Defense Federal Acquisition Regulation Supplement: Electronic Copies of Contractual Documents (DFARS Case 2012-D056), 58630-58632 [2015-24785]
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58630
Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations
FY 2016 PROCESSING AND FILING FEE TABLE—Continued
Document/action
FY 2016 fee
Nomination of lands ..................................................................................................................................................
plus per acre nomination fee .............................................................................................................................
Site license application ..............................................................................................................................................
Assignment or transfer of site license .......................................................................................................................
115
0.11
60
60
Coal (parts 3400, 3470)
License to mine application .......................................................................................................................................
Exploration license application ..................................................................................................................................
Lease or lease interest transfer ................................................................................................................................
10
335
65
Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)
Applications other than those listed below ...............................................................................................................
Prospecting permit application amendment ..............................................................................................................
Extension of prospecting permit ................................................................................................................................
Lease modification or fringe acreage lease ..............................................................................................................
Lease renewal ...........................................................................................................................................................
Assignment, sublease, or transfer of operating rights ..............................................................................................
Transfer of overriding royalty ....................................................................................................................................
Use permit .................................................................................................................................................................
Shasta and Trinity hardrock mineral lease ...............................................................................................................
Renewal of existing sand and gravel lease in Nevada ............................................................................................
35
65
110
30
525
30
30
30
30
30
Public Law 359; Mining in Powersite Withdrawals: General (part 3730)
Notice of protest of placer mining operations ...........................................................................................................
10
Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)
Application to open lands to location ........................................................................................................................
Notice of location * .....................................................................................................................................................
Amendment of location .............................................................................................................................................
Transfer of mining claim/site .....................................................................................................................................
Recording an annual FLPMA filing ...........................................................................................................................
Deferment of assessment work ................................................................................................................................
Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ..................................
Mineral patent adjudication .......................................................................................................................................
Adverse claim ............................................................................................................................................................
Protest .......................................................................................................................................................................
10
20
10
10
10
110
30
3,075 (more than 10 claims)
1,535 (10 or fewer claims)
110
65
Oil Shale Management (parts 3900, 3910, 3930)
Exploration license application ..................................................................................................................................
Application for assignment or sublease of record title or overriding royalty ............................................................
320
65
* To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location
fee required by statute. 43 CFR part 3833.
*
*
*
*
*
Defense Acquisition Regulations
System
BILLING CODE 4310–84–P
48 CFR Parts 204 and 237
[Docket No. DARS 2015–0009]
mstockstill on DSK4VPTVN1PROD with RULES
RIN 0750–AI29
Defense Federal Acquisition
Regulation Supplement: Electronic
Copies of Contractual Documents
(DFARS Case 2012–D056)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
VerDate Sep<11>2014
17:12 Sep 29, 2015
Jkt 235001
PO 00000
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Fmt 4700
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DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to establish that the Electronic
Data Access system is the primary tool
for distributing contracts and contract
data and to provide internal control
procedures for data verification to
ensure contract documents in the
Electronic Data Access system are
accurate representations of original
documents. This rule also removes
outmoded language that is not
consistent with electronic document
processes.
SUMMARY:
DEPARTMENT OF DEFENSE
[FR Doc. 2015–24699 Filed 9–29–15; 8:45 am]
Effective September 30, 2015.
Ms.
Tresa Sullivan, telephone 571–372–
6089.
DATES:
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\30SER1.SGM
30SER1
Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 4846 on
January 29, 2015, to establish that the
Electronic Document Access (EDA)
system is the primary tool for
distributing contracts and contract data
and to provide internal control
procedures for data verification to
ensure contract documents in EDA are
accurate representations of original
documents; and remove outmoded
language that does not resonate with
electronic document processes. No
respondents submitted public
comments in response to the proposed
rule.
mstockstill on DSK4VPTVN1PROD with RULES
II. Discussion and Analysis
There are some minor editorial
changes made from the proposed rule in
the final rule to clarify the distribution
of signed contract copies to contractors,
uploading of certain contract
attachments into EDA, and what
constitutes an original signature.
Accordingly, paragraph (a) is added to
DFARS 204.201 to clarify that
contracting officers shall distribute one
signed copy or reproduction of the
signed contract to the contractor in lieu
of the requirements at FAR 4.201(a).
DFARS 204.270–1, paragraph (a), and
204.802, paragraph (a), now include
statements that contract attachments
that are classified, are too sensitive for
widespread distribution, or cannot be
practicably converted to electronic
format should be provided by separate
cover and not uploaded into EDA.
Additionally, section 204.802,
paragraph (f) is added to state that a
photocopy, facsimile, electronic,
mechanically-applied and printed
signature, seal, and date are considered
to be an original signature, seal, and
date.
