Defense Federal Acquisition Regulation Supplement: Title 41 Positive Law Codification-Further Implementation (DFARS Case 2012-D003), 78874-78879 [2011-32398]
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules
designation recommendations for the
2008 Ozone NAAQS. These responses
can be found on the EPA’s Internet Web
site at https://www.epa.gov/
ozonedesignations and also in the
public docket for ozone designations at
Docket ID No. EPA–HQ–OAR–2008–
0476. The CAA section 107(d) provides
a process for designations that involves
recommendations by states and tribes to
the EPA and responses from the EPA to
those parties, prior to the EPA
promulgating final designations and
boundaries. The EPA is not required
under the CAA section 107(d) to seek
public comment during the designation
process, but is electing to do so for the
2008 Ozone NAAQS in order to gather
additional information for the EPA to
consider before making final
designations. The EPA invites public
comment on its responses to states and
tribes during the 30-day comment
period provided by this notice. Due to
the statutory timeframe for
promulgating designations set out in the
CAA section 107(d), the EPA will not be
able to consider any public comments
submitted after January 19, 2012. This
notice and opportunity for public
comment does not affect any rights or
obligations of any state, tribe or the EPA
which might otherwise exist pursuant to
the CAA section 107(d).
Please refer to the ADDRESSES section
above in this document for specific
instructions on submitting comments
and locating relevant public documents.
In establishing nonattainment area
boundaries, the EPA is required to
identify the area that does not meet the
2008 Ozone NAAQS and any nearby
area that is contributing to the area that
does not meet that standard. We are
particularly interested in receiving
comments, supported by relevant
information, if you believe that a
specific geographic area that the EPA is
proposing to identify as a nonattainment
area should not be categorized by the
CAA section 107(d) criteria as
nonattainment, or if you believe that a
specific area not proposed by the EPA
to be identified as a nonattainment area
should in fact be categorized as
nonattainment using the CAA section
107(d) criteria. Please be as specific as
possible in supporting your views.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
• Explain your views as clearly as
possible.
• Make sure to submit your
comments by the comment period
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deadline identified in the DATES section
above.
II. Instructions for Submitting Public
Comments
What should I consider as I prepare my
comments for the EPA?
1. Submitting Confidential Business
Information. Do not submit this
information to the EPA through
www.regulations.gov or email. Clearly
mark the part or all of the information
that you claim to be confidential
business information. For confidential
business information in a disk or CD–
ROM that you mail to the EPA, mark the
outside of the disk or CD–ROM as
confidential business information and
then identify electronically within the
disk or CD–ROM the specific
information that is claimed as
confidential business information. In
addition to one complete version of the
comment that includes information
claimed as confidential business
information, a copy of the comment that
does not contain the information
claimed as confidential business
information must be submitted for
inclusion in the public docket.
Information so marked will not be
disclosed except in accordance with
procedures set forth in 40 CFR part 2.
Send or deliver information identified
as confidential business information
only to the following address: Roberto
Morales, U.S. EPA, Office of Air Quality
Planning and Standards, Mail Code
C404–02, Research Triangle Park, NC
27711, telephone (919) 541–0880, email
at morales.roberto@epa.gov, Attention
Docket ID No. EPA–HQ–OAR–2008–
0476.
2. Tips for Preparing Your Comments.
When submitting comments, remember
to:
• Identify the rulemaking by docket
number and other identifying
information (subject heading, Federal
Register date and page number).
• Follow directions—The agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
• Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
• Describe any assumptions and
provide any technical information and/
or data that you used.
• If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
• Provide specific examples to
illustrate your concerns, and suggest
alternatives.
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• Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
• Make sure to submit your
comments by the comment period
deadline identified.
III. Internet Web Site for Rulemaking
Information
The EPA has also established a Web
site for this rulemaking at www.epa.gov/
ozonedesignations. The Web site
includes the state and tribal designation
recommendations, information
supporting the EPA’s preliminary
designation decisions, as well as the
rulemaking actions and other related
information that the public may find
useful.
Dated: December 13, 2011.
Jennifer Noonan Edmonds,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2011–32557 Filed 12–19–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 201, 203, 204, 212, 213,
217, 219, 222, 225, 233, 243, 252,
Appendix I to Chapter 2
RIN 0750–AH55
Defense Federal Acquisition
Regulation Supplement: Title 41
Positive Law Codification—Further
Implementation (DFARS Case 2012–
D003)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCIES:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to conform
statutory titles to the new Positive Law
Codification of Title 41, United States
Code, ‘‘Public Contracts.’’
DATES: Comment Date: Comments on
the proposed rule should be submitted
in writing to the address shown below
on or before February 21, 2012, to be
considered in the formation of a final
rule.
ADDRESSES: Submit comments
identified by DFARS Case 2012–D003,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
entering ‘‘DFARS Case 2012–D003’’
under the heading ‘‘Enter keyword or
SUMMARY:
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2012–
D003.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2012–
D003’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2012–D003 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. 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:
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I. Background
On January 4, 2011, Public Law 111–
350 enacted a new codified version of
Title 41 United States Code (U.S.C.),
entitled ‘‘Public Contracts.’’ Title 41
U.S.C. citations were updated under
DFARS Case 2011–D036 (76 FR 58137,
September 20, 2011).
This case proposes to make further
changes to the previous titles of Acts
that have changed in titles 40 and 41
(comparable to the proposed Federal
Acquisition Regulation (FAR) rule
under FAR Case 2011–018), and other
edits, as necessary.
II. Discussion and Analysis
DoD is updating the historical names
of the Acts in the Defense Federal
Acquisition Regulation Supplement
(DFARS) (e.g., the ‘‘Service Contract Act
of 1965’’ is now the ‘‘Service Contract
Labor Standards statute’’). A table
providing the historical titles of the acts,
the present statutory citation, and the
new titles of the statutes is being
proposed under FAR case 2011–018 for
inclusion at FAR 1.110. That table will
cover acts under both titles 40 and 41.
Although there were no substantive
changes to the meaning of the statutes,
there were some changes in
terminology.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
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and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
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 the rule does not change any
policies or requirements. It just changes
and updates references and terminology.
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 the 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 2012–D003), in
correspondence.
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
V. Paperwork Reduction Act
The rule does not impose any new
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 201,
203, 204, 212, 213, 217, 219, 222, 225,
233, 243, 252, Appendix I to Chapter 2
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
201.107
[Amended]
2. Section 201.107 is amended by
removing from the introductory
sentence ‘‘section 29 of the Office of
Federal Procurement Policy Act (41
U.S.C. 1304)’’ and adding ‘‘41 U.S.C.
1304’’ in its place.
201.304
[Amended]
3. Section 201.304 is amended by
removing from introductory paragraph
(2) ‘‘section 29 of the Office of Federal
Procurement Policy Act (41 U.S.C.
1304)’’ and adding ‘‘41 U.S.C. 1304’’ in
its place.
203.070
[Amended]
4. Section 203.070 is amended by
removing from paragraph (f) ‘‘Antikickback Act’’ and adding ‘‘Kickbacks’’
in its place.
203.502–2
[Amended]
5. Section 203.502–2 is amended by
removing from introductory paragraph
(h) ‘‘the Anti-Kickback Act of 1986’’ and
adding ‘‘41 U.S.C. chapter 87,
Kickbacks’’ in its place.
PART 204—ADMINISTRATIVE
MATTERS
204.1202
[Amended]
6. Section 204.1202 is amended by—
a. Removing from paragraph (2)(v)
‘‘Buy American Act—Balance of
Payments Program Certificate’’ and
adding ‘‘Buy American—Balance of
Payments Program Certificate’’ in its
place; and
b. Removing from paragraph (2)(ix)
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place.
