Defense Federal Acquisition Regulation Supplement; Annual Representations and Certifications (DFARS Case 2009-D011), 71646-71647 [2010-29495]
Download as PDF
<![CDATA[
71646
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204 and 252
RIN 0750–AG39
Defense Federal Acquisition
Regulation Supplement; Annual
Representations and Certifications
(DFARS Case 2009–D011)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
conform it to changes in the Federal
Acquisition Regulation (FAR) relating to
annual representations and
certifications.
SUMMARY:
Comment date: Comments on
this proposed rule should be submitted
in writing to the address shown below
on or before January 24, 2011, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2009–D011,
using any of the following methods:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include
DFARS Case 2009–D011 in the subject
line of the message.
Fax: 703–602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Julian E. Thrash,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
DATES:
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
FOR FURTHER INFORMATION CONTACT:
Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
DFARS 252.204–7007, Alternate A,
Annual Representations and
Certifications, was structured to
supplement paragraph (d) of FAR
52.204–8, Annual Representations and
VerDate Mar<15>2010
15:12 Nov 23, 2010
Jkt 223001
Certifications (formerly paragraph (c)).
FAR 52.204–8 was changed to add a
new paragraph (c), which indicates the
applicable representations and
certifications in ORCA. The
representations and certifications in
ORCA are those provisions and clauses
listed in the prescribing language
contained in FAR 4.1202. The change
also requires the DFARS representations
and certifications in ORCA to be listed
in DFARS 252.204–7007. The DFARS
representations and certifications are
those provisions and clauses contained
in the prescribing language listed in
DFARS 204.1202.
Further, DFARS 252.212–7000,
Offeror Representations and
Certifications–Commercial Items,
should be removed from DFARS
204.1202(2)(ii). The prescribing
language requires inclusion of this
provision in all solicitations for
commercial items exceeding the
simplified acquisition threshold.
Further, the inclusion of 252.204–7007,
Alternate A, Annual Representations
and Certifications, is applicable when
the provision at FAR 52.204–8, Annual
Representations and Certifications, is
included in solicitations, except for
commercial item solicitations.
In addition, the proposed changes
include the following:
• Delete the reference to 252.216–
7003, and 252.239–7011 from DFARS
204.1202, because these are clauses, not
provisions.
• Revise DFARS 252.204–7007 to
incorporate the listing of representations
or certifications in ORCA that are
applicable to the solicitation.
• Address in paragraph (d) of DFARS
252.204–7007 the applicability of
representations and certifications in
ORCA, as set forth in provisions and
clauses at DFARS 252.209–7005,
252.225–7000, 252.225–7020, 252.225–
7022, 252.225–7031, 252.225–7035,
252.225–7042, 252.229–7003, 252.229–
7005, and 252.247–7022.
II. Executive Order 12866
This is not a significant regulatory
action and, therefore, was not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30,1993.
III. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because the change is to internal
Government operating procedures.
Therefore, an initial regulatory
flexibility analysis has not been
PO 00000
Frm 00080
Fmt 4702
Sfmt 4702
performed. DoD invites comments from
small entities and other interested
parties.
DoD will also consider comments
from small entities concerning the
affected DFARS subparts in accordance
with 5 U.S.C. 610. Interested parties
must submit such comments separately
and should cite 5 U.S.C 601, et seq.,
(DFARS case 2009–D011), in
correspondence.
IV. 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.
List of Subjects in 48 CFR Parts 204 and
252
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 204 and 252 as follows:
1. The authority citation for 48 CFR
parts 204 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Amend section 204.1202 by
removing paragraphs (2)(ii), (2)(iii), and
(2)(xi); redesignating paragraphs (2)(iv)
and (2)(v) as paragraphs (2)(ii) and
(2)(iii), respectively; redesignating
paragraphs (2)(vi) through (2)(x) as
paragraphs (2)(v) through (2)(ix),
respectively; redesignating paragraph
(2)(xii) as paragraph (2)(x) and adding
paragraph (2)(iv), to read as follows:
204.1202 Solicitation provision and
contract clause.
*
*
*
*
*
(2) * * *
(iv) 252.225–7022, Trade Agreements
Certificate–Inclusion of Iraqi End
Products.
*
*
*
*
*
3. Revise section 252.204–7007 to
read as follows:
252.204–7007 Alternate A, Annual
Representations and Certifications.
