103366 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 

paragraph (b) of this provision in an 

attachment to that contract. 

(End of provision) 

252.227–7041 Additional Postaward 

Requirements for Small Business 

Technology Transfer Program. 

As prescribed in 227.7104–4(c)(2), use 

the following clause: 

Additional Postaward Requirements for 

Small Business Technology Transfer 

Program (JAN 2025) 

(a) Definitions. As used in this 

clause— 

Research institution means an 

institution or entity that— 

(1) Has a place of business located in 

the United States; 

(2) Operates primarily within the 

United States or makes a significant 

contribution to the U.S. economy 

through payment of taxes or use of 

American products, materials, or labor; 

and 

(3) Is either— 

(i) A nonprofit institution that is 

owned and operated exclusively for 

scientific or educational purposes, no 

part of the net earnings of which inures 

to the benefit of any private shareholder 

or individual (section 4(3) of the 

Stevenson-Wydler Technology 

Innovation Act of 1980); or 

(ii) A federally-funded research or 

research and development center as 

identified by the National Science 

Foundation (https://www.nsf.gov/ 

statistics/ffrdclist/) in accordance with 

the guidance at Federal Acquisition 

Regulation 35.017. 

United States means the 50 States and 

the District of Columbia, the territories 

and possessions of the Government, the 

Commonwealth of Puerto Rico, the 

Republic of the Marshall Islands, the 

Federated States of Micronesia, and the 

Republic of Palau. 

(b) Preaward submissions. Attached to 

this contract are the following 

documents, submitted by the Contractor 

pursuant to Defense Federal Acquisition 

Regulation Supplement (DFARS) 

252.227–7040, Additional Preaward 

Requirements for Small Business 

Technology Transfer Program: 

(1) The written agreement between 

the Contractor and a research 

institution. 

(2) The Contractor’s written 

representation that the Contractor is 

satisfied with that written agreement, 

which does not conflict with the clause 

at DFARS 252.227–7018, Rights in 

Other Than Commercial Technical Data 

and Computer Software–Small Business 

Innovation Research Program and Small 

Business Technology Transfer Program, 

or this clause. 

(c) Postaward updates. The Contractor 

shall not allow any modification to its 

written agreement with the research 

institution, unless the written 

agreement, as modified, contains— 

(1) A specific allocation of ownership, 

rights, and responsibilities for 

intellectual property (including 

inventions, patents, technical data, and 

computer software) resulting from 

performance of this contract; 

(2) Identification of which party to the 

written agreement may obtain United 

States or foreign patents or otherwise 

protect any inventions that result from 

a Small Business Technology Transfer 

Program award; 

(3) The Contractor’s written, dated, 

and signed representation that— 

(i) The Contractor is satisfied with its 

written agreement with the research 

institution, as modified; and 

(ii) The written agreement, as 

modified, does not conflict with the 

clause at DFARS 252.227–7018, Rights 

in Other Than Commercial Technical 

Data and Computer Software–Small 

Business Innovation Research Program 

and Small Business Technology 

Transfer Program, or this clause; and 

(4) No terms and conditions that 

conflict with the clause at DFARS 

252.227–7018, Rights in Other Than 

Commercial Technical Data and 

Computer Software–Small Business 

Innovation Research Program and Small 

Business Technology Transfer Program, 

or this clause, including the rights of the 

United States, the Contractor, and the 

research institution regarding 

intellectual property, and regarding any 

right to carry out follow-on research. 

(d) Submission of updated agreement. 

Within 30 days of execution of the 

modified written agreement described 

in paragraph (b)(1) of this clause, the 

Contractor shall submit a copy of that 

updated written agreement and the 

updated written representation 

described in paragraph (b)(2) of this 

clause to the Contracting Officer for 

review and attachment to this contract. 

(End of clause) 

[FR Doc. 2024–29226 Filed 12–17–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 216 

[Docket DARS–2024–0023] 

RIN 0750–AL80 

Defense Federal Acquisition 

Regulation Supplement: Task Order 

and Delivery Order Contracting for 

Architectural and Engineering Services 

(DFARS Case 2023–D007) 

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 implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2023 that provides 

directions for awarding architectural 

and engineering service task orders and 

delivery orders under multiple-award 

contracts. 

DATES: Effective December 18, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly R. Ziegler, telephone 703– 

901–3176. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 89 FR 60853 on July 

29, 2024, to implement section 802 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2023 (Pub. 

L. 117–263), which amends 10 U.S.C. 

3406. Section 802 added a requirement 

at 10 U.S.C. 3406(h)(1) for DoD 

contracting officers to use qualificationbased selections when awarding task 

orders and delivery orders for 

architectural and engineering (AE) 

services in accordance with Federal 

Acquisition Regulation (FAR) subpart 

36.6 and 40 U.S.C. chapter 11 (The 

Brooks Architect Engineer Act). Section 

802 also added, at 10 U.S.C. 3406(h)(2), 

direction that prevents contracting 

officers from routinely requesting 

additional information regarding 

qualifications when awarding task 

orders or delivery orders under a 

multiple-award contract. Two 

respondents submitted public 

comments in response to the proposed 

rule. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 


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Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 103367 

discussion of the comments is provided, 

as follows: 

A. Summary of Significant Changes 

From the Proposed Rule 

There are no significant changes from 

the proposed rule. 

B. Analysis of Public Comments 

1. Support for the Rule 

Comment: A respondent expressed 

support for timely implementation of 

the final rule. 

Response: DoD acknowledges support 

for the rule. 

2. Concern Regarding the Text of the 

Rule 

Comment: A respondent expressed 

concern that the rule text did not mirror 

the statutory language. 

