Defense Federal Acquisition Regulation Supplement: Application of Certain Clauses to Acquisitions of Commercial Items (DFARS Case 2013-D035), 44313-44314 [2014-17941]
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Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
44313
DEPARTMENT OF DEFENSE
and 252.232–7006 to acquisitions of
commercial items.
Paperwork Reduction Act (44 U.S.C.
chapter 35).
Defense Acquisition Regulations
System
III. Executive Orders 12866 and 13563
List of Subjects in 48 CFR Parts 211,
212, and 232
Government procurement.
48 CFR Parts 211, 212, and 232
RIN 0750–AI13
Defense Federal Acquisition
Regulation Supplement: Application of
Certain Clauses to Acquisitions of
Commercial Items (DFARS Case 2013–
D035)
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 clarify the applicability of
two clauses to acquisitions of
commercial items.
DATES: Effective July 31, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Janetta Brewer, telephone 571–372–
6104.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 73472 on
December 6, 2013, to clarify the
applicability of DFARS 252.211–7008,
Use of Government-Assigned Serial
Numbers, and DFARS 252.232–7006,
Wide Area WorkFlow Payment
Instructions, to acquisitions of
commercial items. The rule proposed
adding these two clauses to the list at
DFARS 212.301(f) of solicitation
provisions and contract clauses for the
acquisition of commercial items and
revising the clause prescriptions to
require their inclusion in solicitations
and contracts for acquisitions using FAR
part 12 procedures. One respondent
submitted a public comment in
response to the proposed rule.
mstockstill on DSK4VPTVN1PROD with RULES
II. Discussion and Analysis
DoD reviewed the public comment in
the development of the final rule. There
are no changes from the proposed rule
in the final rule, except renumbering at
212.301 due to DFARS baseline
changes. A discussion of the comment
is provided, as follows:
Comment: The respondent stated that
the rule appears to be a cost cutting
measure that will reduce exploitation of
tax monies being used to purchase
products for the Government at an
inflated rate.
Response: The rule clarifies the
applicability of DFARS 252.211–7008
VerDate Mar<15>2010
17:37 Jul 30, 2014
Jkt 232001
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, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211, 212, and
232 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211, 212, and 232 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 211—DESCRIBING AGENCY
NEEDS
2. In section 211.274–6, paragraph (c)
introductory text is revised to read as
follows:
■
IV. Regulatory Flexibility Act
211.274–6
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule revises DFARS part 212,
Acquisition of Commercial Items, to
clarify the applicability of DFARS
252.211–7008, Use of GovernmentAssigned Serial Numbers, and DFARS
252.232–7006, Wide Area WorkFlow
Payment Instructions, to acquisitions of
commercial items.
This final rule applies to contractors,
regardless of size or business
ownership, when responding to DoD
solicitations or being awarded contracts
that are acquired utilizing FAR part 12
procedures. The rule is not expected to
have a significant impact on small
entities as it merely clarifies the use of
two DFARS clauses. The final rule is
expected to have a slightly positive
impact because the additional clarity
will help contracting officers and small
businesses better understand DoD’s
requirements.
No public comments were received in
response to the initial regulatory
flexibility analysis. The rule does not
contain any reporting or recordkeeping
requirements and does not require
contractors to expend significant cost or
effort. There are no known significant
alternatives to the rule that would
further minimize any economic impact
of the rule on small entities
*
Contract clauses.
*
*
*
*
(c) Use the clause at 252.211–7008,
Use of Government-Assigned Serial
Numbers, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, that—
*
*
*
*
*
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
3. Amend section 212.301 by—
a. Redesignating—
i. Paragraphs (f)(1ii) through (lxx) as
(f)(liv) through (lxxii);
■ ii. Paragraphs (f)(xv) through (li) as
(f)(xvi) through (lii); and
■ b. Adding new paragraphs (f)(xv) and
(liii).
■ The additions read as follows:
■
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(xv) Use the clause at 252.211–7008,
Use of Government-Assigned Serial
Numbers, as prescribed in 211.274–6(c).
*
*
*
*
*
(liii) Use the clause at 252.232 -7006,
Wide Area WorkFlow Payment
Instructions, as prescribed in
232.7004(b).
