Defense Federal Acquisition Regulation Supplement; Annual Representations and Certifications (DFARS Case 2009-D011), 58140-58142 [2011-23947]
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58140
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
Item No.
Supplies/Service
Quantity
0001 .........................................
0002 .........................................
Computer, Desktop with CPU, Keyboard and Mouse ...............
Monitor .......................................................................................
20
20
(End of provision)
II. Discussion and Analysis
[FR Doc. 2011–23953 Filed 9–19–11; 8:45 am]
BILLING CODE 5001–08–P
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: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to conform it to higher-level
changes in the Code of Federal
Regulation relating to annual
representations and certifications.
DATES: Effective date: September 20,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Mr. Julian Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
sroberts on DSK5SPTVN1PROD with RULES
I. Background
DFARS 204.1202 prescribes use of
DFARS provision 252.204–7007,
Alternate A, Annual Representations
and Certifications, in contracts that also
incorporate Federal Acquisition
Regulation (FAR) provision 52.204–8,
Annual Representations and
Certifications. FAR 52.204–8 was
changed to add a new paragraph (c),
which lists the applicable
representations and certifications in the
Online Representations and
Certifications Application (ORCA). This
FAR change necessitated a similar
modification of DFARS 252.204–7007.
DoD published a proposed rule in the
Federal Register at 75 FR 71646, on
November 24, 2010, to update DFARS
204.1202 and 252.204–7007. The public
comment period closed January 24,
2011. Two respondents submitted
comments on the proposed rule. A
discussion of the comments is provided
below.
VerDate Mar<15>2010
16:50 Sep 19, 2011
Jkt 223001
A. Applicability
Comment: A respondent
recommended DFARS 252.212–7000,
Offeror Representations and
Certifications—Commercial Items, be
retained in the list of representations
and certification at 204.1202(2) that are
not to be included in the solicitation
when using the provision DFARS
252.204–7007, because that provision is
to be used in non-commercial
solicitations only. Another respondent
recommended that DFARS 204.1202(2)
include provisions that are applicable to
solicitations, rather than those not
applicable, similar to FAR 52.204–8.
Response: The first respondent is
correct that DFARS provision 252.212–
7000 is for commercial solicitations
only and will not be included in
solicitations that include DFARS
252.204–7007, because that provision is
used when FAR 52.204–8 is included,
and that FAR provision is not used in
solicitations issued under FAR part 12
for acquisition of commercial items.
However, inclusion of DFARS 252.212–
7000 on the list at DFARS 204.1202(2)
is not appropriate, because the list at
DFARS 204.1202(2) should include only
provisions that are listed in 252.204–
7007, Alternate A, Annual
Representations and Certifications.
Therefore, the final rule does not retain
252.212–7000 on the list at 204.1202(2).
Further, DFARS 204.1202(2)
introductory text was amended to
clarify that the listed provisions will not
be included separately in the
solicitation, because the appropriate
representations and certifications will
be covered by inclusion of DFARS
252.204–7007 in the solicitation.
Comment: A respondent
recommended the representations at
DFARS 252.216–7003 and DFARS
252.239–7011 be retained in the list of
representations and certifications at
DFARS 252.204–7007 because the
Contractor is asked to make a
representation about itself.
Response: DFARS 252.216–7003 will
be retained in the list. DFARS 252.239–
7011, however, will not be included
because the clause requires contractors
to make certain representations during
contract performance concerning
reimbursement of special construction
and equipment costs. According to
DFARS 239.7408–1(a), ‘‘special
PO 00000
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Sfmt 4700
Unit
Price
Unit
EA
EA
Amount
...........
...........
construction normally involves a
common carrier giving a special service
or facility related to the performance of
the basic telecommunications service
requirements.’’ Since these are costs that
occur during contract performance, the
contractor would not be able to make a
proper representation prior to award.
B. Clarification
Comment: A respondent
recommended modifying the second
sentence of DFARS 252.204.7007(e) by
removing ‘‘as indicated in (d) and (e) of
this provision’’ and adding ‘‘as well as
those in (d) above’’ after ‘‘posted
electronically.’’
