Defense Federal Acquisition Regulation Supplement: Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047), 71926-71928 [2011-29861]
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<![CDATA[
71926
252.229–7005
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules
Tax Exemptions (Spain).
*
*
*
*
(a) As the Contractor represented in
its offer, the contract prices, including
subcontract prices, does not include the
taxes identified herein, or any other
taxes from which the United States
Government is exempt.
*
*
*
*
*
15. Add section 252.229–70XX to read
as follows:
252.229–70XX Tax Exemptions (Italy)—
Representation.
As prescribed in 229.402–70(c)(2), use
the following provision:
Tax Exemptions (Italy)—
Representation (Date)
(a) Exemptions. The United States
Government is exempt from payment
of—
(1) Imposta Valore Aggiunto (IVA) tax
in accordance with Article 72 of the IVA
implementing decree on all supplies
and services sold to United States
Military Commands in Italy; and
(2) The other taxes specified in
paragraph (c) of the clause DFARS
252.229–7003, Tax Exemptions (Italy).
(b) Representation. By submission of
its offer, the offeror represents that the
offered price, including the prices of
subcontracts to be awarded under the
contract, does not include the taxes
identified herein, or any other taxes
from which the United States
Government is exempt.
(End of provision)
16. Add section 252.229–70YY to read
as follows:
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
252.229–70YY Tax Exemptions (Spain)—
Representation.
As prescribed in 229.402–70(e)(2), use
the following clause:
Tax Exemptions (Spain)—
Representation (Date)
(a) Exemptions. In accordance with
tax relief agreements between the
United States Government and the
Spanish Government, and because the
resultant contract arises from the
activities of the United States Forces in
Spain, the contract will be exempt from
the excise, luxury, and transaction taxes
listed in paragraph (b) of the clause
DFARS 252.229–7005, Tax Exemptions
(Spain).
(b) Representation. By submission of
its offer, the offeror represents that the
offered price, including the prices of
subcontracts to be awarded under the
contract, does not include the taxes
identified herein, or any other taxes
from which the United States
Government is exempt.
(End of provision)
[FR Doc. 2011–29857 Filed 11–18–11; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
18:06 Nov 18, 2011
Jkt 226001
Defense Acquisition Regulations
System
48 CFR Parts 212, 244, and 252
RIN 0750–AH39
Defense Federal Acquisition
Regulation Supplement: Applicability
of Hexavalent Chromium Policy to
Commercial Items (DFARS Case 2011–
D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to clarify the
applicability to commercial items of
DoD policies relating to the use of
materials containing hexavalent
chromium.
SUMMARY:
Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before January 20, 2012, to be
considered in the formation of a final
rule.
DATES:
Submit comments
identified by DFARS Case 2011–D047,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D047’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D047.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2009–D047’’ on your
attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2011–D047 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Amy G.
Williams, 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 www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
ADDRESSES:
PO 00000
Frm 00013
Fmt 4702
Sfmt 4702
Ms.
Amy G. Williams, telephone 703–602–
0328.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF DEFENSE
*
I. Background
DoD published a final rule at in the
Federal Register at 76 FR 25569 on May
5, 2011, to implement in the Defense
Federal Acquisition Regulation
Supplement (DFARS) the DoD policy
addressing the serious human health
and environmental risks related to the
use of hexavalent chromium.
Hexavalent chromium is a chemical that
has been used in numerous DoD
weapons systems platforms due to its
corrosion protection properties.
However, hexavalent chromium is a
known carcinogen. The final rule
minimized the use of materials
containing hexavalent chromium in
items acquired by DoD, including the
creation of a new DFARS clause,
252.223–7008, Prohibition of
Hexavalent Chromium, which prohibits
the contractor from providing any
deliverables or construction material
that—
(1) Contains hexavalent chromium in
a concentration greater than 0.1 percent
by weight in any homogeneous material;
or
(2) Requires the removal or
reapplication of hexavalent chromium
materials during subsequent
sustainment phases of the deliverable or
construction material.
The final rule prescribed use of the
clause in solicitations and contracts for
supplies, maintenance and repair
services, or construction, unless an
exception at DFARS 223.7304 applies or
use has been authorized in accordance
with DFARS 223.7305.
II. Discussion and Analysis
The preamble to the final rule stated
the clear intent that the rule should
apply to commercial items. In response
to a respondent who requested an
exception for all commercial items, DoD
stated that to provide an exception for
all commercial items will jeopardize the
intent of the rule and be contrary to DoD
policy (section II.F.).