*
*
*
*
*
PART 232—CONTRACT FINANCING
4. In section 232.7004, revise the
section heading and paragraph (b) to
read as follows:
V. Paperwork Reduction Act
■
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
232.7004
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
*
E:\FR\FM\31JYR1.SGM
Contract clauses.
*
31JYR1
*
*
*
44314
Federal Register / Vol. 79, No. 147 / Thursday, July 31, 2014 / Rules and Regulations
(b) Use the clause at 252.232–7006,
Wide Area WorkFlow Payment
Instructions, in solicitations and
contracts, including solicitations and
contracts using FAR part 12 procedures
for the acquisition of commercial items,
when 252.232–7003 is used and neither
232.7003(b) nor (c) apply. See PGI
232.7004 for instructions on completing
the clause.
[FR Doc. 2014–17941 Filed 7–30–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 225
RIN 0750–AI11
Defense Federal Acquisition
Regulation Supplement: Domestically
Nonavailable Articles—Elimination of
DoD-Unique List (DFARS Case 2013–
D020)
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 remove the DoD-unique list
of domestically nonavailable articles
because these items have been found to
be either available domestically or are
not used by DoD.
DATES: Effective July 31, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Lee Renna, telephone 571–372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 73474 on
December 6, 2013, to remove section
225.104 in its entirety because the
articles currently listed no longer
qualify as an exception to the Buy
American statute (41 U.S.C. 8302(a)), on
the basis of their nonavailability. The
two items listed at section 225.104 that
are being removed have been found to
be either (1) available from domestic
producers in the case of aluminum clad
steel wire, or (2) DoD does not use the
item in the case of the sperm-whale oil.
Two public comments were submitted
in response to the proposed rule.
II. Discussion and Analysis
No changes are being made to the
final rule as a result of the two public
comments. The first respondent stated
VerDate Mar<15>2010
17:37 Jul 30, 2014
Jkt 232001
support for the rule and the second
respondent noted that there should be
no change to the rule.
III. Executive Orders 12866 and 13563
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, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows.
This final rule amends the Defense
Acquisition Regulation Supplement
(DFARS) by removing the DoD-unique
list of domestically nonavailable articles
that have been found to be either
available domestically or are not used
by DoD. Of the two items on the list,
aluminum-clad steel is produced and
available in the United States, and DoD
does not use sperm-whale oil.
This rule will not have an impact on
small entities as it merely removes from
the DFARS a listing of an item that is
now domestically available and an item
that is not used by DoD. The removal of
the nonavailability exception to the Buy
American statute for aluminum-clad
steel wire will neither increase nor
decrease small businesses’ participation
in future procurements, particularly
with regard to set-asides under the
Small Business Program. This
conclusion is primarily attributed to the
application of the nonmanufacturer
rule. Under the nonmanufacturer rule,
any small business concern proposing to
furnish a product that it did not itself
manufacture must furnish the product
of a domestic small business
manufacturer. However, in industries
where the Small Business
Administration (SBA) has determined
there are no domestic small business
manufacturers, SBA may issue a waiver
to the nonmanufacturer rule to permit
small businesses to provide any firm’s
product (see FAR 19.102(f)(7).
Reinstatement of the Buy American
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
statute restrictions has no effect on the
application of the nonmanufacturer
rule. With respect to the procurement of
sperm-whale oil, DoD does not use this
product in any application. As such, a
discussion of future procurement
opportunities for this substance is no
longer relevant.
No comments were received from the
public in response to the initial
regulatory flexibility analysis. This rule
does not add any new information
collection, reporting, or record keeping
requirements. No alternatives were
identified that will accomplish the
objectives of the rule.
V. Paperwork Reduction Act
This 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).
List of Subjects in 48 CFR Part 225
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 225 is
amended as follows:
PART 225—FOREIGN ACQUISITION
1. The authority citation for 48 CFR
part 225 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
225.104
■
[Removed]
2. Remove section 225.104.
[FR Doc. 2014–17940 Filed 7–30–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 236
RIN 0750–AI33
Defense Federal Acquisition
Regulation Supplement: Use of Military
Construction Funds in Countries
Bordering the Arabian Sea (DFARS
Case 2014–D016)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement sections of the
SUMMARY:
E:\FR\FM\31JYR1.SGM
31JYR1
]]>Agencies
[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44313-44314]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17941]
[[Page 44313]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 212, and 232
RIN 0750-AI13
Defense Federal Acquisition Regulation Supplement: Application of
Certain Clauses to Acquisitions of Commercial Items (DFARS Case 2013-
D035)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to clarify the applicability
of two clauses to acquisitions of commercial items.
