the 

supply of commodities that are intended 

for use in the performance of multiple 

contracts with the Department of 

Defense and other parties and are not 

identifiable to any particular contract. 

(10 U.S.C. 2375(c)(3)) 

* * * * * 

(h) Subcontracts. * * * 

* * * * * 

Alternate II. * * * 

* * * * * 

(a) * * * 

Subcontract means any contract, as 

defined in FAR subpart 2.1, entered into 

by a subcontractor to furnish supplies or 

services for performance of a prime 

contract or a subcontract. The term— 

(1) Includes a transfer of commercial 

items between divisions, subsidiaries, or 

affiliates of a contractors or 

subcontractor; and 

(2) Does not include agreements 

entered into by a contractor for the 

supply of commodities that are intended 

for use in the performance of multiple 

contracts with the Department of 

Defense and other parties and are not 

identifiable to any particular contract. 

(10 U.S.C. 2375(c)(3)) 

* * * * * 

(h) Subcontracts. * * * 

* * * * * 

[FR Doc. 2018–14043 Filed 6–28–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215 and 252 

[Docket DARS–2018–0008] 

RIN 0750–AJ19 

Defense Federal Acquisition 

Regulation Supplement: Only One 

Offer (DFARS Case 2017–D009) 

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 

partially implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2017 to address the 

requirement for certification of cost or 

pricing data and potential submission of 

additional certified cost or pricing data 

when only one offer is received in 

response to a competitive solicitation. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

August 28, 2018, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2017–D009, 

using any of the following methods: 

Æ Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for 

‘‘DFARS Case 2017–D009.’’ Select 

‘‘Comment Now’’ and follow the 

instructions provided to submit a 

comment. Please include ‘‘DFARS Case 

2017–D009’’ on any attached document. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2017–D009 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP/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 2 to 3 days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to partially implement section 822 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2017 (Pub. 

L. 114–328) to (1) address the potential 

requirement for certification of cost or 

pricing data and potential requirement 

for additional certified cost or pricing 

data when only one offer is received in 

response to a competitive solicitation 

and (2) make prime contractors 

responsible for determining whether a 

subcontract qualifies for an exception 

from the requirement for submission of 

certified cost based on adequate price 

competition. This DFARS rule 

supplements the rule proposed under 

FAR Case 2017–006, Exception from 

Certified Cost or Pricing Data 

Requirements-Adequate Price 

Competition, which proposes to modify 

the standards for adequate price 

competition at FAR 15.403–1(c) for 

DoD, NASA, and the Coast Guard (83 FR 

27303, June 12, 2018). Section 822 

requires that for DoD, NASA, and the 

Coast Guard, adequate price 

competition requires a price that is 

based on adequate competition that 

results in at least two or more 

responsive and viable offers from 

independently competing offerors. 

II. Discussion and Analysis 

A. Current DFARS 

DoD published a final rule in the 

Federal Register on June 29, 2012 (77 

FR 39126) to address acquisitions using 

competitive procedures in which only 

one offer is received (DFARS Case 

2011–D013). That rule was initiated to 

implement one of the aspects of the 

initiative on promoting real competition 

that was presented by the Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics in the 


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Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 30657 

November 3, 2010, memorandum 

entitled, ‘‘Implementation Directive for 

Better Buying Power—Obtaining Greater 

Efficiency and Productivity in Defense 

Spending.’’ The rule created a new 

section at DFARS 215.371 and a 

provision at DFARS 252.215–7008, both 

entitled ‘‘Only One Offer.’’ The 

provision requires that an offeror agree 

to submit additional cost or pricing data 

if the contracting officer notifies the 

offeror that only one offer was received 

in response to a solicitation, and 

additional cost or pricing data are 

required in order to determine whether 

the price is fair and reasonable or to 

comply with the statutory requirement 

for certified cost or pricing data (10 

U.S.C. 2306a and FAR 15.403–3). 