However, although the final rule did
not specify an exception for commercial
items, the rule overlooked the need to
separately prescribe the clause in part
212 in order to require use of the clause
in acquisitions conducted under part
212. FAR 12.301(d)(1) states that
prescriptions contained elsewhere in
the FAR do not apply to acquisitions
under FAR part 12, unless separately
included in FAR part 12.
Therefore, this rule proposes to
correct that oversight and provide at
E:\FR\FM\21NOP1.SGM
21NOP1
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules
DFARS 212.301(f) the requirement for
use of DFARS 252.223–7008 in
contracts for the acquisition of
commercial items, as prescribed at
223.7306. In addition, in order to flow
the requirement down to commercial
subcontracts under a noncommercial
prime contract, the clause DFARS
252.223–7008 must be added to the list
of clauses in DFARS 252.244–7000,
Subcontracts for Commercial Items and
Commercial Components (DoD
Contracts).
In addition, the prescription at
DFARS 244.403 for use of 252.244–7000
was simplified, so that DFARS 244.403
does not require update every time a
clause is added to the list in 252.244–
7000 for flow down to subcontracts for
commercial items. Further, 252.244–
7000 states that the listed clauses shall
flow down when applicable. This rule
augments the list of clauses in 252.244–
7000 with indication of the conditions
of applicability for each clause.
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
III. Executive Orders 1286 and 13565
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 does not expect this 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 this rule is just correcting a
drafting oversight in the rule published
on May 5, 2011. DoD certified that that
rule would not have a significant
economic impact on a substantial
number of small entities. Therefore, an
initial regulatory flexibility analysis has
not been performed. DoD invites
comments from small business concerns
and other interested parties on the
expected impact of this rule on small
entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
VerDate Mar<15>2010
15:22 Nov 18, 2011
Jkt 226001
71927
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 201X–D047), in
correspondence.
252.244–7000 Subcontracts for
Commercial Items and Commercial
Components (DoD Contracts).
V. Paperwork Reduction Act
SUBCONTRACTS FOR COMMERCIAL
ITEMS AND COMMERCIAL
COMPONENTS (DOD CONTRACTS)
(DATE)
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 Part 212, 244,
and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulation
Supplement.
Therefore DoD proposes to amend 48
CFR parts 212, 244, and 252 as follows:
1. The authority citation for 48 CFR
parts 212, 244, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Amend section 212.301 by—
(a) Redesignating paragraphs (f)(iv)(E)
through (L) as paragraphs (f)(iv)(F)
through (M); and
(b) Adding new paragraph (f)(iv)(E) to
read as follows:
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
*
*
(E) Use the clause at 252.223–7008,
Prohibition of Hexavalent Chromium, as
prescribed at 223.7306.
*
*
*
*
*
PART 244—SUBCONTRACTING
POLICIES AND PROCEDURES
3. Revise section 244.403 to read as
follows:
244.403
Contract clause.
Use the clause at 252.244–7000,
Subcontracts for Commercial Items and
Commercial Components (DoD
Contracts), in solicitations and contracts
for supplies or services other than
commercial items that contain any of
the clauses listed in the clause at
252.244–7000.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Revise section 252.244–7000 to
read as follows:
PO 00000
Frm 00014
Fmt 4702
Sfmt 4702
As prescribed in 244.403, use the
following clause:
In addition to the clauses listed in
paragraph (c) of the Subcontracts for
Commercial Items clause of this contract
(Federal Acquisition Regulation 52.244–6),
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:
(a) 252.223–7008, Prohibition of
Hexavalent Chromium, if the subcontract is
for supplies, maintenance and repair
services, or construction materials.
(b) 252.225–7009, Restriction on
Acquisition of Certain Articles Containing
Specialty Metals (JAN 2011) (10 U.S.C.
2533b), if flow down is required in
accordance with paragraph (e) of DFARS
clause 252.225–7009.
(c) 252.225–7039, Contractors Performing
Private Security Functions (AUG 2011)
(Section 862 of Pub. L. 110–181, as amended
by section 853 of Pub. L. 110–417 and
sections 831 and 832 of Pub. L. 111–383), if
the subcontract will be performed in areas of
contingency operations, complex
contingency operations, or other military
operations or exercises designated by the
Combatant Commander.
