11800 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

participate in the Simpler NOFO 

project. Therefore, the application 

requirements and evaluation criteria 

will change in FY24 to lessen the 

burden and make it easier to read, 

understand, and write an application. 

The ANA Project Framework, used in 

NOFOs from FY 2018–2023, will no 

longer be used, although some elements 

will remain. The required elements for 

an ANA application across all five 

NOFOs that will be evaluated will 

include: Project Narrative (for 75 points) 

to include the Current Community 

Condition (5 points), Project Goal (7 

points), Objectives (8 points), Project 

Strategy and Implementation Plan (15 

points), Community Based Strategy (12 

points), Population to be Served (7 

points), Outcomes (6 points), Objective 

Work Plan (15 points). The 

Organizational Capacity (total of 15 

points) includes a Staffing Plan (5 

points), Data Management Plan (3 

points), Partnerships and Consultants (2 

points), and Oversight Plan (5 points). 

The Line-Item Budget and Budget 

Narrative will be combined for a total of 

10 points. A total of 100 points will be 

available for each NOFO. As mentioned 

earlier, no bonus points will be 

provided for any NOFO. 

6. Reduction in Application Page Limits 

ANA’s previous application total page 

limit was 150 pages, excluding Standard 

Forms such as the SF–424, SF–424A, 

and other OMB-approved forms 

including ANA’s Objective Work Plan. 

Applicant feedback informed ANA that 

150 pages is too much. While ANA 

limits rather than requires 150 pages, 

applicants sometimes feel that it is a 

requirement to provide 150 pages to 

have a competitive application. 

Therefore, ANA will reduce the total 

page limit from 150 to 100 pages to 

reduce the burden to apply for ANA 

funding. To accommodate the lower 

page limit, business plans will no longer 

be required at the time of application 

submission. However, if a proposed 

project is subject to a business plan, 

ANA staff will request an applicant to 

provide a business plan during the 

Internal Review of Proposed Projects 

process of finalizing and negotiating 

grant awards. 

Statutory Authority: Sections 803 and 814 

of the Native American Programs Act of 1974 

(NAPA), as amended (42 U.S.C. 2291b; 

2992b–1). 

Patrice H. Kunesh, 

Commissioner, Administration for Native 

Americans. 

[FR Doc. 2024–03160 Filed 2–14–24; 8:45 am] 

BILLING CODE 4184–34–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 215, 225, and 252 

[Docket DARS–2024–0002] 

RIN 0750–AL64 

Defense Federal Acquisition 

Regulation Supplement: Assuring 

Integrity of Overseas Fuel Supplies 

(DFARS Case 2022–D013) 

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 

implement a section of the National 

Defense Authorization Act for Fiscal 

Year 2022 that requires offerors to 

certify that they will not provide fuel 

from a prohibited source and that they 

will comply with certain export control 

and anticorruption regulations and 

statutes for contracts awarded for the 

acquisition of fuel in support of 

overseas contingency operations. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

15, 2024, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2022–D013, 

using either of the following methods: 

Æ Federal eRulemaking Portal: 

https://www.regulations.gov. Search for 

DFARS Case 2022–D013. Select 

‘‘Comment’’ and follow the instructions 

to submit a comment. Please include 

‘‘DFARS Case 2022–D013’’ on any 

attached documents. 

Æ Email: osd.dfars@mail.mil. Include 

DFARS Case 2022–D013 in the subject 

line of the message. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. To 

confirm receipt of your comment(s), 

please check https://

www.regulations.gov, approximately 

two to three days after submission to 

verify posting. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jon Snyder, telephone 703–945–5341. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to implement section 843 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2022 (Pub. 

L. 117–81). Section 843 requires offerors 

to certify that fuel to be provided for a 

contract in support of an overseas 

contingency operation is not sourced 

from a prohibited nation or region and 

to furnish such records as are necessary 

to verify their compliance with 

applicable export control and 

anticorruption regulations and statutes. 