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
VerDate Sep<11>2014
17:12 Sep 29, 2015
Jkt 235001
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 below.
This rule is required to update guidance
in the Defense Federal Acquisition
Regulation Supplement (DFARS). A
review of the DFARS language related to
contract files and contract distribution
resulted in recommendations to remove
coverage that was structured to support
processes for and distribution of paper
files and paper copies and to add
coverage reflecting current electronic
processes.
This final rule amends the DFARS to
make the following changes:
• DFARS 204.201, paragraph (a),
clarifies that contracting officers shall
distribute one signed copy or
reproduction of the signed contract to
the contractor in lieu of the
requirements at FAR 4.201(a).
• DFARS 204.270, Electronic
Document Access, states the policy that
the Electronic Data Access (EDA)
System, an online repository for
contractual instruments and supporting
documents, is DoD’s primary tool for
electronic distribution of contractual
documents. The rule provides that
contract attachments that are classified,
are too sensitive for widespread
distribution, or cannot be practicably
converted to electronic format should be
provided by separate cover and not
uploaded into EDA. This section also
provides policy that agencies have
certain responsibilities when posting
documents to EDA, to include internal
control procedures that ensure
electronic copies of contract documents
and data in EDA are accurate
representations of original documents.
• DFARS 204.802, Contract Files, is
revised. The language in this section,
which addresses contract file
requirements for authenticating and
conforming paper documents and
copies, is being removed as it is
outdated. A new paragraph (a) is being
added, providing that electronic
documents posted to the EDA system
are a part of the contract file.
Additionally, paragraph (f) is added to
state that a photocopy, facsimile,
electronic, mechanically-applied and
printed signature, seal, and date are
considered to be an original signature,
seal, and date.
No comments were received from the
public in response to the initial
regulatory flexibility analysis.
There will be little, if any, impact on
small entities as this rule primarily
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58631
affects procedures for internal
Government electronic posting and
distribution of contractual documents.
This rule does not require any
reporting or recordkeeping, and no
alternatives were identified that will
accomplish the objectives of the rule.
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 204 and
237
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204 and 237
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204 and 237 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Amend section 204.201 by adding
paragraph (a) to read as follows:
■
204.201
Procedures.
*
*
*
*
*
(a) In lieu of the requirement at FAR
4.201 (a), contracting officers shall
distribute one signed copy or
reproduction of the signed contract to
the contractor.
204.270
[Amended]
3. Amend section 204.270 by
removing the text.
■ 4. Add sections 204.270–1 and
204.270–2 to subpart 204.2 to read as
follows:
■
204.270–1
Policy.
(a) The Electronic Document Access
(EDA) system, an online repository for
contractual instruments and supporting
documents, is DoD’s primary tool for
electronic distribution of contract
documents and contract data. Contract
attachments shall be uploaded to EDA,
except for contract attachments that are
classified, are too sensitive for
widespread distribution (e.g., personally
identifiable information and Privacy Act
and Health Insurance Portability and
Accountability Act, or cannot be
practicably converted to electronic
format (e.g., samples, drawings, and
models). Section J (or similar location
E:\FR\FM\30SER1.SGM
30SER1
58632
Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations
when the Uniform Contract Format is
not used) shall include the annotation
‘‘provided under separate cover’’ for any
attachment not uploaded to EDA.
(b) Agencies are responsible for
ensuring the following when posting
documents, including contractual
instruments, to EDA—
(1) The timely distribution of
documents; and
(2) That internal controls are in place
to ensure that—
(i) The electronic version of a contract
document in EDA is an accurate
representation of the contract; and
(ii) The contract data in EDA is an
accurate representation of the
underlying contract.
204.270–2
Procedures.
The procedures at PGI 204.270–2
provide details on how to record the
results of data verification in EDA.
When these procedures are followed,
contract documents in EDA are an
accurate representation of the contract
and therefore may be used for audit
purposes.
objectives for solicitations and contracts
for services. These plans should be
tailored to address the performance
risks inherent in the specific contract
type and the work effort addressed by
the contract. (See FAR subpart 46.4.)
Retain quality assurance surveillance
plans in the contract file. See https://
sam.dau.mil, Step Four—Requirements
Definition, for examples of quality
assurance surveillance plans.
[FR Doc. 2015–24785 Filed 9–29–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 232
[Docket No. DARS 2015–0047]
RIN 0750–AI70
5. Revise section 204.802 to read as
follows:
Defense Federal Acquisition
Regulation Supplement: Contract
Debts—Conform to FAR Section
Designations (DFARS Case 2015–
D029)
204.802
AGENCY:
■
Contract files.