Response: When using the alternate at
DFARS 252.204–7007, paragraphs (d)
and (e) replace paragraph (d) of FAR
52.204–8. DFARS 252.204–7007(e)
provides that by submission of an offer,
the offeror verifies that the FAR 52.204–
8(c) representations and certifications
and the DFARS 252.204–7007(d)
representations and certifications are up
to date in ORCA. Accordingly, the
language in paragraph (e) was changed
to include the statement ‘‘as indicated
in FAR 52.204–8(c) and paragraph (d) of
this provision.’’
Comment: A respondent commented
that the second to last line of 252.204–
7007(e) should say ‘‘provision number’’
instead of ‘‘clause number.’’
Response: The term ‘‘clause number’’
was changed to ‘‘provision number’’ in
the second to last line of 252.204–
7007(e) and in the first block of the table
provided.
C. Additional Changes
DFARS 252.209–7001, Disclosure of
Ownership or Control by the
Government of a Terrorist Country,
which was inadvertently omitted from
the listing of provisions, has been added
to 204.1202(2)(i) and 252.204–
7007(d)(1)(i). The Alternates for
252.225–7020, Trade Agreements
Certificate, and 252.225–7035, Buy
American Act-Free Trade AgreementsBalance of Payments Program
Certificate, were added to 252.204–
7007(d)(2)(iii), and (vi), respectively.
Additionally, to further clarify
applicability of the various provisions,
252.204–7007(d) was reformatted into
two sections to separately list the
DFARS provisions that the contracting
officer may individually select if one of
the provisions applies for a particular
E:\FR\FM\20SER1.SGM
20SER1
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
procurement. Additionally, the
prescription for use of 252.204–7007
was reformatted to include it as a lead
in to the provision rather than being a
part of the provision.
PART 204—ADMINISTRATIVE
MATTERS
III. Executive Orders 12866 and 13563
204.1202
Executive Orders 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). Executive Order 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 Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
When using the provision at FAR
52.204–8, Annual Representations and
Certifications—
(1) Use the provision with 252.204–
7007, Alternate A, Annual
Representations and Certifications; and
(2) Do not include separately in the
solicitation the following provisions,
which are included in DFARS 252.204–
7007:
(i) 252.209–7001, Disclosure of
Ownership or Control by the
Government of a Terrorist Country.
(ii) 252.209–7005, Reserve Officer
Training Corps and Military Recruiting
on Campus.
(iii) 252.209–7002, Disclosure of
Ownership or Control by a Foreign
Government.
(iv) 252.216–7003, Economic Price
Adjustment—Wage Rates or Material
Prices Controlled by a Foreign
Government.
(v) 252.225–7000, Buy American
Act—Balance of Payments Program
Certificate.
(vi) 252.225–7020, Trade Agreements
Certificate.
(vii) 252.225–7022, Trade Agreements
Certificate—Inclusion of Iraqi End
Products.
(viii) 252.225–7031, Secondary Arab
Boycott of Israel.
(ix) 252.225–7035, Buy American
Act—Free Trade Agreements—Balance
of Payments Program Certificate.
(x) 252.225–7042, Authorization to
Perform.
(xi) 252.229–7003, Tax Exemptions
(Italy).
(xii) 252.229–7005, Tax Exemptions
(Spain).
(xiii) 252.247–7022, Representation of
Extent of Transportation by Sea.
2. Section 204.1202 is revised to read
as follows:
■
IV. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning for the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose any
additional requirements on small
businesses.
A proposed rule published in the
Federal Register at 75 FR 73997, on
November 30, 2010, invited comments
from small businesses and other
interested parties. No comments were
received from small entities on the
affected DFARS subpart with regard to
small businesses.
V. Paperwork Reduction Act
The rule does not impose 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
252
3. Section 252.204–7007 is revised to
read as follows:
sroberts on DSK5SPTVN1PROD with RULES
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
252.204–7007 Alternate A, Annual
Representations and Certifications.
