Defense Federal Acquisition Regulation Supplement; Technical Amendments, 39008-39009 [E6-10841]

Download as PDF 39008 Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations (2) The purpose of the acquisition is clearly to determine or solve specific problems associated with the major weapon system or equipment. (ii) Do not apply the weighted guidelines method to CPAF contracts for either the base (fixed) fee or the award fee. (iii) The base fee shall not exceed 3 percent of the estimated cost of the contract exclusive of the fee. (S–70) See PGI 216.405–2 for guidance on the use of CPAF contracts. I 10. Section 216.470 is revised to read as follows: 216.470 Other applications of award fees. See PGI 216.470 for guidance on other applications of award fees. I 11. Section 216.703 is revised to read as follows: 216.703 Basic ordering agreements. (c) Limitations. The period during which orders may be placed against a basic ordering agreement may not exceed 5 years. (d) Orders. Follow the procedures at PGI 216.703(d) for issuing orders under basic ordering agreements. [FR Doc. E6–10838 Filed 7–10–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 219 [DFARS Case 2006–D010] Defense Federal Acquisition Regulation Supplement; Extension of Contract Goal for Small Disadvantaged Businesses and Certain Institutions of Higher Learning Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0289; facsimile (703) 602–0350. Please cite DFARS Case 2006-D010. rmajette on PROD1PC67 with RULES1 15:14 Jul 10, 2006 Jkt 208001 [FR Doc. E6–10853 Filed 7–10–06; 8:45 am] BILLING CODE 5001–08–P A. Background DEPARTMENT OF DEFENSE 10 U.S.C. 2323 establishes a goal for DoD to award five percent of contract and subcontract dollars to small disadvantaged businesses, historically black colleges and universities, and minority institutions. Section 842 of the National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109–163) extended the period for applicability of the goal through fiscal year 2009. This final rule amends DFARS 219.800 to reflect the extension. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. Defense Acquisition Regulations System B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006–D010. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq. Government procurement. SUMMARY: VerDate Aug<31>2005 [Amended] 2. Section 219.000 is amended in the introductory text by removing ‘‘2006’’ and adding in its place ‘‘2009’’. I SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 219 DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement Section 842 of the National Defense Authorization Act for Fiscal Year 2006. Section 842 extends, through fiscal year 2009, DoD’s goal to award five percent of contract and subcontract dollars to small disadvantaged businesses, historically black colleges and universities, and minority institutions. DATES: Effective Date: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense Acquisition 219.000 48 CFR Parts 225 and 252 Defense Federal Acquisition Regulation Supplement; Technical Amendments Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to add a reference to guidance documents, update an Internet address, and add paragraph designations in a contract clause. DATES: Effective Date: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0311; facsimile (703) 602–0350. SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as follows: • Section 225.7002–1. Adds a reference to guidance found in the DFARS companion resource, Procedures, Guidance, and Information (PGI). • Section 225.7401. Updates an Internet address. • Section 252.212–7001. Adds paragraph designations to the DFARS clauses listed within this contract clause. No substantive change is made to the content of the clause. Michele P. Peterson, Editor, Defense Acquisition Regulations System. List of Subjects in 48 CFR Parts 225 and 252 I Therefore, 48 CFR part 219 is amended as follows: Michele P. Peterson, Editor, Defense Acquisition Regulations System. PART 219–SMALL BUSINESS PROGRAMS I Government procurement. 1. The authority citation for 48 CFR part 219 continues to read as follows: Therefore, 48 CFR parts 225 and 252 are amended as follows: I 1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows: Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. I PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\11JYR1.SGM 11JYR1 Federal Register / Vol. 71, No. 132 / Tuesday, July 11, 2006 / Rules and Regulations PART 225—FOREIGN ACQUISITION 2. Section 225.7002–1 is amended in paragraph (b) by adding, after the period, a parenthetical sentence to read as follows: I 225.7002–1 Restrictions. * * * * * (b) * * * (For guidance on dealing with noncompliance with this requirement, see PGI 225.7002–1(b).) * * * * * I 3. Section 225.7401 is amended in paragraph (b) by revising the second sentence to read as follows: 225.7401 General. * * * * * (b) * * * Follow the procedures in Army in Europe Regulation 715–9, available at http:// www.per.hqusareur.army.mil/cpd/ docper/GermanyDefault.aspx. * * * * * PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Section 252.212–7001 is revised to read as follows: I 252.212–7001 Contract terms and conditions required to implement statutes or Executive