7. Section 204.7003 is amended by
revising paragraph (a)(3)(vi) to read as
follows:
Therefore, 48 CFR parts 201, 203, 204,
212, 213, 217, 219, 222, 225, 233, 243,
252, and Appendix I are proposed for
amendment as follows:
1. The authority citation for 48 CFR
parts 201, 203, 204, 212, 213, 217, 219,
222, 225, 233, 243, 252, and Appendix
I continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
204.7003 Basic PII number.
(a) * * *
(3) * * *
(vi) Contracting actions placed with or
through other Government departments or
agencies or against contracts placed by such
departments or agencies outside the DoD
(including actions from nonprofit agencies
employing people who are blind or severely
disabled (AbilityOne), and the Federal Prison
Industries (UNICOR))—F
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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
PART 219—SMALL BUSINESS
PROGRAMS
212.301
219.703
[Amended]
8. Section 212.301 is amended by—
a. Removing from paragraph (f)(i)(A)
‘‘Buy American Act—Balance of
Payments Program Certificate’’ and
adding ‘‘Buy American—Balance of
Payments Program Certificate’’ in its
place; and
b. Removing from paragraph (f)(i)(C)
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place.
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
14. Subpart 222.3 is amended by
revising the heading to read as follows:
Subpart 222.3—Contract Work Hours
and Safety Standards
222.302
212.7102–1
[Amended]
9. Section 212.7102–1 is amended by
removing from paragraph (e)(2) ‘‘section
26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 1502)’’ and adding
‘‘41 U.S.C. 1502’’ in its place.
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
213.301
[Amended]
[Amended]
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11. Section 213.302–5 is amended
by—
a. Removing from the first sentence of
introductory paragraph (d) ‘‘Buy
American Act—Supplies’’ and adding
‘‘Buy American—Supplies’’ and
removing from the second sentence
‘‘Buy American Act’’ and adding ‘‘Buy
American statute’’ in its place;
b. Removing from paragraph (d)(i)
‘‘Buy American Act and Balance of
Payments Program’’ and adding ‘‘Buy
American and Balance of Payments
Program’’ in its place: and
c. Removing from paragraph (d)(ii)
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program’’ and adding ‘‘Buy American—
Free Trade Agreements—Balance of
Payments Program’’ in its place.
PART 217—SPECIAL CONTRACTING
METHODS
217.7000
[Amended]
12. Section 217.7000 is amended by
removing ‘‘Section 201(c) of the Federal
Property and Administrative Services
Act of 1949, 63 Stat. 384, as amended
(40 U.S.C. 481(c))’’ and adding ‘‘40
U.S.C. 503’’ in its place.
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[Amended]
15. Section 222.302 is amended by
removing from the introductory
sentence ‘‘Contract Work Hours and
Safety Standards Act’’ and adding
‘‘Contract Work Hours and Safety
Standards’’ in its place.
16. Section 222.402–70 is amended by
revising introductory paragraph (a), and
paragraphs (b),(c),(d)(1) through (d)(3)
and (f) to read as follows:
222.402–70
10. Section 213.301 is amended by
removing from paragraph (1)
‘‘Continental Shelf lands’’ and adding
‘‘Continental Shelf’’ in its place.
213.302–5
[Amended]
13. Section 219–703 is amended by
removing from paragraph (a) ‘‘JavitsWagner-O’Day Act (41 U.S.C. 8502–
8504)’’ and adding ‘‘41 U.S.C. chapter
85’’ in its place.
Installation support contracts.
(a) Apply both the Service Contract
Labor Standards statute and the
Construction Wage Rate Requirements
statute to installation support contracts
if—
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(b) Service Contract Labor Standards
statute coverage under the contract.
Contract installation support
requirements, such as plant operation
and installation services (i.e., custodial,
snow removal, etc.) are subject to the
Service Contract Labor Standards.
Apply Service Contract Labor Standards
clauses and minimum wage and fringe
benefit requirements to all contract
service calls or orders for such
maintenance and support work.
(c) Construction Wage Rate
Requirements statute coverage under
the contract. Contract construction,
alteration, renovation, painting, and
repair requirements (i.e., roof shingling,
building structural repair, paving
repairs, etc.) are subject to the
Construction Wage Rate Requirements
statute. Apply Construction Wage Rate
Requirements clauses and minimum
wage requirements to all contract
service calls or orders for construction,
alteration, renovation, painting, or
repairs to buildings or other works.
(d) Repairs versus maintenance. Some
contract work may be characterized as
either Construction Wage Rate
Requirements painting/repairs or
Service Contract Labor Standards
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maintenance. For example, replacing
broken windows, spot painting, or
minor patching of a wall could be
covered by either the Construction Wage
Rate Requirements or the Service
Contract Labor Standards. In those
instances where a contract service call
or order requires construction trade
skills (i.e., carpenter, plumber, painter,
etc.), but it is unclear whether the work
required is Service Contract Labor
Standards maintenance or Construction
Wage Rate Requirements painting/
repairs, apply the following rules:
(1) Individual service calls or orders
which will require a total of 32 or more
work hours to perform shall be
considered to be repair work subject to
the Construction Wage Rate
Requirements.
(2) Individual service calls or orders
which will require less than 32 work
hours to perform shall be considered to
be maintenance subject to the Service
Contract Labor Standards.
(3) Painting work of 200 square feet or
more to be performed under an
individual service call or order shall be
considered to be subject to the
Construction Wage Rate Requirements
statute regardless of the total work hours
required.
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(f) Contracting officers may not avoid
application of the Construction Wage
Rate Requirements statute by splitting
individual tasks between orders or
contracts.
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17. Section 222.404 is amended by
revising the section heading to read as
follows:
222.404 Construction Wage Rate
Requirements statute wage determinations.
222.406–1
[Amended]
18. Section 222.406–1 is amended
by—
a. Removing from paragraph
(b)(1)(A)(1) ‘‘Davis Bacon Act’’ and
adding ‘‘Construction Wage Rate
Requirements statute’’ in its place; and
b. Removing from paragraph
(b)(1)(A)(2) ‘‘Contract Work Hours and
Safety Standards Act’’ and adding
‘‘Contract Work Hours and Safety
Standards statute’’ in its place.
222.406–8
[Amended]
19. Section 222.406–8 is amended by
removing from introductory paragraph
(c)(4)(A) ‘‘Contract Work Hours and
Safety Standards Act (CWHSSA)’’ and
adding ‘‘Contract Work Hours and
Safety Standards (CWHSS) statute’’ in
its place.
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222–406–9
[Amended]
20. Section 222–406–9 is amended by
removing from paragraph (a) ‘‘DavisBacon or CWHSSA’’ and adding
‘‘Construction Wage Rate Requirements
or CWHSS statute’’ in its place.
222.406–13
[Amended]
21. Section 222.406–13 is amended
by—
a. Removing from the introductory
paragraph ‘‘Davis-Bacon Act and the
CWHSSA’’ and adding ‘‘Construction
Wage Rate Requirements statute and the
CWSS statute’’ in its place;
b. Removing from paragraph (7)(i)
‘‘Davis-Bacon Act’’ and adding
‘‘Construction Wage Rate Requirements
statute; and’’ in its place;
c. Removing from paragraph (7)(ii)
‘‘CWSSA’’ and adding ‘‘CWSS statute’’
in its place;
d. Removing from paragraph (8)(i)
‘‘Davis Bacon Act’’ and adding
‘‘Construction Wage Rate Requirements
statute; and CWSS statute’’ in its place;
and removing from paragraph (8)(ii)
‘‘CWHSSA’’ and adding ‘‘CWHSS
statute’’ in its place;
e. Removing from introductory
sentence (9) ‘‘CWHSSA’’ and adding
‘‘CWSS statute’’ in its place and from
paragraph (9)(i) ‘‘; and’’;
f. Removing from paragraph (10)(i)
‘‘Davis-Bacon Act’’ and adding
‘‘Construction Wage Rate Requirements
statute;’’ in its place; and removing from
paragraph (10)(ii) ‘‘CWHSSA’’ and
adding ‘‘CWSS statute; and’’ in its place.
