Defense Federal Acquisition Regulation Supplement; Technical Amendments, 76318-76321 [2011-31324]
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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Documents in the deletion docket which
the EPA relied on for recommendation
for the deletion from the NPL are
available to the public in the
information repositories, and a notice of
availability of the Notice of Intent for
Deletion has been published in The Port
Arthur News to satisfy public
participation procedures required by 40
CFR 300.425(e)(4).
Determination That the Criteria for
Deletion Have Been Met
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where no further response is
appropriate. The EPA has determined
that the criteria for deletion have been
met. The EPA has implemented all
appropriate response actions required
and no further response action by
responsible parties is appropriate. EPA
received a letter, dated May 26, 2011,
from the State of Texas, through the
Texas Commission on Environmental
Quality, concurring on the deletion of
PBL Superfund Site from the NPL.
V. Deletion Action
The EPA, with concurrence of the
State of Texas, through the Texas
Commission on Environmental Quality,
has determined that all appropriate
response actions under CERCLA, other
than operation, maintenance,
monitoring, and Five-Year Reviews,
have been completed. Therefore, EPA is
deleting the PBL Superfund Site from
the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective February 6, 2012
unless EPA receives adverse comments
by January 6, 2012. If adverse comments
are received within the 30-day public
comment period, EPA will publish a
timely withdrawal of this direct final
notice of deletion before the effective
date of the deletion and it will not take
effect. EPA will prepare a response to
comments and continue with the
deletion process on the basis of the
notice of intent to delete and the
comments already received. There will
be no additional opportunity to
comment.
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List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
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Dated: November 14, 2011.
Al Armendariz,
Regional Administrator, Region 6.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
1991 Comp., p. 351; E.O. 12580, 52 FR 2923;
3 CFR, 1987 Comp., p. 193.
Appendix B—[Amended]
2. Table 1 of Appendix B to Part 300
is amended by removing the entry
‘‘Palmer Barge Line, Port Arthur’’ under
TX.
■
[FR Doc. 2011–31268 Filed 12–6–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 202, 204, 205, 206, 207,
209, 211, 212, 213, 214, 215, 216, 217,
219, 225, 227, 234, 237, 243, 252, and
Appendix A to Chapter 2
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes and guidance to contracting
officers.
SUMMARY:
Effective Date: December 7, 2011.
Ms.
Mary Overstreet, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone (703) 602–0311; facsimile
(703) 602–0350.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Updates the definition of
‘‘Contracting activity’’ at 202.101.
2. Directs contracting officers to
additional procedures and guidance by
adding references to the DFARS PGI at
204.402, 204.403, 205.207(a)(i) and
(d)(iii), 215.407–2, 219.202–1, 219.301–
DATES:
FOR FURTHER INFORMATION CONTACT:
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2, 219.301–3, 237.102–75, and 237.102–
76.
3. Corrects references in 206.203(b),
207.471(b), 209.105–1(2), 209.403,
209.406–1(a)(i)(A), 211.002,
212.503(a)(x), 212.504(a)(xvi),
213.301(2), 214.404–1, 216.603–4(b)(3),
225.7501(a)(2)(i), 227.304–1, 234.003,
234.201(4), and 243.204–71(b).
4. Adds a paragraph at 217.171(d)
reflecting a statutory threshold for
multiyear contracts for services that was
inadvertently omitted from a final rule
published at 76 FR 58152 on September
20, 2011. This coverage was previously
included at DFARS 217.171(a)(6).
5. Revises the subpart 217.5 heading
to align with the Federal Acquisition
Regulation (FAR), redesignates
217.500(b) as 217.500(a), and
redesignates 217.504 as 217.503 and
adds a FAR reference.
6. Makes minor editorial corrections
at 225.403(c) and 227.7203–15(c)(1)
through (4).
7. Makes minor corrections to clause
dates, format, addresses, and references
in the clauses at 252.203–7003,
252.211–7003, 252.212–7001, 252.227–
7015, 252.229–7006, 252.229–7008, and
252.235–7002.
8. Adds an editorial footnote to the
charter for the Armed Services Board of
Contract Appeals in Appendix A to
cross reference to a revised statutory
citation.