orders applicable to Defense acquisitions of commercial items. rmajette on PROD1PC67 with RULES1 As prescribed in 212.301(f)(iii), use the following clause: Contract Terms and Conditions Required to Implement Statutes or Executive Orders Applicable to Defense Acquisitions of Commercial Items (Jul 2006) (a) The Contractor agrees to comply with the following Federal Acquisition Regulation (FAR) clause which, if checked, is included in this contract by reference to implement a provision of law applicable to acquisitions of commercial items or components. ll52.203–3, Gratuities (APR 1984) (10 U.S.C. 2207). (b) The Contractor agrees to comply with any clause that is checked on the following list of Defense FAR Supplement clauses which, if checked, is included in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items or components. (1) ll252.205–7000, Provision of Information to Cooperative Agreement Holders (DEC 1991) (10 U.S.C. 2416). (2) ll252.219–7003, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 U.S.C. 637). (3) ll252.219–7004, Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 U.S.C. 637 note). (4) ll252.225–7001, Buy American Act and Balance of Payments Program (JUN 2005) (41 U.S.C. 10a–10d, E.O. 10582). VerDate Aug<31>2005 15:14 Jul 10, 2006 Jkt 208001 (5) ll252.225–7012, Preference for Certain Domestic Commodities (JUN 2004) (10 U.S.C. 2533a). (6) ll252.225–7014, Preference for Domestic Specialty Metals (JUN 2005) (10 U.S.C. 2533a). (7) ll252.225–7015, Restriction on Acquisition of Hand or Measuring Tools (JUN 2005) (10 U.S.C. 2533a). (8) ll252.225–7016, Restriction on Acquisition of Ball and Roller Bearings (MAR 2006) (Section 8065 of Public Law 107–117 and the same restriction in subsequent DoD appropriations acts). (9) ll252.225–7021, Trade Agreements (JUN 2006) (19 U.S.C. 2501–2518 and 19 U.S.C. 3301 note). (10) ll252.225–7027, Restriction on Contingent Fees for Foreign Military Sales (APR 2003) (22 U.S.C. 2779). (11) ll252.225–7028, Exclusionary Policies and Practices of Foreign Governments (APR 2003) (22 U.S.C. 2755). (12)(i) ll252.225–7036, Buy American Act—Free Trade Agreements—Balance of Payments Program (JUN 2006) (41 U.S.C. 10a–10d and 19 U.S.C. 3301 note). (ii) Alternate I (JAN 2005) of 252.225–7036. (13) ll252.225–7038, Restriction on Acquisition of Air Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)). (14) ll252.226–7001, Utilization of Indian Organizations, Indian-Owned Economic Enterprises, and Native Hawaiian Small Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107–248 and similar sections in subsequent DoD appropriations acts). (15) ll252.227–7015, Technical Data— Commercial Items (NOV 1995) (10 U.S.C. 2320). (16) ll252.227–7037, Validation of Restrictive Markings on Technical Data (SEP 1999) (10 U.S.C. 2321). (17) ll252.232–7003, Electronic Submission of Payment Requests (MAY 2006) (10 U.S.C. 2227). (18) ll252.237–7019, Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Public Law 108–375). (19) ll252.243–7002, Requests for Equitable Adjustment (MAR 1998) (10 U.S.C. 2410). (20)(i) ll252.247–7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (ii) llAlternate I (MAR 2000) of 252.247– 7023. (iii) llAlternate II (MAR 2000) of 252.247–7023. (iv) llAlternate III (MAY 2002) of 252.247–7023. (21) ll252.247–7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (c) In addition to the clauses listed in paragraph (e) of the Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items clause of this contract (FAR 52.212–5), the Contractor shall include the terms of the following clauses, if applicable, in subcontracts for commercial items or commercial components, awarded at any tier under this contract: PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 39009 (1) 252.225–7014, Preference for Domestic Specialty Metals, Alternate I (APR 2003) (10 U.S.C. 2533a). (2) 252.237–7019, Training for Contractor Personnel Interacting with Detainees (SEP 2005) (Section 1092 of Public Law 108–375). (3) 252.247–7023, Transportation of Supplies by Sea (MAY 2002) (10 U.S.C. 2631). (4) 252.247–7024, Notification of Transportation of Supplies by Sea (MAR 2000) (10 U.S.C. 2631). (End of clause) [FR Doc. E6–10841 Filed 7–10–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 239 [DFARS Case 2003–D094] Defense Federal Acquisition Regulation Supplement; Exchange or Sale of Government-Owned Information Technology Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete obsolete procedures for the exchange or sale of Governmentowned information technology. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. DATES: Effective Date: July 11, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0293; facsimile (703) 602–0350. Please cite DFARS Case 2003–D094. SUPPLEMENTARY INFORMATION: A. Background DFARS Transformation is a major DoD initiative to dramatically change the purpose and content of the DFARS. The objective is to improve the efficiency and effectiveness of the acquisition process, while allowing the acquisition workforce the flexibility to innovate. The transformed DFARS will contain only requirements of law, DoDwide policies, delegations of FAR authorities, deviations from FAR requirements, and policies/procedures E:\FR\FM\11JYR1.SGM 11JYR1

