Federal Register - August 30, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Rules and Regulations delivered to a covered military installation.
225.70193
Waiver.
a Request and approval of waiver.
The requiring activity may submit to the contracting activity a request for waiver of the prohibition in 225.70192 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 DoDs European energy resilience strategy.
iii An explanation of the measures DoD is taking to mitigate the risk of using Russian Federation furnished energy.
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225.70194 Solicitation provision and contract clause.
Unless a waiver has been granted in accordance with 225.70193
a Use the provision at 252.2257053, 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 252.2257054, 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
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below the simplified acquisition threshold, that are for the acquisition of furnished energy for a covered military installation.
PART 252SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Add section 252.2257053 to read as follows:
252.2257053 Representation Regarding Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation.
As prescribed in 225.70194a, 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. 11692, 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 252.2257054 to read as follows:
252.2257054 Prohibition on Use of Certain Energy Sourced from Inside the Russian Federation.
As prescribed in 225.70194b, use the following clause: PROHIBITION ON
USE OF CERTAIN ENERGY SOURCED
FROM INSIDE THE RUSSIAN
FEDERATION AUG 2021
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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. 11692, 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. 202118340 Filed 82721; 8:45 am BILLING CODE 500106P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System 48 CFR Part 225
Docket DARS20210016
RIN 0750AL37
Defense Federal Acquisition Regulation Supplement; Use of FirmFixed-Price Contracts for Foreign Military Sales DFARS Case 2021
D019
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 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.
SUMMARY:
E:FRFM30AUR1.SGM
30AUR1