Therefore, 48 CFR parts 204 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
16:50 Sep 19, 2011
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
■
Government procurement.
VerDate Mar<15>2010
Solicitation provision.
Jkt 223001
As prescribed in 204.1202, use the
following provision:
Alternate A, Annual Representations and
Certifications (Sep 2011)
Substitute the following paragraphs (d) and
(e) for paragraph (d) of the provision at FAR
52.204–8:
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
58141
(d)(1) The following representations or
certifications in ORCA are applicable to this
solicitation as indicated:
(i) 252.209–7001, Disclosure of Ownership
or Control by the Government of a Terrorist
Country. Applies to all solicitations expected
to result in contracts of $150,000 or more.
(ii) 252.209–7005, Reserve Officer Training
Corps and Military Recruiting on Campus.
Applies to all solicitations and contracts with
institutions of higher education.
(iii) 252.216–7003, Economic Price
Adjustment–Wage Rates or Material Prices
Controlled by a Foreign Government. Applies
to fixed-price supply and service contracts
when the contract is to be performed wholly
or in part in a foreign country, and a foreign
government controls wage rates or material
prices and may during contract performance
impose a mandatory change in wages or
prices of materials.
(iv) 252.225–7042, Authorization to
Perform. Applies to all solicitations when
performance will be wholly or in part in a
foreign country.
(v) 252.229–7003, Tax Exemptions (Italy).
Applies to solicitations and contracts when
contract performance will be in Italy.
(vi) 252.229–7005, Tax Exemptions
(Spain). Applies to solicitations and contracts
when contract performance will be in Spain.
(vii) 252.247–7022, Representation of
Extent of Transportation by Sea. Applies to
all solicitations except those for direct
purchase of ocean transportation services or
those with an anticipated value at or below
the simplified acquisition threshold.
(2) The following representations or
certifications in ORCA are applicable to this
solicitation as indicated by the Contracting
Officer: [Contracting Officer check as
appropriate.]
ll(i) 252.209–7002, Disclosure of
Ownership or Control by a Foreign
Government.
ll(ii) 252.225–7000, Buy American
Act—Balance of Payments Program
Certificate.
ll(iii) 252.225–7020, Trade Agreements
Certificate.
llUse with Alternate I.
ll(iv) 252.225–7022, Trade Agreements
Certificate—Inclusion of Iraqi End Products.
ll(v) 252.225–7031, Secondary Arab
Boycott of Israel.
ll(vi) 252.225–7035, Buy American
Act—Free Trade Agreements—Balance of
Payments Program Certificate.
llUse with Alternate I.
llUse with Alternate II.
llUse with Alternate III.
(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 FAR 52.204–8(c)
and paragraph (d) 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
E:\FR\FM\20SER1.SGM
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58142
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
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 provision number, title,
date]. These amended representation(s) and/
or certification(s) are also incorporated in
FAR/DFARS provision No.
Title
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.
(End of provision)
[FR Doc. 2011–23947 Filed 9–19–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 211 and 252
RIN 0750–AH05
Defense Federal Acquisition
Regulation Supplement; Passive Radio
Frequency Identification (DFARS Case
2010–D014)
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update requirements
relating to the use of passive radio
frequency identification (RFID).
DATES: Effective Date: September 20,
2011.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Dustin Pitsch, telephone 703–602–0289.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 76 FR 9714 on
February 26, 2011, in response to a
request of the Office of Logistics and
Materiel Readiness of the Office of the
Secretary of Defense (Acquisition,
Technology, and Logistics) to update
requirements relating to the use of
passive radio frequency identification
(RFID).
sroberts on DSK5SPTVN1PROD with RULES
II. Discussion and Analysis
DoD received comments from two
respondents in response to the proposed
rule. One respondent expressed general
support for the rule.
Comment: A respondent stated that
RFID tags will play an expanded role in
inventory management and asset
16:50 Sep 19, 2011
Jkt 223001
Date
protection for the DoD and expanded
use should occur soon.
Response: DoD agrees that RFID use
in inventory management is expanding
and will continue to expand.