Section 843 requires contracting 

officers, when conducting a source 

selection for such contracts, to consider 

using tradeoff processes and certain 

evaluation factors. If the contracting 

officer does not consider a tradeoff 

process prior to issuing the solicitation, 

the contracting officer is required to 

justify in writing why a tradeoff process 

was not considered. Section 843 also 

requires the contracting officer to 

ensure, prior to contract award, that the 

offeror is not disqualified based upon an 

unsupported denial of access to a 

facility or equipment by the host nation. 

II. Discussion and Analysis 

DoD proposes to add to the DFARS a 

new section 225.70WW, Restriction on 

acquisition of fuel for overseas 

contingency operations. Section 

225.70WW provides the scope, 

prohibition, and procedures for 

contracting officers to use for the 

acquisition of fuel that is for overseas 

contingency operations and is expected 

to exceed the simplified acquisition 

threshold. This proposed rule requires 

that fuel is not sourced from a nation or 

region prohibited from selling 

petroleum to the United States. The 

proposed rule allows contracting 

officers to request records from the 

apparent successful offeror to verify 

compliance with certain regulations and 

statutes when the head of the 

contracting activity determines in 

writing that it is necessary. In addition, 

the proposed rule precludes contracting 

officers from disqualifying an offeror 

based on an unsupported denial of 

access to a facility or equipment by a 

host-nation government. 

This proposed rule includes a new 

section 215.101–71, Tradeoff process 

when acquiring fuel for overseas 

contingency operations, which requires 

contracting officers to consider using a 

tradeoff process during a source 

selection. When using a tradeoff 

process, contracting officers are required 

to consider the use of certain evaluation 

factors. This proposed rule also 

provides procedures for a contracting 

officer to justify when a tradeoff process 

is not considered. 

A new solicitation provision is 

proposed at DFARS 252.225–70XX, 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations, for 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 11801 

use in solicitations expected to exceed 

the simplified acquisition threshold, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial products, including 

commercially available off-the-shelf 

(COTS) items, and commercial services, 

for the procurement of fuel for overseas 

contingency operations. DFARS 

252.225–70XX requires an offeror to 

certify that the fuel, in whole or in part, 

or derivatives of such fuel, to be 

provided under the resulting contract 

will not be sourced from a nation or 

region prohibited from selling 

petroleum to the United States. This 

proposed provision requires the 

apparent successful offeror to furnish 

records verifying compliance upon 

contracting officer request. The 

provision also requires an offeror, prior 

to award, to promptly report to the 

contracting officer any instance of 

unsupported denial of access to a 

facility or equipment by a host nation 

government that may prevent it from 

complying with the terms and 

conditions of the solicitation. 

Since DoD plans to apply the 

requirements of this proposed rule to 

acquisitions using FAR part 12 

procedures, cross references to the new 

subpart are added at new paragraphs 

212.203(5) and 212.301(f)(ix)(OO). 

III. Applicability to Contracts at or 

Below the Simplified Acquisition 

Threshold (SAT), for Commercial 

Products (Including Commercially 

Available Off-the-Shelf (COTS) Items), 

and for Commercial Services 

This proposed rule includes a new 

provision at DFARS 252.225–70XX, 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations, to 

implement the requirements of section 

843 of the NDAA for FY 2022. The 

provision at DFARS 252.225–70XX is 

prescribed at DFARS 225.70WW–4 for 

use in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial products and commercial 

services, that are for the procurement of 

fuel for overseas contingency operations 

and are expected to exceed the 

simplified acquisition threshold. DoD 

does not intend to apply the proposed 

rule to contracts at or below the SAT. 

DoD does intend to apply the proposed 

rule to contracts for the acquisition of 

commercial products including COTS 

items and for the acquisition of 

commercial services. 

