`[Federal Register Volume 90, Number 11 (Friday, January 17, 2025)]
[Proposed Rules]
[Pages 5799-5803]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31570]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203, 205, 206, 209, 211, 212, 215, 216, 217, 219, 225, 
236, 237, 246, 250, and 252

[Docket DARS-2024-0039]
RIN 0750-AL99


Defense Federal Acquisition Regulation Supplement: Inflation 
Adjustment of Acquisition-Related Thresholds (DFARS Case 2024-D002)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to further implement the statute that 
requires an adjustment every 5 years of statutory acquisition-related 
thresholds for inflation. The adjustment uses the Consumer Price Index 
for all urban consumers and does not apply to the Construction Wage 
Rate Requirements statute (Davis-Bacon Act), Service Contract Labor 
Standards statute, performance and payment bonds, and trade agreements 
thresholds. DoD is also proposing to use the same methodology to adjust 
some nonstatutory DFARS acquisition-related thresholds in 2025.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before March 18, 2025, to be considered 
in the formation of the final rule.

ADDRESSES: Submit comments identified by DFARS Case 2024-D002, using 
either of the following methods:
    [cir] Federal eRulemaking Portal: https://regulations.gov. Search 
for DFARS Case 2024-D002. Select ``Comment'' and follow the 
instructions to submit a comment. Please include ``DFARS Case 2024-
D002'' on any attached documents.
    [cir] Email: [email protected]. Include DFARS Case 2024-D002 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: Ms. Kimberly R. Ziegler, telephone 
703-901-3176.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend multiple DFARS parts to further implement 
41 U.S.C. 1908. Section 1908 requires an adjustment every five years 
(on October 1 of each year evenly divisible by five) of statutory 
acquisition-related thresholds for inflation, using the Consumer Price 
Index (CPI) for all urban consumers, except for the Construction Wage 
Rate Requirements statute (Davis-Bacon Act), Service Contract Labor 
Standards statute, performance and payment bonds, and trade agreements 
thresholds (see FAR 1.109). As a matter of policy, DoD is also 
proposing to use the same methodology to adjust nonstatutory DFARS 
acquisition-related thresholds on October 1, 2025. Federal Acquisition 
Regulation (FAR) Case 2024-001 proposes comparable changes to 
acquisition-related thresholds in the FAR.
    This is the fifth review of DFARS acquisition-related thresholds 
since the statute was enacted on October 28, 2004 (section 807 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
2005). The last review was conducted under DFARS Case 2019-D036 during 
fiscal year (FY) 2020. The final rule under that case was published in 
the Federal Register on September 29, 2020 (85 FR 61502), effective 
October 1, 2020.

II. Discussion and Analysis

A. What is an acquisition-related threshold?

    This case builds on the review of DFARS thresholds in FY 2005, FY 
2010, FY 2015, and FY 2020, using the same interpretation of an 
acquisition-related threshold. The statute at 41 U.S.C. 1908 is 
applicable to ``a dollar threshold that is specified in law as a factor 
in defining the scope of the applicability of a policy, procedure, 
requirement, or restriction provided in that law to the procurement of 
property or services by an executive agency, as the Federal Acquisition 
Regulatory Council (the Council) determines.''
    There are other thresholds in the DFARS that, while not specified 
in law, nevertheless meet all the other criteria. These thresholds may 
have their origin in Executive order or regulation. Therefore, the 
Council has determined that in this case ``acquisition-related 
threshold'' has a broader meaning, i.e., a threshold that is specified 
in law, Executive order, or regulation as a factor in defining the 
scope of the applicability of a policy, procedure, requirement, or 
restriction provided in that law, Executive order, or regulation to the 
procurement of property or services by an Executive agency. 
Acquisition-related thresholds are generally tied to the value of a 
contract, subcontract, or modification.
    This proposed rule does not address thresholds that are not 
acquisition-related. Examples of thresholds that are not ``acquisition-
related,'' as defined in this proposed rule, include thresholds 
relating to claims, penalties, withholding, payments, required levels 
of insurance, small business size standards, liquidated damages, and 
protests.