Comment: A respondent stated that
RFID tracking is not the current industry
standard for inventory management of
pharmaceuticals and that adding this
requirement would cost the suppliers
and DoD a significant amount of time
and money to implement. This
respondent believes that the current use
of 2D barcodes is sufficient for tracking
pharmaceuticals and that the DoD
should not require the use of passive
RFID.
Response: DoD agrees and the final
rule does not include a requirement for
passive RFID use for pharmaceuticals.
III. Executive Orders 12866 and 13563
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
this offer and are current, accurate, and
complete as of the date of this offer.
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 a significant
regulatory action and, therefore, was
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
DoD has prepared a Final Regulatory
Flexibility Analysis (FRFA) consistent
with the Regulatory Flexibility Act,
5 U.S.C. 601, et seq. The FRFA is
summarized as follows.
The DFARS previously listed
approximately 20 specific DoD activity
addresses and provides the authority for
using other ship-to locations ‘‘outside
the contiguous United States’’ under
certain circumstances. However, the
Defense Logistics Agency and the Navy
proposed adding more than 200
additional sites, making it impracticable
to list all DoD passive RFID addresses in
PO 00000
Frm 00054
Fmt 4700
Sfmt 4700
Change
the DFARS text or its associated clause.
Instead, this rule adds a Web site for
contractors to find the RFID Identifier
for each specific DoD ship-to address
that uses RFID technology. Including
the Web site in the DFARS has the
added benefit of enabling the addition
of new ship-to addresses in the future as
necessary without the need to revise the
DFARS in each case. This final rule
amends the revised, shortened list of
ship-to addresses at DFARS 211.275–
2(a)(2) to allow contracting officers to
add tagging requirements to contract
deliverables shipping to DoDAACs not
specifically included in the list as they
deem necessary.
The current OMB information
collection justification for the clause
associated with the current DFARS,
252.211–7006, entitled ‘‘Radio
Frequency Identification,’’ lists the
number of contractors impacted by the
RFID requirement as 25,500. While each
contractor has multiple submissions
(one for each shipment), it takes only
1.12 seconds per response. The rule
changes impact, if any, should decrease
the response time and not increase it.
V. Paperwork Reduction Act
There are information collection
requirements associated with the use of
RFIDs. However, there will be no
substantive change to the existing
information collection requirements
currently approved under OMB
Information Control Number 0704–
0434, DFARS; Radio Frequency
Identification Advance Shipment
Notices. Therefore, DoD has determined
that the final rule has no material
impact on the approved collection.
List of Subjects in 48 CFR Parts 211 and
252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 211 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 211 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
E:\FR\FM\20SER1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58140-58142]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23947]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to conform it to higher-level
changes in the Code of Federal Regulation relating to annual
representations and certifications.
DATES: Effective date: September 20, 2011.
FOR FURTHER INFORMATION CONTACT:
Mr. Julian Thrash, 703-602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
DFARS 204.1202 prescribes use of DFARS provision 252.204-7007,
Alternate A, Annual Representations and Certifications, in contracts
that also incorporate Federal Acquisition Regulation (FAR) provision
52.204-8, Annual Representations and Certifications. FAR 52.204-8 was
changed to add a new paragraph (c), which lists the applicable
representations and certifications in the Online Representations and
Certifications Application (ORCA). This FAR change necessitated a
similar modification of DFARS 252.204-7007.
DoD published a proposed rule in the Federal Register at 75 FR
71646, on November 24, 2010, to update DFARS 204.1202 and 252.204-7007.
The public comment period closed January 24, 2011. Two respondents
submitted comments on the proposed rule. A discussion of the comments
is provided below.
II. Discussion and Analysis
A. Applicability
Comment: A respondent recommended DFARS 252.212-7000, Offeror
Representations and Certifications--Commercial Items, be retained in
the list of representations and certification at 204.1202(2) that are
not to be included in the solicitation when using the provision DFARS
252.204-7007, because that provision is to be used in non-commercial
solicitations only. Another respondent recommended that DFARS
204.1202(2) include provisions that are applicable to solicitations,
rather than those not applicable, similar to FAR 52.204-8.