List of Subjects in 48 CFR Parts 202,
204, 205, 206, 207, 209, 211, 212, 213,
214, 215, 216, 217, 219, 225, 227, 234,
237, 243, 252, and Appendix A to
Chapter 2
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 202, 204, 205,
206, 207, 209, 211, 212, 213, 214, 215,
216, 217, 219, 225, 227, 234, 237, 243,
252, and Appendix A to Chapter 2 are
amended as follows:
■ 1. The authority citation for 48 CFR
parts 202, 204, 205, 206, 207, 209, 211,
212, 213, 214, 215, 216, 217, 219, 225,
227, 234, 237, 243, 252 and Appendix
A to Chapter 2 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 202—DEFINITIONS OF WORDS
AND TERMS
202.101
[Amended]
2. Section 202.101 is amended by—
a. Amending the Department of
Defense list by removing the
‘‘Counterintelligence Field Activity’’;
■
■
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b. Amending the Department of
Defense list by removing ‘‘Washington
Headquarters Services, Acquisition and
Procurement Office’’ and adding in its
place ‘‘Washington Headquarters
Services, Acquisition Directorate’’;
■ c. Amending the Navy list by
removing ‘‘Office of the Deputy
Assistant Secretary of the Navy
(Acquisition & Logistics Management)’’
and adding in its place ‘‘Office of the
Deputy Assistant Secretary of the Navy
(Acquisition & Procurement)’’; and
■ d. Removing the Defense Business
Transformation Agency Contracting
Office.
■
PART 204—ADMINISTRATIVE
MATTERS
204.402
215.407–2
PART 209—CONTRACTOR
QUALIFICATIONS
3. Section 204.402 is amended by
adding the parenthetical phrase ‘‘(see
PGI 204.402)’’ at the end of the
sentence.
■ 4. Section 204.403 is added to read as
follows:
■
Make-or-buy programs.
8. Section 209.105–1(2) is amended by
removing ‘‘(see PGI 212.403(c) and PGI
249.470)’’ and adding in its place ‘‘(see
subpart 42.15)’’.
(a) General. See PGI 215.407–2 for
guidance on factors to consider when
deciding whether to request a make-orbuy plan and for factors to consider
when evaluating make-or-buy plan
submissions.
*
*
*
*
*
209.403
PART 216—TYPES OF CONTRACTS
209–105–1
[Amended]
■
[Amended]
9. Section 209.403(1) is amended by
removing ‘‘Navy’’ and adding in its
place ‘‘Navy/Marine Corps’’.
■
209.406–1
[Amended]
10. Section 209.406–1(a)(i)(A) is
amended by removing ‘‘Subpart 203.70’’
and adding in its place ‘‘FAR subpart
3.10’’.
■
PART 211—DESCRIBING AGENCY
NEEDS
[Amended]
211–002
[Amended]
216.603–4
[Amended]
17. Section 216.603–4(b)(3) is
amended by removing ‘‘217.7405(b)’’
and replacing it with ‘‘217.7406(b)’’.
■
PART 217—SPECIAL CONTRACTING
METHODS
18. Section 217.171(d) is added to
read as follows:
■
217.171
Multiyear contracts for services.
*
*
*
*
*
(d) The head of an agency may not
initiate a multiyear contract for services
if the value of the multiyear contract
exceeds $625.5 million unless a law
specifically provides authority for the
contract (10 U.S.C. 2306(c)).
204.403 Responsibilities of contracting
officers.
11. Section 211.002 is amended by—
a. Removing ‘‘DoDD 5000.1,’’ and
adding in its place ‘‘DoDD 5000.01,’’;
and
■ b. Removing ‘‘DoDI 5000.2,’’ and
adding in its place ‘‘DoDI 5000.02,’’.
Contracting officers shall ensure that
solicitations comply with PGI 204.403.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
Subpart 217.5—Interagency
Acquisitions
PART 205—PUBLICIZING CONTRACT
ACTIONS
212.503
■
■
■
■
5. Section 205.207 is amended by—
a. Adding a new paragraph (a)(i); and
b. Adding a new paragraph (d)(iii).
The additions read as follows:
■
■
[Amended]
12. Section 212.503(a)(x) is amended
by removing ‘‘see 225.7019–2(b)
(Section 8064 of Pub. L. 106–259)’’ and
adding in its place ‘‘see 225.7009–3
(section 8065 of Pub. L. 107–117)’’.
■
212.504
(a)(i) For numbering synopsis notices,
follow the procedures at PGI
205.207(a)(i).
(d)(i) * * *
(iii) For special notices for small
business events, follow the procedures
at PGI 205.207(d)(ii).