22. Subpart 222.10 is amended by
revising the subpart heading to read as
follows:
Subpart 222.10—Service Contract
Labor Standards
23. Subpart 222.14 is amended by
revising the subpart heading to read as
follows:
Balance of Payments Program; and
252.225–7036, Buy American Act—Free
Trade Agreements—Balance of
Payments Program’’ and adding
‘‘252.225–7001, Buy American and
Balance of Payments Program; and
252.225–7036, Buy American—Free
Trade Agreements—Balance of
Payments Program’’ in its place.
25. Subpart 225.1 is amended by
revising the subpart heading to read as
follows:
Subpart 225.1—Buy American—
Supplies
225.103
[Amended]
26. Section 225.103 is amended by—
a. Removing from paragraph (a)(i)(B)
‘‘Buy American Act’’ and adding ‘‘Buy
American statute’’ in its place; and
b. Removing from introductory
paragraph (a)(ii)(A) ‘‘Subpart 225.5’’ and
adding ‘‘subpart 225.5’’ in its place and
removing ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place.
225.502
[Amended]
27. Section 225.502 is amended by—
a. Removing from introductory
paragraph (c), and (c)(iii)(C) ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place;
b. Removing from paragraph (c)(i)(A)
‘‘Buy American Act’’ and ‘‘Buy
American Act or Balance of Payments
Program’’ and adding ‘‘Buy American
statute’’ and ‘‘Buy American or Balance
of Payments Program’’, respectively, in
its place; and
c. Removing from paragraphs (c)(i)(B),
(c)(ii)(C), (c)(ii)(D), and (c)(iii)(A) ‘‘Buy
American Act or Balance of Payments
Program’’ and adding ‘‘Buy American or
Balance of Payments Program’’ in its
place.
225.872–1
[Amended]
PART 225—FOREIGN ACQUISITION
28. Section 225.872–1 is amended by
removing from introductory paragraphs
(a) and (b) ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place.
225.003
225.872–4
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Subpart 222.14—Employment of
Workers With Disabilities
[Amended]
24. Section 225.003 is amended by—
a. Removing from paragraph (4)
‘‘252.225–7001, Buy American Act and
Balance of Payments Program; and
252.225–7036, Buy American Act—Free
Trade Agreements—Balance of
Payments Program’’ and adding
‘‘252.225–7001, Buy American and
Balance of Payments Program; and
252.225–7036, Buy American—Free
Trade Agreements—Balance of
Payments Program’’ in its place; and
b. Removing from paragraph (11)
‘‘252.225–7001, Buy American Act and
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[Amended]
29. Section 225.872–4 is amended by
removing from introductory paragraph
(a) ‘‘Buy American Act’’ and adding
‘‘Buy American statute’’ in its place.
30. Section 225.1101 is amended by—
a. Removing from paragraph (1)(i) in
the first sentence ‘‘Buy American Act—
Balance of Payments Program
Certificate’’ and adding ‘‘Buy
American—Balance of Payments
Program Certificate’’ in its place and
removing ‘‘FAR 52.225–2, Buy
American Act Certificate’’ and adding
‘‘FAR 52.225–2, Buy American
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Certificate’’ in its place; and in the
second sentence removing ‘‘Buy
American Act and Balance of Payments
Program’’ and adding ‘‘Buy American
and Balance of Payments Program’’ in
its place;
b. Removing from introductory
paragraph (2)(i) ‘‘Buy American Act and
Balance of Payments Program’’ and
adding ‘‘Buy American and Balance of
Payments Program’’ in its place and
removing ‘‘FAR 52.225–1, Buy
American Act—Supplies’’ and adding
‘‘FAR 52.225–1, Buy American—
Supplies’’ in its place;
c. Removing from paragraph (2)(i)(C)
‘‘Buy American Act’’ and adding ‘‘Buy
American’’ in its place;
d. Removing from paragraph
(2)(i)(D)(2) ‘‘Buy American Act—Free
Trade Agreements—Balance of
Payments Program’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program’’ in its
place;
e. Removing from paragraph (3)(i)
‘‘Buy American Act and Balance of
Payments Program’’ and adding ‘‘Buy
American and Balance of Payments
Program’’ in its place;
f. Removing from paragraph (3)(iii)
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program’’ and adding ‘‘Buy American—
Free Trade Agreements—Balance of
Payments Program’’ in its place; and
g. Revising paragraphs (10)(i), (11)(i),
and (11)(iii) to read as follows:
225.1101
Acquisition of supplies.
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(10)(i) Use the provision at 252.225–
7035, Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate, instead of the
provision at FAR 52.225–4, Buy
American—Free Trade Agreements—
Israeli Trade Act Certificate, in
solicitations that include the clause at
252.225–7036, Buy American—Free
Trade Agreements—Balance of
Payments Program.
*
*
*
*
*
(11)(i) Except as provided in
paragraph (11)(ii) of this section, use the
clause at 252.225–7036, Buy
American—Free Trade Agreements—
Balance of Payments Program, instead of
the clause at FAR 52.225–3, Buy
American—Free Trade Agreements—
Israeli Trade Act, in solicitations and
contracts for the items listed at 225.401–
70, when the estimated value equals or
exceeds $25,000, but is less than
$203,000, and a Free Trade Agreement
applies to the acquisition.
*
*
*
*
*
(iii) The acquisition of eligible and
noneligible products under the same
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78878
Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules
contract may result in the application of
a Free Trade Agreement to only some of
the items acquired. In such case,
indicate in the Schedule those items
covered by the Buy American—Free
Trade Agreements—Balance of
Payments Program clause.
225.7000
[Amended]
31. Section 225.7000 is amended by
removing from paragraph (b) ‘‘Buy
American Act’’ and adding ‘‘Buy
American’’ in its place.
PART 233—PROTESTS, DISPUTES,
AND APPEALS
233.204–70
PART 243—CONTRACT
MODIFICATIONS
[Amended]
33. Section 243.204–71 is amended at
paragraph (c) by removing from the first
sentence ‘‘the Contract Disputes Act of
1978 (41 U.S.C. 7103)’’ and adding ‘‘41
U.S.C. 7103, Disputes’’ in its place and
removing from the second sentence ‘‘the
Contract Disputes Act’’ and adding ‘‘41
U.S.C. 7103, Disputes’’ in its place.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.204–7007
[Amended]
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
[Amended]
35. Section 252.212–7001 is amended
by—
a. Removing from paragraphs (b)(4),
(b)(21), and (c)(4) the clause date ‘‘(SEP
2011)’’ and adding ‘‘(DATE)’’ in its
place;
b. Removing from paragraphs (b)(6)(i),
(b)(12)(i), and (b)(15)(i) through (iv) the
clause date ‘‘(OCT 2011)’’ and adding
‘‘(DATE)’’ in its place; and
VerDate Mar<15>2010
14:50 Dec 19, 2011
Jkt 226001
[Amended]
36. Section 252.212–7002 is amended
by removing the clause date ‘‘(JUN
2011)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph (1)
of the definition ‘‘Nontraditional
defense contractor’’ ‘‘Section 26 of the
Office of Federal Procurement Policy
Act (41 U.S.C. section 1502)’’ and
adding ‘‘41 U.S.C. section 1502’’ in its
place.