B. Proposed Changes 

1. Exception at FAR 15.403–1(b) 

Once it has been determined that only 

one offer was received, the exception to 

the requirement for certified cost or 

pricing data based on adequate price 

competition at FAR 15.403–1(b)(1) can 

no longer apply. Therefore, cross 

references to FAR 15.403–1(b) are 

limited to the other exceptions at 

paragraphs (b)(2) through (5) of that 

section (see DFARS 215.371–3(a) and (b) 

and 252.215–7008(a)(2)). 

2. Standard at FAR 15.403–1(c)(1)(ii) 

and DFARS 215.371–3(a) 

When there is a reasonable 

expectation of competition, but only one 

offer is received, FAR 15.403–1(c)(1)(ii) 

allows in limited circumstances, with 

approval at a level above the contracting 

officer, a determination that the 

proposed price was based on adequate 

price competition and was reasonable. 

Without such determination, certified 

cost or pricing data would be required 

for acquisitions that exceed the 

threshold for obtaining certified cost or 

pricing data, unless another exception at 

FAR 15.403–1(b) applies. This limited 

exception, based on a determination at 

a level above the contracting officer, is 

no longer applicable to DoD. Therefore, 

DFARS 215.371–3(a) is removed. 

3. Requirements at DFARS 215.371–3(b) 

The requirements at DFARS 215.371– 

3(b) are streamlined (proposed as 

DFARS 215.371–3(a) through (d)), with 

additional emphasis on the requirement 

to obtain certified cost or pricing data 

when only one offer is received. The 

introductory text is also revised to 

exempt contracts valued at or below 

simplified acquisition threshold. 

4. Prescriptions at DFARS 215.408 

The prescription at DFARS 

215.408(3)(i) for DFARS provision 

252.215–7008 is also being revised to 

exempt contracts valued at or below 

simplified acquisition threshold and 

remove the reference to the exceptions 

at DFARS 215.371–4(a), which are not 

applicable to the requirement to obtain 

certified cost or pricing data. In 

addition, paragraph (3)(ii) of the 

prescription is removed; the 

requirement to use the provision at 

DFARS 252.215–7010 (previously FAR 

52.215–20) in solicitations that include 

DFARS 252.215–7008 is relocated to the 

prescription for DFARS 252.215–7010 at 

DFARS 215.408(5). 

5. Streamlining DFARS 252.215–7008 

DFARS provision 252.215–7008 

covers the requirements for when only 

one offer is received in response to a 

DoD solicitation, but also contains much 

of the same text as FAR provision 

52.215–20, Requirements for Certified 

Cost or Pricing Data and Data Other 

Than Certified Cost or Pricing Data, 

because this provision was prescribed 

for use in lieu of the FAR provision. 

However, on January 31, 2018, DoD 

published a final rule in the Federal 

Register (83 FR 4431) under DFARS 

Case 2016–D006, Procurement of 

Commercial Items, which prescribes the 

use of a new DFARS provision 252.215– 

7010, Requirement for Certified Cost or 

Pricing Data and Data Other than 

Certified Cost or Pricing Data (Basic and 

Alternate), in lieu of the provisions at 

FAR 52.215–20, of the same title. 

DFARS 252.215–7010 now also contains 

much of the same text as FAR 52.215– 

20, as well as DoD specific requirements 

based on statute. Since DFARS 252.215– 

7010 is always used when 252.215–7008 

is included in a solicitation, DFARS 

252.215–7008 is streamlined to only 

address requirements for when only one 

offer is received in response to a DoD 

solicitation by removing all text now 

covered by DFARS 252.215–7010. 

6. Responsibility of Offeror With Regard 

to Subcontractors 

In addition, a new paragraph is added 

to DFARS 252.215–7010 (basic and 

alternate), to state that the offeror is 

responsible for determining whether a 

subcontractor qualifies for an exception 

from the requirement for submission of 

certified cost on the basis of adequate 

price competition. 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Items, Including Commercially 

Available Off-the-Shelf (COTS) Items 

This rule does not create a new 

provision, but amends the existing 

provisions at DFARS 252.215–7008 and 

252.215–7010. Although the existing 

provisions apply to solicitations for the 

acquisition of commercial items 

(including COTS items), the changes 

due to this rule do not impact the 

acquisition of commercial item, 

including COTS items, because the rule 

retains the exceptions to the 

requirements for certified cost or pricing 

data relating to acquisition of 

commercial items. In addition, DFARS 

252.215–7010 already applies to 

contracts valued at or below the SAT, 

while DFARS 252.215–7008 does not. 

