48336 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

https://www.epa.gov/sites/production/ 

files/2015-07/documents/trac2b054_

0.pdf. 

21. EPA’s Exposure Factors Handbook. 

Available at: https://www.epa.gov/ 

expobox/about-exposure-factorshandbook. 

22. U.S. EPA (2014). Guidance for Applying 

Quantitative Data to Develop DataDerived Extrapolation Factors for 

Interspecies and Intraspecies 

Extrapolation. Available at: https://

www.epa.gov/sites/default/files/2015-01/ 

documents/ddef-final.pdf. 

23. U.S. EPA (2014). Chlorpyrifos Acute and 

Steady Dietary (Food Only) Exposure 

Analysis to Support Registration Review. 

Available at: https://

www.regulations.gov/document/EPAHQ-OPP-2008-0850-0197. 

24. U.S. EPA (2020). Framework for 

Conducting Pesticide Drinking Water 

Assessments for Surface Water. 

Environmental Fate and Effects Division. 

Office of Pesticide Programs. Office of 

Chemical Safety and Pollution 

Prevention. U.S. Environmental 

Protection Agency. Available at: https:// 

www.epa.gov/sites/default/files/2020-09/ 

documents/framework-conductingpesticide-dw-sw.pdf. 

25. FIFRA Scientific Advisory Panel (2019) 

‘‘Approaches for Quantitative Use of 

Surface Water Monitoring Data in 

Pesticide Drinking Water Assessments.’’ 

Available at: https://

www.regulations.gov/document/EPAHQ-OPP-2019-0417-0019. 

26. U.S. EPA (2001). General Principles for 

Performing Aggregate Exposure and Risk 

Assessments. Available at: https://

www.epa.gov/sites/default/files/2015-07/ 

documents/aggregate.pdf. 

27. U.S. EPA (2020). Appendix B. Case Study 

for Integrating a Distributional Approach 

to Using Percent Crop Area (PCA) and 

Percent Crop Treated (PCT) into 

Drinking Water Assessment. Available 

at: https://www.regulations.gov/ 

document/EPA-HQ-OPP-2020-0279- 

0002. 

28. U.S. EPA (2016). Chlorpyrifos Refined 

Drinking Water Assessment for 

Registration Review. Available at: 

https://www.regulations.gov/document/ 

EPA-HQ-OPP-2015-0653-0437. 

29. U.S. EPA (2014). Chlorpyrifos Updated 

Drinking Water Assessment for 

Registration Review. Available at: 

https://www.regulations.gov/document/ 

EPA-HQ-OPP-2008-0850-0198. 

30. U.S. EPA (2015). Proposed Rule: 

Tolerance Revocations: Chlorpyrifos. 

Available at: https://

www.regulations.gov/document/EPAHQ-OPP-2015-0653-0001. 

31. U.S. EPA (2011). Finalization of Guidance 

on Incorporation of Water Treatment 

Effects on Pesticide Removal and 

Transformations in Drinking Water 

Exposure Assessments. Available at: 

https://www.epa.gov/pesticide-scienceand-assessing-pesticide-risks/ 

finalization-guidance-incorporationwater-treatment. 

32. U.S. EPA (2020). Chlorpyrifos Proposed 

Interim Registration Review Decision. 

Available at: https://

www.regulations.gov/document/EPAHQ-OPP-2008-0850-0971. 

33. For more information on World Trade 

Organization’s Agreement on the 

Application of Sanitary and 

Phytosanitary Measures (SPS 

Agreement), please see: https://

www.wto.org/english/tratop_e/sps_e/ 

spsagr_e.htm. 

34. For more information on World Trade 

Organization (2001) ImplementationRelated Issues and Concerns, please see: 

https://docs.wto.org/dol2fe/Pages/SS/ 

directdoc.aspx?filename=Q:/WT/Min01/ 

17.pdf&Open=True. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: August 18, 2021. 

Edward Messina, 

Director, Office of Pesticide Programs. 

Therefore, for the reasons set forth in 

the preamble, 40 CFR part 180 is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In § 180.342, add introductory text 

to read as follows: 

§ 180.342 Chlorpyrifos; tolerances for 

residues. 

This section and all tolerances 

contained herein expire and are revoked 

on February 28, 2022. 

* * * * * 

[FR Doc. 2021–18091 Filed 8–27–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225 and 252 

[Docket DARS–2020–0039] 

RIN 0750–AL15 

Defense Federal Acquisition 

Regulation Supplement: Improved 

Energy Security for Main Operating 

Bases in Europe (DFARS Case 2020– 

D030) 

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 2020. This section prohibits 

contracts for the acquisition of 

furnished energy for a covered military 

installation in Europe that is sourced 

from inside the Russian Federation. 

