[Federal Register Volume 84, Number 178 (Friday, September 13, 2019)]
[Rules and Regulations]
[Pages 48507-48508]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19565]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 212, 213, and 252
[Docket DARS-2019-0035]
RIN 0750-AK70
Defense Federal Acquisition Regulation Supplement: Update to
Performance Information System References (DFARS Case 2019-D033)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement changes
regarding the discontinued use of the Past Performance Information
Retrieval System and update all associated references in the DFARS.
DATES: Effective September 13, 2019.
FOR FURTHER INFORMATION CONTACT: Ms. Kimberly Bass, telephone 571-372-
6174.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is issuing a final rule to amend the DFARS to update references
to the Past Performance Information Retrieval System (PPIRS) for past
performance information and replace with Contractor Performance
Assessment Reporting System (CPARS) to implement changes following the
official retirement of PPIRS and subsequent merger with the CPARS
effective January 15, 2019.
This rule also amends the DFARS to replace references to ``Past
Performance Information Retrieval System-Statistical Reporting'' with
``Supplier Performance Risk System'' and update the associated web
addresses.
II. Discussion and Analysis
This final rule removes two references to PPIRS at DFARS 209.105-
1(2) and replaces the references with CPARS and the Federal Awardee
Performance and Integrity Information System (FAPIIS) module of CPARS.
In addition, in the title of DFARS provision 252.213-7000, ``Past
Performance Information Retrieval System-Statistical Reporting'' is
replaced with ``Supplier Performance Risk System.'' Conforming changes
are also made to the title of the provision at DFARS 213.301(f)(v) and
the obsolete PPIRS web addresses at DFARS 213.106-2(b)(i)(A), 213.106-
2-70, and 252.213-7000(a) and (d).
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This rule does not impact or create any new provisions or clauses,
and only makes technical corrections to the title of an existing
provision and web addresses contained within the provision. The rule
does not impose any new requirements on contracts at or below the
simplified acquisition threshold or for commercial items, including
commercially available off-the-shelf items.
IV. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the Federal
Acquisition Regulation is 41 U.S.C. 1707 entitled ``Publication of
Proposed Regulations.'' Paragraph (a)(1) of the statute requires that a
procurement policy, regulation, procedure, or form (including an
amendment or modification thereof) must be published for public comment
if it relates to the expenditure of appropriated funds, and has either
a significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because the rule merely updates cross-references and makes technical
corrections to address the system merger of PPIRS and CPARS, effective
January 15, 2019.
V. Executive Order 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,
or reducing costs, or 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, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
VI. Executive Order 13771
This rule is not an E.O. 13771 regulatory action, because this rule
is not significant under E.O. 12866.
VII. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C.1707(a)(1) (see section IV. of this preamble), the analytical
requirement of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VIII. Paperwork Reduction Act
The 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 209, 212, 213, and 252
Government procurement.
Jennifer Lee Hawes,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 209, 212, 213, and 252 are amended as
follows:
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1. The authority citation for 48 CFR parts 209, 212, 213, and 252
continues to read as follows:
[[Page 48508]]
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
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2. Amend section 209.105-1 by revising paragraph (2) to read as
follows:
209.105-1 Obtaining information.
* * * * *
(2) A satisfactory performance record is a factor in determining
contractor responsibility (see FAR 9.104-1(c)). One source of
information relating to contractor performance is the Contractor
Performance Assessment Reporting System (CPARS) available at https://www.cpars.gov/. Information relating to contract terminations for cause
and for default is also available through the Federal Awardee
Performance and Integrity Information System (FAPIIS) module of CPARS,
available at https://www.fapiis.gov (see subpart 42.15). This
termination information is just one consideration in determining
contractor responsibility.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
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2. Amend section 212.301 by revising paragraph (f)(v) to read as
follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(f) * * *
(v) Part 213--Simplified Acquisition Procedures. Use the provision
at 252.213-7000, Notice to Prospective Suppliers on Use of Supplier
Performance Risk System in Past Performance Evaluations, as prescribed
in 213.106-2-70.
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
213.106-2 [Amended]
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3. Amend section 213.106-2 in paragraph (b)(i)(A) by removing ``PPIRS
website at https://www.ppirssrng.csd.disa.mil'' and adding ``SPRS
website at https://www.sprs.csd.disa.mil/reference.htm'' in its place.
213.106-2-70 [Amended]
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4. Amend section 213.106-2-70 by removing ``Notice to Prospective
Suppliers on the Use of Past Performance Information Retrieval System--
Statistical Reporting in Past Performance Evaluations'' and adding
``Notice to Prospective Suppliers on Use of Supplier Performance Risk
System in Past Performance Evaluations'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.213-7000 [Amended]
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5. Amend section 252.213-7000 by--
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a. Removing clause date ``(MAR 2018)'' and adding ``(SEP 2019)'' in its
place;
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b. In paragraph (a), removing ``(https://www.ppirssrng.csd.disa.mil/)''
and adding ``(https://www.sprs.csd.disa.mil)'' in its place; and
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c. In paragraph (d), removing ``https://www.ppirssrng.csd.disa.mil/pdf/PPIRS-SR_UserMan.pdf'' and ``https://www.ppirssrng.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'' and adding ``https://www.sprs.csd.disa.mil/reference.htm'' and ``https://www.sprs.csd.disa.mil/pdf/SPRS_DataEvaluationCriteria.pdf'', in their
places, respectively.
[FR Doc. 2019-19565 Filed 9-12-19; 8:45 am]
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