IV. 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, 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. 

V. Executive Order 13771 

This final rule is not subject to E.O. 

13771, Reducing Regulation and 

controlling Regulatory Costs, because 

this rule is not a significant regulatory 

action 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. However, an initial regulatory 

flexibility analysis has been prepared 

and is summarized as follows: 

The reason for this rule is to further 

implement section 822 of the National 

Defense Authorization Act for Fiscal 

Year 2017 (Pub. L. 114–328) to (1) 

address the potential requirement for 

certified cost or pricing data when only 

one offer is received in response to a 

competitive solicitation, if no other 

exception to the requirements for 

certified cost or pricing data applies; 

and (2) make prime contractors 

responsible for determining whether a 

subcontract qualifies for an exception 

from the requirement for submission of 

certified cost based on adequate price 

competition. This DFARS rule 


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30658 Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 

supplements the rule proposed by DoD, 

GSA, and NASA under FAR Case 2017– 

006, which proposes to modify the 

standards for adequate price 

competition at FAR 15.403–1(c) for 

DoD, NASA, and the Coast Guard. 

The objective of this rule is to 

implement the new and more restrictive 

standard for ‘‘adequate price 

competition’’ as the basis for an 

exception to the requirement to provide 

certified cost or pricing data. The 

statutory basis is 10 U.S.C. 2306a, as 

amended by section 822 of the NDAA 

for FY 2017. DoD will now be required 

to obtain certified cost or pricing data 

from an offeror when only one offer is 

received and no other exception applies. 

According to data for FY 2016 from 

the Federal Procurement Data System, 

there were 918 noncommercial, 

competitive new DoD awards valued at 

greater than $750,000 (the certified cost 

or pricing data threshold) that were 

awarded on the basis of a solicitation 

that received only one offer. Of the 918 

awards, 549 were awarded to small 

businesses (428 unique small entities). 

DoD estimates that of these awards, all 

would require certification under the 

new rule, and might also require 

submission of additional data. With 

regard to subcontracts, DoD estimates 

that when certification or additional 

certified cost or pricing data are 

requested from the prime contractor, 

1386 subcontract awards may be 

affected, of which 1,505 are awarded to 

small businesses (1,141 unique small 

entities). In addition, DoD awarded 839 

negotiated contracts and orders valued 

as more than $750,000, for which 

certified cost or pricing data were 

required. DoD estimates that for each 

prime contractor providing certified cost 

or pricing data, there may be an average 

of one additional competitive 

subcontract for which certified cost or 

pricing data will now be required 

because there is only one offer on that 

subcontract. DoD estimated that 703 of 

those subcontracts are awarded to small 

businesses (504 unique small entities). 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

DoD was unable to identify any 

alternatives that would reduce burden 

on small business and still meet the 

requirements of the statute. Impact on 

small businesses is lessened because the 

requirement for certified cost or pricing 

data only applies to acquisitions that 

exceed $750,000 and there is an 

exception for the acquisition of 

commercial items, including COTS 

items. 

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 2017–D009), in 

correspondence. 

VIII. Paperwork Reduction Act 

The rule contains 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). 

Accordingly, DoD has submitted a 

request for approval of a new 

information collection requirement 

concerning Only One Offer (DFARS 

Case 2017–D009) to the Office of 

Management and Budget. 

A. Public Reporting Burden. Public 

reporting burden for this collection of 

information is estimated to average 

about 37.7 hours per response, 

including the time for reviewing 

instructions, searching existing data 

sources, gathering and maintaining the 

data needed, and completing and 

reviewing the collection of information. 

The annual reporting burden 

estimated as follows: 

Respondents: 2,079. 

Responses per respondent: 1.73, 

approximately. 

Total annual responses: 3,593. 

Preparation hours per response: 37.7 

hours, approximately. 