DATES: Effective August 30, 2021. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Kimberly Bass, telephone 571–372– 

6174. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 86 FR 3935 on 

January 15, 2021, to amend the DFARS 

to implement section 2821 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2020 (Pub. 

L. 116–92). Section 2821 prohibits use 

of energy sourced from inside the 

Russian Federation in an effort to 

promote energy security in Europe. The 

prohibition applies to all forms of 

energy ‘‘furnished to a covered military 

installation’’ as that term is defined in 

the statute. No public comments were 

received in response to the proposed 

rule. 

II. Discussion and Analysis 

A. Summary of Significant Changes 

No changes are made to the final rule 

as a result of public comments. 

B. Other Changes 

One change is made to the rule as 

proposed to clarify the same language 

that appears in section 225.7019–2, 

paragraph (b); the provision 252.225– 

7053, paragraph (b)(2); and clause 

252.225–7054, paragraph (b)(2). In all 

three locations, the statement ‘‘Does not 

apply to a third party that uses it to 

create some other form of energy (e.g., 

heating, cooling, or electricity)’’ is 

changed to read ‘‘Does not apply to 

energy converted by a third party into 

another form of energy and not directly 

delivered to a covered military 

installation.’’ No other changes are 

made to the rule. 

III. Applicability to Contracts At or 

Below the Simplified Acquisition 

Threshold and for Commercial Items, 

Including Commercially Available Offthe-Shelf Items 

This DFARS rule implements section 

2821 of the NDAA for FY 2020 (Pub. L. 

116–92). Section 2821 prohibits use of 

energy sourced from inside the Russian 

Federation unless a waiver is approved 

by the head of the contracting activity. 

To implement section 2821, this rule 

creates a new solicitation provision and 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48337 

contract clause: (1) DFARS 252.225– 

7053, Representation Regarding 

Prohibition on Use of Certain Energy 

Sourced from Inside the Russian 

Federation, and (2) DFARS 252.225– 

7054, Prohibition on Use of Certain 

Energy Sourced from Inside the Russian 

Federation. 

Section 2821 is silent on applicability 

to contracts and subcontracts in 

amounts at or below the simplified 

acquisition threshold (SAT) or for the 

acquisition of commercial items. Also, 

the statute does not provide for civil or 

criminal penalties. Therefore, it does 

not apply to contracts or subcontracts in 

amounts not greater than the SAT or to 

the acquisition of commercial items, 

including COTS items, unless a written 

determination is made as provided for 

in 41 U.S.C. 1905 and 10 U.S.C. 2375, 

respectively. The Principal Director, 

Defense Pricing and Contracting, is the 

appropriate authority to make a 

determination for regulations to be 

published in the DFARS, which is part 

of the FAR system of regulations. In 

consonance with the written 

determination made by the Principal 

Director, Defense Pricing and 

Contracting, on May 29, 2020, DoD will 

apply section 2821 to solicitations and 

contracts at or below the SAT and to the 

acquisition of commercial items, 

including COTS items, as defined at 

FAR 2.101. Not applying this 

prohibition guidance to contracts at or 

below the SAT and for the acquisition 

of commercial items, including COTS 

items, would exclude contracts 

intended to be covered by this rule and 

undermine the overarching purpose of 

the rule to prohibit use of energy 

sourced from inside the Russian 

Federation. Consequently, DoD will 

apply the rule to contracts at or below 

the SAT and for the acquisition of 

commercial items, including COTS 

items, to promote energy security in 

Europe and reduce the risk of supply 

shortages and reliance on energy 

sourced inside the Russian Federation. 

IV. Expected Impact of the Rule 

This rule amends the DFARS to 

implement section 2821 of the NDAA 

for FY 2020 (Pub. L. 116–92). Section 

2821 prohibits the use of energy sourced 

from inside the Russian Federation in 

an effort to promote energy security in 

Europe. The prohibition applies to all 

forms of energy that is ‘‘furnished to a 

covered military installation’’, as that 

term is defined in the statute and only 

to main operating bases as defined and 

identified by DoD. This means the 

energy itself must be furnished to the 

military installation, not to a third party 

that uses it to create some other form of 

energy (e.g., heating, cooling, or 

electric). The prohibition applies only to 

Europe, not to Asia (for example, those 

parts of Turkey located in Asia). 

DoD will promote the energy security 

of its European installations by 

encouraging energy security and energy 

resilience and will not purchase energy 

sourced from inside the Russian 

Federation unless a waiver of the 

prohibition in section 2821 is approved 

by the head of the contracting activity. 

