Defense Federal Acquisition Regulation Supplement; Positive Law Codification of Title 41 U.S.C. (DFARS Case 2011-D036), 58137-58138 [2011-23951]
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Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
(i) Must be an employee, military or
civilian, of the U.S. Government, a
foreign government, or a North Atlantic
Treaty Organization/coalition partner.
In no case shall contractor personnel
serve as CORs;
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[FR Doc. 2011–23950 Filed 9–19–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 201, 209, 212, 215, 219,
232, 237, 243, 252, and Appendix I to
Chapter 2
RIN 0750–AG38
Defense Federal Acquisition
Regulation Supplement; Positive Law
Codification of Title 41 U.S.C. (DFARS
Case 2011–D036)
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 references
throughout the DFARS to the new
Codification of Title 41, United States
Code, ‘‘Public Contracts.’’
DATES: Effective date: September 20,
2011.
SUMMARY:
Ms. Amy Williams, 703–602–0328.
I. Background
sroberts on DSK5SPTVN1PROD with RULES
On January 4, 2011, Public Law 111–
350 enacted a new codified version of
Title 41, United States Code (U.S.C.),
entitled ‘‘Public Contracts.’’ The
purpose of this final rule is to update all
references to Title 41 in the DFARS to
conform to the recodification.
DoD has issued a final rule because
this rule does not have a significant
effect beyond the internal operating
procedures of DoD and does not have a
significant cost or administrative impact
on contractors or offerors. Therefore
public comment is not required in
accordance with 41 U.S.C. 1303.
II. 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
Jkt 223001
IV. 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).
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
SUPPLEMENTARY INFORMATION:
16:50 Sep 19, 2011
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant DFARS
revision within the meaning of FAR
1.501 and public comment is not
required in accordance with 41 U.S.C.
1707.
List of Subjects in 48 CFR Parts 201,
209, 212, 215, 219, 232, 237, 243, 252,
and Appendix I to Chapter 2
Government procurement.
FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
(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.
58137
PART 209—CONTRACTOR
QUALIFICATIONS
209.406–2
[Amended]
4. Amend section 209.406–2(2) by—
(a) Removing ‘‘Section’’ and adding in
its place ‘‘section’’;
■ (b) Removing ‘‘(Pub. L. 110–181)’’;
and
■ (c) Removing ‘‘423(e)(3)(A)(iii)’’ and
adding in its place ‘‘2105(c)(1)(C)’’.
■
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
212.207
[Amended]
5. Amend section 212.207—
(a) In paragraph (b)(i) by removing
‘‘403(12)(E)’’ and adding in its place
‘‘103’’; and
■ (b) In paragraph (b)(iii)(A) by
removing ‘‘403(12)(F)’’ and adding in its
place ‘‘103’’.
■
■
PART 215—CONTRACTING BY
NEGOTIATION
6. Revise the heading of section
215.403–1 to read as follows:
■
215.403–1 Prohibition on obtaining cost or
pricing data (10 U.S.C. 2306a and 41 U.S.C.
chapter 35).
*
*
*
*
*
PART 219—SMALL BUSINESS
PROGRAMS
219.703
[Amended]
7. Amend section 219.703(a)
introductory text by—
■ (a) Removing ‘‘46–48’’ and adding in
its place ‘‘8502–8504’’; and
■ (b) Removing ‘‘Section’’ and adding in
its place ‘‘section’’.
Therefore, 48 CFR parts 201, 209, 212,
215, 219, 232, 237, 243, 252 and
appendix I to chapter II are amended as
follows:
■ 1. The authority citation for 48 CFR
parts 201, 209, 212, 215, 219, 232, 237,
243, 252, and appendix I to chapter II
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
232.803
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
201.107
[Amended]
3. Amend section 201.304(2) by—
(a) Removing ‘‘Section’’ and adding in
its place ‘‘section’’; and
■ (b) Removing ‘‘425’’ and adding in its
place ‘‘1304’’.
■
■
PO 00000
[Amended]
8. Amend section 232.803(d) by
removing ‘‘Section 3737(e) of the
Revised Statutes (41 U.S.C. 15)’’ and
adding in its place ‘‘41 U.S.C. 6305’’.
■
[Amended]
2. Amend section 201.107 by—
(a) Removing ‘‘Section’’ from the
introductory text and adding in its place
‘‘section’’; and
■ (b) Removing ‘‘425’’ from the
introductory text and adding in its place
‘‘1304’’.
■
■
201.304
PART 232—CONTRACT FINANCING
Frm 00049
Fmt 4700
Sfmt 4700
PART 237—SERVICE CONTRACTING
237.102–71
[Amended]
9. Amend section 237.102–71(a)(2) by
removing ‘‘357(b)’’ and adding in its
place ‘‘6701’’.
■
PART 243—CONTRACT
MODIFICATIONS
243.204–71
[Amended]
10. Amend section 242.204–71(c) by
removing ‘‘605(c)’’ and adding in its
place ‘‘7103’’.
