Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)

<RULE> DEPARTMENT OF DEFENSE <SUBAGY>Defense Acquisition Regulations System</SUBAGY> <CFR>48 CFR Part 202</CFR> <DEPDOC>[Docket DARS-2024-0033]</DEPDOC> <RIN>RIN 0750-AM23</RIN> <SUBJECT>Defense Federal Acquisition Regulation Supplement: Updates to the Definition of Departments and Agencies (DFARS Case 2024-D026)</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Defense Acquisition Regulations System, Department of Defense (DoD). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to provide updates to the existing definition of “departments and agencies.” </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Effective November 15, 2024. </EFFDATE> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Tonya De Saussure, telephone (202) 805-1388. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <HD SOURCE="HD1">I. Background</HD> This final rule revises the DFARS definition of “departments and agencies” at DFARS 202.101, Definitions, to add recently established defense agencies. This update is part of a periodic policy review to ensure the accuracy of the regulation. The last update to this definition occurred on January 30, 2013 (77 FR 76938), under DFARS case 2012-D045. <HD SOURCE="HD1">II. Publication of This Final Rule for Public Comment Is Not Required by Statute</HD> The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707, Publication of Proposed Regulations. Subsection (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 it does not have a significant effect beyond the internal operating procedures of DoD. The final rule provides for recent additions to the defense agencies identified in the definition of “departments and agencies.” <HD SOURCE="HD1">III. Applicability to Contracts At or Below the Simplified Acquisition Threshold (SAT), for Commercial Products (Including Commercially Available Off-the-Shelf (COTS) Items), and for Commercial Services</HD> This final rule does not create any new 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, for commercial products including COTS items, or for commercial services. <HD SOURCE="HD1">IV. Executive Orders 12866 and 13563</HD> 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, of reducing costs, of 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, as amended. <HD SOURCE="HD1">V. Congressional Review Act</HD> As required by the Congressional Review Act (5 U.S.C. 801-808) before an interim or final rule takes effect, DoD will submit a copy of the interim or final rule with the form, Submission of Federal Rules under the Congressional Review Act, to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule under the Congressional Review Act cannot take effect until 60 days after it is published in the <E T="04">Federal Register</E> . The Office of Information and Regulatory Affairs has determined that this rule is not a major rule as defined by 5 U.S.C. 804. <HD SOURCE="HD1">VI. Regulatory Flexibility Act</HD> The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment. <HD SOURCE="HD1">VII. Paperwork Reduction Act</HD> This final 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). <LSTSUB> <HD SOURCE="HED">List of Subjects in 48 CFR Part 202</HD> Government procurement. </LSTSUB> <SIG> <NAME>Jennifer D. Johnson,</NAME> Editor/Publisher, Defense Acquisition Regulations System. </SIG> Therefore, the Defense Acquisition Regulations System amends 48 CFR part 202 as follows: <REGTEXT TITLE="48" PART="202"> 1. The authority citation for 48 CFR part 202 continues to read as follows: <HD SOURCE="HED">Authority:</HD> 41 U.S.C. 1303 and 48 CFR chapter 1. </REGTEXT> <HD SOURCE="HED">PART 202—DEFINITIONS OF WORDS AND TERMS </HD> <REGTEXT TITLE="48" PART="202"> 2. Amend section 202.101 by revising the definition of “Departments and agencies” to read as follows: <SECTION> <SECTNO>202.101</SECTNO> <SUBJECT> Definitions.</SUBJECT> <STARS/> <E T="03">Departments and agencies,</E> as used in DFARS, means the military departments and the defense agencies. The military departments are the Departments of the Army, Navy, and Air Force (the Marine Corps is a part of the Department of the Navy, and the Space Force is a part of the Air Force). The defense agencies are the Chief Digital and Artificial Intelligence Office, the Defense Advanced Research Projects Agency, the Defense Commissary Agency, the Defense Contract Management Agency, the Defense Counterintelligence and Security Agency, the Defense Finance and Accounting Service, the Defense Health Agency, the Defense Information Systems Agency, the Defense Intelligence Agency, the Defense Logistics Agency, the Defense Threat Reduction Agency, the Missile Defense Agency, the National Geospatial-Intelligence Agency, the National Security Agency, the Strategic Capabilities Office, the United States Cyber Command, the United States Special Operations Command, the United States Transportation Command, and the Washington Headquarters Service. <STARS/> </SECTION> </REGTEXT> </SUPLINF> <FRDOC>[FR Doc. 2024-26059 Filed 11-14-24; 8:45 am]</FRDOC> </RULE>