The rule requires the head of the 

contracting activity to submit to the 

congressional defense committees a 

notice of the waiver. 

The following factors will be taken 

into consideration for granting a waiver: 

(1) The energy supply system is 

physically incapable of segregating 

Russian Federation energy from nonRussian Federation energy. 

(2) The installation can only obtain 

the necessary energy from its current 

supplier without the unaffordable 

expense of constructing new supply 

lines. 

(3) The price of requiring the supplier 

to segregate the energy is unaffordable 

and would result in the installation 

being unable to perform its mission 

within its budget authority. 

(4) Consideration, by the requiring 

activity, of installation energy and 

security resilience has been taken into 

account (e.g., on-site sources of energy 

and fuel resupply would allow the 

installation to continue to perform its 

mission even with disruption of Russian 

Federation-sourced energy, the 

installation has addressed energy 

resilience and security risks and 

vulnerabilities, etc.). 

According to Federal Procurement 

Data System (FPDS) data for fiscal years 

2017 through 2019, DoD awards an 

average of 108 contracts each year that 

are assigned the product service code 

(PSC) S111, with an average of 3 of 

those awards being made to unique 

entities that were other than small 

businesses. 

PSC Description 

S111 Utilities—Gas (with locations in Europe). 

The awardees were listed as foreign 

contractor consolidated reporting. 

Foreign contractor consolidated 

reporting is used to report procurement 

actions awarded to contractors located 

outside the United States providing 

utilities goods or services when a 

unique entity identifier is not available. 

When a generic entity identifier is used 

to report these actions, FPDS only 

allows contracting officers to select 

‘‘other than small business’’ as the 

contracting officer’s determination of 

business size. FPDS allows contracting 

officers to aggregate awards and report 

one record that includes multiple 

awards, which masks the identity of the 

entity. Consequently, reporting awards 

in this manner is likely to result in an 

undercount of the number of unique 

entities, as there is no data available to 

determine the number of entities or 

whether the entities are small or other 

than small. 

Based on this analysis, DoD estimates 

it is highly unlikely that an American 

small entity would be providing these 

utility services in Europe. It is expected 

that this rule will not impact small 

businesses, but it may impact large 

businesses or their subcontractors who 

compete on solicitations for Federal 

overseas energy contracts for utilities 

and gas in Europe. 

Utilizing energy sourced from inside 

the Russian Federation could increase 

the risk of limited access to the required 

energy supply, resulting in negative 

impacts to the warfighter. Section 2911 

of title 10 United States Code ensures 

the readiness of the armed forces for 

their military missions by pursuing 

energy security and resilience. Further, 

DoD Instruction 4170.11, Installation 

Energy Management, encourages DoD 

components to pursue energy resilience. 

In today’s environment, maintaining 

secure access to energy resources is 

critical to DoD’s execution of its 

mission, and ensuring energy resilience 

at DoD installations is a top priority. 

This prohibition will ensure 

improved energy security for main 

operating bases in Europe. This rule 

requires an offeror to represent, by 

submission of their offer, that the offeror 

will not use any energy sourced from 

inside the Russian Federation as a 

means of generating the furnished 

energy for the covered military 

installation in Europe. In addition, the 

rule provides a contract clause that 

ensures the prohibition is incorporated 

as a term and condition of the resulting 

contract. 

V. Executive Orders 12866 and 13563 

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 


khammond on DSKJM1Z7X2PROD with RULES
48338 Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. 

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 in 

the Office of Management and Budget 

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 

(FRFA) has been prepared consistent 

with the Regulatory Flexibility Act, 5 

U.S.C. 601, et seq. The FRFA is 

summarized as follows: 

The final rule is necessary to revise 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

implement a statute that prohibits 

contracts for the use of energy sourced 

inside the Russian Federation for 

military installations in Europe. 

The objective for and the legal basis 

for the rule is section 2821 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2020, 

which prohibits use of energy sourced 

from inside the Russian Federation in 

an effort to promote energy security in 

Europe. The prohibition applies to all 

forms of energy ‘‘furnished to a covered 

military installation,’’ as that term is 

defined in the statute, and only to main 

operating bases as defined and 

identified by DoD. 

No public comments were received in 

response to the initial regulatory 

flexibility analysis. 

According to data obtained from the 

Federal Procurement Data System 

(FPDS) for fiscal years 2017 through 

2019 for awards coded for product 

service code S111 (Utilities-Gas) with 

locations in Europe, 108 awards per 

year were made on average over the 

three fiscal years, with an average of 3 

awards to unique entities that were 

other than small businesses. The 

awardees were listed as foreign 

contractor consolidated reporting, 

which is used to report procurement 

actions awarded to contractors located 

outside the United States providing 

utilities goods or services when a 

unique entity identifier is not available. 