ALTERNATE A, ANNUAL
REPRESENTATIONS AND
CERTIFICATIONS
(DATE)
As prescribed in 204.1202, substitute the
following paragraphs (d) and (e) for
paragraph (d) of the provision at FAR
52.204–8:
E:\FR\FM\24NOP1.SGM
24NOP1
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Proposed Rules
(d) The following representations or
certifications in ORCA are applicable to this
solicitation as indicated:
(i) 252.209–7005, Reserve Officer Training
Corps and Military Recruiting on Campus.
This clause applies to all solicitations and
contracts with institutions of higher
education.
(ii) 252.225–7000, Buy American Act—
Balance of Payments Program Certificate.
This provision applies to solicitations
containing the clause at 252.225–7001, Buy
American Act and Balance of Payments
Program.
(iii) 252.225–7020, Trade Agreements
Certificate. This provision applies to
solicitations containing the clause at
252.225–7021, Trade Agreements.
(iv) 252.225–7022, Trade Agreements
Certificate—Inclusion of Iraqi End Products.
This provision applies to solicitations
containing the clause at 252.225–7021, Trade
Agreements, used with its Alternate I.
(v) 252.225–7031, Secondary Arab Boycott
of Israel. This provision applies to all
solicitations unless an exception applies or a
waiver has been granted in accordance with
225.7604.
(vi) 252.225–7035, Buy American Act—
Free Trade Agreements—Balance of
Payments Program Certificate. This provision
applies to solicitations that include the
clause at 252.225–7036, Buy American Act—
Free Trade Agreements—Balance of
Payments Program. Alternate I applies when
the clause at 252.225–7036 is used with its
Alternate I.
(vii) 252.225–7042, Authorization to
Perform. This provision applies to
solicitations when contract performance will
be wholly or in part in a foreign country.
(viii) 252.229–7003, Tax Exemptions
(Italy). This clause applies to solicitations
and contracts when contract performance
will be in Italy.
(ix) 252.229–7005, Tax Exemptions
(Spain). This clause applies to solicitations
and contracts when contract performance
will be in Spain.
(x) 252.247–7022, Representation of Extent
of Transportation by Sea. This provision
applies to all solicitations except—
(A) Those for direct purchase of ocean
transportation services; or
(B) Those with an anticipated value at or
below the simplified acquisition threshold.
FAR/DFARS Clause #
Any changes provided by the offeror are
applicable to this solicitation only, and do
not result in an update to the representations
and certifications posted on ORCA.
[FR Doc. 2010–29495 Filed 11–23–10; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 215
Defense Federal Acquisition
Regulation Supplement; Discussions
Prior to Contract Award (DFARS Case
2010–D013)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
Proposed rule with request for
comments.
ACTION:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
strongly encourage discussions prior to
award for source selections of
procurements estimated at $100 million
or more. The proposed change was
recommended by the DoD Source
Selection Joint Analysis Team.
jdjones on DSK8KYBLC1PROD with PROPOSALS-1
SUMMARY:
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
DATES:
VerDate Mar<15>2010
15:12 Nov 23, 2010
Jkt 223001
Ms.
Meredith Murphy, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), 3060 Defense Pentagon,
Room 3B855, Washington, DC 20301–
3060. Telephone 703–602–1302;
facsimile 703–602–0350. Please cite
DFARS Case 2010–D013.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
PO 00000
Frm 00081
(e) The offeror has completed the annual
representations and certifications
electronically via the Online Representations
and Certifications Application (ORCA) Web
site at https://orca.bpn.gov/. After reviewing
the ORCA database information, the offeror
verifies by submission of the offer that the
representations and certifications currently
posted electronically that apply to this
solicitation as indicated in paragraphs (d)
and (e) of this provision have been entered
or updated within the last 12 months, are
current, accurate, complete, and applicable to
this solicitation (including the business size
standard applicable to the NAICS code
referenced for this solicitation), as of the date
of this offer, and are incorporated in this offer
by reference (see FAR 4.1201); except for the
changes identified below [offeror to insert
changes, identifying change by clause
number, title, date]. These amended
representation(s) and/or certification(s) are
also incorporated in this offer and are
current, accurate, and complete as of the date
of this offer.