A. Applicability to Contracts at or Below 

the Simplified Acquisition Threshold 

41 U.S.C. 1905 governs the 

applicability of laws to contracts or 

subcontracts in amounts not greater 

than the simplified acquisition 

threshold. It is intended to limit the 

applicability of laws to such contracts or 

subcontracts. 41 U.S.C. 1905 provides 

that if a provision of law contains 

criminal or civil penalties, or if the 

Federal Acquisition Regulatory Council 

makes a written determination that it is 

not in the best interest of the Federal 

Government to exempt contracts or 

subcontracts at or below the SAT, the 

law will apply to them. The Principal 

Director, Defense Pricing and 

Contracting (DPC), is the appropriate 

authority to make comparable 

determinations for regulations to be 

published in the DFARS, which is part 

of the Federal Acquisition Regulation 

system of regulations. DoD does not 

intend to make that determination. 

Therefore, this proposed rule will not 

apply at or below the simplified 

acquisition threshold. 

B. Applicability to Contracts for the 

Acquisition of Commercial Products 

Including COTS Items and for the 

Acquisition of Commercial Services 

10 U.S.C. 3452 exempts contracts and 

subcontracts for the acquisition of 

commercial products including COTS 

items, and commercial services from 

provisions of law enacted after October 

13, 1994, unless the Under Secretary of 

Defense (Acquisition and Sustainment) 

(USD(A&S)) makes a written 

determination that it would not be in 

the best interest of DoD to exempt 

contracts for the procurement of 

commercial products and commercial 

services from the applicability of the 

provision or contract requirement, 

except for a provision of law that— 

• Provides for criminal or civil 

penalties; 

• Requires that certain articles be 

bought from American sources pursuant 

to 10 U.S.C. 4862 (previously 10 U.S.C. 

2533c), or that strategic materials 

critical to national security be bought 

from American sources pursuant to 10 

U.S.C. 4863 (previously 10 U.S.C. 

2533b); or 

• Specifically refers to 10 U.S.C. 3452 

and states that it shall apply to contracts 

and subcontracts for the acquisition of 

commercial products (including COTS 

items) and commercial services. 

The statute implemented in this 

proposed rule does not impose criminal 

or civil penalties, does not require 

purchase pursuant to 10 U.S.C. 4862 or 

4863, and does not refer to 10 U.S.C. 

3452. Therefore, section 843 of the 

NDAA for FY 2022 will not apply to the 

acquisition of commercial services or 

commercial products including COTS 

items unless a written determination is 

made. Due to delegations of authority, 

the Principal Director, DPC is the 

appropriate authority to make this 

determination. DoD intends to make 

that determination to apply this statute 

to the acquisition of commercial 

products including COTS items and to 

the acquisition of commercial services. 

Therefore, this proposed rule will apply 

to the acquisition of commercial 

products including COTS items and to 

the acquisition of commercial services. 

C. Determination 

Given that the requirements of section 

843 of the NDAA for FY 2022 were 

enacted to ensure that fuel for overseas 

contingency operations is not procured 

from prohibited sources, and since fuel 

is generally a commercial product or 

COTS item, it is in the best interest of 

the Federal Government to apply the 

rule to contracts for the acquisition of 

commercial services and commercial 

products, including COTS items, as 

defined at Federal Acquisition 

Regulation 2.101. An exception for 

contracts for the acquisition of 

commercial services and commercial 

products, including COTS items, would 

exclude the contracts intended to be 

covered by the law, thereby 

undermining the overarching public 

policy purpose of the law. 

IV. Expected Impact of the Rule 

This proposed rule includes a 

requirement for offerors for a contract 

for the procurement of fuel that is for an 

overseas contingency operation and is 

expected to exceed the SAT, to certify 

that the proposed fuel, in whole or in 

part, or derivatives of such fuel, will not 

be sourced from a nation or region 

prohibited from selling petroleum to the 

United States. Offerors will also be 

required to comply with certain export 

control and anticorruption statutes and 

regulations. The apparent successful 

offeror may be requested to provide 

records to verify such compliance upon 

contracting officer request. 