When a generic entity identifier is used 

to report these actions, FPDS only 

allows contracting officers to select 

‘‘other than small business’’ as the 

contracting officer’s determination of 

business size. FPDS allows contracting 

officers to aggregate awards and report 

one record that includes multiple 

awards, which masks the identity of the 

entity. Consequently, reporting awards 

in this manner is likely to result in an 

undercount of the number of unique 

entities, as there is no data available to 

determine the number of entities or 

whether the entities are small or other 

than small. Based on this analysis, DoD 

estimates it is unlikely that an American 

small entity would be providing these 

utility services in Europe. Therefore, 

DoD does not expect this rule to impact 

small entities. 

This rule does not include any new 

reporting, recordkeeping, or other 

compliance requirements for small 

entities. 

DoD has not identified any alternative 

approaches to the rule that would meet 

the requirements of the statute. 

VIII. Paperwork Reduction Act 

This 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, 

225 and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 212, 225, and 

252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 225, and 252 continues to 

read as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Amend section 212.301 by adding 

paragraphs (f)(ix)(GG) and (HH) to read 

as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

* * * * * 

(f) * * * 

(ix) * * * 

(GG) Use the provision at 252.225– 

7053, Representation Regarding 

Prohibition on Use of Certain Energy 

Sourced from Inside the Russian 

Federation, as prescribed in 225.7019– 

4(a), to comply with section 2821 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (Pub. L. 116–92). 

(HH) Use the clause at 252.225–7054, 

Prohibition on Use of Certain Energy 

Sourced from Inside the Russian 

Federation, as prescribed in 225.7019– 

4(b), to comply with section 2821 of the 

National Defense Authorization Act for 

Fiscal Year 2020 (Pub. L. 116–92). 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 3. Add sections 225.7019, 225.7019–1, 

225.7019–2, 225.7019–3, and 225.7019– 

4 to subpart 225.70 to read as follows: 

* * * * * 

Sec. 

225.7019 Prohibition on use of certain 

energy sourced from inside the Russian 

Federation. 

225.7019–1 Definitions. 

225.7019–2 Prohibition. 

225.7019–3 Waiver. 

225.7019–4 Solicitation provision and 

contract clause. 

* * * * * 

225.7019 Prohibition on use of certain 

energy sourced from inside the Russian 

Federation. 

225.7019–1 Definitions. 

As used in this section— 

Covered military installation means a 

military installation in Europe 

identified by DoD as a main operating 

base. 

Furnished energy means energy 

furnished to a covered military 

installation in any form and for any 

purpose, including heating, cooling, and 

electricity. 

Main operating base means a facility 

outside the United States and its 

territories with permanently stationed 

operating forces and robust 

infrastructure. 

225.7019–2 Prohibition. 

In accordance with section 2821 of 

the National Defense Authorization Act 

for Fiscal Year 2020 (Pub. L. 116–92), 

contracts for the acquisition of 

furnished energy for a covered military 

installation shall not use any energy 

sourced from inside the Russian 

Federation as a means of generating the 

furnished energy for the covered 

military installation. The prohibition— 

(a) Applies to all forms of energy that 

are furnished to a covered military 

installation; and 

(b) Does not apply to energy 

converted by a third party into another 

form of energy and not directly 


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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations 48339 

delivered to a covered military 

installation. 

225.7019–3 Waiver. 

(a) Request and approval of waiver. 

The requiring activity may submit to the 

contracting activity a request for waiver 

of the prohibition in 225.7019–2 for a 

specific contract for the acquisition of 

furnished energy for a covered military 

installation. The head of the contracting 

activity, without power of redelegation, 

may approve the waiver, upon 

certification to the congressional 

defense committees that— 

(1) The waiver of section 2821 is 

necessary to ensure an adequate supply 

of furnished energy for the covered 

military installation; and 

(2) National security requirements 

have been balanced against the potential 

risk associated with reliance upon the 

Russian Federation for furnished 

energy. 

(b) Submission of waiver notice. (1) 

Not later than 14 days before the 

execution of any energy contract for 

which a waiver is granted under 

paragraph (a) of this section, the head of 

the contracting activity shall submit to 

the congressional defense committees a 

notice of the waiver. See PGI 225.7019– 

3 for waiver procedures. 

(2) The waiver notice shall include 

the following: 

(i) The rationale for the waiver, 

including the basis for the certifications 

required by paragraph (a) of this section. 

(ii) An assessment of how the waiver 

may impact DoD’s European energy 

resilience strategy. 