13. Section 212.504(a)(xvi) is
amended by removing ‘‘see 225.7009–
2(b) (Section 9064 of Pub. L. 106–259)’’
and adding in its place ‘‘see 225.7009–
3 (section 8065 of Pub. L. 107–117)’’.
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
213.301
[Amended]
PART 206—COMPETITION
REQUIREMENTS
14. Section 213.301(2) is amended by
removing ‘‘201.603–3(b)’’ and adding in
its place ‘‘201.603–3(a)’’.
206.203
PART 214—SEALED BIDDING
[Amended]
6. Section 206.203 is amended by
removing ‘‘(see 226.7003)’’ and adding
in its place ‘‘(see 226.370)’’.
■
PART 207—ACQUISITION PLANNING
207.471
[Amended]
7. Section 207.471(b) is amended by
removing ‘‘Chapter 7, Section 070207’’
and adding in its place ‘‘Chapter 6,
section 060206’’.
■
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■
214.404–1
19. Subpart 217.5 heading is revised
as set forth above.
217.500
[Amended]
15. Section 214.404–1 is amended by
removing ‘‘(FAR 14.404–1(c) and (e)’’
and adding in its place ‘‘FAR 14.404–
1(c) and (e)(1)’’.
■
[Amended]
20. In section 217.500, paragraph (b)
is redesignated as paragraph (a).
■
217.504
[Amended]
■
205.207 Preparation and transmittal of
synopses.
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[Redesignated as 217.503]
21. Section 217.504 is redesignated as
section 217.503 and revised to read as
follows:
■
217.503
Ordering procedures.
(a) When the requesting agency is
within DoD, a copy of the executed
determination and findings required by
FAR 17.502–2 shall be furnished to the
servicing agency as an attachment to the
order. When a DoD contracting office is
acting as the servicing agency, a copy of
the executed determination and findings
shall be obtained from the requesting
agency and placed in the contract file
for the Economy Act order.
PART 219—SMALL BUSINESS
PROGRAMS
22. Section 219.202–1 is added to read
as follows:
■
PART 215—CONTRACTING BY
NEGOTIATION
219.202–1 Encouraging small business
participation in acquisitions.
16. Section 215.407–2(a) is added to
read as follows:
See PGI 205.207(d)(iii) for information
on how to advertise a small business
event on the Government point of entry.
■
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23. Section 219.301–2 is added to read
as follows:
■
219.301–2 Rerepresentation by a
contractor that represented itself as a small
business concern.
Follow the procedures at PGI
204.606(4)(vii) for reporting
modifications for rerepresentation
actions.
■ 24. Section 219.301–3 is added to read
as follows:
219.301–3 Rerepresentation by a
contractor that represented itself as other
than a small business concern.
Follow the procedures at PGI
204.606(4)(vii) for reporting
modifications for rerepresentation
actions.
[Amended]
252.212–7001
30. Section 234.201(4) is amended by
removing ‘‘PGI 234.201(4)’’ and adding
in its place ‘‘PGI 234.201(3)’’.
■
PART 237—SERVICE CONTRACTING
31. Section 237.102–75 is added to
read as follows:
■
237.102–75 Guidebook for the acquisition
of services.
See PGI 237.102–75 for the
‘‘Guidebook for the Acquisition of
Services.’’
■ 32. Section 237.102–76 is added to
read as follows:
237.102–76 Review criteria for the
acquisition of services.
See PGI 237.102–76 for tenets and
review criteria to be used when
conducting preaward and postaward
reviews for the acquisition of services.
PART 225—FOREIGN ACQUISITION
225.403
234.201
[Amended]
25. Section 225.403(c) is amended—
a. In paragraph (i)(B), by removing ‘‘;
or’’ and adding in its place ‘‘;’’;
■ b. In paragraph (ii)(B), by removing
‘‘.’’ and adding in its place ‘‘; or’’.
■ 26. Section 225.7501(a)(2)(i) is
amended by removing ‘‘225.104(a)(iii)’’
and adding in its place ‘‘225.104(a)’’.
■
■
252.203–7003, Agency Office of the
Inspector General.
As prescribed in 203.1004(a), use the
following clause:
252.229–7006 Value Added Tax Exclusion
(United Kingdom)
AGENCY OFFICE OF THE INSPECTOR
GENERAL (DEC 2011)
As prescribed in 229.402–70(f), use
the follow clause:
PART 243—CONTRACT
MODIFICATIONS
243.204–71
[Amended]
33. Section 243.204–71(b) is amended
by removing ‘‘PGI 243.204–70(b)’’ and
adding in its place ‘‘PGI 243.204–71(b)’’.