This proposed rule also includes new 

requirements for contracting officers. 

Contracting officers must not disqualify 

an offeror based on an unsupported 

denial of access to a facility or 

equipment by a host nation government. 

When conducting a source selection for 

such acquisitions, contracting officers 

will be required to consider the use of 

a tradeoff process and the use of certain 

evaluation factors. If the contracting 

officer does not consider a tradeoff 

process, the contracting officer must 

justify and obtain approval of the 

rationale for not considering a tradeoff 

process. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
11802 Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 

Analysis of data from the Federal 

Procurement Data System for fiscal 

years 2021, 2022, and 2023, for DoD 

contracts awarded to procure fuel for 

overseas operations revealed there was 

an average of five awards per fiscal year. 

These five awards were made to three 

contractors. Across the three fiscal 

years, a total of three companies 

received awards for the procurement of 

liquid fuels supporting overseas 

operations. During this period, no 

awards were made to small entities. 

V. 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, as amended. 

VI. Regulatory Flexibility Act 

DoD does not expect this proposed 

rule, when finalized, 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., 

because during recent fiscal years there 

were no contracts awarded to small 

entities for supplying fuel for overseas 

contingency operations. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 

This proposed rule is necessary to 

implement section 843 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2022 (Pub. L. 117–81). 

Section 843 requires offerors to certify 

that the fuel procured for an overseas 

contingency operation is not sourced 

from a prohibited nation or region and 

to furnish such records as are necessary 

to verify their compliance with certain 

export control and anticorruption 

statutes and regulations. Section 843 

requires contracting officers to consider 

a tradeoff process and the use of certain 

evaluation factors when procuring fuel 

for an overseas contingency operation. If 

the contracting officer does not consider 

a tradeoff process, section 843 requires 

the contracting officer to justify, before 

issuing the solicitation, why a tradeoff 

process was not considered. 

The objective of the proposed rule is 

to implement section 843 of the NDAA 

for FY 2022, which is the legal basis for 

the rule. 

Data from the Federal Procurement 

Data System was analyzed for fiscal 

years 2021, 2022, and 2023 for DoD 

contracts awarded to procure fuel for 

overseas operations. The data revealed 

there was an average of five awards per 

fiscal year for the procurement of fuel 

supporting overseas operations. These 

awards were made to three unique 

entities, of which none were small 

entities. Therefore, DoD does not 

anticipate that this proposed rule will 

have an impact on small entities. 

The proposed rule does not impose 

any new reporting, recordkeeping, or 

other compliance requirements for small 

entities. 

The proposed rule does not duplicate, 

overlap, or conflict with any other 

Federal rules. 

There are no known alternatives to 

the proposed rule that would 

accomplish the stated objectives of the 

applicable statute. 

DoD invites comments from small 

business concerns and other interested 

parties on the expected impact of this 

proposed rule on small entities. 

DoD will also consider comments 

from small entities concerning the 

existing regulations in subparts affected 

by this proposed 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 2022–D013), in correspondence. 

VII. Paperwork Reduction Act 

This proposed 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 212, 

215, 225, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 215, 225, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

215, 225, and 252 continues to read as 

follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL PRODUCTS AND 

COMMERCIAL SERVICES 

■ 2. Amend section 212.203 by adding 

paragraph (5) to read as follows: 

212.203 Procedures for solicitation, 

evaluation, and award. 

* * * * * 

(5) See 215.101–71 and 225.70WW for 

the acquisition of fuel for overseas 

contingency operations. 

■ 3. Amend section 212.301 by adding 

paragraph (f)(x)(OO) to read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial products and commercial 

services. 