(d) 252.227–7015, Technical Data—
Commercial Items (SEP 2011), if applicable
(see 227.7102–4(a)), if flow down is required
in accordance with paragraph (e) of DFARS
clause 252.227–7015.
(e) 252.227–7037, Validation of Restrictive
Markings on Technical Data (SEP 2011), if
applicable (see 227.7102–4(c)), if the
subcontract or supplier at any tier requires
the delivery of technical data.
(f) 252.236–7013 Requirement for
Competition Opportunity for American Steel
Producers, Fabricators, and Manufacturers
(JAN 2009) (Pub. L. 110–329, Division E,
Section 108), if the subcontract involves the
acquisition of steel as a construction
material.
(g) 252.237–7010 Prohibition on
Interrogation of Detainees by Contractor
Personnel (NOV 2010) (Section 1038 of Pub.
L. 111–84), if the subcontract may require
subcontractor personnel to interact with
detainees in the course of their duties.
(h) 252.237–7019 Training for Contractor
Personnel Interacting with Detainees (SEP
2006) (Section 1092 of Pub. L. 108–375), if
the subcontract may require subcontractor
personnel to interact with detainees in the
course of their duties.
(i) 252.246–7003 Notification of Potential
Safety Issues (JAN 2007), if flow down is
required in accordance with paragraph (f) of
DFARS clause 252.246–7003.
(j) 252.247–7023 Transportation of
Supplies by Sea (MAY 2002) (10 U.S.C.
2631), if flow down is required in accordance
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71928
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Proposed Rules
with paragraph (h) of DFARS clause 252.247–
7023.
(k) 252.247–7024 Notification of
Transportation of Supplies by Sea (MAR
2000) (10 U.S.C. 2631), if flow down is
required in accordance with paragraph (b) of
DFARS clause 252.247–7024.
(End of clause)
[FR Doc. 2011–29861 Filed 11–18–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 232 and 252
RIN 0750–AH40
Defense Federal Acquisition
Regulation Supplement; Updates to
Wide Area WorkFlow (DFARS Case
2011–D027)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to update
policies on the submission of payment
requests and receiving reports in
electronic format.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
January 20, 2012, to be considered in
the formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS case 2011–D027,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2011–D027’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2011–
D027.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2011–
D027’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2011–D027 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Julian
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
wreier-aviles on DSK3TPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
15:22 Nov 18, 2011
Jkt 226001
personal information provided. To
confirm receipt of your comment(s),
please check 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 Thrash, (703) 602–0310.
SUPPLEMENTARY INFORMATION:
I. Background
DoD proposes to update policy and
procedures in the Defense Federal
Acquisition Regulation Supplement
(DFARS) for electronic submission of
payment requests and receiving reports
through Wide Area WorkFlow (WAWF)
and TRICARE Encounter Data System
(TEDS). WAWF, which electronically
interfaces with the primary DoD
payment systems, is the accepted DoD
system for generating invoices and
receiving reports. TEDS is an accepted
system for processing payment requests
for rendered TRICARE health care
services.
The capabilities of WAWF have
expanded to enable use in a wider
variety of environments by a wider
variety of users. As such, this rule is
intended to expand the use of WAWF
for submission of payment requests and
receiving reports and to standardize
processes and instructions on the use of
WAWF by accomplishing the following
DFARS revisions:
• Update 232.7002(a)(1) to clarify that
only payment requests (not receiving
reports) for contracts paid for with the
Governmentwide commercial purchase
card are excepted from using WAWF;
• Remove the exception to the use of
WAWF at 232.7002(a)(2) for contracts
awarded to foreign vendors;
• Update 232.7002(a)(3) to specify a
WAWF exception for contracts awarded
by contracting officers for contingency,
humanitarian, peacekeeping, or
emergency response operations only
when the use of WAWF is not feasible
by the contractor;
• Update 232.7002(a)(4) to specify a
WAWF exception for purchases made
for an unusual or compelling need as
defined in Federal Acquisition
Regulation (FAR) 6.302–2 only when
the use of WAWF is not feasible;
• Remove, at 232.7003(b), the
contracting officer’s authority to allow a
contractor to submit a payment request
and receiving report using an electronic
form other than WAWF, unless a
written determination is provided to the
Senior Procurement Executive;
• Add at 232.7003(c), the use of TEDS
for submitting and processing TRICARE
payment requests and receiving reports
for rendered health care services; and
PO 00000
Frm 00015
Fmt 4702
Sfmt 4702
• Provide a standard WAWF payment
clause.
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 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.