DATES: Effective July 31, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
73472 on December 6, 2013, to clarify the applicability of DFARS
252.211-7008, Use of Government-Assigned Serial Numbers, and DFARS
252.232-7006, Wide Area WorkFlow Payment Instructions, to acquisitions
of commercial items. The rule proposed adding these two clauses to the
list at DFARS 212.301(f) of solicitation provisions and contract
clauses for the acquisition of commercial items and revising the clause
prescriptions to require their inclusion in solicitations and contracts
for acquisitions using FAR part 12 procedures. One respondent submitted
a public comment in response to the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comment in the development of the final
rule. There are no changes from the proposed rule in the final rule,
except renumbering at 212.301 due to DFARS baseline changes. A
discussion of the comment is provided, as follows:
Comment: The respondent stated that the rule appears to be a cost
cutting measure that will reduce exploitation of tax monies being used
to purchase products for the Government at an inflated rate.
Response: The rule clarifies the applicability of DFARS 252.211-
7008 and 252.232-7006 to acquisitions of commercial items.
III. Executive Orders 12866 and 13563
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, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows:
This rule revises DFARS part 212, Acquisition of Commercial Items,
to clarify the applicability of DFARS 252.211-7008, Use of Government-
Assigned Serial Numbers, and DFARS 252.232-7006, Wide Area WorkFlow
Payment Instructions, to acquisitions of commercial items.
This final rule applies to contractors, regardless of size or
business ownership, when responding to DoD solicitations or being
awarded contracts that are acquired utilizing FAR part 12 procedures.
The rule is not expected to have a significant impact on small entities
as it merely clarifies the use of two DFARS clauses. The final rule is
expected to have a slightly positive impact because the additional
clarity will help contracting officers and small businesses better
understand DoD's requirements.
No public comments were received in response to the initial
regulatory flexibility analysis. The rule does not contain any
reporting or recordkeeping requirements and does not require
contractors to expend significant cost or effort. There are no known
significant alternatives to the rule that would further minimize any
economic impact of the rule on small entities
V. Paperwork Reduction Act
The 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).
List of Subjects in 48 CFR Parts 211, 212, and 232
Government procurement.
Amy G. Williams,
Deputy, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 212, and 232 are amended as follows:
0
1. The authority citation for 48 CFR parts 211, 212, and 232 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
0
2. In section 211.274-6, paragraph (c) introductory text is revised to
read as follows:
211.274-6 Contract clauses.
* * * * *
(c) Use the clause at 252.211-7008, Use of Government-Assigned
Serial Numbers, in solicitations and contracts, including solicitations
and contracts using FAR part 12 procedures for the acquisition of
commercial items, that--
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 212.301 by--
0
a. Redesignating--
0
i. Paragraphs (f)(1ii) through (lxx) as (f)(liv) through (lxxii);
0
ii. Paragraphs (f)(xv) through (li) as (f)(xvi) through (lii); and
0
b. Adding new paragraphs (f)(xv) and (liii).
0
The additions read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xv) Use the clause at 252.211-7008, Use of Government-Assigned
Serial Numbers, as prescribed in 211.274-6(c).
* * * * *
(liii) Use the clause at 252.232 -7006, Wide Area WorkFlow Payment
Instructions, as prescribed in 232.7004(b).
* * * * *
PART 232--CONTRACT FINANCING
0
4. In section 232.7004, revise the section heading and paragraph (b) to
read as follows:
232.7004 Contract clauses.
* * * * *
[[Page 44314]]
(b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, in solicitations and contracts, including solicitations
and contracts using FAR part 12 procedures for the acquisition of
commercial items, when 252.232-7003 is used and neither 232.7003(b) nor
(c) apply. See PGI 232.7004 for instructions on completing the clause.
[FR Doc. 2014-17941 Filed 7-30-14; 8:45 am]
BILLING CODE 5001-06-P