Agencies

[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Rules and Regulations]
[Pages 39008-39009]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-10841]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to add a reference to 
guidance documents, update an Internet address, and add paragraph 
designations in a contract clause.

DATES: Effective Date: July 11, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0311; facsimile (703) 602-0350.

SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as 
follows:
     Section 225.7002-1. Adds a reference to guidance found in 
the DFARS companion resource, Procedures, Guidance, and Information 
(PGI).
     Section 225.7401. Updates an Internet address.
     Section 252.212-7001. Adds paragraph designations to the 
DFARS clauses listed within this contract clause. No substantive change 
is made to the content of the clause.

List of Subjects in 48 CFR Parts 225 and 252

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

[[Page 39009]]

PART 225--FOREIGN ACQUISITION

0
2. Section 225.7002-1 is amended in paragraph (b) by adding, after the 
period, a parenthetical sentence to read as follows:


225.7002-1  Restrictions.

* * * * *
    (b) * * * (For guidance on dealing with noncompliance with this 
requirement, see PGI 225.7002-1(b).)
* * * * *

0
3. Section 225.7401 is amended in paragraph (b) by revising the second 
sentence to read as follows:


225.7401  General.

* * * * *
    (b) * * * Follow the procedures in Army in Europe Regulation 715-9, 
available at http://www.per.hqusareur.army.mil/cpd/docper/
GermanyDefault.aspx.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Section 252.212-7001 is revised to read as follows:


252.212-7001  Contract terms and conditions required to implement 
statutes or Executive orders applicable to Defense acquisitions of 
commercial items.

    As prescribed in 212.301(f)(iii), use the following clause:

Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders Applicable to Defense Acquisitions of Commercial Items 
(Jul 2006)