■
E:\FR\FM\20SER1.SGM
20SER1
58138
Federal Register / Vol. 76, No. 182 / Tuesday, September 20, 2011 / Rules and Regulations
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.203–7000
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
[Amended]
11. Amend section 252.203–7000 by—
■ (a) Removing the clause date of ‘‘(JAN
2009)’’ and adding in its place ‘‘(SEP
2011)’’;
■ (b) In paragraph (a)(2)(i) introductory
text, removing ‘‘403(16)’’ and adding in
its place ‘‘131’’; and
■ (c) In paragraph (c), removing
‘‘423(e)(3)’’ and adding in its place
‘‘2105(c)’’.
■
252.212–7001
[Amended]
[Amended]
13. Amend section 252.219–7003 by—
■ (a) Removing the clause date of ‘‘(OCT
2010)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (d), removing ‘‘46–
48’’ and adding in its place ‘‘8502–
8504’’.
■
252.225–7001
[Amended]
14. Amend section 252.225–7001 by—
(a) Removing the clause date of ‘‘(JAN
2009)’’ and adding in its place ‘‘(SEP
2011)’’;
■ (b) In paragraph (b), removing
‘‘Section 10a-d’’ and adding in its place
‘‘chapter 83’’; and
■ (c) In paragraph (b) removing ‘‘431’’
and adding in its place ‘‘1907’’.
■
■
252.227–7037
[Amended]
15. Amend section 252.227–7037 by—
■ (a) Removing the clause date ‘‘(SEP
1999)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (e)(3), removing ‘‘601,
et seq.’’ and adding in its place ‘‘7101’’.
sroberts on DSK5SPTVN1PROD with RULES
■
APPENDIX I TO CHAPTER 2—
[Amended]
16. Amend section I–101.4 by
removing ‘‘46’’ and adding in its place
‘‘8502’’.
■
[FR Doc. 2011–23951 Filed 9–19–11; 8:45 am]
BILLING CODE ;P
VerDate Mar<15>2010
16:50 Sep 19, 2011
RIN 0750–AH02
Defense Federal Acquisition
Regulation Supplement (DFARS);
Alternative Line Item Structure (DFARS
Case 2010–D017)
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 establish a standard
procedure for offerors to propose an
alternative line item structure that
reflects the offeror’s business practices
for selling and billing commercial items
and initial provisioning spares for
weapon systems
DATES: Effective Date: September 20,
2011.
SUMMARY:
12. Amend section 252.212–7001 by—
■ (a) Removing the clause date of ‘‘(AUG
2011)’’ and adding in its place ‘‘(SEP
2011)’’; and
■ (b) In paragraph (b)(2) removing
‘‘Section’’ and adding in its place
‘‘section’’;
■ (c) In paragraph (b)(2) removing the
word ‘‘note’’.
■
252.219–7003
48 CFR Parts 204, 212, and 252
Jkt 223001
FOR FURTHER INFORMATION CONTACT:
Mr.
Julian E. Thrash, 703–602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 76 FR 21847 on
April 19, 2011, to add DFARS language
that provides offerors the opportunity to
propose an alternative line item
structure in solicitations for commercial
items and initial provisioning spares.
This DFARS change will allow offerors
to provide information about their
products that may not have been known
to the Government prior to issuance of
the solicitation. No public comments
were received regarding the proposed
rule.
DoD identified the need to propose an
alternative line item structure during
process reviews and working group
sessions that assessed destinationacceptance procedures. The process
reviews performed by DoD cross-service
working groups, which were chartered
by the Defense Finance and Accounting
System, examined issues causing
problems in the receipt and acceptance
phase for contract deliverables and
payments.
This group determined that the level
of detail in the requirements description
and line item structure is not always
sufficient for delivery, payment, and
subsequent inventory management of
the items delivered. For example, the
contract line item may be for a desktop
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
computer, but the actual items
delivered, invoiced, and inventoried
may reflect a separate monitor,
keyboard, and central processing unit.
The resultant misalignment of
transaction detail (i.e., contract line
item, invoiced unit, delivery and
inventory unit) is the cause of failures
in the electronic processes of the DoD’s
business enterprise requiring manual
intervention with potential delays in
contractor payment.
To address this recurring problem,
this rule establishes and standardizes a
process to enable offerors to propose
changes in their offer to the
solicitation’s line item structure.
Establishing such a process is a first step
towards managing variation in these
transactions by eliminating or reducing
manual intervention.
II. 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.
III. 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 of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule does not impose any
additional requirements on small
businesses. Further, this change does
not add to, or delete from existing
requirements or authorities for entities
to include alternative line item
structures in their offers. This rule is
formalizing a process to facilitate
offerors’ ability to request changes to the
line item structure.
IV. 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\20SER1.SGM
20SER1
]]>Agencies
[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58137-58138]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23951]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and
Appendix I to Chapter 2
RIN 0750-AG38
Defense Federal Acquisition Regulation Supplement; Positive Law
Codification of Title 41 U.S.C. (DFARS Case 2011-D036)
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 references
throughout the DFARS to the new Codification of Title 41, United States
Code, ``Public Contracts.''