(a) Any document posted to the
Electronic Document Access (EDA)
system is part of the contract file and is
accessible by multiple parties, including
the contractor. Do not include in EDA
contract documents that are classified,
too sensitive for widespread distribution
(e.g., personally identifiable information
and Privacy Act and Health Insurance
Portability and Accountability Act), or
attachments that cannot be practicably
converted to electronic format (e.g.,
samples, drawings, and models).
Inclusion of any document in EDA other
than contracts, modifications, and
orders is optional.
(f) A photocopy, facsimile, electronic,
mechanically-applied and printed
signature, seal, and date are considered
to be an original signature, seal, and
date.
204.805
[Amended]
6. Amend section 204.805, paragraph
(1), by removing ‘‘official contract files’’
and adding ‘‘contract files’’ in its place.
■
mstockstill on DSK4VPTVN1PROD with RULES
PART 237—SERVICE CONTRACTING
7. Revise section 237.172 to read as
follows:
■
237.172
Service contracts surveillance.
Ensure that quality assurance
surveillance plans are prepared in
conjunction with the preparation of the
statement of work or statement of
VerDate Sep<11>2014
17:12 Sep 29, 2015
Jkt 235001
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) subpart on contract debts to
conform with the comparable Federal
Acquisition Regulation (FAR) subpart.
DATES: Effective September 30, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie Hammond, telephone 571–372–
6174.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD is amending the numbering
structure for various sections in DFARS
subpart 232.6 and revising section
headings, where appropriate, in order to
conform with the FAR. This change will
align the DFARS with the same coverage
in the FAR. No changes are made
beyond the redesignation of DFARS
subpart 232.6 section numbers and the
conformation of DFARS section
headings to the FAR.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
PO 00000
Frm 00060
Fmt 4700
Sfmt 4700
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it 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 DFARS
sections are being renumbered merely to
conform to the FAR sections and the
DFARS section titles are being modified
to conform to the FAR section titles. The
content of the DFARS sections remains
unchanged. This will alleviate any
confusion the contracting officers may
have and aid in moving between the two
regulations with ease. These
requirements affect only the internal
operating procedures of the
Government.
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
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.
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).
E:\FR\FM\30SER1.SGM
30SER1
]]>Agencies
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58630-58632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-24785]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 237
[Docket No. DARS 2015-0009]
RIN 0750-AI29
Defense Federal Acquisition Regulation Supplement: Electronic
Copies of Contractual Documents (DFARS Case 2012-D056)
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 establish that the
Electronic Data Access system is the primary tool for distributing
contracts and contract data and to provide internal control procedures
for data verification to ensure contract documents in the Electronic
Data Access system are accurate representations of original documents.
This rule also removes outmoded language that is not consistent with
electronic document processes.
DATES: Effective September 30, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6089.
[[Page 58631]]
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 80 FR 4846
on January 29, 2015, to establish that the Electronic Document Access
(EDA) system is the primary tool for distributing contracts and
contract data and to provide internal control procedures for data
verification to ensure contract documents in EDA are accurate
representations of original documents; and remove outmoded language
that does not resonate with electronic document processes. No
respondents submitted public comments in response to the proposed rule.
II. Discussion and Analysis
There are some minor editorial changes made from the proposed rule
in the final rule to clarify the distribution of signed contract copies
to contractors, uploading of certain contract attachments into EDA, and
what constitutes an original signature. Accordingly, paragraph (a) is
added to DFARS 204.201 to clarify that contracting officers shall
distribute one signed copy or reproduction of the signed contract to
the contractor in lieu of the requirements at FAR 4.201(a). DFARS
204.270-1, paragraph (a), and 204.802, paragraph (a), now include
statements that contract attachments that are classified, are too
sensitive for widespread distribution, or cannot be practicably
converted to electronic format should be provided by separate cover and
not uploaded into EDA. Additionally, section 204.802, paragraph (f) is
added to state that a photocopy, facsimile, electronic, mechanically-
applied and printed signature, seal, and date are considered to be an
original signature, seal, and date.
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 below. This rule is required to update guidance in
the Defense Federal Acquisition Regulation Supplement (DFARS). A review
of the DFARS language related to contract files and contract
distribution resulted in recommendations to remove coverage that was
structured to support processes for and distribution of paper files and
paper copies and to add coverage reflecting current electronic
processes.
This final rule amends the DFARS to make the following changes:
DFARS 204.201, paragraph (a), clarifies that contracting
officers shall distribute one signed copy or reproduction of the signed
contract to the contractor in lieu of the requirements at FAR 4.201(a).