Response: The first respondent is correct that DFARS provision
252.212-7000 is for commercial solicitations only and will not be
included in solicitations that include DFARS 252.204-7007, because that
provision is used when FAR 52.204-8 is included, and that FAR provision
is not used in solicitations issued under FAR part 12 for acquisition
of commercial items. However, inclusion of DFARS 252.212-7000 on the
list at DFARS 204.1202(2) is not appropriate, because the list at DFARS
204.1202(2) should include only provisions that are listed in 252.204-
7007, Alternate A, Annual Representations and Certifications.
Therefore, the final rule does not retain 252.212-7000 on the list at
204.1202(2). Further, DFARS 204.1202(2) introductory text was amended
to clarify that the listed provisions will not be included separately
in the solicitation, because the appropriate representations and
certifications will be covered by inclusion of DFARS 252.204-7007 in
the solicitation.
Comment: A respondent recommended the representations at DFARS
252.216-7003 and DFARS 252.239-7011 be retained in the list of
representations and certifications at DFARS 252.204-7007 because the
Contractor is asked to make a representation about itself.
Response: DFARS 252.216-7003 will be retained in the list. DFARS
252.239-7011, however, will not be included because the clause requires
contractors to make certain representations during contract performance
concerning reimbursement of special construction and equipment costs.
According to DFARS 239.7408-1(a), ``special construction normally
involves a common carrier giving a special service or facility related
to the performance of the basic telecommunications service
requirements.'' Since these are costs that occur during contract
performance, the contractor would not be able to make a proper
representation prior to award.
B. Clarification
Comment: A respondent recommended modifying the second sentence of
DFARS 252.204.7007(e) by removing ``as indicated in (d) and (e) of this
provision'' and adding ``as well as those in (d) above'' after ``posted
electronically.''
Response: When using the alternate at DFARS 252.204-7007,
paragraphs (d) and (e) replace paragraph (d) of FAR 52.204-8. DFARS
252.204-7007(e) provides that by submission of an offer, the offeror
verifies that the FAR 52.204-8(c) representations and certifications
and the DFARS 252.204-7007(d) representations and certifications are up
to date in ORCA. Accordingly, the language in paragraph (e) was changed
to include the statement ``as indicated in FAR 52.204-8(c) and
paragraph (d) of this provision.''
Comment: A respondent commented that the second to last line of
252.204-7007(e) should say ``provision number'' instead of ``clause
number.''
Response: The term ``clause number'' was changed to ``provision
number'' in the second to last line of 252.204-7007(e) and in the first
block of the table provided.
C. Additional Changes
DFARS 252.209-7001, Disclosure of Ownership or Control by the
Government of a Terrorist Country, which was inadvertently omitted from
the listing of provisions, has been added to 204.1202(2)(i) and
252.204-7007(d)(1)(i). The Alternates for 252.225-7020, Trade
Agreements Certificate, and 252.225-7035, Buy American Act-Free Trade
Agreements-Balance of Payments Program Certificate, were added to
252.204-7007(d)(2)(iii), and (vi), respectively.
Additionally, to further clarify applicability of the various
provisions, 252.204-7007(d) was reformatted into two sections to
separately list the DFARS provisions that the contracting officer may
individually select if one of the provisions applies for a particular
[[Page 58141]]
procurement. Additionally, the prescription for use of 252.204-7007 was
reformatted to include it as a lead in to the provision rather than
being a part of the provision.
III. Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 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 Executive
Order 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
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning for the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose any additional requirements on small
businesses.
A proposed rule published in the Federal Register at 75 FR 73997,
on November 30, 2010, invited comments from small businesses and other
interested parties. No comments were received from small entities on
the affected DFARS subpart with regard to small businesses.