[Amended]
37. Section 252.217–7002 is amended
by removing the clause date ‘‘(DEC
1991)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph (a)
‘‘Section 201(c) of the Federal Property
and Administrative Services Act of
1949, 63 Stat. 384 (40 U.S.C. 481(c))’’
and adding ‘‘40 U.S.C. 503’’ in its place.
252.219–7003
[Amended]
38. Section 252.219–7003 is amended
by removing the clause date ‘‘(SEP
2011)’’ and adding ‘‘(DATE)’’ in its
place, removing from introductory
paragraph (e) ‘‘Section 831’’ and adding
‘‘section 831’’ in its place and adding at
the end ‘‘to’’, and removing from
paragraph (e)(1) ‘‘handicapped’’ and
adding ‘‘disabled’’ in its place.
252.225–7000
34. Section 252.204–7007 is amended
by—
a. Removing the clause date ‘‘(NOV
2011)’’ and adding ‘‘(DATE)’’ in its
place;
b. Removing from paragraph (d)(2)(ii)
‘‘Buy American Act—Balance of
Payments Program Certificate’’ and
adding ‘‘Buy American—Balance of
Payments Program Certificate’’ in its
place; and
c. Removing from paragraph (d)(2)(vi)
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place.
252.212–7001
252.212–7002
252.217–7002
[Amended]
32. Section 233.204–70 is amended by
removing ‘‘the Contract Disputes Act of
1978’’ and adding ‘‘41 U.S.C. chapter 71
(Contract Disputes)’’ in its place.
243.204–71
c. Removing from paragraph (b)(8) the
clause date ‘‘(JAN 2011)’’ and adding
‘‘(DATE)’’ in its place.
Frm 00016
Fmt 4702
Sfmt 4702
252.225–7001 Buy American and Balance
of Payments Program.
*
*
*
*
*
BUY AMERICAN AND BALANCE OF
PAYMENTS PROGRAM (DATE)
*
*
*
252.225–7009
*
*
[Amended]
41. Section 252.225–7009 is amended
by removing the clause date ‘‘(JAN
2011)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph
(a)(4)(ii) ‘‘section 3 of the Shipping Act
of 1984 (46 U.S.C. App 1702)’’ and
adding ‘‘46 U.S.C. 40102(4)’’ in its
place.
42. Section 252.225–7013 is amended
by—
a. Removing the clause date ‘‘(DEC
2009)’’ and adding ‘‘(DATE)’’ in its
place, removing the numbers in front of
each definition at paragraph (a) and
revising paragraphs (ii) and (iii) of the
definition ‘‘Eligible product’’ and the
definition ‘‘Qualifying country’’ and
‘‘qualifying country end product’’ to
read as follows:
252.225–7013
Duty-Free Entry.
*
[Amended]
39. Section 252.225–7000 is amended
by removing ‘‘Act’’ from the section
heading and provision title, removing
the clause date ‘‘(DEC 2009)’’ and
adding ‘‘(DATE)’’ in its place, and
removing from paragraphs (b)(2) and
introductory paragraph (c)(1) ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place.
40. Section 252.225–7001 is amended
by—
a. Revising the section heading, clause
title, and clause date;
b. Removing from paragraph (ii) of the
definition ‘‘Commercially available offthe-shelf (COTS) item’’, ‘‘section 3 of the
Shipping Act of 1984 (46 U.S.C. 40102)’’
and adding ‘‘46 U.S.C. 40102(4)’’ in its
place;
c. Removing from paragraph (ii)(A)(2)
of the definition ‘‘Domestic end
product’’ ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place;
d. Removing from paragraph (b) in the
first sentence ‘‘the Buy American Act
(41 U.S.C. chapter 83)’’ and adding ‘‘41
U.S.C. chapter 83, Buy American’’ in its
place, and in the second sentence ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place; and
PO 00000
e. Removing from paragraph (c) ‘‘Buy
American Act—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Balance of Payments
Program Certificate’’ in its place.
The revisions read as follows:
*
*
*
*
Eligible product means—* * *
(ii) Free Trade Agreement country end
product, other than a Bahrainian end
product, a Moroccan end product, or a
Peruvian end product, as defined in the
Buy American—Free Trade
Agreements—Balance of Payments
Program clause of this contract; or
(iii) Canadian end product as defined
in Alternate I of the Buy American—
Free Trade Agreements—Balance of
Payments Program clause of this
contract.
Qualifying country and qualifying
country end product have the meanings
given in the Trade Agreements clause,
the Buy American and Balance of
Payments Program clause, or the Buy
American—Free Trade Agreements—
Balance of Payments Program clause of
this contract.
252.225–7021
[Amended]
43. Section 252.225–7021 is amended
by removing the clause date ‘‘(OCT
2011)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph (ii)
of the definition ‘‘Commercially
available off-the-shelf (COTS) item’’
‘‘section 4 of the Shipping Act of 1984
(46 U.S.C. 40102)’’ and adding ‘‘46
U.S.C. 40102(4)’’ in its place.
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44. Section 252.225–7035 is amended
by—
a. Revising the section heading,
provision title, and clause date;
b. Removing from paragraph (a) ‘‘Buy
American Act—Free Trade
Agreements—Balance of Payments
Program’’ and adding ‘‘Buy American—
Free Trade Agreements—Balance of
Payments Program’’ in its place;
c. Removing from paragraph (b)(2)
‘‘Buy American Act’’ and adding ‘‘Buy
American’’ in its place;
d. Removing from ALTERNATE II the
clause date ‘‘(DEC 2010)’’ and adding
‘‘(DATE)’’ in its place and in paragraph
(b)(2) removing ‘‘Buy American Act’’
and adding ‘‘Buy American’’ in its
place;
e. Removing from ALTERNATE III the
clause date ‘‘(DEC 2010)’’ and adding
‘‘(DATE)’’ in its place, removing from
paragraph (a) ‘‘Buy American Act—Free
Trade Agreements—Balance of
Payments Program’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program’’ in its
place, and removing from paragraph
(b)(2) ‘‘Buy American Act’’ and adding
‘‘Buy American’’ in its place.
The revisions read as follows:
252.225–7035 Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate.
*
*
*
*
*
BUY AMERICAN—FREE TRADE
AGREEMENTS—BALANCE OF
PAYMENTS PROGRAM CERTIFICATE
(DATE)
pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
*
*
*
*
*
45. Section 252.225–7036 is amended
by—
a. Revising the section heading, clause
title, and clause date;
b. Removing from paragraph (ii) of the
definition ‘‘Commercially available offthe-shelf (COTS) item’’, ‘‘section 3 of the
Shipping Act of 1984 (46 U.S.C. 40102)’’
and adding ‘‘46 U.S.C. 40102(4)’’ in its
place;
c. Removing from paragraph (ii)(A)(2)
of the definition for ‘‘Domestic end
product’’, ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place;
d. Removing from paragraph (c) ‘‘Buy
American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place;
e. Removing from ALTERNATE I the
clause date ‘‘(OCT 2011)’’ and adding
‘‘(DATE)’’ in its place and removing
from paragraph (c) ‘‘Buy American
Act—Free Trade Agreements—Balance
VerDate Mar<15>2010
14:50 Dec 19, 2011
Jkt 226001
of Payments Program Certificate’’ and
adding ‘‘Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate’’ in its place;
f. Removing from Alternate II the
clause date ‘‘(OCT 2011)’’ and adding
‘‘(DATE)’’ in its place and removing
from paragraph (c) ‘‘Buy American
Act—Free Trade Agreements—Balance
of Payments Program Certificate’’ and
adding ‘‘Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate’’ in its place; and
g. Removing from ALTERNATE III the
clause date ‘‘(OCT 2011)’’ and adding
‘‘(DATE)’’ in its place and removing
from paragraph (c) ‘‘Buy American
Act—Free Trade Agreements—Balance
of Payments Program Certificate’’ and
adding ‘‘Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate’’ in its place.