Title
January 24, 2011, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS Case 2010–D013,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2010–D013 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Meredith
Murphy, OUSD (AT&L) DPAP (DARS),
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
To confirm receipt of your
comment(s), please check https://
www.regulations.gov approximately two
to three days after submission to verify
posting (except allow 30 days for
posting of comments submitted by
mail).
Fmt 4702
Sfmt 4702
71647
Date
Change
I. Background
This DFARS case was initiated at the
request of the DoD Source Selection
Joint Analysis Team (JAT), chartered by
the Deputy Under Secretary of Defense
(Acquisition, Technology, and Logistics)
to revise the DoD source selection
procedures (which are being published
separately).
In their examination of current source
selection processes utilized within the
DoD, members of the JAT determined
that there is a significant positive
correlation between high-dollar value
source selections conducted without
discussions and protests sustained.
Therefore, to improve the quality of
high-dollar value, more complex source
selections and reduce turbulence and
inefficiency resulting from sustained
protests, the JAT recommended that
discussions prior to award be strongly
encouraged for source selections with a
dollar value of $100 million or more.
DoD research has indicated that
holding meaningful discussions with
industry prior to contract award on
high-dollar value, complex
requirements improves both industry’s
understanding of solicitation
requirements and the Government’s
understanding of industry issues. By
identifying and discussing these issues
prior to submission of final proposals,
the Government is often able to issue
clarifying language. The modified
requirements documentation allows
E:\FR\FM\24NOP1.SGM
24NOP1
]]>Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Proposed Rules]
[Pages 71646-71647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29495]
[[Page 71646]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 252
RIN 0750-AG39
Defense Federal Acquisition Regulation Supplement; Annual
Representations and Certifications (DFARS Case 2009-D011)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to conform it to changes in the Federal
Acquisition Regulation (FAR) relating to annual representations and
certifications.
DATES: Comment date: Comments on this proposed rule should be submitted
in writing to the address shown below on or before January 24, 2011, to
be considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2009-D011,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov. Follow the
instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2009-D011 in the subject
line of the message.
Fax: 703-602-0350.
Mail: Defense Acquisition Regulations System, Attn: Mr. Julian E.
Thrash, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided.
To confirm receipt of your comment(s), please check https://www.regulations.gov approximately two to three days after submission to
verify posting (except allow 30 days for posting of comments submitted
by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian E. Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DFARS 252.204-7007, Alternate A, Annual Representations and
Certifications, was structured to supplement paragraph (d) of FAR
52.204-8, Annual Representations and Certifications (formerly paragraph
(c)). FAR 52.204-8 was changed to add a new paragraph (c), which
indicates the applicable representations and certifications in ORCA.
The representations and certifications in ORCA are those provisions and
clauses listed in the prescribing language contained in FAR 4.1202. The
change also requires the DFARS representations and certifications in
ORCA to be listed in DFARS 252.204-7007. The DFARS representations and
certifications are those provisions and clauses contained in the
prescribing language listed in DFARS 204.1202.
Further, DFARS 252.212-7000, Offeror Representations and
Certifications-Commercial Items, should be removed from DFARS
204.1202(2)(ii). The prescribing language requires inclusion of this
provision in all solicitations for commercial items exceeding the
simplified acquisition threshold. Further, the inclusion of 252.204-
7007, Alternate A, Annual Representations and Certifications, is
applicable when the provision at FAR 52.204-8, Annual Representations
and Certifications, is included in solicitations, except for commercial
item solicitations.
In addition, the proposed changes include the following:
Delete the reference to 252.216-7003, and 252.239-7011
from DFARS 204.1202, because these are clauses, not provisions.
Revise DFARS 252.204-7007 to incorporate the listing of
representations or certifications in ORCA that are applicable to the
solicitation.
Address in paragraph (d) of DFARS 252.204-7007 the
applicability of representations and certifications in ORCA, as set
forth in provisions and clauses at DFARS 252.209-7005, 252.225-7000,
252.225-7020, 252.225-7022, 252.225-7031, 252.225-7035, 252.225-7042,
252.229-7003, 252.229-7005, and 252.247-7022.
II. Executive Order 12866
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30,1993.
III. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the change is to internal Government operating procedures.
Therefore, an initial regulatory flexibility analysis has not been
performed. DoD invites comments from small entities and other
interested parties.