■
227.304–1
■
27. Section 227.304–1 is amended by
removing the parenthetical phrase
‘‘(FAR 27.304–1(e)(2)(ii))’’.
227.7203–15
[Amended]
28. Section 227.7203–15(c) is
amended—
■ a. In paragraph (1), by removing
‘‘252.227.7014’’ and adding in its place
‘‘252.227–7014;
■ b. In paragraph (2), by removing
‘‘252.227.7019’’ and adding in its place
‘‘252.227–7019’’;
■ c. In paragraph (3), by removing
‘‘252.227.7025’’ and adding in its place
‘‘252.227–7025’’; and
■ d. In paragraph (4), by removing
252.227.7028’’ and adding in its place
‘‘252.227–7028’’.
■
34. Section 252.203–7003 is revised to
read as follows:
The agency office of the Inspector General
referenced in paragraphs (c) and (d) of FAR
clause 52.203–13, Contractor Code of
Business Ethics and Conduct, is the DoD
Office of Inspector General at the following
address:
Department of Defense Office of Inspector
General, Investigative Policy and Oversight,
4800 Mark Center Drive, Suite 11H25,
Alexandria, VA 22350–1500, For FedEx or
UPS packages, use this zip code: 22311, Toll
Free Telephone: (866) 429–8011. (End of
clause)
252.211–7003
234.003
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PART 234—MAJOR SYSTEM
ACQUISITION
■
[Amended]
29. Section 234.003 is amended by—
■ (a) Removing ‘‘DoDD 5000.1’’ and
adding in its place ‘‘DoDD 5000.01’’;
and
■ (b) Removing ‘‘DoDI 5000.2’’ and
adding in its place ‘‘DoDI 5000.02’’.
■
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[Amended]
37. Section 252.227–7015 is amended
by—
■ a. Amending the introductory text by
removing ‘‘227.7102–3(a)(1)’’ and
adding in its place ‘‘227.7102–4(a)(1)’’;
■ b. Amending the clause date by
removing ‘‘(SEP 2011)’’ and adding in
its place ‘‘(DEC 2011)’’;
■ c. Amending the Alternate I clause
date by removing ‘‘(MAR 2011)’’ and
adding in its place ‘‘(DEC 2011)’’; and
■ d. Amending the Alternate I
introductory text by removing
‘‘227.7102–3(a)(2)’’ and adding in its
place ‘‘227.7102–4(a)(2)’’.
■ 38. Section 252.229–7006 is revised to
read as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
■
252.227–7015
■
PART 227—PATENTS, DATA, AND
COPYRIGHTS
[Amended]
[Amended]
36. Section 252.212–7001 is amended
by—
■ a. Amending the introductory text by
removing ‘‘and 227.7103–6(a) and (e)’’;
■ b. Amending the clause date by
removing ‘‘(OCT 2011)’’ and adding in
its place ‘‘(DEC 2011)’’;
■ c. Amending paragraph (b)(1) by
removing ‘‘(JAN 2009)’’ and adding in
its place ‘‘(SEP 2011)’’;
■ d. Amending paragraph (b)(4) by
removing ‘‘(OCT 2010)’’ and adding in
its place ‘‘(SEP 2011)’’;
■ e. Redesignating paragraph (b)(16) as
(b)(17 and paragraph (b)(17) as (b)(16);
■ f. Amending paragraph (b)(20) by
removing ‘‘(MAR 2011)’’ and adding in
its place ‘‘(DEC 2011)’’; and
■ g. Amending paragraph (c)(3) by
removing ‘‘(SEP 2011)’’ and adding in
its place ‘‘(DEC 2011).
■
[Amended]
35. Section 252.211–7003, Alternate I
is amended by—
■ a. Amending the clause date by
removing ‘‘(AUG 2008)’’ and adding in
its place ‘‘(DEC 2011)’’.
■ b. Amending the introductory text by
removing ‘‘211.274–4(c)’’ and adding in
its place ‘‘211.274–6(a)(4)’’.