B. What acquisition-related thresholds are not subject to escalation 
adjustment under this case?

    The statute at 41 U.S.C. 1908 does not permit escalation of 
acquisition-related thresholds established by the Construction Wage 
Rate Requirements statute (Davis Bacon Act), the Service Contract Labor 
Standards statute, performance and payment bonds (formerly the Miller 
Act), or the United States Trade Representative pursuant to the 
authority of the Trade Agreements Act of 1979.
    Also, the statute does not authorize the DFARS to escalate 
thresholds originating in Executive order or the implementing agency 
(such as the Department of Labor or the Small Business Administration), 
unless the Executive order or agency regulations are amended first.

C. How does DoD analyze escalation of a statutory acquisition-related 
threshold?

    If an acquisition-related threshold is based on statute, the matrix 
at https://www.regulations.gov identifies the statute and the statutory 
threshold,

[[Page 5800]]

including the original threshold and any subsequent revisions.
    With the exception of thresholds set by the Construction Wage Rate 
Requirements statute (Davis-Bacon Act), Service Contract Labor 
Standards statute, performance and payment bonds (formerly the Miller 
Act), and the United States Trade Representative pursuant to the 
authority of the Trade Agreements Act of 1979, 41 U.S.C. 1908 requires 
adjustment of the acquisition-related thresholds for inflation using 
the CPI for all urban consumers. Acquisition-related thresholds in 
statutes that were in effect on October 1, 2000, are only subject to 
escalation from that date forward. For purposes of this proposed rule, 
the matrix includes calculation of escalation based on the estimated 
CPI value for March 2025 (currently projected at 323.193) divided by 
the CPI for the date of enactment of the statute or regulation (October 
2000, for statutes enacted prior to October 1, 2000). DoD will 
subsequently adjust as necessary before issuance of the final rule.
    Once the escalation factor is applied to the acquisition-related 
threshold, then the statutory threshold must be rounded as follows:

------------------------------------------------------------------------
                 <$10,000                           Nearest $500.
------------------------------------------------------------------------
$10,000-<$100,000.........................  Nearest $5,000.
$100,000-<$1 million......................  Nearest $50,000.
$1 million-<$10 million...................  Nearest $500,000.
$10 million-<$100 million.................  Nearest $5 million.
$100 million-<$1 billion..................  Nearest $50 million.
$1 billion or more........................  Nearest $500 million.
------------------------------------------------------------------------

    The calculations in this proposed rule are based on the base year 
amount, because escalated amounts in the 2020 rule were subject to 
rounding. Therefore, using those amounts as the base would distort 
future calculations.
    In 2020, some thresholds, although subject to inflation 
calculation, did not actually change, because the inflation in 2020 was 
insufficient to overcome the rounding requirements--i.e., the 
escalation factor, when applied, did not cause the escalated values to 
be high enough to round to the next higher value. However, in FY 2025 
many thresholds that did not escalate in 2020 have increased through 
other statutory actions or will now escalate because of five additional 
years of inflation. Likewise, some thresholds that were escalated in 
2020 will not escalate in 2025.
    This proposed rule is based on a projected CPI of 323.193 for March 
2025. If the actual CPI for March 2025 is higher than 323.193, then 
additional statutory thresholds may be subject to escalation in the 
final rule, even though not included in the proposed rule.

D. How does DoD analyze a nonstatutory acquisition-related threshold?

    No statutory authorization is required to escalate thresholds that 
are policy-based within the DFARS. For consistency, escalation of the 
DoD policy-based acquisition-related thresholds is generally 
recommended using the same formula applied to the statutory thresholds, 
unless a reason has been provided for not doing so.

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 amends the provisions and clause at DFARS 
252.204-7007, Alternate A, Annual Representations and Certifications; 
252.215-7016, Notification to Offerors--Postaward Debriefings; 252.216-
7010, Postaward Debriefings for Task Orders and Delivery Orders; and 
252.225-7003, Report of Intended Performance Outside the United States 
and Canada--Submission with Offer. However, this proposed rule does not 
impose any new requirements on contracts at or below the SAT, for 
commercial products including COTS items, or for commercial services. 
This proposed rule does not change the applicability of the provisions 
and clause to acquisitions at or below the SAT, to acquisitions of 
commercial products including or excluding COTS items, and to 
acquisitions of commercial services.

