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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
will apply to contracts or groups of contracts for military construction, as defined in 10 U.S.C. 2801, or shipbuilding, while the 7-year standard will apply to all other contracts.
The objective of the rule is to implement the requirements of section 820, which expands the application of the expedited contract closeout authority of section 836 of the NDAA for FY 2017 to more recent, physically complete contracts. The legal basis of the rule is section 820 of the NDAA for FY 2021.
This rule will likely affect small entities that have been or will be awarded DoD contracts, including those under FAR part 12 procedures for the acquisition of commercial items, including commercially available offthe-shelf items. Data was obtained from the Electronic Data Access module of the Procurement Integrated Enterprise Environment for contracts that were physically completed at least four years ago and are eligible for closeout between the new standard of 7 or 10 years and the previous standard of at least 17
fiscal years after award. The data were then compared to the Federal Procurement Data System FPDS to estimate the number of contracts awarded to small entities. Contracts subject to the previous standard of 17
years are included in this estimate.
As of April 2021, the FPDS data indicate that approximately 29,200
contracts, eligible for expedited closeout under the 7-year standard, were awarded to an estimated 4,490 unique small entities. An additional estimated 1,775 contracts, subject to the 10-year standard, were awarded to approximately 576 small entities. As a result, DoD estimates that approximately 5,066 small entities will have the opportunity to benefit from the expanded expedited contract authorities provided in this rule.
The rule does not impose any new reporting, recordkeeping, or compliance requirements.
The 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 rule on small entities.
DoD will also consider comments from small entities concerning the existing regulations in subparts affected by the 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 2021D012, in correspondence.

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VIII. Paperwork Reduction Act This rule does not contain any information collection requirements that require the approval of the Office of Management and Budget OMB under the Paperwork Reduction Act 44 U.S.C.
chapter 35.
List of Subjects in 48 CFR Part 204
Government procurement.

amount owed to the contractor is disproportionate to the amount at issue.

FR Doc. 202118341 Filed 82721; 8:45 am BILLING CODE 500106P

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
Jennifer D. Johnson, Editor/Publisher, Defense Acquisition Regulations System.

48 CFR Parts 215 and 242

Therefore, 48 CFR part 204 is proposed to be amended as follows:

RIN 0750AK95

PART 204ADMINISTRATIVE AND
INFORMATION MATTERS

Defense Federal Acquisition Regulation Supplement: Requiring Data Other Than Certified Cost or Pricing Data DFARS Case 2020D008

1. The authority citation for 48 CFR
part 204 continues to read as follows:

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

2. Amend section 204.804 by revising paragraph 3i to read as follows:

204.804

Closeout of contract files.

3i In accordance with section 836
of the National Defense Authorization Act for Fiscal Year 2017 Pub. L. 114
328, section 824 of the National Defense Authorization Act for Fiscal Year 2018 Pub. L. 11591, and section 820 of the National Defense Authorization Act for Fiscal Year 2021
Pub. L. 116283, contracting officers may close out contracts or groups of contracts through issuance of one or more modifications to such contracts without completing a reconciliation audit or other corrective action in accordance with FAR 4.8045a3
through 15, as appropriate, if each contract A1 For military construction as defined at 10 U.S.C. 2801 or shipbuilding, was awarded at least 10
fiscal years before the current fiscal year; or 2 For all other contracts, was awarded at least 7 fiscal years before the current fiscal year;
B The performance or delivery was completed at least 4 years prior to the current fiscal year; and C Has been determined by a contracting official, at least one level above the contracting officer, to be not otherwise reconcilable, because 1 The contract or related payment records have been destroyed or lost; or 2 Although contract or related payment records are available, the time or effort required to establish the exact amount owed to the U.S. Government or
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Docket DARS20210015

Defense Acquisition Regulations System, Department of Defense DoD.
ACTION: Proposed rule.
AGENCY:

DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement DFARS to implement a section of the National Defense Authorization Act for Fiscal Year 2020 that provides additional requirements relating to the submission of data other than certified cost or pricing data.
DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before October 29, 2021, to be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2020D008, using any of the following methods:
Federal eRulemaking Portal:
https www.regulations.gov. Search for DFARS Case 2020D008. Select Comment and follow the instructions to submit a comment. Please include your name, company name if any, and DFARS Case 2020D008 on any attached document.
Email: osd.dfars@mail.mil. Include DFARS Case 2020D008 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 comments, please check https
www.regulations.gov, approximately two to three days after submission to verify posting.
FOR FURTHER INFORMATION CONTACT: Mr.
David E. Johnson, telephone 571372
6115.
SUMMARY:

SUPPLEMENTARY INFORMATION:

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