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VALUE ADDED TAX EXCLUSION
(UNITED KINGDOM) (DEC 2011)
The supplies or services identified in this
contract are to be delivered at a price
exclusive of value added tax under
arrangements between the appropriate
United States authorities and Her Majesty’s
Revenue and Customs (HMRC) (Reference
HMRC Notice 431, entitled ‘‘Relief from
Customs Duty and/or Value Added Tax on
United States Government Expenditures in
the United Kingdom’’). By executing this
contract, the Contracting Officer certifies that
these supplies or services are being
purchased for United States Government
official purposes only. (End of clause)
39. Section 252.229–7008 is revised to
read as follows:
■
252.229–7008 Relief from Import Duty
(United Kingdom)
As prescribed in 229.402–70(h), use
the following clause:
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RELIEF FROM IMPORT DUTY
(UNITED KINGDOM) (DEC 2011)
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Any import dutiable articles, components,
or raw materials supplied to the United
States Government under this contract shall
be exclusive of any United Kingdom import
duties. Any imported items supplied for
which import duty already has been paid
will be supplied at a price exclusive of the
amount of import duty paid. The Contractor
is advised to contact Her Majesty’s Revenue
and Customs (HMRC) to obtain a refund
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upon completion of the contract (Reference
HMRC Notice No. 431, entitled ‘‘Relief from
Customs Duty and/or Value Added Tax on
United States Government Expenditures in
the United Kingdom’’). (End of clause)
76321
b. Amending paragraph (a) by
removing ‘‘7 U.S.C. 2316’’ and adding in
its place ‘‘7 U.S.C. 2136’’.
■ Appendix A to Chapter 2—[Amended]
■
41. Appendix A to Chapter 2, Part 1—
Charter, paragraph 1 is amended by
removing ‘‘(41 U.S.C. Sect 601, et seq.)’’
and adding in its place ‘‘(41 U.S.C.
Section 7101–7109)’’.
■
252.235–7002
[Amended]
40. Section 252.235–7002 is amended
by—
■ a. Amending the clause date by
removing ‘‘(DEC 1991)’’ and adding in
its place ‘‘(DEC 2011)’’; and
■
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BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76318-76321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31324]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 202, 204, 205, 206, 207, 209, 211, 212, 213, 214, 215,
216, 217, 219, 225, 227, 234, 237, 243, 252, and Appendix A to
Chapter 2
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide needed editorial
changes and guidance to contracting officers.
DATES: Effective Date: December 7, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone (703) 602-0311;
facsimile (703) 602-0350.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. Updates the definition of ``Contracting activity'' at 202.101.
2. Directs contracting officers to additional procedures and
guidance by adding references to the DFARS PGI at 204.402, 204.403,
205.207(a)(i) and (d)(iii), 215.407-2, 219.202-1, 219.301-2, 219.301-3,
237.102-75, and 237.102-76.
3. Corrects references in 206.203(b), 207.471(b), 209.105-1(2),
209.403, 209.406-1(a)(i)(A), 211.002, 212.503(a)(x), 212.504(a)(xvi),
213.301(2), 214.404-1, 216.603-4(b)(3), 225.7501(a)(2)(i), 227.304-1,
234.003, 234.201(4), and 243.204-71(b).
4. Adds a paragraph at 217.171(d) reflecting a statutory threshold
for multiyear contracts for services that was inadvertently omitted
from a final rule published at 76 FR 58152 on September 20, 2011. This
coverage was previously included at DFARS 217.171(a)(6).
5. Revises the subpart 217.5 heading to align with the Federal
Acquisition Regulation (FAR), redesignates 217.500(b) as 217.500(a),
and redesignates 217.504 as 217.503 and adds a FAR reference.
6. Makes minor editorial corrections at 225.403(c) and 227.7203-
15(c)(1) through (4).
7. Makes minor corrections to clause dates, format, addresses, and
references in the clauses at 252.203-7003, 252.211-7003, 252.212-7001,
252.227-7015, 252.229-7006, 252.229-7008, and 252.235-7002.
8. Adds an editorial footnote to the charter for the Armed Services
Board of Contract Appeals in Appendix A to cross reference to a revised
statutory citation.
