Federal Register - July 9, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 129 / Friday, July 9, 2021 / Rules and Regulations replacement in c556iA1, Rule 102, adopted on December 3, 2004.
556 The following rule was submitted on September 16, 2020, by the Governors designee as an attachment to a letter dated September 16, 2020.
i Incorporation by reference. A
South Coast Air Quality Management District.
1 Rule 102, Definition of Terms, adopted on January 10, 2020.
2 Reserved B Reserved ii Reserved 557 The following rule was submitted on September 21, 2020, by the Governors designee as an attachment to a letter dated September 18, 2020.
i Incorporation by reference. A El Dorado County Air Quality Management District.
1 Rule 215, Architectural Coatings, adopted on August 25, 2020.
2 Reserved B Reserved ii Reserved FR Doc. 202114407 Filed 7821; 8:45 am BILLING CODE 656050P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System 48 CFR Parts 204, 212, and 252
Docket DARS20200007
RIN 0750AK30
Defense Federal Acquisition Regulation Supplement: Data Collection and Inventory for Services Contracts DFARS Case 2018D063
Defense Acquisition Regulations System, Department of Defense DoD.
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to implement a section of the United States Code that requires the collection of data on certain DoD service contracts.
DATES: Effective July 9, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Carrie Moore, telephone 5713726093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Medicare & Medicaid Services 42 CFR Part 510
CMS5529F
RIN 0938AU01
Medicare Program: Comprehensive Care for Joint Replacement Model Three-Year Extension and Changes to Episode Definition and Pricing;
Medicare and Medicaid Programs;
Policies and Regulatory Revisions in Response to the COVID19 Public Health Emergency Correction In rule document 202109097, appearing on pages 23496 through 23576 in the issue of Monday, May 3, 2021 make the following corrections.
510.400
Amended
1. On page 23574, in the second column, in paragraph b4iiA, on the second line, 80% should read 80%.
2. On the same page, in the same column, in the same paragraph, on the third line, 300 should read 300.
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FR Doc. C1202109097 Filed 7821; 8:45 am BILLING CODE 009910D
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DoD published a proposed rule in the Federal Register at 85 FR 34569 on June 5, 2020, to implement 10 U.S.C. 2330a, as amended by section 812 of the National Defense Authorization Act NDAA for Fiscal Year FY 2017 Pub.
L. 114328, which requires DoD to establish a data collection system to provide certain management information with regard to an awarded contract or task order that is valued in excess of $3 million and is for the following service acquisition portfolio groups: Logistics management services, equipment-related services, knowledgebased services, or electronics and communications services.
DoD published a prior proposed rule under DFARS Case 2012D051 in the Federal Register at 79 FR 32522 on June 5, 2014, to implement 10 U.S.C. 2330a section 807 of the NDAA for FY 2008, which required DoD to establish a data collection system to provide certain data on the purchasing of services by DoD
and to submit to Congress an annual inventory of services contracts awarded by or on behalf of DoD. The proposed rule for DFARS Case 2012D051
required contractors to enter the required data into a DoD-unique system, Enterprise Contractor Manpower Reporting Application ECMRA. In response to public comments received in response to the proposed rule for DFARS Case 2012D051, DoD made the
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following changes in the proposed rule for DFARS Case 2018D063:
DoD has adopted the service contract reporting process used by other Federal agencies and no longer requires contractor reporting in ECMRA. This change enables DoD to use the Federal Procurement Data System FPDS to obtain a majority of the information required by 10 U.S.C. 2330a. FPDS does not provide data on the direct labor hours expended and dollar amounts invoiced for contracted services.
Therefore, both the proposed and final rules require applicable contractors to enter the labor hours and dollar amounts in SAM, which is the process used by other Federal agencies, in accordance with Federal Acquisition Regulation FAR subpart 4.17.
To relieve burden and minimize impact for contractors and subcontractors, both the proposed and final rules require contractors to report the total number of hours worked both contractor and subcontractor under the contract for the entire fiscal year and does not require a breakdown of those hours by employee type or by subcontractor. The requirement to report subcontractor data is limited to first-tier subcontractors, consistent with the FAR requirement for service contract reporting. The proposed and final rules leave the process for collecting subcontractor data up to the discretion of each contractor; the rules do not prescribe a specific methodology that contractors must use to gather this data on applicable subcontracts, or prescribe a reporting requirement for subcontractors via the flow-down of the contract clause.
The estimated burdens for respondents and responses published in the proposed rule for DFARS Case 2021D051 have been updated to reflect the revised requirements of 10 U.S.C.
2330a, as amended.
The following is a summary of the public comments received in response to the proposed rule for DFARS Case 2012D051:
A. Exemptions Comment: Several respondents recommended that the rule exempt certain areas including: Research and development projects; architect and engineering services;
telecommunications and transmission and internet; and actions using criteria similar to the Service Contract Labor Standards exemptions in FAR 22.1003
4d1.
Response: The proposed rule for DFARS Case 2018D063 implements 10
U.S.C. 2330a, as amended by section 812 of the NDAA for FY 2017, which
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