DoD will also consider comments from small entities concerning the
affected DFARS subparts in accordance with 5 U.S.C. 610. Interested
parties must submit such comments separately and should cite 5 U.S.C
601, et seq., (DFARS case 2009-D011), in correspondence.
IV. 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.
List of Subjects in 48 CFR Parts 204 and 252
Government procurement.
Clare M. Zebrowski,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204 and 252 as
follows:
1. The authority citation for 48 CFR parts 204 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Amend section 204.1202 by removing paragraphs (2)(ii), (2)(iii),
and (2)(xi); redesignating paragraphs (2)(iv) and (2)(v) as paragraphs
(2)(ii) and (2)(iii), respectively; redesignating paragraphs (2)(vi)
through (2)(x) as paragraphs (2)(v) through (2)(ix), respectively;
redesignating paragraph (2)(xii) as paragraph (2)(x) and adding
paragraph (2)(iv), to read as follows:
204.1202 Solicitation provision and contract clause.
* * * * *
(2) * * *
(iv) 252.225-7022, Trade Agreements Certificate-Inclusion of Iraqi
End Products.
* * * * *
3. Revise section 252.204-7007 to read as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
ALTERNATE A, ANNUAL REPRESENTATIONS AND CERTIFICATIONS
(DATE)
As prescribed in 204.1202, substitute the following paragraphs
(d) and (e) for paragraph (d) of the provision at FAR 52.204-8:
[[Page 71647]]
(d) The following representations or certifications in ORCA are
applicable to this solicitation as indicated:
(i) 252.209-7005, Reserve Officer Training Corps and Military
Recruiting on Campus. This clause applies to all solicitations and
contracts with institutions of higher education.
(ii) 252.225-7000, Buy American Act--Balance of Payments Program
Certificate. This provision applies to solicitations containing the
clause at 252.225-7001, Buy American Act and Balance of Payments
Program.
(iii) 252.225-7020, Trade Agreements Certificate. This provision
applies to solicitations containing the clause at 252.225-7021,
Trade Agreements.
(iv) 252.225-7022, Trade Agreements Certificate--Inclusion of
Iraqi End Products. This provision applies to solicitations
containing the clause at 252.225-7021, Trade Agreements, used with
its Alternate I.
(v) 252.225-7031, Secondary Arab Boycott of Israel. This
provision applies to all solicitations unless an exception applies
or a waiver has been granted in accordance with 225.7604.
(vi) 252.225-7035, Buy American Act--Free Trade Agreements--
Balance of Payments Program Certificate. This provision applies to
solicitations that include the clause at 252.225-7036, Buy American
Act--Free Trade Agreements--Balance of Payments Program. Alternate I
applies when the clause at 252.225-7036 is used with its Alternate
I.
(vii) 252.225-7042, Authorization to Perform. This provision
applies to solicitations when contract performance will be wholly or
in part in a foreign country.
(viii) 252.229-7003, Tax Exemptions (Italy). This clause applies
to solicitations and contracts when contract performance will be in
Italy.
(ix) 252.229-7005, Tax Exemptions (Spain). This clause applies
to solicitations and contracts when contract performance will be in
Spain.
(x) 252.247-7022, Representation of Extent of Transportation by
Sea. This provision applies to all solicitations except--
(A) Those for direct purchase of ocean transportation services;
or
(B) Those with an anticipated value at or below the simplified
acquisition threshold.
(e) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) Web site at https://orca.bpn.gov/.
After reviewing the ORCA database information, the offeror verifies
by submission of the offer that the representations and
certifications currently posted electronically that apply to this
solicitation as indicated in paragraphs (d) and (e) of this
provision have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation
(including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer, and
are incorporated in this offer by reference (see FAR 4.1201); except
for the changes identified below [offeror to insert changes,
identifying change by clause number, title, date]. These amended
representation(s) and/or certification(s) are also incorporated in
this offer and are current, accurate, and complete as of the date of
this offer.
------------------------------------------------------------------------
FAR/DFARS Clause Title Date Change
------------------------------------------------------------------------
------------------------------------------------------------------------
Any changes provided by the offeror are applicable to this
solicitation only, and do not result in an update to the
representations and certifications posted on ORCA.
[FR Doc. 2010-29495 Filed 11-23-10; 8:45 am]
BILLING CODE 5001-08-P