List of Subjects in 48 CFR Parts 202, 204, 205, 206, 207, 209, 211,
212, 213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243, 252,
and Appendix A to Chapter 2
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202, 204, 205, 206, 207, 209, 211, 212,
213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243, 252, and
Appendix A to Chapter 2 are amended as follows:
0
1. The authority citation for 48 CFR parts 202, 204, 205, 206, 207,
209, 211, 212, 213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243,
252 and Appendix A to Chapter 2 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
0
2. Section 202.101 is amended by--
0
a. Amending the Department of Defense list by removing the
``Counterintelligence Field Activity'';
[[Page 76319]]
0
b. Amending the Department of Defense list by removing ``Washington
Headquarters Services, Acquisition and Procurement Office'' and adding
in its place ``Washington Headquarters Services, Acquisition
Directorate'';
0
c. Amending the Navy list by removing ``Office of the Deputy Assistant
Secretary of the Navy (Acquisition & Logistics Management)'' and adding
in its place ``Office of the Deputy Assistant Secretary of the Navy
(Acquisition & Procurement)''; and
0
d. Removing the Defense Business Transformation Agency Contracting
Office.
PART 204--ADMINISTRATIVE MATTERS
204.402 [Amended]
0
3. Section 204.402 is amended by adding the parenthetical phrase ``(see
PGI 204.402)'' at the end of the sentence.
0
4. Section 204.403 is added to read as follows:
204.403 Responsibilities of contracting officers.
Contracting officers shall ensure that solicitations comply with
PGI 204.403.
PART 205--PUBLICIZING CONTRACT ACTIONS
0
5. Section 205.207 is amended by--
0
a. Adding a new paragraph (a)(i); and
0
b. Adding a new paragraph (d)(iii).
The additions read as follows:
205.207 Preparation and transmittal of synopses.
(a)(i) For numbering synopsis notices, follow the procedures at PGI
205.207(a)(i).
(d)(i) * * *
(iii) For special notices for small business events, follow the
procedures at PGI 205.207(d)(ii).
PART 206--COMPETITION REQUIREMENTS
206.203 [Amended]
0
6. Section 206.203 is amended by removing ``(see 226.7003)'' and adding
in its place ``(see 226.370)''.
PART 207--ACQUISITION PLANNING
207.471 [Amended]
0
7. Section 207.471(b) is amended by removing ``Chapter 7, Section
070207'' and adding in its place ``Chapter 6, section 060206''.
PART 209--CONTRACTOR QUALIFICATIONS
209-105-1 [Amended]
0
8. Section 209.105-1(2) is amended by removing ``(see PGI 212.403(c)
and PGI 249.470)'' and adding in its place ``(see subpart 42.15)''.
209.403 [Amended]
0
9. Section 209.403(1) is amended by removing ``Navy'' and adding in its
place ``Navy/Marine Corps''.
209.406-1 [Amended]
0
10. Section 209.406-1(a)(i)(A) is amended by removing ``Subpart
203.70'' and adding in its place ``FAR subpart 3.10''.
PART 211--DESCRIBING AGENCY NEEDS
211-002 [Amended]
0
11. Section 211.002 is amended by--
0
a. Removing ``DoDD 5000.1,'' and adding in its place ``DoDD 5000.01,'';
and
0
b. Removing ``DoDI 5000.2,'' and adding in its place ``DoDI 5000.02,''.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.503 [Amended]
0
12. Section 212.503(a)(x) is amended by removing ``see 225.7019-2(b)
(Section 8064 of Pub. L. 106-259)'' and adding in its place ``see
225.7009-3 (section 8065 of Pub. L. 107-117)''.
212.504 [Amended]
0
13. Section 212.504(a)(xvi) is amended by removing ``see 225.7009-2(b)
(Section 9064 of Pub. L. 106-259)'' and adding in its place ``see
225.7009-3 (section 8065 of Pub. L. 107-117)''.
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
213.301 [Amended]
0
14. Section 213.301(2) is amended by removing ``201.603-3(b)'' and
adding in its place ``201.603-3(a)''.
PART 214--SEALED BIDDING
214.404-1 [Amended]
0
15. Section 214.404-1 is amended by removing ``(FAR 14.404-1(c) and
(e)'' and adding in its place ``FAR 14.404-1(c) and (e)(1)''.
PART 215--CONTRACTING BY NEGOTIATION
0
16. Section 215.407-2(a) is added to read as follows:
215.407-2 Make-or-buy programs.
(a) General. See PGI 215.407-2 for guidance on factors to consider
when deciding whether to request a make-or-buy plan and for factors to
consider when evaluating make-or-buy plan submissions.
* * * * *
PART 216--TYPES OF CONTRACTS
216.603-4 [Amended]
0
17. Section 216.603-4(b)(3) is amended by removing ``217.7405(b)'' and
replacing it with ``217.7406(b)''.