IV. Expected Impact of the Rule

    DoD does not expect the proposed rule, when finalized, to have a 
significant impact on the public or the Government because the rule is 
intended to maintain the status quo by adjusting acquisition-related 
thresholds for inflation. The escalation of statutory acquisition-
related thresholds is mandated by 41 U.S.C. 1908, including how to 
calculate the escalation. DoD expects this proposed rule to provide the 
adjustments necessary to mitigate the impact of inflation on both the 
public and the Government as intended under 41 U.S.C. 1908. The rule 
does not change direction to contracting officers, nor does it change 
the applicability of any requirements for offerors and contractors.

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 the rule maintains the status quo by adjusting thresholds 
for actual inflationary increases in the CPI. However, an initial 
regulatory flexibility analysis has been performed and is summarized as 
follows:
    This proposed rule, when finalized, will amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement 41 U.S.C. 1908 
and to amend other acquisition-related dollar thresholds that are based 
on policy rather than statute in order to adjust for the changing value 
of the dollar. The statute at 41 U.S.C. 1908 requires adjustment every 
5 years of statutory acquisition-related dollar thresholds, except for 
Construction Wage Rate Requirements statute (Davis-Bacon Act), Service 
Contract Labor Standards statute, performance and payment bonds 
(formerly the Miller Act), and trade agreements thresholds. While 
reviewing all statutory acquisition-related thresholds, this DFARS case 
presented an opportunity to also review all nonstatutory acquisition-
related thresholds in the DFARS that are based on policy.
    The objective of the rule is to maintain the status quo by 
adjusting acquisition-related thresholds for inflation. The legal basis 
of the rule is 41 U.S.C. 1908. The statute does not authorize 
escalation of thresholds originating in Executive orders or the 
implementing agency (such as the Department of Labor or the Small 
Business Administration), unless the Executive order or agency 
regulations are amended first.
    This proposed rule will have a minimal impact on small entities 
that submit offers or are awarded contracts by DoD. However, most of 
the threshold

[[Page 5801]]

changes proposed in this rule are not expected to have any significant 
economic impact on small entities because the threshold changes are 
intended to maintain the status quo by adjusting for changes in the 
value of the dollar. Often any impact will be beneficial, by preventing 
burdensome requirements from applying to more and more acquisitions, as 
the dollar loses value.
    According to the System for Award Management (SAM), as of December 
2023, there were 361,685 entities registered as small businesses under 
any North American Industry Classification System code. This proposed 
rule assumes that any of the 361,685 small entities registered in SAM 
may experience some benefit from a reduction in burden as a result of 
the proposed changes.
    The proposed rule does not impose any new reporting, recordkeeping, 
or compliance requirements.
    The proposed rule does not duplicate, overlap, or conflict with any 
other Federal rules.
    There are no practical alternatives that will accomplish the 
objectives of the 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 2024-
D002), in correspondence.

VII. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) applies to this 
proposed rule. However, these changes to the DFARS do not impose 
additional information collection requirements to the paperwork burden 
previously approved by the Office of Management and Budget (OMB) under 
OMB Control Number 9000-0189, entitled Certain Federal Acquisition 
Regulation Part 4 Requirements: FAR Sections Affected 52.204-3, 52.204-
6, 52.204-7, 52.204-12 thru 52.204-15, 52.204-20, 52.204-23, 52.212-
1(j), 52.212-3(b), and 52.212-3(l); and OMB Control Number 0704-0229, 
entitled Defense Federal Acquisition Regulation Supplement Part 225, 
Foreign Acquisition, and related clauses.