* * * * * 

(f) * * * 

(x) * * * 

(OO) Use the provision at 252.225– 

70XX, Restriction on Acquisition of 

Fuel for Overseas Contingency 

Operations, as prescribed in 

225.70WW–4, to comply with section 

843 of the National Defense 

Authorization Act for Fiscal Year 2022 

(Pub. L. 117–81). 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 4. Add section 215.101–71 to subpart 

215.1 to read as follows: 

215.101–71 Tradeoff process when 

acquiring fuel for overseas contingency 

operations. 

(a) When conducting a source 

selection for the acquisition of fuel that 

is for an overseas contingency operation 

and is expected to exceed the simplified 

acquisition threshold, the contracting 

officer shall consider using a tradeoff 

process in accordance with FAR 

15.101–1 (section 843 of the National 

Defense Authorization Act for Fiscal 

Year 2022 (Pub. L. 117–81)). The 

contracting officer should consider 

using the following evaluation factors in 

any such tradeoff process: 

(1) Past performance. 

(2) Cost. 

(3) Anticorruption training. 

(4) Anticorruption compliance. 

(b) If a tradeoff process was not 

considered, prior to the issuance of the 

solicitation, the contracting officer shall 

justify in writing why a tradeoff process 

was not considered and obtain approval 

by an official one level above the 

contracting officer. This authority is not 

delegable. The contracting officer shall 

include the justification in the contract 

file. 


khammond on DSKJM1Z7X2PROD with PROPOSALS
Federal Register / Vol. 89, No. 32 / Thursday, February 15, 2024 / Proposed Rules 11803 

PART 225—FOREIGN ACQUISITION 

■ 5. Add sections 225.70WW, 

225.70WW–1, 225.70WW–2, 

225.70WW–3, and 225.70WW–4 to 

subpart 225.70 to read as follows: 

* * * * * 

Sec. 

225.70WW Restriction on acquisition of 

fuel for overseas contingency operations. 

225.70WW–1 Scope. 

225.70WW–2 Prohibition. 

225.70WW–3 Procedures. 

225.70WW–4 Solicitation provision. 

* * * * * 

225.70WW Restriction on acquisition of 

fuel for overseas contingency operations. 

225.70WW–1 Scope. 

This section implements section 843 

of the National Defense Authorization 

Act for Fiscal Year 2022 (Pub. L. 117– 

81), for the acquisition of fuel for 

overseas contingency operations. 

225.70WW–2 Prohibition. 

Contracting officers shall not award, 

for an overseas contingency operation, a 

contract for fuel, in whole or in part, or 

derivatives of such fuel, that is sourced 

from nations or regions prohibited from 

selling petroleum to the United States. 

See FAR subpart 25.7 for prohibited 

sources. 

225.70WW–3 Procedures. 

(a) For contracts for the acquisition of 

fuel for overseas contingency 

operations, including contracts using 

FAR part 12 procedures, expected to 

exceed the simplified acquisition 

threshold, the contracting officer— 

(1) May request records from the 

apparent successful offeror to verify 

compliance with the following statutes 

and regulations only when the head of 

the contracting activity determines in 

writing that it is necessary: 

(i) The Foreign Corrupt Practices Act 

(15 U.S.C. 78dd–1 et seq.). 

(ii) International Traffic in Arms 

Regulations at 22 CFR 120 through 130 

(see PGI 225.7901–2). 

(iii) Export Administration 

Regulations at 15 CFR 730 through 774 

(see PGI 225.7901–2). 

(iv) Relevant regulations promulgated 

by the Office of Foreign Assets Control 

of the Department of the Treasury. 

Sanction information for specific 

countries and programs is available at 

https://ofac.treasury.gov/sanctionsprograms-and-country-information. 