The revisions read as follows:
252.225–7036 Buy American—Free Trade
Agreements—Balance of Payments
Program.
*
*
*
*
*
BUY AMERICAN—FREE TRADE
AGREEMENTS—BALANCE OF
PAYMENTS PROGRAM (DATE)
*
*
*
252.225–7044
*
*
[Amended]
[Amended]
49. Section 252.244–7001 is amended
by removing the clause date ‘‘(MAY
2011)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph
(c)(17) ‘‘the Anti-Kickback Act’’ and
PO 00000
Frm 00017
Fmt 4702
Sfmt 4702
APPENDIX I TO CHAPTER 2—POLICY
AND PROCEDURES FOR THE DOD
PILOT MENTOR–PROTEGE
PROGRAM
50. Section I–101.4 is revised to read
as follows:
I–101.4 Severely disabled individual.
An individual who has a physical or
mental disability which constitutes a
substantial handicap to employment and
which, in accordance with criteria prescribed
by the Committee for Purchase from People
Who Are Blind or Severely Disabled
established by the first section of the Act of
June 25, 1938 (41 U.S.C. 8502), is of such a
nature that the individual is otherwise
prevented from engaging in normal
competitive employment.
[FR Doc. 2011–32398 Filed 12–19–11; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BB10
48. Section 252.227–7038 is amended
by removing the clause date ‘‘(DEC
2007)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph
(l)(2)(ii) ‘‘Contract Disputes Act’’ and
adding ‘‘Contract Disputes statute’’ in its
place.
252.244–7001
adding ‘‘41 U.S.C. chapter 87,
Kickbacks’’ in its place.
[Docket No. 110511280–1727–01]
[Amended]
46. Section 252.225–7044 is amended
by removing the clause date ‘‘(DEC
2010)’’ and adding ‘‘(DATE)’’ in its
place and removing from paragraph (2)
of the definition ‘‘Commercially
available off-the-shelf (COTS) item’’ ‘‘in
section 3 of the Shipping Act of 1984
(46 U.S.C. 40102’’ and adding ‘‘46
U.S.C. 40102(4)’’ in its place.
47. Section 252.227–7037 is amended
by removing the clause date ‘‘(SEP
2011)’’ and adding ‘‘(DATE)’’ in its
place, removing from paragraph (e)(3)
‘‘the Contract Disputes Act of 1978 (41
U.S.C. 7101)’’ and adding ‘‘41 U.S.C.
7101, Contract Disputes’’ in its place,
and removing from paragraph (g)(2)(iv)
‘‘Contract Disputes Act’’ and adding
‘‘Contract Disputes statute’’ in its place.
252.227–7038
78879
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery Off the Southern
Atlantic States; Snapper-Grouper
Management Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS publishes this
proposed rule to implement a regulatory
amendment (Regulatory Amendment
11) to the Fishery Management Plan for
the Snapper-Grouper Fishery of the
South Atlantic Region (FMP), as
prepared by the South Atlantic Fishery
Management Council (Council). If
implemented, this rule would remove
the harvest and possession prohibition
of six deep-water snapper-grouper
species (snowy grouper, blueline
tilefish, yellowedge grouper, misty
grouper, queen snapper, and silk
snapper) from depths greater than 240 ft
(73 m) in the South Atlantic exclusive
economic zone (EEZ). The intent of this
rule is to reduce the socio-economic
impacts to fishermen harvesting deepwater snapper-grouper as well as
maintain the biological protection to
SUMMARY:
E:\FR\FM\20DEP1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Proposed Rules]
[Pages 78874-78879]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32398]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 203, 204, 212, 213, 217, 219, 222, 225, 233, 243,
252, Appendix I to Chapter 2
RIN 0750-AH55
Defense Federal Acquisition Regulation Supplement: Title 41
Positive Law Codification--Further Implementation (DFARS Case 2012-
D003)
AGENCIES: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to conform statutory titles to the new Positive
Law Codification of Title 41, United States Code, ``Public Contracts.''
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before February 21, 2012,
to be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2012-D003, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D003''
under the heading ``Enter keyword or
[[Page 78875]]
ID'' and selecting ``Search.'' Select the link ``Submit a Comment''
that corresponds with ``DFARS Case 2012-D003.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2012-D003'' on your attached
document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2012-D003 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Ms. 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
On January 4, 2011, Public Law 111-350 enacted a new codified
version of Title 41 United States Code (U.S.C.), entitled ``Public
Contracts.'' Title 41 U.S.C. citations were updated under DFARS Case
2011-D036 (76 FR 58137, September 20, 2011).
This case proposes to make further changes to the previous titles
of Acts that have changed in titles 40 and 41 (comparable to the
proposed Federal Acquisition Regulation (FAR) rule under FAR Case 2011-
018), and other edits, as necessary.
II. Discussion and Analysis
DoD is updating the historical names of the Acts in the Defense
Federal Acquisition Regulation Supplement (DFARS) (e.g., the ``Service
Contract Act of 1965'' is now the ``Service Contract Labor Standards
statute''). A table providing the historical titles of the acts, the
present statutory citation, and the new titles of the statutes is being
proposed under FAR case 2011-018 for inclusion at FAR 1.110. That table
will cover acts under both titles 40 and 41.
Although there were no substantive changes to the meaning of the
statutes, there were some changes in terminology.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
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 the rule
does not change any policies or requirements. It just changes and
updates references and terminology. 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 the 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 2012-D003), in
correspondence.
V. Paperwork Reduction Act
The rule does not impose any new information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 201, 203, 204, 212, 213, 217, 219,
222, 225, 233, 243, 252, Appendix I to Chapter 2
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 203, 204, 212, 213, 217, 219, 222,
225, 233, 243, 252, and Appendix I are proposed for amendment as
follows:
1. The authority citation for 48 CFR parts 201, 203, 204, 212, 213,
217, 219, 222, 225, 233, 243, 252, and Appendix I continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
201.107 [Amended]
2. Section 201.107 is amended by removing from the introductory
sentence ``section 29 of the Office of Federal Procurement Policy Act
(41 U.S.C. 1304)'' and adding ``41 U.S.C. 1304'' in its place.
201.304 [Amended]
3. Section 201.304 is amended by removing from introductory
paragraph (2) ``section 29 of the Office of Federal Procurement Policy
Act (41 U.S.C. 1304)'' and adding ``41 U.S.C. 1304'' in its place.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
203.070 [Amended]
4. Section 203.070 is amended by removing from paragraph (f)
``Anti-kickback Act'' and adding ``Kickbacks'' in its place.
203.502-2 [Amended]
5. Section 203.502-2 is amended by removing from introductory
paragraph (h) ``the Anti-Kickback Act of 1986'' and adding ``41 U.S.C.
chapter 87, Kickbacks'' in its place.
PART 204--ADMINISTRATIVE MATTERS
204.1202 [Amended]
6. Section 204.1202 is amended by--
a. Removing from paragraph (2)(v) ``Buy American Act--Balance of
Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place; and
b. Removing from paragraph (2)(ix) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place.