Total response Burden Hours: 

135,330. 

B. Request for Comments Regarding 

Paperwork Burden. 

Written comments and 

recommendations on the proposed 

information collection, including 

suggestions for reducing this burden, 

should be sent to Ms. Jasmeet Seehra at 

the Office of Management and Budget, 

Desk Officer for DoD, Room 10236, New 

Executive Office Building, Washington, 

DC 20503, or email Jasmeet_K._Seehra@

omb.eop.gov, with a copy to the Defense 

Acquisition Regulations System, Attn: 

Ms. Amy G. Williams, 

OUSD(AT&L)DPAP/DARS, Room 

3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Comments can be received from 30 to 60 

days after the date of this notice, but 

comments to OMB will be most useful 

if received by OMB within 30 days after 

the date of this notice. 

Public comments are particularly 

invited on: Whether this collection of 

information is necessary for the proper 

performance of functions of the DFARS, 

and will have practical utility; whether 

our estimate of the public burden of this 

collection of information is accurate, 

and based on valid assumptions and 

methodology; ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and ways in 

which we can minimize the burden of 

the collection of information on those 

who are to respond, through the use of 

appropriate technological collection 

techniques or other forms of information 

technology. 

To request more information on this 

proposed information collection or to 

obtain a copy of the proposal and 

associated collection instruments, 

please write to the Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, OUSD(AT&L)DPAP/DARS, 

Room 3B941, 3060 Defense Pentagon, 

Washington, DC 20301–3060, or email 

osd.dfars@mail.mil. Include DFARS 

Case 2017–D009 in the subject line of 

the message. 

List of Subjects in 48 CFR Parts 215 and 

252 

Government procurement. 

Amy G. Williams, 

Deputy, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 215 and 252 

are proposed to be amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 215 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 2. Revise section 215.371–3 to read as 

follows: 

215.371–3 Fair and reasonable price and 

the requirement for additional cost or 

pricing data. 

For acquisitions that exceed the 

simplified acquisition threshold, if only 

one offer is received when competitive 

procedures were used and it is not 

necessary to resolicit in accordance with 

215.371–2(a), then— 

(a) If no additional cost or pricing data 

are required to determine through cost 

or price analysis that the offered price 

is fair and reasonable, the contracting 

officer shall require that any cost or 

pricing data provided in the proposal be 

certified if the acquisition exceeds the 

certified cost or pricing data threshold 

and an exception to the requirement for 

certified cost or pricing data at FAR 

15.403–1(b)(2) through (5) does not 

apply. 

(b) Otherwise, the contracting officer 

shall obtain additional cost or pricing 


sradovich on DSK3GMQ082PROD with PROPOSALS
Federal Register / Vol. 83, No. 126 / Friday, June 29, 2018 / Proposed Rules 30659 

data to determine a fair and reasonable 

price. If the acquisition exceeds the 

certified cost or pricing data threshold 

and an exception to the requirement for 

certified cost or pricing data at FAR 

15.403–1(b)(2) through (5) does not 

apply, the cost or pricing data shall be 

certified. 

(c) If the contracting officer is still 

unable to determine that the offered 

price is fair and reasonable, the 

contracting officer shall enter into 

negotiations with the offeror to establish 

a fair and reasonable price. The 

negotiated price should not exceed the 

offered price. 

(d) If the contracting officer is unable 

to negotiate a fair and reasonable price, 

see FAR 15.405(d). 

■ 3. Amend section 215.408 by— 

■ a. Revising paragraph (3); and 

■ b. In paragraph (5) introductory text, 

removing ‘‘required’’ and adding 

‘‘required or when using the provision 

at DFARS 252.215–7008’’ in its place. 

The revision reads as follows: 

215.408 Solicitation provisions and 

contract clauses. 

* * * * * 

(3) Use the provision at 252.215–7008, 

Only One Offer, in competitive 

solicitations that exceed the simplified 

acquisition threshold, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Amend section 252.215–7008 by— 

■ a. Removing the provision date ‘‘(OCT 

2013)’’ and adding ‘‘(DATE)’’ in its 

place; 

■ b. Revising paragraph (a); 

■ c. Removing paragraphs (b) and (d); 

■ d. Redesignating paragraph (c) as 

paragraph (b); and 

■ e. Adding a new paragraph (c). 

