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Federal Register / Vol. 86, No. 227 / Tuesday, November 30, 2021 / Rules and Regulations
9. On page 45157, top third of the page, first column, first partial paragraph, last line, the phrase, technology group 6. is corrected to read technology group 6 in combination with the following ICD
10CM codes: Y95 Nosocomial condition and one of the following: J14
Pneumonia due to Hemophilus influenzae J15.0 Pneumonia due to Klebsiella pneumoniae, J15.1
Pneumonia due to Pseudomonas, J15.5
Pneumonia due to Escherichia coli, J15.6 Pneumonia due to other Gramnegative bacteria, J15.8 Pneumonia due to other specified bacteria, or J95.851 Ventilator associated pneumonia and one of the following:
B96.1 Klebsiella pneumoniae K.
pneumoniae as the cause of diseases classified elsewhere, B96.20
Unspecified Escherichia coli E. coli as the cause of diseases classified elsewhere, B96.21 Shiga toxinproducing Escherichia coli E. coli STEC O157 as the cause of diseases classified elsewhere, B96.22 Other specified Shiga toxin-producing Escherichia coli E. coli STEC as the cause of diseases classified elsewhere, B96.23 Unspecified Shiga toxinproducing Escherichia coli E. coli STEC as the cause of diseases classified elsewhere, B96.29 Other Escherichia coli E. coli as the cause of diseases classified elsewhere, B96.3
Hemophilus influenzae H. influenzae as the cause of diseases classified elsewhere, B96.5 Pseudomonas aeruginosa mallei pseudomallei as the cause of diseases classified elsewhere, or B96.89 Other specified bacterial agents as the cause of diseases classified elsewhere.
b. Within the partial paragraph item 10, line 8, the code number J14.0 is corrected to read J14.
Karuna Seshasai, Executive Secretary to the Department, Department of Health and Human Services.
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System 48 CFR Parts 201 and 237
Docket DARS20210023
RIN 0750AK77

Defense Federal Acquisition Regulation Supplement: Peer Reviews of Contracts for Supplies and Services DFARS Case 2019D037
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 modify internal processes for the conduct of peer reviews.
DATES: Effective November 30, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Barbara J. Trujillo, telephone 571372
6102.
SUPPLEMENTARY INFORMATION:
SUMMARY:

I. Background DoD is amending the DFARS to revise the policies at DFARS 201.170 for the conduct of peer reviews by the Office of the Principal Director, Defense Pricing and Contracting DPC. The rule removes the requirement for DPC-led, preaward peer reviews of competitive procurements valued at $1 billion or more unless the Under Secretary of Defense for Acquisition and Sustainment USDA&S is the milestone decision authority or unless USDA&S designates a competitive procurement as requiring a peer review, regardless of dollar value. Additionally, DoD components may request DPC-led peer reviews for competitive acquisitions valued below the $1 billion threshold. DPC will conduct the reviews upon approval by the Director, DPC
Contract Policy.
The threshold for DPC-led, preaward peer reviews of noncompetitive procurements is increased from $500
million to $1 billion. Additionally, the requirement for DPC-led peer reviews of noncompetitive procurements will include any other contract actions USDA&S designates as requiring a peer review, regardless of dollar value. DoD
components may request DPC-led peer reviews for noncompetitive acquisitions valued below the $1 billion threshold.
DPC will conduct the reviews upon approval by the Director, DPC Price, Cost and Finance.

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The rule includes clarification of the types of contract actions included in preaward peer reviews for noncompetitive procurements and guidance on how to identify the contract actions that are subject to preaward peer reviews for competitive and noncompetitive procurements. DoD
components establish procedures to conduct preaward peer reviews of competitive and noncompetitive procurements that do not meet the criteria for a DPC-led review. The rule also removes DPC-led, postaward peer reviews of acquisitions for services from the DFARS, and the cross-reference at DFARS 237.10276 has been removed.
II. 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 FAR is 41 U.S.C. 1707, Publication of Proposed Regulations.
Subsection a1 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 concerns DoDs internal review processes and does not have a significant cost or administrative impact on contractors or offerors.
III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Offthe-Shelf Items This rule does not create or revise any solicitation provisions or contract clauses. It does not impact any existing solicitation provisions or contract clauses or their applicability to contracts valued at or below the simplified acquisition threshold or for commercial items, including commercially available off-the-shelf items.
IV. Executive Orders 12866 and 13563
Executive Orders E.O. 12866 and E.O. 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
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