7. Section 204.7003 is amended by revising paragraph (a)(3)(vi) to
read as follows:
204.7003 Basic PII number.
(a) * * *
(3) * * *
(vi) Contracting actions placed with or through other Government
departments or agencies or against contracts placed by such
departments or agencies outside the DoD (including actions from
nonprofit agencies employing people who are blind or severely
disabled (AbilityOne), and the Federal Prison Industries (UNICOR))--
F
* * * * *
[[Page 78876]]
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
8. Section 212.301 is amended by--
a. Removing from paragraph (f)(i)(A) ``Buy American Act--Balance of
Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place; and
b. Removing from paragraph (f)(i)(C) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place.
212.7102-1 [Amended]
9. Section 212.7102-1 is amended by removing from paragraph (e)(2)
``section 26 of the Office of Federal Procurement Policy Act (41 U.S.C.
1502)'' and adding ``41 U.S.C. 1502'' in its place.
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
213.301 [Amended]
10. Section 213.301 is amended by removing from paragraph (1)
``Continental Shelf lands'' and adding ``Continental Shelf'' in its
place.
213.302-5 [Amended]
11. Section 213.302-5 is amended by--
a. Removing from the first sentence of introductory paragraph (d)
``Buy American Act--Supplies'' and adding ``Buy American--Supplies''
and removing from the second sentence ``Buy American Act'' and adding
``Buy American statute'' in its place;
b. Removing from paragraph (d)(i) ``Buy American Act and Balance of
Payments Program'' and adding ``Buy American and Balance of Payments
Program'' in its place: and
c. Removing from paragraph (d)(ii) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place.
PART 217--SPECIAL CONTRACTING METHODS
217.7000 [Amended]
12. Section 217.7000 is amended by removing ``Section 201(c) of the
Federal Property and Administrative Services Act of 1949, 63 Stat. 384,
as amended (40 U.S.C. 481(c))'' and adding ``40 U.S.C. 503'' in its
place.
PART 219--SMALL BUSINESS PROGRAMS
219.703 [Amended]
13. Section 219-703 is amended by removing from paragraph (a)
``Javits-Wagner-O'Day Act (41 U.S.C. 8502-8504)'' and adding ``41
U.S.C. chapter 85'' in its place.
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
14. Subpart 222.3 is amended by revising the heading to read as
follows:
Subpart 222.3--Contract Work Hours and Safety Standards
222.302 [Amended]
15. Section 222.302 is amended by removing from the introductory
sentence ``Contract Work Hours and Safety Standards Act'' and adding
``Contract Work Hours and Safety Standards'' in its place.
16. Section 222.402-70 is amended by revising introductory
paragraph (a), and paragraphs (b),(c),(d)(1) through (d)(3) and (f) to
read as follows:
222.402-70 Installation support contracts.
(a) Apply both the Service Contract Labor Standards statute and the
Construction Wage Rate Requirements statute to installation support
contracts if--
* * * * *
(b) Service Contract Labor Standards statute coverage under the
contract. Contract installation support requirements, such as plant
operation and installation services (i.e., custodial, snow removal,
etc.) are subject to the Service Contract Labor Standards. Apply
Service Contract Labor Standards clauses and minimum wage and fringe
benefit requirements to all contract service calls or orders for such
maintenance and support work.
(c) Construction Wage Rate Requirements statute coverage under the
contract. Contract construction, alteration, renovation, painting, and
repair requirements (i.e., roof shingling, building structural repair,
paving repairs, etc.) are subject to the Construction Wage Rate
Requirements statute. Apply Construction Wage Rate Requirements clauses
and minimum wage requirements to all contract service calls or orders
for construction, alteration, renovation, painting, or repairs to
buildings or other works.
(d) Repairs versus maintenance. Some contract work may be
characterized as either Construction Wage Rate Requirements painting/
repairs or Service Contract Labor Standards maintenance. For example,
replacing broken windows, spot painting, or minor patching of a wall
could be covered by either the Construction Wage Rate Requirements or
the Service Contract Labor Standards. In those instances where a
contract service call or order requires construction trade skills
(i.e., carpenter, plumber, painter, etc.), but it is unclear whether
the work required is Service Contract Labor Standards maintenance or
Construction Wage Rate Requirements painting/repairs, apply the
following rules:
(1) Individual service calls or orders which will require a total
of 32 or more work hours to perform shall be considered to be repair
work subject to the Construction Wage Rate Requirements.
(2) Individual service calls or orders which will require less than
32 work hours to perform shall be considered to be maintenance subject
to the Service Contract Labor Standards.
(3) Painting work of 200 square feet or more to be performed under
an individual service call or order shall be considered to be subject
to the Construction Wage Rate Requirements statute regardless of the
total work hours required.
* * * * *
(f) Contracting officers may not avoid application of the
Construction Wage Rate Requirements statute by splitting individual
tasks between orders or contracts.
* * * * *
17. Section 222.404 is amended by revising the section heading to
read as follows:
222.404 Construction Wage Rate Requirements statute wage
determinations.
222.406-1 [Amended]
18. Section 222.406-1 is amended by--
a. Removing from paragraph (b)(1)(A)(1) ``Davis Bacon Act'' and
adding ``Construction Wage Rate Requirements statute'' in its place;
and
b. Removing from paragraph (b)(1)(A)(2) ``Contract Work Hours and
Safety Standards Act'' and adding ``Contract Work Hours and Safety
Standards statute'' in its place.
222.406-8 [Amended]
19. Section 222.406-8 is amended by removing from introductory
paragraph (c)(4)(A) ``Contract Work Hours and Safety Standards Act
(CWHSSA)'' and adding ``Contract Work Hours and Safety Standards
(CWHSS) statute'' in its place.
[[Page 78877]]
222-406-9 [Amended]
20. Section 222-406-9 is amended by removing from paragraph (a)
``Davis-Bacon or CWHSSA'' and adding ``Construction Wage Rate
Requirements or CWHSS statute'' in its place.
222.406-13 [Amended]
21. Section 222.406-13 is amended by--
a. Removing from the introductory paragraph ``Davis-Bacon Act and
the CWHSSA'' and adding ``Construction Wage Rate Requirements statute
and the CWSS statute'' in its place;
b. Removing from paragraph (7)(i) ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute; and'' in its place;
c. Removing from paragraph (7)(ii) ``CWSSA'' and adding ``CWSS
statute'' in its place;
d. Removing from paragraph (8)(i) ``Davis Bacon Act'' and adding
``Construction Wage Rate Requirements statute; and CWSS statute'' in
its place; and removing from paragraph (8)(ii) ``CWHSSA'' and adding
``CWHSS statute'' in its place;
e. Removing from introductory sentence (9) ``CWHSSA'' and adding
``CWSS statute'' in its place and from paragraph (9)(i) ``; and'';
f. Removing from paragraph (10)(i) ``Davis-Bacon Act'' and adding
``Construction Wage Rate Requirements statute;'' in its place; and
removing from paragraph (10)(ii) ``CWHSSA'' and adding ``CWSS statute;
and'' in its place.