DFARS 204.270, Electronic Document Access, states the
policy that the Electronic Data Access (EDA) System, an online
repository for contractual instruments and supporting documents, is
DoD's primary tool for electronic distribution of contractual
documents. The rule provides that contract attachments that are
classified, are too sensitive for widespread distribution, or cannot be
practicably converted to electronic format should be provided by
separate cover and not uploaded into EDA. This section also provides
policy that agencies have certain responsibilities when posting
documents to EDA, to include internal control procedures that ensure
electronic copies of contract documents and data in EDA are accurate
representations of original documents.
DFARS 204.802, Contract Files, is revised. The language in
this section, which addresses contract file requirements for
authenticating and conforming paper documents and copies, is being
removed as it is outdated. A new paragraph (a) is being added,
providing that electronic documents posted to the EDA system are a part
of the contract file. Additionally, paragraph (f) is added to state
that a photocopy, facsimile, electronic, mechanically-applied and
printed signature, seal, and date are considered to be an original
signature, seal, and date.
No comments were received from the public in response to the
initial regulatory flexibility analysis.
There will be little, if any, impact on small entities as this rule
primarily affects procedures for internal Government electronic posting
and distribution of contractual documents.
This rule does not require any reporting or recordkeeping, and no
alternatives were identified that will accomplish the objectives of the
rule.
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 204 and 237
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 237 are amended as follows:
0
1. The authority citation for 48 CFR parts 204 and 237 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Amend section 204.201 by adding paragraph (a) to read as follows:
204.201 Procedures.
* * * * *
(a) In lieu of the requirement at FAR 4.201 (a), contracting
officers shall distribute one signed copy or reproduction of the signed
contract to the contractor.
204.270 [Amended]
0
3. Amend section 204.270 by removing the text.
0
4. Add sections 204.270-1 and 204.270-2 to subpart 204.2 to read as
follows:
204.270-1 Policy.
(a) The Electronic Document Access (EDA) system, an online
repository for contractual instruments and supporting documents, is
DoD's primary tool for electronic distribution of contract documents
and contract data. Contract attachments shall be uploaded to EDA,
except for contract attachments that are classified, are too sensitive
for widespread distribution (e.g., personally identifiable information
and Privacy Act and Health Insurance Portability and Accountability
Act, or cannot be practicably converted to electronic format (e.g.,
samples, drawings, and models). Section J (or similar location
[[Page 58632]]
when the Uniform Contract Format is not used) shall include the
annotation ``provided under separate cover'' for any attachment not
uploaded to EDA.
(b) Agencies are responsible for ensuring the following when
posting documents, including contractual instruments, to EDA--
(1) The timely distribution of documents; and
(2) That internal controls are in place to ensure that--
(i) The electronic version of a contract document in EDA is an
accurate representation of the contract; and
(ii) The contract data in EDA is an accurate representation of the
underlying contract.
204.270-2 Procedures.
The procedures at PGI 204.270-2 provide details on how to record
the results of data verification in EDA. When these procedures are
followed, contract documents in EDA are an accurate representation of
the contract and therefore may be used for audit purposes.
0
5. Revise section 204.802 to read as follows:
204.802 Contract files.
(a) Any document posted to the Electronic Document Access (EDA)
system is part of the contract file and is accessible by multiple
parties, including the contractor. Do not include in EDA contract
documents that are classified, too sensitive for widespread
distribution (e.g., personally identifiable information and Privacy Act
and Health Insurance Portability and Accountability Act), or
attachments that cannot be practicably converted to electronic format
(e.g., samples, drawings, and models). Inclusion of any document in EDA
other than contracts, modifications, and orders is optional.
(f) A photocopy, facsimile, electronic, mechanically-applied and
printed signature, seal, and date are considered to be an original
signature, seal, and date.
204.805 [Amended]
0
6. Amend section 204.805, paragraph (1), by removing ``official
contract files'' and adding ``contract files'' in its place.
PART 237--SERVICE CONTRACTING
0
7. Revise section 237.172 to read as follows:
237.172 Service contracts surveillance.
Ensure that quality assurance surveillance plans are prepared in
conjunction with the preparation of the statement of work or statement
of objectives for solicitations and contracts for services. These plans
should be tailored to address the performance risks inherent in the
specific contract type and the work effort addressed by the contract.
(See FAR subpart 46.4.) Retain quality assurance surveillance plans in
the contract file. See https://sam.dau.mil, Step Four--Requirements
Definition, for examples of quality assurance surveillance plans.
[FR Doc. 2015-24785 Filed 9-29-15; 8:45 am]
BILLING CODE 5001-06-P