Response: The rule implements the 

statutory language using the drafting 

conventions of the FAR and its 

supplements, including the DFARS. 

III. Applicability to Contracts At or 

Below the Simplified Acquisition 

Threshold (SAT) and for Commercial 

Services and Commercial Products, 

Including Commercially Available Offthe-Shelf (COTS) Items 

This final rule does not create any 

new solicitation provisions or contract 

clauses. It does not impact any existing 

solicitation provisions or contract 

clauses or their applicability to 

contracts valued at or below the 

simplified acquisition threshold, for 

commercial products including COTS 

items, or for commercial services. 

IV. Expected Impact of the Rule 

DoD does not expect the final rule to 

have a significant impact on the public 

because the rule maintains the status 

quo regarding procedures for awarding 

task orders or delivery orders for AE 

services under multiple-award 

contracts. The FAR currently provides 

those procedures at subpart 36.6. This 

DFARS final rule points to those 

procedures. 

The final rule also adds language to 

prevent contracting officers from 

requesting unnecessary information 

regarding qualifications. Therefore, this 

final rule may reduce the resubmission 

of qualification information when 

competing for AE services under 

multiple-award contracts. Contracting 

officers will request additional 

information only when necessary to 

determine the most qualified offeror for 

a task order or delivery order. 

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. Congressional Review Act 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, DoD 

will submit a copy of the interim or 

final rule with the form, Submission of 

Federal Rules Under the Congressional 

Review Act, to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States. A major rule under the 

Congressional Review Act cannot take 

effect until 60 days after it is published 

in the Federal Register. The Office of 

Information and Regulatory Affairs has 

determined that this rule is not a major 

rule as defined by 5 U.S.C. 804. 

VII. 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: 

This rule amends the DFARS to 

implement section 802 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2023 (Pub. L. 117–263), 

which amends 10 U.S.C. 3406. Section 

802 requires DoD contracting officers to 

use qualification-based selections when 

awarding task orders and delivery 

orders for architectural and engineering 

(AE) services (10 U.S.C. 3406(h)(1)), a 

requirement that is already in Federal 

Acquisition Regulation (FAR) 16.500(d), 

16.505(a)(9), and 36.600. Section 802 

also prevents contracting officers from 

routinely requesting additional 

information regarding qualifications 

when awarding task orders or delivery 

orders under a multiple-award contract 

(10 U.S.C. 3406(h)(2)). 

The objective of the rule is to ensure 

DoD contracting officers follow the new 

direction provided by 10 U.S.C. 

3406(h)(2) when awarding task orders 

and delivery orders for AE services in 

accordance with current regulations and 

10 U.S.C. 3406(h)(1). 

There were no significant issues 

raised by the public in response to the 

initial regulatory flexibility analysis. 

This final rule will apply to small 

entities performing AE services under 

multiple-award contracts, which 

includes indefinite-delivery, indefinitequantity contracts. The final rule is 

expected to reduce the burden on small 

entities by preventing contracting 

officers, when awarding task orders or 

delivery orders, from requiring the 

submittal of qualification information 

that was previously submitted and 

evaluated for the award of the basic 

multiple-award contract. The 

contracting officer may now request 

qualification information that is 

necessary to determine the most 

qualified offer for the particular task 

order or delivery order. 

Data obtained from the Federal 

Procurement Data System for FY 2020, 

2021, and 2022 indicates that DoD 

awards an average of 4,600 task orders 

and delivery orders for AE services 

annually. Of the estimated 4,600 orders, 

an average of approximately 2,600 

awards are made annually to an 

estimated 453 unique small entities. For 

each task order or delivery order award, 

DoD estimates that 3 multiple-award 

contract awardees will submit an offer 

in response to a request for proposals. 

As a result, it is estimated that 

approximately 1,359 small entities will 

benefit from any reduction in burden 

provided by the final rule. 

The final rule does not impose any 

new reporting, recordkeeping, or 

compliance requirements. 

There are no practical alternatives 

that will accomplish the objectives of 

the statute. 

VIII. Paperwork Reduction Act 

This 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 216 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR part 

216 as follows: 


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103368 Federal Register / Vol. 89, No. 243 / Wednesday, December 18, 2024 / Rules and Regulations 

PART 216—TYPES OF CONTRACTS 

■ 1. The authority citation for 48 CFR 

part 216 continues to read as follows: 

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

chapter 1. 

■ 2. Add section 216.500 to subpart 

216.5 to read as follows: 

216.500 Scope of subpart. 

(d)(i) When awarding task orders or 

delivery orders for architect-engineer 

services under a multiple-award 

contract, follow the procedures for the 

selection of contractors and placement 

of orders at FAR 36.6 to implement 10 

U.S.C. 3406(h)(1). 

(ii) Contracting officers shall not 

request additional information related to 

contractor qualifications, unless it is 

necessary to determine the most highly 

qualified contractor for the particular 

task order or delivery order (10 U.S.C. 

3406(h)(2)). 

[FR Doc. 2024–29227 Filed 12–17–24; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2024–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes. 

DATES: Effective December 18, 2024. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to update a reference 

to a DoD Directive at DFARS 225.802– 

71. 

List of Subjects in 48 CFR Part 225 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, the Defense Acquisition 

Regulations System amends 48 CFR part 

225 as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

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

chapter 1. 

225.802–71 [Amended] 

■ 2. Amend section 225.802–71 by 

removing ‘‘DoD Directive 2040.3’’ and 

adding ‘‘DoD Instruction 2040.03’’ in its 

place. 

[FR Doc. 2024–29228 Filed 12–17–24; 8:45 am] 

BILLING CODE 6001–FR–P 


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