List of Subjects in 48 CFR Parts 203, 205, 206, 209, 211, 212, 215, 
216, 217, 219, 225, 236, 237, 246, 250, and 252

    Government Procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
    Therefore, the Defense Acquisition Regulations System proposes to 
amend 48 CFR parts 203, 205, 206, 209, 211, 212, 215, 216, 217, 219, 
225, 236, 237, 246, 250, and 252 as follows:

0
1. The authority citation for 48 CFR parts 203, 205, 206, 209, 211, 
212, 215, 216, 217, 219, 225, 236, 237, 246, 250, and 252 continues to 
read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST


203.1004   [Amended]

0
2. Amend section 203.1004 in paragraph (b)(2)(ii) by removing ``$6 
million'' and adding ``$7.5 million'' in its place.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
3. Amend section 205.303 by revising paragraphs (a)(i) introductory 
text, (a)(i)(A), and (a)(i)(B) to read as follows:


205.303   Announcement of contract awards.

    (a) * * *
    (i) The threshold for DoD awards is $9.5 million. Report all 
contractual actions, including modifications, that have a face value, 
excluding unexercised options, of more than $9.5 million.
    (A) For undefinitized contractual actions, report the not-to-exceed 
(NTE) amount. Later, if the definitized amount exceeds the NTE amount 
by more than $9.5 million, report only the amount exceeding the NTE.
    (B) For indefinite delivery, time and material, labor hour, and 
similar contracts, report the initial award if the estimated face 
value, excluding unexercised options, is more than $9.5 million. Do not 
report orders up to the estimated value, but after the estimated value 
is reached, report subsequent modifications and orders that have a face 
value of more than $9.5 million.
* * * * *

PART 206--COMPETITION REQUIREMENTS


206.303-1   [Amended]

0
4. Amend section 206.303-1 in paragraphs (a) and (b) introductory text, 
by removing ``$100 million'' and adding ``$150 million'' in its place.


206.303-2   [Amended]

0
5. Amend section 206.303-2 in paragraph (b)(i) introductory text and 
paragraph (d), by removing ``$100 million'' and adding ``$150 million'' 
in its place.


206.304   [Amended]

0
6. Amend section 206.304 in paragraph (a)(S-71) introductory text, by 
removing ``$100 million'' and adding ``$150 million'' in its place.

PART 209--CONTRACTOR QUALIFICATIONS


209.409   [Amended]

0
7. Amend section 209.409 by removing ``$150,000'' and adding 
``$200,000'' in its place.

PART 211--DESCRIBING AGENCY NEEDS


211.503   [Amended]

0
8. Amend section 211.503 in paragraph (b), by removing ``$750,000'' 
wherever it appears and adding ``$950,000 in its place.

PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL 
SERVICES


212.271   [Amended]

0
9. Amend section 212.271 by removing ``$45,000'' and adding ``$55,000'' 
in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.403-1   [Amended]

0
10. Amend section 215.403-1 in paragraph (c)(4)(B), by removing ``$20 
million'' and adding ``$25 million'' in its place.
0
11. Amend section 215.506 by revising paragraphs (b), (d)(i), and 
(d)(ii) to read as follows:


215.506   Postaward debriefing of offerors.

    (b) Notwithstanding FAR 15.506(b), when requested by a successful 
or unsuccessful offeror, a written or oral debriefing is required for 
contract awards valued at $15 million or more (section 818 of the 
National Defense Authorization Act for Fiscal Year 2018 (Pub. L. 115-
91)).
* * * * *
    (d) * * *
    (i) For award of a contract in excess of $15 million and not in 
excess of $150 million with a small business or nontraditional defense 
contractor, an option for the small business or nontraditional defense 
contractor to

[[Page 5802]]

request disclosure of the agency's written source selection decision 
document, redacted to protect the confidential and proprietary 
information of other offerors for the contract award.
    (ii) For award of a contract in excess of $150 million, disclosure 
of the agency's written source selection decision document, redacted to 
protect the confidential and proprietary information of other offerors 
for the contract award.
* * * * *


215.570   [Amended]

0
12. Amend section 215.570 by removing ``$10 million'' and adding ``$15 
million'' in its place.

