Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 5799 

To submit comments or access the 

docket, please follow the detailed 

instructions provided under ADDRESSES. 

If you have questions, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

List of Subjects in 40 CFR Part 751 

Chemicals, Environmental protection, 

Exports, Hazardous substances, Imports, 

Reporting and recordkeeping 

requirements. 

Authority: 15 U.S.C. 2605(a). 

Dated: January 7, 2025. 

Michal Freedhoff, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2025–00731 Filed 1–16–25; 8:45 am] 

BILLING CODE 6560–50–P 

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. 

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: 

Æ 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. 

Æ Email: osd.dfars@mail.mil. 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 (DavisBacon 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. Acquisitionrelated thresholds are generally tied to 

the value of a contract, subcontract, or 

modification. 

This proposed rule does not address 

thresholds that are not acquisitionrelated. 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, 


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5800 Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 

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 acquisitionrelated 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–<$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 policybased 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 (DavisBacon 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 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 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: 

■ 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] 

■ 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 

■ 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] 

■ 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] 

■ 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] 

■ 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] 

■ 7. Amend section 209.409 by 

removing ‘‘$150,000’’ and adding 

‘‘$200,000’’ in its place. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.503 [Amended] 

■ 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] 

■ 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] 

■ 10. Amend section 215.403–1 in 

paragraph (c)(4)(B), by removing ‘‘$20 

million’’ and adding ‘‘$25 million’’ in 

its place. 

■ 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 


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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] 

■ 12. Amend section 215.570 by 

removing ‘‘$10 million’’ and adding 

‘‘$15 million’’ in its place. 

PART 216—TYPES OF CONTRACTS 

■ 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] 

■ 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] 

■ 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] 

■ 16. Amend section 217.171 in 

paragraph (d), by removing ‘‘$750 

million’’ and adding ‘‘$950 million’’ in 

its place. 

217.172 [Amended] 

■ 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] 

■ 18. Amend section 219.502–2— 

■ a. In paragraph (1), by removing ‘‘$3 

million’’ and adding ‘‘$3.5 million in its 

place; and 

■ b. In paragraph (2), by removing ‘‘$1.5 

million’’ and adding ‘‘$2 million’’ in its 

place. 

219.808–1 [Amended] 

■ 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] 

■ 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] 

■ 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] 

■ 22. Amend section 225.771–5 by 

removing ‘‘$150,000’’ and adding 

‘‘$200,000’’ in its place. 

225.7002–2 [Amended] 

■ 23. Amend section 225.7002–2 in 

paragraph (a), by removing ‘‘$150,000’’ 

and adding ‘‘$200,000’’ in its place. 

225.7023–3 [Amended] 

■ 24. Amend section 225.7023–3 in 

paragraph (b), by removing ‘‘$150,000’’ 

and adding ‘‘$200,000’’ in its place. 

225.7023–4 [Amended] 

■ 25. Amend section 225.7023–4 in 

paragraph (c), by removing ‘‘$150,000’’ 

and adding ‘‘$200,000’’ in its place. 

225.7201 [Amended] 

■ 26. Amend section 225.7201 in 

paragraph (a), by removing ‘‘$750,000’’ 

and adding ‘‘$950,000’’ in its place. 

225.7204 [Amended] 

■ 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] 

■ 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] 

■ 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] 

■ 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] 

■ 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] 

■ 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] 

■ 33. Amend section 250.102–1 in 

paragraph (b), by removing ‘‘$75,000’’ 

and adding ‘‘$95,000’’ in its place. 


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Federal Register / Vol. 90, No. 11 / Friday, January 17, 2025 / Proposed Rules 5803 

250.102–1–70 [Amended] 

■ 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 

■ 35. Amend section 252.204–7007— 

■ a. By revising the provision date; and 

■ 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) 

* * * * * 

■ 36. Amend section 252.215–7016 by— 

■ a. Revising the provision date; and 

■ 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. 

* * * * * 

■ 37. Amend section 252.216–7010— 

■ a. By revising the clause date; and 

■ 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) 

* * * * * 

■ 38. Amend section 252.225–7003 by— 

■ a. Revising the provision date; and 

■ 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 

OFFICE OF MANAGEMENT AND 

BUDGET 

Office of Federal Procurement Policy 

48 CFR Part 9904 

Conformance of the Cost Accounting 

Standards to Generally Accepted 

Accounting Principles for CAS 404 

Capitalization of Tangible Assets and 

CAS 411 Accounting for Acquisition 

Costs of Material 

AGENCY: Cost Accounting Standards 

Board, Office of Federal Procurement 

Policy, Office of Management and 

Budget. 

ACTION: Advanced notice of proposed 

rulemaking. 

SUMMARY: The Office of Federal 

Procurement Policy (OFPP), Cost 

Accounting Standards Board (CAS 

Board or the Board), is releasing this 

advanced notice of proposed 

rulemaking (ANPRM) to elicit public 

comments on proposed changes to the 

Cost Accounting Standards (CAS) on 

conformance to Generally Accepted 

Accounting Principles (GAAP) related 

to CAS 404, Capitalization of Tangible 

Assets, and CAS 411, Accounting for 

Acquisition Costs of Material, to GAAP. 

This ANPRM follows issuance of a Staff 

Discussion Paper 85 FR 58399 

(September 18, 2020). 

DATES: Comments must be in writing 

and must be received by March 18, 

2025. 

ADDRESSES: Submit comments to the 

Federal eRulemaking Portal: https://

www.regulations.gov. by searching for 

‘‘CASB 2020–1’’. Select the link 

‘‘Comment Now’’ that corresponds with 

‘‘CASB 2020–1’’. Follow the 

instructions provided on the ‘‘Comment 

Now’’ screen. Please include your name, 

company name (if any), and ‘‘CASB 

2020–1’’ on your attached document. If 

your comment cannot be submitted 

using https://www.regulations.gov, call 

or email the points of contact in the FOR

FURTHER INFORMATION CONTACT section of 

this document for alternate instructions. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. Public comments 

may be submitted as an individual, as 

an organization, or anonymously (see 

frequently asked questions at https://

www.regulations.gov/faq). To confirm 

receipt of your comment(s), please 

check https://www.regulations.gov, 

approximately two-to-three days after 

submission to verify posting. 


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