DATES: Effective date: September 20, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
On January 4, 2011, Public Law 111-350 enacted a new codified
version of Title 41, United States Code (U.S.C.), entitled ``Public
Contracts.'' The purpose of this final rule is to update all references
to Title 41 in the DFARS to conform to the recodification.
DoD has issued a final rule because this rule does not have a
significant effect beyond the internal operating procedures of DoD and
does not have a significant cost or administrative impact on
contractors or offerors. Therefore public comment is not required in
accordance with 41 U.S.C. 1303.
II. 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.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 1707.
IV. 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 201, 209, 212, 215, 219, 232, 237,
243, 252, and Appendix I to Chapter 2
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252
and appendix I to chapter II are amended as follows:
0
1. The authority citation for 48 CFR parts 201, 209, 212, 215, 219,
232, 237, 243, 252, and appendix I to chapter II continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
201.107 [Amended]
0
2. Amend section 201.107 by--
0
(a) Removing ``Section'' from the introductory text and adding in its
place ``section''; and
0
(b) Removing ``425'' from the introductory text and adding in its place
``1304''.
201.304 [Amended]
0
3. Amend section 201.304(2) by--
0
(a) Removing ``Section'' and adding in its place ``section''; and
0
(b) Removing ``425'' and adding in its place ``1304''.
PART 209--CONTRACTOR QUALIFICATIONS
209.406-2 [Amended]
0
4. Amend section 209.406-2(2) by--
0
(a) Removing ``Section'' and adding in its place ``section'';
0
(b) Removing ``(Pub. L. 110-181)''; and
0
(c) Removing ``423(e)(3)(A)(iii)'' and adding in its place
``2105(c)(1)(C)''.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.207 [Amended]
0
5. Amend section 212.207--
0
(a) In paragraph (b)(i) by removing ``403(12)(E)'' and adding in its
place ``103''; and
0
(b) In paragraph (b)(iii)(A) by removing ``403(12)(F)'' and adding in
its place ``103''.
PART 215--CONTRACTING BY NEGOTIATION
0
6. Revise the heading of section 215.403-1 to read as follows:
215.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C.
2306a and 41 U.S.C. chapter 35).
* * * * *
PART 219--SMALL BUSINESS PROGRAMS
219.703 [Amended]
0
7. Amend section 219.703(a) introductory text by--
0
(a) Removing ``46-48'' and adding in its place ``8502-8504''; and
0
(b) Removing ``Section'' and adding in its place ``section''.
PART 232--CONTRACT FINANCING
232.803 [Amended]
0
8. Amend section 232.803(d) by removing ``Section 3737(e) of the
Revised Statutes (41 U.S.C. 15)'' and adding in its place ``41 U.S.C.
6305''.
PART 237--SERVICE CONTRACTING
237.102-71 [Amended]
0
9. Amend section 237.102-71(a)(2) by removing ``357(b)'' and adding in
its place ``6701''.
PART 243--CONTRACT MODIFICATIONS
243.204-71 [Amended]
0
10. Amend section 242.204-71(c) by removing ``605(c)'' and adding in
its place ``7103''.
[[Page 58138]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7000 [Amended]
0
11. Amend section 252.203-7000 by--
0
(a) Removing the clause date of ``(JAN 2009)'' and adding in its place
``(SEP 2011)'';
0
(b) In paragraph (a)(2)(i) introductory text, removing ``403(16)'' and
adding in its place ``131''; and
0
(c) In paragraph (c), removing ``423(e)(3)'' and adding in its place
``2105(c)''.
252.212-7001 [Amended]
0
12. Amend section 252.212-7001 by--
0
(a) Removing the clause date of ``(AUG 2011)'' and adding in its place
``(SEP 2011)''; and
0
(b) In paragraph (b)(2) removing ``Section'' and adding in its place
``section'';
0
(c) In paragraph (b)(2) removing the word ``note''.
252.219-7003 [Amended]
0
13. Amend section 252.219-7003 by--
0
(a) Removing the clause date of ``(OCT 2010)'' and adding in its place
``(SEP 2011)''; and
0
(b) In paragraph (d), removing ``46-48'' and adding in its place
``8502-8504''.
252.225-7001 [Amended]
0
14. Amend section 252.225-7001 by--
0
(a) Removing the clause date of ``(JAN 2009)'' and adding in its place
``(SEP 2011)'';
0
(b) In paragraph (b), removing ``Section 10a-d'' and adding in its
place ``chapter 83''; and
0
(c) In paragraph (b) removing ``431'' and adding in its place ``1907''.
252.227-7037 [Amended]
0
15. Amend section 252.227-7037 by--
0
(a) Removing the clause date ``(SEP 1999)'' and adding in its place
``(SEP 2011)''; and
0
(b) In paragraph (e)(3), removing ``601, et seq.'' and adding in its
place ``7101''.
APPENDIX I TO CHAPTER 2--[Amended]
0
16. Amend section I-101.4 by removing ``46'' and adding in its place
``8502''.
[FR Doc. 2011-23951 Filed 9-19-11; 8:45 am]
BILLING CODE ;P