PART 217--SPECIAL CONTRACTING METHODS
0
18. Section 217.171(d) is added to read as follows:
217.171 Multiyear contracts for services.
* * * * *
(d) The head of an agency may not initiate a multiyear contract for
services if the value of the multiyear contract exceeds $625.5 million
unless a law specifically provides authority for the contract (10
U.S.C. 2306(c)).
Subpart 217.5--Interagency Acquisitions
0
19. Subpart 217.5 heading is revised as set forth above.
217.500 [Amended]
0
20. In section 217.500, paragraph (b) is redesignated as paragraph (a).
217.504 [Redesignated as 217.503]
0
21. Section 217.504 is redesignated as section 217.503 and revised to
read as follows:
217.503 Ordering procedures.
(a) When the requesting agency is within DoD, a copy of the
executed determination and findings required by FAR 17.502-2 shall be
furnished to the servicing agency as an attachment to the order. When a
DoD contracting office is acting as the servicing agency, a copy of the
executed determination and findings shall be obtained from the
requesting agency and placed in the contract file for the Economy Act
order.
PART 219--SMALL BUSINESS PROGRAMS
0
22. Section 219.202-1 is added to read as follows:
219.202-1 Encouraging small business participation in acquisitions.
See PGI 205.207(d)(iii) for information on how to advertise a small
business event on the Government point of entry.
[[Page 76320]]
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23. Section 219.301-2 is added to read as follows:
219.301-2 Rerepresentation by a contractor that represented itself as
a small business concern.
Follow the procedures at PGI 204.606(4)(vii) for reporting
modifications for rerepresentation actions.
0
24. Section 219.301-3 is added to read as follows:
219.301-3 Rerepresentation by a contractor that represented itself as
other than a small business concern.
Follow the procedures at PGI 204.606(4)(vii) for reporting
modifications for rerepresentation actions.
PART 225--FOREIGN ACQUISITION
225.403 [Amended]
0
25. Section 225.403(c) is amended--
0
a. In paragraph (i)(B), by removing ``; or'' and adding in its place
``;'';
0
b. In paragraph (ii)(B), by removing ``.'' and adding in its place ``;
or''.
0
26. Section 225.7501(a)(2)(i) is amended by removing
``225.104(a)(iii)'' and adding in its place ``225.104(a)''.
PART 227--PATENTS, DATA, AND COPYRIGHTS
227.304-1 [Amended]
0
27. Section 227.304-1 is amended by removing the parenthetical phrase
``(FAR 27.304-1(e)(2)(ii))''.
227.7203-15 [Amended]
0
28. Section 227.7203-15(c) is amended--
0
a. In paragraph (1), by removing ``252.227.7014'' and adding in its
place ``252.227-7014;
0
b. In paragraph (2), by removing ``252.227.7019'' and adding in its
place ``252.227-7019'';
0
c. In paragraph (3), by removing ``252.227.7025'' and adding in its
place ``252.227-7025''; and
0
d. In paragraph (4), by removing 252.227.7028'' and adding in its place
``252.227-7028''.
PART 234--MAJOR SYSTEM ACQUISITION
234.003 [Amended]
0
29. Section 234.003 is amended by--
0
(a) Removing ``DoDD 5000.1'' and adding in its place ``DoDD 5000.01'';
and
0
(b) Removing ``DoDI 5000.2'' and adding in its place ``DoDI 5000.02''.
234.201 [Amended]
0
30. Section 234.201(4) is amended by removing ``PGI 234.201(4)'' and
adding in its place ``PGI 234.201(3)''.
PART 237--SERVICE CONTRACTING
0
31. Section 237.102-75 is added to read as follows:
237.102-75 Guidebook for the acquisition of services.
See PGI 237.102-75 for the ``Guidebook for the Acquisition of
Services.''
0
32. Section 237.102-76 is added to read as follows:
237.102-76 Review criteria for the acquisition of services.
See PGI 237.102-76 for tenets and review criteria to be used when
conducting preaward and postaward reviews for the acquisition of
services.
PART 243--CONTRACT MODIFICATIONS
243.204-71 [Amended]
0
33. Section 243.204-71(b) is amended by removing ``PGI 243.204-70(b)''
and adding in its place ``PGI 243.204-71(b)''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
34. Section 252.203-7003 is revised to read as follows:
252.203-7003, Agency Office of the Inspector General.