22. Subpart 222.10 is amended by revising the subpart heading to
read as follows:
Subpart 222.10--Service Contract Labor Standards
23. Subpart 222.14 is amended by revising the subpart heading to
read as follows:
Subpart 222.14--Employment of Workers With Disabilities
PART 225--FOREIGN ACQUISITION
225.003 [Amended]
24. Section 225.003 is amended by--
a. Removing from paragraph (4) ``252.225-7001, Buy American Act and
Balance of Payments Program; and 252.225-7036, Buy American Act--Free
Trade Agreements--Balance of Payments Program'' and adding ``252.225-
7001, Buy American and Balance of Payments Program; and 252.225-7036,
Buy American--Free Trade Agreements--Balance of Payments Program'' in
its place; and
b. Removing from paragraph (11) ``252.225-7001, Buy American Act
and Balance of Payments Program; and 252.225-7036, Buy American Act--
Free Trade Agreements--Balance of Payments Program'' and adding
``252.225-7001, Buy American and Balance of Payments Program; and
252.225-7036, Buy American--Free Trade Agreements--Balance of Payments
Program'' in its place.
25. Subpart 225.1 is amended by revising the subpart heading to
read as follows:
Subpart 225.1--Buy American--Supplies
225.103 [Amended]
26. Section 225.103 is amended by--
a. Removing from paragraph (a)(i)(B) ``Buy American Act'' and
adding ``Buy American statute'' in its place; and
b. Removing from introductory paragraph (a)(ii)(A) ``Subpart
225.5'' and adding ``subpart 225.5'' in its place and removing ``Buy
American Act'' and adding ``Buy American statute'' in its place.
225.502 [Amended]
27. Section 225.502 is amended by--
a. Removing from introductory paragraph (c), and (c)(iii)(C) ``Buy
American Act'' and adding ``Buy American statute'' in its place;
b. Removing from paragraph (c)(i)(A) ``Buy American Act'' and ``Buy
American Act or Balance of Payments Program'' and adding ``Buy American
statute'' and ``Buy American or Balance of Payments Program'',
respectively, in its place; and
c. Removing from paragraphs (c)(i)(B), (c)(ii)(C), (c)(ii)(D), and
(c)(iii)(A) ``Buy American Act or Balance of Payments Program'' and
adding ``Buy American or Balance of Payments Program'' in its place.
225.872-1 [Amended]
28. Section 225.872-1 is amended by removing from introductory
paragraphs (a) and (b) ``Buy American Act'' and adding ``Buy American
statute'' in its place.
225.872-4 [Amended]
29. Section 225.872-4 is amended by removing from introductory
paragraph (a) ``Buy American Act'' and adding ``Buy American statute''
in its place.
30. Section 225.1101 is amended by--
a. Removing from paragraph (1)(i) in the first sentence ``Buy
American Act--Balance of Payments Program Certificate'' and adding
``Buy American--Balance of Payments Program Certificate'' in its place
and removing ``FAR 52.225-2, Buy American Act Certificate'' and adding
``FAR 52.225-2, Buy American Certificate'' in its place; and in the
second sentence removing ``Buy American Act and Balance of Payments
Program'' and adding ``Buy American and Balance of Payments Program''
in its place;
b. Removing from introductory paragraph (2)(i) ``Buy American Act
and Balance of Payments Program'' and adding ``Buy American and Balance
of Payments Program'' in its place and removing ``FAR 52.225-1, Buy
American Act--Supplies'' and adding ``FAR 52.225-1, Buy American--
Supplies'' in its place;
c. Removing from paragraph (2)(i)(C) ``Buy American Act'' and
adding ``Buy American'' in its place;
d. Removing from paragraph (2)(i)(D)(2) ``Buy American Act--Free
Trade Agreements--Balance of Payments Program'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program'' in its
place;
e. Removing from paragraph (3)(i) ``Buy American Act and Balance of
Payments Program'' and adding ``Buy American and Balance of Payments
Program'' in its place;
f. Removing from paragraph (3)(iii) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place; and
g. Revising paragraphs (10)(i), (11)(i), and (11)(iii) to read as
follows:
225.1101 Acquisition of supplies.
* * * * *
(10)(i) Use the provision at 252.225-7035, Buy American--Free Trade
Agreements--Balance of Payments Program Certificate, instead of the
provision at FAR 52.225-4, Buy American--Free Trade Agreements--Israeli
Trade Act Certificate, in solicitations that include the clause at
252.225-7036, Buy American--Free Trade Agreements--Balance of Payments
Program.
* * * * *
(11)(i) Except as provided in paragraph (11)(ii) of this section,
use the clause at 252.225-7036, Buy American--Free Trade Agreements--
Balance of Payments Program, instead of the clause at FAR 52.225-3, Buy
American--Free Trade Agreements--Israeli Trade Act, in solicitations
and contracts for the items listed at 225.401-70, when the estimated
value equals or exceeds $25,000, but is less than $203,000, and a Free
Trade Agreement applies to the acquisition.
* * * * *
(iii) The acquisition of eligible and noneligible products under
the same
[[Page 78878]]
contract may result in the application of a Free Trade Agreement to
only some of the items acquired. In such case, indicate in the Schedule
those items covered by the Buy American--Free Trade Agreements--Balance
of Payments Program clause.
225.7000 [Amended]
31. Section 225.7000 is amended by removing from paragraph (b)
``Buy American Act'' and adding ``Buy American'' in its place.
PART 233--PROTESTS, DISPUTES, AND APPEALS
233.204-70 [Amended]
32. Section 233.204-70 is amended by removing ``the Contract
Disputes Act of 1978'' and adding ``41 U.S.C. chapter 71 (Contract
Disputes)'' in its place.
PART 243--CONTRACT MODIFICATIONS
243.204-71 [Amended]
33. Section 243.204-71 is amended at paragraph (c) by removing from
the first sentence ``the Contract Disputes Act of 1978 (41 U.S.C.
7103)'' and adding ``41 U.S.C. 7103, Disputes'' in its place and
removing from the second sentence ``the Contract Disputes Act'' and
adding ``41 U.S.C. 7103, Disputes'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7007 [Amended]
34. Section 252.204-7007 is amended by--
a. Removing the clause date ``(NOV 2011)'' and adding ``(DATE)'' in
its place;
b. Removing from paragraph (d)(2)(ii) ``Buy American Act--Balance
of Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place; and
c. Removing from paragraph (d)(2)(vi) ``Buy American Act--Free
Trade Agreements--Balance of Payments Program Certificate'' and adding
``Buy American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place.
252.212-7001 [Amended]
35. Section 252.212-7001 is amended by--
a. Removing from paragraphs (b)(4), (b)(21), and (c)(4) the clause
date ``(SEP 2011)'' and adding ``(DATE)'' in its place;
b. Removing from paragraphs (b)(6)(i), (b)(12)(i), and (b)(15)(i)
through (iv) the clause date ``(OCT 2011)'' and adding ``(DATE)'' in
its place; and
c. Removing from paragraph (b)(8) the clause date ``(JAN 2011)''
and adding ``(DATE)'' in its place.
252.212-7002 [Amended]
36. Section 252.212-7002 is amended by removing the clause date
``(JUN 2011)'' and adding ``(DATE)'' in its place and removing from
paragraph (1) of the definition ``Nontraditional defense contractor''
``Section 26 of the Office of Federal Procurement Policy Act (41 U.S.C.
section 1502)'' and adding ``41 U.S.C. section 1502'' in its place.
252.217-7002 [Amended]
37. Section 252.217-7002 is amended by removing the clause date
``(DEC 1991)'' and adding ``(DATE)'' in its place and removing from
paragraph (a) ``Section 201(c) of the Federal Property and
Administrative Services Act of 1949, 63 Stat. 384 (40 U.S.C. 481(c))''
and adding ``40 U.S.C. 503'' in its place.