(iii) An explanation of the measures 

DoD is taking to mitigate the risk of 

using Russian Federation furnished 

energy. 

225.7019–4 Solicitation provision and 

contract clause. 

Unless a waiver has been granted in 

accordance with 225.7019–3— 

(a) Use the provision at 252.225–7053, 

Representation Regarding Prohibition 

on Use of Certain Energy Sourced from 

Inside the Russian Federation, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items and 

solicitations at or below the simplified 

acquisition threshold, that are for the 

acquisition of furnished energy for a 

covered military installation; and 

(b) Use the clause at 252.225–7054, 

Prohibition on Use of Certain Energy 

Sourced from Inside the Russian 

Federation, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items 

and solicitations and contracts at or 

below the simplified acquisition 

threshold, that are for the acquisition of 

furnished energy for a covered military 

installation. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Add section 252.225–7053 to read 

as follows: 

252.225–7053 Representation Regarding 

Prohibition on Use of Certain Energy 

Sourced from Inside the Russian 

Federation. 

As prescribed in 225.7019–4(a), use 

the following provision: 

REPRESENTATION REGARDING 

PROHIBITION ON USE OF CERTAIN 

ENERGY SOURCED FROM INSIDE THE 

RUSSIAN FEDERATION (AUG 2021) 

(a) Definitions. As used in this provision— 

Covered military installation means a 

military installation in Europe identified by 

DoD as a main operating base. 

Furnished energy means energy furnished 

to a covered military installation in any form 

and for any purpose, including heating, 

cooling, and electricity. 

Main operating base means a facility 

outside the United States and its territories 

with permanently stationed operating forces 

and robust infrastructure. 

(b) Prohibition. In accordance with section 

2821 of the National Defense Authorization 

Act for Fiscal Year 2020 (Pub. L. 116–92), 

contracts for the acquisition of furnished 

energy for a covered military installation 

shall not use any energy sourced from inside 

the Russian Federation as a means of 

generating the furnished energy for the 

covered military installation, unless a waiver 

is approved. The prohibition— 

(1) Applies to all forms of energy that are 

furnished to a covered military installation; 

and 

(2) Does not apply to energy converted by 

a third party into another form of energy and 

not directly delivered to a covered military 

installation. 

(c) Representation. By submission of its 

offer, the Offeror represents that the Offeror 

will not use or provide any energy sourced 

from inside the Russian Federation as a 

means of generating the furnished energy for 

the covered military installation in the 

performance of any contract, subcontract, or 

other contractual instrument resulting from 

this solicitation. 

(End of provision) 

■ 5. Add section 252.225–7054 to read 

as follows: 

252.225–7054 Prohibition on Use of 

Certain Energy Sourced from Inside the 

Russian Federation. 

As prescribed in 225.7019–4(b), use 

the following clause: PROHIBITION ON 

USE OF CERTAIN ENERGY SOURCED 

FROM INSIDE THE RUSSIAN 

FEDERATION (AUG 2021) 

(a) Definitions. As used in this clause— 

Covered military installation means a 

military installation in Europe identified by 

DoD as a main operating base. 

Furnished energy means energy furnished 

to a covered military installation in any form 

and for any purpose, including heating, 

cooling, and electricity. 

Main operating base means a facility 

outside the United States and its territories 

with permanently stationed operating forces 

and robust infrastructure. 

(b) Prohibition. In accordance with section 

2821 of the National Defense Authorization 

Act for Fiscal Year 2020 (Pub. L. 116–92), the 

Contractor shall not use in the performance 

of this contract any energy sourced from 

inside the Russian Federation as a means of 

generating the furnished energy for the 

covered military installation unless a waiver 

is approved. The prohibition— 

(1) Applies to all forms of energy that are 

furnished to a covered military installation; 

and 

(2) Does not apply to energy converted by 

a third party into another form of energy and 

not directly delivered to a covered military 

installation. 

(c) Subcontracts. The Contractor shall 

insert the substance of this clause, including 

this paragraph (c), in subcontracts and other 

commercial instruments that are for 

furnished energy at a covered military 

installation, including subcontracts and 

commercial instruments for commercial 

items. 

(End of clause) 

[FR Doc. 2021–18340 Filed 8–27–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

[Docket DARS–2021–0016] 

RIN 0750–AL37 

Defense Federal Acquisition 

Regulation Supplement; Use of FirmFixed-Price Contracts for Foreign 

Military Sales (DFARS Case 2021– 

D019) 

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 2021 that rescinds the 

requirement for the use of firm-fixedprice contract types for foreign military 

sales unless an exception or waiver 

applies. 


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