As prescribed in 203.1004(a), use the following clause:
AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2011)
The agency office of the Inspector General referenced in
paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of
Business Ethics and Conduct, is the DoD Office of Inspector General
at the following address:
Department of Defense Office of Inspector General, Investigative
Policy and Oversight, 4800 Mark Center Drive, Suite 11H25,
Alexandria, VA 22350-1500, For FedEx or UPS packages, use this zip
code: 22311, Toll Free Telephone: (866) 429-8011. (End of clause)
252.211-7003 [Amended]
0
35. Section 252.211-7003, Alternate I is amended by--
0
a. Amending the clause date by removing ``(AUG 2008)'' and adding in
its place ``(DEC 2011)''.
0
b. Amending the introductory text by removing ``211.274-4(c)'' and
adding in its place ``211.274-6(a)(4)''.
252.212-7001 [Amended]
0
36. Section 252.212-7001 is amended by--
0
a. Amending the introductory text by removing ``and 227.7103-6(a) and
(e)'';
0
b. Amending the clause date by removing ``(OCT 2011)'' and adding in
its place ``(DEC 2011)'';
0
c. Amending paragraph (b)(1) by removing ``(JAN 2009)'' and adding in
its place ``(SEP 2011)'';
0
d. Amending paragraph (b)(4) by removing ``(OCT 2010)'' and adding in
its place ``(SEP 2011)'';
0
e. Redesignating paragraph (b)(16) as (b)(17 and paragraph (b)(17) as
(b)(16);
0
f. Amending paragraph (b)(20) by removing ``(MAR 2011)'' and adding in
its place ``(DEC 2011)''; and
0
g. Amending paragraph (c)(3) by removing ``(SEP 2011)'' and adding in
its place ``(DEC 2011).
252.227-7015 [Amended]
0
37. Section 252.227-7015 is amended by--
0
a. Amending the introductory text by removing ``227.7102-3(a)(1)'' and
adding in its place ``227.7102-4(a)(1)'';
0
b. Amending the clause date by removing ``(SEP 2011)'' and adding in
its place ``(DEC 2011)'';
0
c. Amending the Alternate I clause date by removing ``(MAR 2011)'' and
adding in its place ``(DEC 2011)''; and
0
d. Amending the Alternate I introductory text by removing ``227.7102-
3(a)(2)'' and adding in its place ``227.7102-4(a)(2)''.
0
38. Section 252.229-7006 is revised to read as follows:
252.229-7006 Value Added Tax Exclusion (United Kingdom)
As prescribed in 229.402-70(f), use the follow clause:
VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (DEC 2011)
The supplies or services identified in this contract are to be
delivered at a price exclusive of value added tax under arrangements
between the appropriate United States authorities and Her Majesty's
Revenue and Customs (HMRC) (Reference HMRC Notice 431, entitled
``Relief from Customs Duty and/or Value Added Tax on United States
Government Expenditures in the United Kingdom''). By executing this
contract, the Contracting Officer certifies that these supplies or
services are being purchased for United States Government official
purposes only. (End of clause)
0
39. Section 252.229-7008 is revised to read as follows:
252.229-7008 Relief from Import Duty (United Kingdom)
As prescribed in 229.402-70(h), use the following clause:
[[Page 76321]]
RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (DEC 2011)
Any import dutiable articles, components, or raw materials
supplied to the United States Government under this contract shall
be exclusive of any United Kingdom import duties. Any imported items
supplied for which import duty already has been paid will be
supplied at a price exclusive of the amount of import duty paid. The
Contractor is advised to contact Her Majesty's Revenue and Customs
(HMRC) to obtain a refund upon completion of the contract (Reference
HMRC Notice No. 431, entitled ``Relief from Customs Duty and/or
Value Added Tax on United States Government Expenditures in the
United Kingdom''). (End of clause)
252.235-7002 [Amended]
0
40. Section 252.235-7002 is amended by--
0
a. Amending the clause date by removing ``(DEC 1991)'' and adding in
its place ``(DEC 2011)''; and
0
b. Amending paragraph (a) by removing ``7 U.S.C. 2316'' and adding in
its place ``7 U.S.C. 2136''.
0
Appendix A to Chapter 2--[Amended]
0
41. Appendix A to Chapter 2, Part 1--Charter, paragraph 1 is amended by
removing ``(41 U.S.C. Sect 601, et seq.)'' and adding in its place
``(41 U.S.C. Section 7101-7109)''.
[FR Doc. 2011-31324 Filed 12-6-11; 8:45 am]
BILLING CODE 5001-06-P