III. Regulatory Flexibility Act
DoD expects that this proposed rule
may 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.
Therefore, an Initial Regulatory
Flexibility Analysis has been prepared
and is summarized as follows:
The rule incorporates WAWF’s new
capability of capturing receiving reports
for contracts paid for with a
Governmentwide commercial purchase
card and clarifies exceptions to the use
of WAWF only when it is not feasible.
The rule also consolidates and
standardizes instructions to contractors
on how to use the WAWF application.
Furthermore, it eliminates locally
defined methods that are in some cases
causing confusion and inefficiencies,
and it incorporates the use of TEDS for
medical services requiring Health
Insurance Portability and
Accountability Act data not handled by
WAWF.
DoD made small business awards to
60,000 companies in Fiscal Year 2010.
With the exception of less than 4,000
companies that only received awards
paid with a purchase card, this will be
a simplification of procedures by
allowing contractors to use the same
process and systems for all DoD
shipments.
This rule does not impose any new
reporting or recordkeeping
requirements.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
There are no significant alternatives to
accomplish the stated objectives of this
rule.
E:\FR\FM\21NOP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Proposed Rules]
[Pages 71926-71928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29861]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 244, and 252
RIN 0750-AH39
Defense Federal Acquisition Regulation Supplement: Applicability
of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-
D047)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to clarify the applicability to commercial items
of DoD policies relating to the use of materials containing hexavalent
chromium.
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before January 20, 2012, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2011-D047, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``DFARS Case 2011-D047'' under the heading ``Enter keyword or ID'' and
selecting ``Search.'' Select the link ``Submit a Comment'' that
corresponds with ``DFARS Case 2011-D047.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2009-D047'' on your attached
document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2011-D047 in the
subject line of the message.
[cir] Fax: 703-602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Amy G.
Williams, 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 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: Ms. Amy G. Williams, telephone 703-
602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a final rule at in the Federal Register at 76 FR
25569 on May 5, 2011, to implement in the Defense Federal Acquisition
Regulation Supplement (DFARS) the DoD policy addressing the serious
human health and environmental risks related to the use of hexavalent
chromium. Hexavalent chromium is a chemical that has been used in
numerous DoD weapons systems platforms due to its corrosion protection
properties. However, hexavalent chromium is a known carcinogen. The
final rule minimized the use of materials containing hexavalent
chromium in items acquired by DoD, including the creation of a new
DFARS clause, 252.223-7008, Prohibition of Hexavalent Chromium, which
prohibits the contractor from providing any deliverables or
construction material that--
(1) Contains hexavalent chromium in a concentration greater than
0.1 percent by weight in any homogeneous material; or
(2) Requires the removal or reapplication of hexavalent chromium
materials during subsequent sustainment phases of the deliverable or
construction material.
The final rule prescribed use of the clause in solicitations and
contracts for supplies, maintenance and repair services, or
construction, unless an exception at DFARS 223.7304 applies or use has
been authorized in accordance with DFARS 223.7305.
II. Discussion and Analysis
The preamble to the final rule stated the clear intent that the
rule should apply to commercial items. In response to a respondent who
requested an exception for all commercial items, DoD stated that to
provide an exception for all commercial items will jeopardize the
intent of the rule and be contrary to DoD policy (section II.F.).
However, although the final rule did not specify an exception for
commercial items, the rule overlooked the need to separately prescribe
the clause in part 212 in order to require use of the clause in
acquisitions conducted under part 212. FAR 12.301(d)(1) states that
prescriptions contained elsewhere in the FAR do not apply to
acquisitions under FAR part 12, unless separately included in FAR part
12.
Therefore, this rule proposes to correct that oversight and provide
at
[[Page 71927]]
DFARS 212.301(f) the requirement for use of DFARS 252.223-7008 in
contracts for the acquisition of commercial items, as prescribed at
223.7306. In addition, in order to flow the requirement down to
commercial subcontracts under a noncommercial prime contract, the
clause DFARS 252.223-7008 must be added to the list of clauses in DFARS
252.244-7000, Subcontracts for Commercial Items and Commercial
Components (DoD Contracts).
In addition, the prescription at DFARS 244.403 for use of 252.244-
7000 was simplified, so that DFARS 244.403 does not require update
every time a clause is added to the list in 252.244-7000 for flow down
to subcontracts for commercial items. Further, 252.244-7000 states that
the listed clauses shall flow down when applicable. This rule augments
the list of clauses in 252.244-7000 with indication of the conditions
of applicability for each clause.