PART 216--TYPES OF CONTRACTS

0
13. Amend section 216.505 by revising and republishing paragraph (b) to 
read as follows:


216.505   Ordering.

* * * * *
    (b) Orders under multiple-award contracts--(1) Fair opportunity.
    (A) See 215.101-2-70 for the limitations and prohibitions on the 
use of the lowest price technically acceptable source selection 
process, which are applicable to orders placed against multiple award 
indefinite delivery contracts.
    (B) See 217.7801 for the prohibition on the use of reverse auctions 
for personal protective equipment and aviation critical safety items.
    (2) Exceptions to the fair opportunity process. For an order 
exceeding the simplified acquisition threshold, that is a follow-on to 
an order previously issued for the same supply or service based on a 
justification for an exception to fair opportunity citing the authority 
at FAR 16.505(b)(2)(i)(B) or (C), follow the procedures at PGI 
216.505(b)(2).
    (6) Postaward notices and debriefing of awardees for orders 
exceeding $7.5 million. In addition to the notice required at FAR 
16.505(b)(6), a written or oral postaward debriefing of successful and 
unsuccessful awardees is required for task orders and delivery orders 
valued at $15 million or more (section 818 of the National Defense 
Authorization Act for Fiscal Year 2018 (Pub. L. 115-91)).
    (ii) Follow the procedures at 215.506 and 215.506-70 when providing 
the postaward debriefing to successful and unsuccessful awardees for 
task orders or delivery orders valued at $15 million or more.


216.506-70   [Amended]

0
14. Amend section 216.506-70 in paragraph (b), by removing ``$10 
million'' and adding ``$15 million'' in its place.

PART 217--SPECIAL CONTRACTING METHODS


217.170   [Amended]

0
15. Amend section 217.170 in paragraphs (d)(1)(iv) and (d)(5) 
introductory text, by removing ``$150 million'' and adding ``$200 
million'' in its place.


217.171   [Amended]

0
16. Amend section 217.171 in paragraph (d), by removing ``$750 
million'' and adding ``$950 million'' in its place.


217.172   [Amended]

0
17. Amend section 217.172 in paragraphs (c), (d), (f)(1), and (f)(2), 
by removing ``$750 million'' and adding ``$950 million'' in its place.

PART 219--SMALL BUSINESS PROGRAMS


219.502-2   [Amended]

0
18. Amend section 219.502-2--
0
a. In paragraph (1), by removing ``$3 million'' and adding ``$3.5 
million in its place; and
0
b. In paragraph (2), by removing ``$1.5 million'' and adding ``$2 
million'' in its place.


219.808-1   [Amended]

0
19. Amend section 219.808-1 in paragraph (a), by removing ``$100 
million'' and adding ``$150 million'' in its place.

PART 225--FOREIGN ACQUISITION


225.103   [Amended]

0
20. Amend section 225.103 in paragraphs (a)(ii)(B)(2) and (3) and 
paragraphs (b)(ii)(B) and (C), by removing ``$1.5 million'' and adding 
``$2 million'' in its place.


225.771-2   [Amended]

0
21. Amend section 225.771-2 in paragraph (a) introductory text, by 
removing ``$150,000'' and adding ``$200,000'' in its place.


225.771-5   [Amended]

0
22. Amend section 225.771-5 by removing ``$150,000'' and adding 
``$200,000'' in its place.


225.7002-2   [Amended]

0
23. Amend section 225.7002-2 in paragraph (a), by removing ``$150,000'' 
and adding ``$200,000'' in its place.


225.7023-3   [Amended]

0
24. Amend section 225.7023-3 in paragraph (b), by removing ``$150,000'' 
and adding ``$200,000'' in its place.


225.7023-4   [Amended]

0
25. Amend section 225.7023-4 in paragraph (c), by removing ``$150,000'' 
and adding ``$200,000'' in its place.


225.7201   [Amended]

0
26. Amend section 225.7201 in paragraph (a), by removing ``$750,000'' 
and adding ``$950,000'' in its place.


225.7204   [Amended]

0
27. Amend section 225.7204 in paragraphs (a) and (b), by removing ``$15 
million'' and adding ``$20 million'' in its place.


225.7703-2   [Amended]

0
28. Amend section 225.7703-2 in paragraphs (b)(2)(i) and (b)(2)(ii) 
introductory text, by removing ``$100 million'' and adding ``$150 
million'' in its place.

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


236.303-1   [Amended]

0
29. Amend section 236.303-1 in paragraphs (a)(4)(i) introductory text 
and (a)(4)(ii), by removing ``$4.5 million'' and adding ``$5.5 
million'' in its place.


236.601   [Amended]

0
30. Amend section 236.601 in paragraph (1), by removing ``$1.5 
million'' and adding ``$2 million'' in its place.

