Defense Federal Acquisition Regulation Supplement: Applicability of Hexavalent Chromium Policy to Commercial Items (DFARS Case 2011-D047), 71926-71928 [2011-29861]

Download as PDF 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: http:// 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 http:// 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 E:\FR\FM\21NOP1.SGM 21NOP1 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: http:// 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 http:// 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 21NOP1

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: http://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 http://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