(2) To the maximum extent 

practicable, shall not disqualify an 

otherwise responsible offeror on the 

basis of an unsupported denial of access 

to a facility or equipment by a hostnation government. The provision at 

252.225–70XX, Restriction on 

Acquisition of Fuel for Overseas 

Contingency Operations, requires 

offerors to report promptly to the 

contracting officer, prior to award, any 

instance of unsupported denial of access 

to a facility or equipment by a hostnation government that may prevent it 

from complying with the terms and 

conditions of the solicitation. 

(b) See 215.101–71 for the 

requirement to consider using a tradeoff 

process. 

225.70WW–4 Solicitation provision. 

Use the provision at 252.225–70XX, 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, that are for the 

acquisition of fuel for overseas 

contingency operations and are 

expected to exceed the simplified 

acquisition threshold. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Add section 252.225–70XX to read 

as follows: 

252.225–70XX Restriction on Acquisition 

of Fuel for Overseas Contingency 

Operations. 

As prescribed in 225.70WW–4, use 

the following provision: 

Restriction on Acquisition of Fuel for 

Overseas Contingency Operations (Date) 

(a) Prohibition. For an overseas 

contingency operation, DoD may not procure 

fuel in whole or in part, or derivatives of 

such fuel, that is sourced from nations or 

regions prohibited from selling petroleum to 

the United States. See Federal Acquisition 

Regulation subpart 25.7 for prohibited 

sources. 

(b) Certification. Offerors shall complete 

the certification in paragraph (b)(1) of this 

provision and submit the certification with 

their offer. 

(1) The Offeror does [ ] does not [ ] certify 

that the fuel, in whole or in part, or 

derivatives of such fuel, to be provided under 

any contract resulting from this solicitation is 

not sourced from a nation or region 

prohibited from selling petroleum to the 

United States. 

(2) Only Offerors who certify that the fuel 

to be provided is not sourced from a 

prohibited nation or region will be eligible 

for award. 

(c) Compliance. 

(1) When requested by the Contracting 

Officer, the apparent successful Offeror shall 

submit records necessary to demonstrate 

compliance with applicable laws and 

regulations regarding export-controlled items 

and anticorruption statutes and regulations 

including— 

(i) The Foreign Corrupt Practices Act (15 

U.S.C. 78dd–1 et seq.); 

(ii) International Traffic in Arms 

Regulations (ITAR) at 22 CFR 120 through 

130 (also see Defense Federal Acquisition 

Regulation Supplement (DFARS) clause 

252.225–7048, Export-Controlled Items); 

(iii) Export Administration Regulations 

(EAR) at 15 CFR 730 through 774 (also see 

DFARS clause 252.225–7048); and 

(iv) Relevant regulations promulgated by 

the Office of Foreign Assets Control of the 

Department of the Treasury. Sanction 

information for specific countries and 

programs is available at https://ofac.treasury.

gov/sanctions-programs-and-countryinformation. 

(2) The Offeror shall contact the 

Department of State regarding ITAR 

compliance and the Department of 

Commerce regarding EAR compliance. 

(d) Reporting requirement. The Offeror 

shall, prior to contract award, promptly 

report to the Contracting Officer any instance 

of unsupported denial of access to a facility 

or equipment by a host-nation government 

that may prevent it from complying with the 

terms and conditions of the solicitation. 

(End of provision) 

[FR Doc. 2024–02742 Filed 2–14–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 227, and 252 

[Docket DARS–2024–0005] 

RIN 0750–AL21 

Defense Federal Acquisition 

Regulation Supplement: Use of DoD 

Program Nomenclature (DFARS Case 

2021–D002) 

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 

introduce coverage of trademarks and 

similar designations, such as popular 

names and program names. In addition 

to the request for written comments on 

this proposed rule, DoD will hold a 

public meeting to hear the views of 

interested parties. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before April 

15, 2024, to be considered in the 

formation of a final rule. 

Public Meeting: A virtual public 

meeting will be held on March 22, 2024, 

from 1:00 p.m. to 5:00 p.m., Eastern 


khammond on DSKJM1Z7X2PROD with PROPOSALS