PART 237--SERVICE CONTRACTING


237.170-2   [Amended]

0
31. Amend section 237.170-2 in paragraphs (a)(1) and (2), by removing 
``$100 million'' and adding ``$150 million'' in its place.

PART 246--QUALITY ASSURANCE


246.402   [Amended]

0
32. Amend section 246.402 in the introductory text, by removing 
``$350,000'' and adding ``$400,000'' in its place.

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT


250.102-1   [Amended]

0
33. Amend section 250.102-1 in paragraph (b), by removing ``$75,000'' 
and adding ``$95,000'' in its place.

[[Page 5803]]

250.102-1-70   [Amended]

0
34. Amend section 250.102-1-70 in paragraph (b)(1), by removing 
``$75,000'' and adding ``$95,000'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
35. Amend section 252.204-7007--
0
a. By revising the provision date; and
0
b. In paragraph (d)(1)(v), by removing ``$150,000'' and adding 
``$200,000'' in its place.
    The revision reads as follows:


252.204-7007   Alternate A, Annual Representations and Certifications.

* * * * *
Alternate A, Annual Representations and Certifications (Date)
* * * * *
0
36. Amend section 252.215-7016 by--
0
a. Revising the provision date; and
0
b. Revising and republishing paragraph (b).
    The revisions and republication read as follows:


252.215-7016   Notification to Offerors--Postaward Debriefings.

* * * * *
Notification to Offerors--Postaward Debriefings (Date)
* * * * *
    (b) Postaward debriefing.(1) Upon timely request, the Government 
will provide a written or oral postaward debriefing to successful or 
unsuccessful offerors for contract awards valued at $15 million or 
more, while protecting the confidential and proprietary information of 
other offerors. The request is considered timely if received within 3 
days of notification of contract award.
    (2) When required, the minimum postaward debriefing information 
will include the following:
    (i) For contracts in excess of $15 million and not in excess of 
$150 million with a small business or nontraditional defense 
contractor, an option for the small business or nontraditional defense 
contractor to request disclosure of the agency's written source 
selection decision document, redacted to protect the confidential and 
proprietary information of other offerors for the contract award.
    (ii) For contracts in excess of $150 million, disclosure of the 
agency's written source selection decision document, redacted to 
protect the confidential and proprietary information of other offerors 
for the contract award.
    (3) If a required postaward debriefing is provided--
    (i) The debriefed Offeror may submit additional written questions 
related to the debriefing not later than 2 business days after the date 
of the debriefing;
    (ii) The agency will respond in writing to timely submitted 
additional questions within 5 business days after receipt by the 
contracting officer; and
    (iii) The postaward debriefing will not be considered to be 
concluded until the later of--
    (A) The date that the postaward debriefing is delivered, orally or 
in writing; or
    (B) If additional written questions related to the debriefing are 
timely received, the date the agency delivers its written response.
* * * * *
0
37. Amend section 252.216-7010--
0
a. By revising the clause date; and
0
b. In paragraph (a)(1), by removing ``$10 million'' and adding ``$15 
million'' in its place.
    The revision reads as follows:


252.216-7010   Postaward Debriefings for Task Orders and Delivery 
Orders.

* * * * *
Postaward Debriefings For Task Orders and Delivery Orders (Date)
* * * * *
0
38. Amend section 252.225-7003 by--
0
a. Revising the provision date; and
0
b. Revising and republishing paragraph (b).
    The revisions and republication read as follows:


252.227-7003   Report of Intended Performance Outside the United States 
and Canada--Submission with Offer.

* * * * *
Report of Intended Performance Outside the United States and Canada--
Submission With Offer (Date)
* * * * *
    (b) The Offeror shall submit, with its offer, a report of intended 
performance outside the United States and Canada if--
    (1) The offer exceeds $20 million in value; and
    (2) The Offeror is aware that the Offeror or a first-tier 
subcontractor intends to perform any part of the contract outside the 
United States and Canada that--
    (i) Exceeds $950,000 in value; and
    (ii) Could be performed inside the United States or Canada.
* * * * *

[FR Doc. 2024-31570 Filed 1-16-25; 8:45 am]
BILLING CODE 6001-FR-P`