III. Executive Orders 1286 and 13565
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 does not expect this 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 this rule is
just correcting a drafting oversight in the rule published on May 5,
2011. DoD certified that that rule would not have a significant
economic impact on a substantial number of small entities. Therefore,
an initial regulatory flexibility analysis has not been performed. DoD
invites comments from small business concerns and other interested
parties on the expected impact of this rule on small entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 201X-D047), in
correspondence.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 212, 244, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulation Supplement.
Therefore DoD proposes to amend 48 CFR parts 212, 244, and 252 as
follows:
1. The authority citation for 48 CFR parts 212, 244, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
2. Amend section 212.301 by--
(a) Redesignating paragraphs (f)(iv)(E) through (L) as paragraphs
(f)(iv)(F) through (M); and
(b) Adding new paragraph (f)(iv)(E) to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(E) Use the clause at 252.223-7008, Prohibition of Hexavalent
Chromium, as prescribed at 223.7306.
* * * * *
PART 244--SUBCONTRACTING POLICIES AND PROCEDURES
3. Revise section 244.403 to read as follows:
244.403 Contract clause.
Use the clause at 252.244-7000, Subcontracts for Commercial Items
and Commercial Components (DoD Contracts), in solicitations and
contracts for supplies or services other than commercial items that
contain any of the clauses listed in the clause at 252.244-7000.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Revise section 252.244-7000 to read as follows:
252.244-7000 Subcontracts for Commercial Items and Commercial
Components (DoD Contracts).
As prescribed in 244.403, use the following clause:
SUBCONTRACTS FOR COMMERCIAL ITEMS AND COMMERCIAL COMPONENTS (DOD
CONTRACTS) (DATE)
In addition to the clauses listed in paragraph (c) of the
Subcontracts for Commercial Items clause of this contract (Federal
Acquisition Regulation 52.244-6), 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:
(a) 252.223-7008, Prohibition of Hexavalent Chromium, if the
subcontract is for supplies, maintenance and repair services, or
construction materials.
(b) 252.225-7009, Restriction on Acquisition of Certain Articles
Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b), if flow
down is required in accordance with paragraph (e) of DFARS clause
252.225-7009.
(c) 252.225-7039, Contractors Performing Private Security
Functions (AUG 2011) (Section 862 of Pub. L. 110-181, as amended by
section 853 of Pub. L. 110-417 and sections 831 and 832 of Pub. L.
111-383), if the subcontract will be performed in areas of
contingency operations, complex contingency operations, or other
military operations or exercises designated by the Combatant
Commander.
(d) 252.227-7015, Technical Data--Commercial Items (SEP 2011),
if applicable (see 227.7102-4(a)), if flow down is required in
accordance with paragraph (e) of DFARS clause 252.227-7015.
(e) 252.227-7037, Validation of Restrictive Markings on
Technical Data (SEP 2011), if applicable (see 227.7102-4(c)), if the
subcontract or supplier at any tier requires the delivery of
technical data.
(f) 252.236-7013 Requirement for Competition Opportunity for
American Steel Producers, Fabricators, and Manufacturers (JAN 2009)
(Pub. L. 110-329, Division E, Section 108), if the subcontract
involves the acquisition of steel as a construction material.
(g) 252.237-7010 Prohibition on Interrogation of Detainees by
Contractor Personnel (NOV 2010) (Section 1038 of Pub. L. 111-84), if
the subcontract may require subcontractor personnel to interact with
detainees in the course of their duties.
(h) 252.237-7019 Training for Contractor Personnel Interacting
with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-375), if the
subcontract may require subcontractor personnel to interact with
detainees in the course of their duties.
(i) 252.246-7003 Notification of Potential Safety Issues (JAN
2007), if flow down is required in accordance with paragraph (f) of
DFARS clause 252.246-7003.
(j) 252.247-7023 Transportation of Supplies by Sea (MAY 2002)
(10 U.S.C. 2631), if flow down is required in accordance
[[Page 71928]]
with paragraph (h) of DFARS clause 252.247-7023.
(k) 252.247-7024 Notification of Transportation of Supplies by
Sea (MAR 2000) (10 U.S.C. 2631), if flow down is required in
accordance with paragraph (b) of DFARS clause 252.247-7024.
(End of clause)
[FR Doc. 2011-29861 Filed 11-18-11; 8:45 am]
BILLING CODE 5001-06-P