The revision and addition read as 

follows: 

252.215–7008 Only One Offer. 

* * * * * 

(a) After initial submission of offers, 

if the Contracting Officer notifies the 

Offeror that only one offer was received, 

the Offeror agrees to— 

(1) Submit any additional cost or 

pricing data that is required in order to 

determine whether the price is fair and 

reasonable or to comply with the 

statutory requirement for certified cost 

or pricing data (10 U.S.C. 2306a and 

FAR 15.403–3); and 

(2) Except as provided in paragraph 

(b) of this provision, if the acquisition 

exceeds the certified cost of pricing data 

threshold and an exception to the 

requirement for certified cost or pricing 

data at FAR 15.403–1(b)(2) through (5) 

does not apply, certify all cost or pricing 

data in accordance with paragraph (c) of 

provision 252.215–7010, Requirements 

for Certified Cost or Pricing Data and 

Data Other Than Certified Cost or 

Pricing Data, of this solicitation. 

* * * * * 

(c) Subcontracts. Unless the Offeror is 

the Canadian Commercial Corporation, 

the Offeror shall insert the substance of 

this provision, including this paragraph 

(c), in all subcontracts exceeding the 

simplified acquisition threshold defined 

in FAR part 2. 

(End of provision) 

■ 5. Amend section 252.215–7010 by— 

■ a. In the basic provision— 

■ i. Removing the provision date of 

‘‘(JAN 2018)’’ and adding ‘‘(DATE)’’ in 

its place; 

■ ii. In paragraph (c), adding new 

paragraph (3); 

■ b. In the Alternate I clause— 

■ i. Removing the provision date of 

‘‘(JAN 2018)’’ and adding ‘‘(DATE)’’ in 

its place; and 

■ ii. In paragraph (c), adding new 

paragraph (3). 

The additions read as follows: 

252.215–7010 Requirements for Certified 

Cost or Pricing Data and Data Other Than 

Certified Cost or Pricing Data. 

* * * * * 

(c) * * * 

(3) The Offeror is responsible for 

determining whether a subcontractor 

qualifies for an exception from the 

requirement for submission of certified 

cost or pricing data on the basis of 

adequate price competition, i.e. two or 

more responsible offerors, competing 

independently, submit responsive and 

viable offers in accordance with FAR 

15.403–1(c)(1)(ii). 

* * * * * 

Alternate I. * * * 

* * * * * 

(c) * * * 

(3) The Offeror is responsible for 

determining whether a subcontractor 

qualifies for an exception from the 

requirement for submission of certified 

cost or pricing data on the basis of 

adequate price competition, i.e. two or 

more responsible offerors, competing 

independently, submit responsive and 

viable offers in accordance with FAR 

15.403–1(c)(1)(ii). 

* * * * * 

[FR Doc. 2018–14062 Filed 6–28–18; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 217 and 252 

[Docket DARS–2018–0036] 

RIN 0750–AJ87 

Defense Federal Acquisition 

Regulation Supplement: Modification 

of DFARS Clause ‘‘Surge Option’’ 

(DFARS Case 2018–D025) 

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 

revise a clause to reflect current 

terminology and industry practices, 

pursuant to action taken by the 

Regulatory Reform Task Force. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

August 28, 2018, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2018–D025, 

using any of the following methods: 

• Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2018–D025’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2018– 

D025.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2018– 

D025’’ on your attached document. 

• Email: osd.dfars@mail.mil. Include 

DFARS Case 2018–D025 in the subject 

line of the message. 

• Fax: 571–372–6094. 

• Mail: Defense Acquisition 

Regulations System, Attn: Carrie Moore, 

OUSD (A&S) DPAP/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 2 to 3 days after 

submission to verify posting (except 

allow 30 days for posting of comments 

submitted by mail). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Carrie Moore, telephone 571–372–6093. 


sradovich on DSK3GMQ082PROD with PROPOSALS