    (a) The Contractor agrees to comply with the following Federal 
Acquisition Regulation (FAR) clause which, if checked, is included 
in this contract by reference to implement a provision of law 
applicable to acquisitions of commercial items or components.
    ----52.203-3, Gratuities (APR 1984) (10 U.S.C. 2207).
    (b) The Contractor agrees to comply with any clause that is 
checked on the following list of Defense FAR Supplement clauses 
which, if checked, is included in this contract by reference to 
implement provisions of law or Executive orders applicable to 
acquisitions of commercial items or components.
    (1) ----252.205-7000, Provision of Information to Cooperative 
Agreement Holders (DEC 1991) (10 U.S.C. 2416).
    (2) ----252.219-7003, Small, Small Disadvantaged and Women-Owned 
Small Business Subcontracting Plan (DoD Contracts) (APR 1996) (15 
U.S.C. 637).
    (3) ----252.219-7004, Small, Small Disadvantaged and Women-Owned 
Small Business Subcontracting Plan (Test Program) (JUN 1997) (15 
U.S.C. 637 note).
    (4) ----252.225-7001, Buy American Act and Balance of Payments 
Program (JUN 2005) (41 U.S.C. 10a-10d, E.O. 10582).
    (5) ----252.225-7012, Preference for Certain Domestic 
Commodities (JUN 2004) (10 U.S.C. 2533a).
    (6) ----252.225-7014, Preference for Domestic Specialty Metals 
(JUN 2005) (10 U.S.C. 2533a).
    (7) ----252.225-7015, Restriction on Acquisition of Hand or 
Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
    (8) ----252.225-7016, Restriction on Acquisition of Ball and 
Roller Bearings (MAR 2006) (Section 8065 of Public Law 107-117 and 
the same restriction in subsequent DoD appropriations acts).
    (9) ----252.225-7021, Trade Agreements (JUN 2006) (19 U.S.C. 
2501-2518 and 19 U.S.C. 3301 note).
    (10) ----252.225-7027, Restriction on Contingent Fees for 
Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
    (11) ----252.225-7028, Exclusionary Policies and Practices of 
Foreign Governments (APR 2003) (22 U.S.C. 2755).
    (12)(i) ----252.225-7036, Buy American Act--Free Trade 
Agreements--Balance of Payments Program (JUN 2006) (41 U.S.C. 10a-
10d and 19 U.S.C. 3301 note).
    (ii) Alternate I (JAN 2005) of 252.225-7036.
    (13) ----252.225-7038, Restriction on Acquisition of Air Circuit 
Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).
    (14) ----252.226-7001, Utilization of Indian Organizations, 
Indian-Owned Economic Enterprises, and Native Hawaiian Small 
Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and 
similar sections in subsequent DoD appropriations acts).
    (15) ----252.227-7015, Technical Data--Commercial Items (NOV 
1995) (10 U.S.C. 2320).
    (16) ----252.227-7037, Validation of Restrictive Markings on 
Technical Data (SEP 1999) (10 U.S.C. 2321).
    (17) ----252.232-7003, Electronic Submission of Payment Requests 
(MAY 2006) (10 U.S.C. 2227).
    (18) ----252.237-7019, Training for Contractor Personnel 
Interacting with Detainees (SEP 2005) (Section 1092 of Public Law 
108-375).
    (19) ----252.243-7002, Requests for Equitable Adjustment (MAR 
1998) (10 U.S.C. 2410).
    (20)(i) ----252.247-7023, Transportation of Supplies by Sea (MAY 
2002) (10 U.S.C. 2631).
    (ii) ----Alternate I (MAR 2000) of 252.247-7023.
    (iii) ----Alternate II (MAR 2000) of 252.247-7023.
    (iv) ----Alternate III (MAY 2002) of 252.247-7023.
    (21) ----252.247-7024, Notification of Transportation of 
Supplies by Sea (MAR 2000) (10 U.S.C. 2631).
    (c) In addition to the clauses listed in paragraph (e) of the 
Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items clause of this contract (FAR 
52.212-5), the Contractor shall include the terms of the following 
clauses, if applicable, in subcontracts for commercial items or 
commercial components, awarded at any tier under this contract:
    (1) 252.225-7014, Preference for Domestic Specialty Metals, 
Alternate I (APR 2003) (10 U.S.C. 2533a).
    (2) 252.237-7019, Training for Contractor Personnel Interacting 
with Detainees (SEP 2005) (Section 1092 of Public Law 108-375).
    (3) 252.247-7023, Transportation of Supplies by Sea (MAY 2002) 
(10 U.S.C. 2631).
    (4) 252.247-7024, Notification of Transportation of Supplies by 
Sea (MAR 2000) (10 U.S.C. 2631).

(End of clause)

 [FR Doc. E6-10841 Filed 7-10-06; 8:45 am]
BILLING CODE 5001-08-P