V. Paperwork Reduction Act
The rule does not impose 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 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 204 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Section 204.1202 is revised to read as follows:
204.1202 Solicitation provision.
When using the provision at FAR 52.204-8, Annual Representations
and Certifications--
(1) Use the provision with 252.204-7007, Alternate A, Annual
Representations and Certifications; and
(2) Do not include separately in the solicitation the following
provisions, which are included in DFARS 252.204-7007:
(i) 252.209-7001, Disclosure of Ownership or Control by the
Government of a Terrorist Country.
(ii) 252.209-7005, Reserve Officer Training Corps and Military
Recruiting on Campus.
(iii) 252.209-7002, Disclosure of Ownership or Control by a Foreign
Government.
(iv) 252.216-7003, Economic Price Adjustment--Wage Rates or
Material Prices Controlled by a Foreign Government.
(v) 252.225-7000, Buy American Act--Balance of Payments Program
Certificate.
(vi) 252.225-7020, Trade Agreements Certificate.
(vii) 252.225-7022, Trade Agreements Certificate--Inclusion of
Iraqi End Products.
(viii) 252.225-7031, Secondary Arab Boycott of Israel.
(ix) 252.225-7035, Buy American Act--Free Trade Agreements--Balance
of Payments Program Certificate.
(x) 252.225-7042, Authorization to Perform.
(xi) 252.229-7003, Tax Exemptions (Italy).
(xii) 252.229-7005, Tax Exemptions (Spain).
(xiii) 252.247-7022, Representation of Extent of Transportation by
Sea.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Section 252.204-7007 is revised to read as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
As prescribed in 204.1202, use the following provision:
Alternate A, Annual Representations and Certifications (Sep 2011)
Substitute the following paragraphs (d) and (e) for paragraph
(d) of the provision at FAR 52.204-8:
(d)(1) The following representations or certifications in ORCA
are applicable to this solicitation as indicated:
(i) 252.209-7001, Disclosure of Ownership or Control by the
Government of a Terrorist Country. Applies to all solicitations
expected to result in contracts of $150,000 or more.
(ii) 252.209-7005, Reserve Officer Training Corps and Military
Recruiting on Campus. Applies to all solicitations and contracts
with institutions of higher education.
(iii) 252.216-7003, Economic Price Adjustment-Wage Rates or
Material Prices Controlled by a Foreign Government. Applies to
fixed-price supply and service contracts when the contract is to be
performed wholly or in part in a foreign country, and a foreign
government controls wage rates or material prices and may during
contract performance impose a mandatory change in wages or prices of
materials.
(iv) 252.225-7042, Authorization to Perform. Applies to all
solicitations when performance will be wholly or in part in a
foreign country.
(v) 252.229-7003, Tax Exemptions (Italy). Applies to
solicitations and contracts when contract performance will be in
Italy.
(vi) 252.229-7005, Tax Exemptions (Spain). Applies to
solicitations and contracts when contract performance will be in
Spain.
(vii) 252.247-7022, Representation of Extent of Transportation
by Sea. Applies to all solicitations except those for direct
purchase of ocean transportation services or those with an
anticipated value at or below the simplified acquisition threshold.
(2) The following representations or certifications in ORCA are
applicable to this solicitation as indicated by the Contracting
Officer: [Contracting Officer check as appropriate.]
----(i) 252.209-7002, Disclosure of Ownership or Control by a
Foreign Government.
----(ii) 252.225-7000, Buy American Act--Balance of Payments
Program Certificate.
----(iii) 252.225-7020, Trade Agreements Certificate.
----Use with Alternate I.
----(iv) 252.225-7022, Trade Agreements Certificate--Inclusion
of Iraqi End Products.
----(v) 252.225-7031, Secondary Arab Boycott of Israel.
----(vi) 252.225-7035, Buy American Act--Free Trade Agreements--
Balance of Payments Program Certificate.
----Use with Alternate I.
----Use with Alternate II.
----Use with Alternate III.
(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 FAR 52.204-8(c) and paragraph (d) 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
[[Page 58142]]
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 provision 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
provision No. 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.
(End of provision)
[FR Doc. 2011-23947 Filed 9-19-11; 8:45 am]
BILLING CODE 5001-08-P