252.219-7003 [Amended]
38. Section 252.219-7003 is amended by removing the clause date
``(SEP 2011)'' and adding ``(DATE)'' in its place, removing from
introductory paragraph (e) ``Section 831'' and adding ``section 831''
in its place and adding at the end ``to'', and removing from paragraph
(e)(1) ``handicapped'' and adding ``disabled'' in its place.
252.225-7000 [Amended]
39. Section 252.225-7000 is amended by removing ``Act'' from the
section heading and provision title, removing the clause date ``(DEC
2009)'' and adding ``(DATE)'' in its place, and removing from
paragraphs (b)(2) and introductory paragraph (c)(1) ``Buy American
Act'' and adding ``Buy American statute'' in its place.
40. Section 252.225-7001 is amended by--
a. Revising the section heading, clause title, and clause date;
b. Removing from paragraph (ii) of the definition ``Commercially
available off-the-shelf (COTS) item'', ``section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its
place;
c. Removing from paragraph (ii)(A)(2) of the definition ``Domestic
end product'' ``Buy American Act'' and adding ``Buy American statute''
in its place;
d. Removing from paragraph (b) in the first sentence ``the Buy
American Act (41 U.S.C. chapter 83)'' and adding ``41 U.S.C. chapter
83, Buy American'' in its place, and in the second sentence ``Buy
American Act'' and adding ``Buy American statute'' in its place; and
e. Removing from paragraph (c) ``Buy American Act--Balance of
Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place.
The revisions read as follows:
252.225-7001 Buy American and Balance of Payments Program.
* * * * *
BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DATE)
* * * * *
252.225-7009 [Amended]
41. Section 252.225-7009 is amended by removing the clause date
``(JAN 2011)'' and adding ``(DATE)'' in its place and removing from
paragraph (a)(4)(ii) ``section 3 of the Shipping Act of 1984 (46 U.S.C.
App 1702)'' and adding ``46 U.S.C. 40102(4)'' in its place.
42. Section 252.225-7013 is amended by--
a. Removing the clause date ``(DEC 2009)'' and adding ``(DATE)'' in
its place, removing the numbers in front of each definition at
paragraph (a) and revising paragraphs (ii) and (iii) of the definition
``Eligible product'' and the definition ``Qualifying country'' and
``qualifying country end product'' to read as follows:
252.225-7013 Duty-Free Entry.
* * * * *
Eligible product means--* * *
(ii) Free Trade Agreement country end product, other than a
Bahrainian end product, a Moroccan end product, or a Peruvian end
product, as defined in the Buy American--Free Trade Agreements--Balance
of Payments Program clause of this contract; or
(iii) Canadian end product as defined in Alternate I of the Buy
American--Free Trade Agreements--Balance of Payments Program clause of
this contract.
Qualifying country and qualifying country end product have the
meanings given in the Trade Agreements clause, the Buy American and
Balance of Payments Program clause, or the Buy American--Free Trade
Agreements--Balance of Payments Program clause of this contract.
252.225-7021 [Amended]
43. Section 252.225-7021 is amended by removing the clause date
``(OCT 2011)'' and adding ``(DATE)'' in its place and removing from
paragraph (ii) of the definition ``Commercially available off-the-shelf
(COTS) item'' ``section 4 of the Shipping Act of 1984 (46 U.S.C.
40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.
[[Page 78879]]
44. Section 252.225-7035 is amended by--
a. Revising the section heading, provision title, and clause date;
b. Removing from paragraph (a) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place;
c. Removing from paragraph (b)(2) ``Buy American Act'' and adding
``Buy American'' in its place;
d. Removing from ALTERNATE II the clause date ``(DEC 2010)'' and
adding ``(DATE)'' in its place and in paragraph (b)(2) removing ``Buy
American Act'' and adding ``Buy American'' in its place;
e. Removing from ALTERNATE III the clause date ``(DEC 2010)'' and
adding ``(DATE)'' in its place, removing from paragraph (a) ``Buy
American Act--Free Trade Agreements--Balance of Payments Program'' and
adding ``Buy American--Free Trade Agreements--Balance of Payments
Program'' in its place, and removing from paragraph (b)(2) ``Buy
American Act'' and adding ``Buy American'' in its place.
The revisions read as follows:
252.225-7035 Buy American--Free Trade Agreements--Balance of Payments
Program Certificate.
* * * * *
BUY AMERICAN--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM
CERTIFICATE (DATE)
* * * * *
45. Section 252.225-7036 is amended by--
a. Revising the section heading, clause title, and clause date;
b. Removing from paragraph (ii) of the definition ``Commercially
available off-the-shelf (COTS) item'', ``section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its
place;
c. Removing from paragraph (ii)(A)(2) of the definition for
``Domestic end product'', ``Buy American Act'' and adding ``Buy
American statute'' in its place;
d. Removing from paragraph (c) ``Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place;
e. Removing from ALTERNATE I the clause date ``(OCT 2011)'' and
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy
American Act--Free Trade Agreements--Balance of Payments Program
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance
of Payments Program Certificate'' in its place;
f. Removing from Alternate II the clause date ``(OCT 2011)'' and
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy
American Act--Free Trade Agreements--Balance of Payments Program
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance
of Payments Program Certificate'' in its place; and
g. Removing from ALTERNATE III the clause date ``(OCT 2011)'' and
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy
American Act--Free Trade Agreements--Balance of Payments Program
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance
of Payments Program Certificate'' in its place.
The revisions read as follows:
252.225-7036 Buy American--Free Trade Agreements--Balance of Payments
Program.
* * * * *
BUY AMERICAN--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM (DATE)
* * * * *
252.225-7044 [Amended]
46. Section 252.225-7044 is amended by removing the clause date
``(DEC 2010)'' and adding ``(DATE)'' in its place and removing from
paragraph (2) of the definition ``Commercially available off-the-shelf
(COTS) item'' ``in section 3 of the Shipping Act of 1984 (46 U.S.C.
40102'' and adding ``46 U.S.C. 40102(4)'' in its place.
47. Section 252.227-7037 is amended by removing the clause date
``(SEP 2011)'' and adding ``(DATE)'' in its place, removing from
paragraph (e)(3) ``the Contract Disputes Act of 1978 (41 U.S.C. 7101)''
and adding ``41 U.S.C. 7101, Contract Disputes'' in its place, and
removing from paragraph (g)(2)(iv) ``Contract Disputes Act'' and adding
``Contract Disputes statute'' in its place.
252.227-7038 [Amended]
48. Section 252.227-7038 is amended by removing the clause date
``(DEC 2007)'' and adding ``(DATE)'' in its place and removing from
paragraph (l)(2)(ii) ``Contract Disputes Act'' and adding ``Contract
Disputes statute'' in its place.
252.244-7001 [Amended]
49. Section 252.244-7001 is amended by removing the clause date
``(MAY 2011)'' and adding ``(DATE)'' in its place and removing from
paragraph (c)(17) ``the Anti-Kickback Act'' and adding ``41 U.S.C.
chapter 87, Kickbacks'' in its place.
APPENDIX I TO CHAPTER 2--POLICY AND PROCEDURES FOR THE DOD PILOT
MENTOR-PROTEGE PROGRAM
50. Section I-101.4 is revised to read as follows:
I-101.4 Severely disabled individual.
An individual who has a physical or mental disability which
constitutes a substantial handicap to employment and which, in
accordance with criteria prescribed by the Committee for Purchase
from People Who Are Blind or Severely Disabled established by the
first section of the Act of June 25, 1938 (41 U.S.C. 8502), is of
such a nature that the individual is otherwise prevented from
engaging in normal competitive employment.
[FR Doc. 2011-32398 Filed 12-19-11; 8:45 am]
BILLING CODE 5001-06-P
