Defense Federal Acquisition Regulation Supplement: Order of Application for Modifications, 2679-2680 [2012-969]
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Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules
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Send or deliver information identified
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Planning and Standards, Mail Code
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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
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• Identify the rulemaking by docket
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Dated: January 12, 2012.
Mary E. Henigin,
Acting Director, Office of Air Quality Planning
and Standards.
[FR Doc. 2012–957 Filed 1–18–12; 8:45 am]
EMCDONALD on DSK29S0YB1PROD with PROPOSALS
BILLING CODE 6560–50–P
VerDate Mar<15>2010
14:58 Jan 18, 2012
Jkt 226001
SUPPLEMENTARY INFORMATION:
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 204
[DFARS Case 2012–D002]
RIN 0750–AH56
Defense Federal Acquisition
Regulation Supplement: Order of
Application for Modifications
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement to establish an
order for application of contract
modifications to resolve any potential
conflicts that may arise from multiple
modifications with the same effective
date.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
March 19, 2012, to be considered in the
formation of the final rule.
ADDRESSES: Submit comments
identified by DFARS case 2012–D002,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘DFARS Case 2012–D002’’
under the heading ‘‘Enter keyword or
ID’’ and selecting ‘‘Search.’’ Select the
link ‘‘Submit a Comment’’ that
corresponds with ‘‘DFARS Case 2012–
D002.’’ Follow the instructions provided
at the ‘‘Submit a Comment’’ screen.
Please include your name, company
name (if any), and ‘‘DFARS Case 2012–
D002’’ on your attached document.
Æ Email: dfars@osd.mil. Include
DFARS Case 2012–D002 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Julian
Thrash, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check www.regulations.gov,
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr.
Julian Thrash, (703) 602–0310.
SUMMARY:
PO 00000
Frm 00022
Fmt 4702
Sfmt 4702
2679
I. Background
The Defense Federal Acquisition
Regulation Supplement (DFARS)
subpart 204.70, Uniform Procurement
Instrument Identification Numbers,
prescribes numbering procedures for
contract modifications and the Federal
Acquisition Regulation (FAR) part 43.1,
General, prescribes rules for
determining the effective date. There are
no rules to describe in what order to
apply modifications to determine the
actual content of a resulting modified
contract. In order to determine the
sequence of modifications to a contract
or order, a method for determining the
order of application for modifications is
needed to resolve any conflict arising
from multiple modifications with the
same effective date. As such, this rule
proposes to add DFARS text at
204.7007, Order of Application for
Modifications, to resolve any potential
inconsistency.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
impact on a substantial number of small
entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., because this rule only affects the
internal operating processes of DoD by
clarifying an order of application for
contract modifications, and it does not
have an economic impact on
contractors. However, an initial
regulatory flexibility analysis has been
performed and is summarized as
follows:
The objective for this case is to
provide a set of rules to the contracting
officer to resolve any potential conflict
from multiple modifications with the
same effective date. The changes
E:\FR\FM\19JAP1.SGM
19JAP1
2680
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules
required to the DFARS by this case only
affect the internal operating processes of
DoD by establishing an order of
application for contract modifications.
These changes are not expected to have
a significant economic impact on
contractors.
This rule does not impose any new
reporting or recordkeeping
requirements.
The rule does not duplicate, overlap,
or conflict with any other Federal rules.
The alternative to this rule is to
continue relying on DFARS subpart
204.70, which prescribes numbering
procedures for contract modifications,
and FAR subpart 43.1, which provides
guidelines for determining the effective
date. However, the cited text does not
provide a clear structured path to ensure
no ambiguity arises when determining
what order to apply modifications.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2012–D002) in
the correspondence.
IV. Paperwork Reduction Act
This 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).
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 204 is
proposed to be amended as follows:
1. The authority citation for 48 CFR
part 204 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
EMCDONALD on DSK29S0YB1PROD with PROPOSALS
PART 204—ADMINISTRATIVE
MATTERS
2. Add section 204.7007 to read as
follows:
204.7007 Order of application for
modifications.
(a) Circumstances may exist in which
the numeric order of the modifications
to a contract is not the order in which
the changes to the contract actually take
effect.
17:01 Jan 18, 2012
Jkt 226001
[FR Doc. 2012–969 Filed 1–18–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 215, 217, 219, 225,
239, 241, 242, 244, and 252
[DFARS Case 2011–D040]
RIN 0750–AH49
Defense Federal Acquisition
Regulation Supplement; Definition of
Cost or Pricing Data
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule.
AGENCY:
DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text addressing the definition of
cost or pricing data. The DFARS
changes are necessary to ensure
consistency with the Federal
Acquisition Regulation (FAR).
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
March 19, 2012, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2011–D040,
using any of the following methods:
Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by Inserting
‘‘DFARS Case 2011–D040’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D040.’’ Follow
the instructions provided at the ‘‘Submit
SUMMARY:
List of Subjects in 48 CFR Part 204
VerDate Mar<15>2010
(b) In order to determine the sequence
of modifications to a contract or order,
the modifications will be applied in the
following order:
(1) Modifications will be applied in
order of the effective date on the
modification.
(2) In the event of two or more
modifications with the same effective
date, modifications will be applied in
signature date order.
(3) In the event of two or more
modifications with the same effective
date and the same signature date,
procuring contracting office
modifications will be applied in
numeric order, followed by contract
administration office modifications in
numeric order.
PO 00000
Frm 00023
Fmt 4702
Sfmt 4702
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D040’’ on your
attached document. Follow the
instructions for submitting comments.
Email: dfars@osd.mil. Include DFARS
Case 2011–D040 in the subject line of
the message.
Fax: (703) 602–0350.
Mail: Defense Acquisition Regulations
System, Attn: Mr. Mark Gomersall,
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: Mr.
Mark Gomersall, (703) 602–0302.
SUPPLEMENTARY INFORMATION:
I. Background
This rule proposes to update the
DFARS for consistency with FAR
changes addressing the definition of
cost or pricing data, published at 75 FR
53135 on August 30, 2010.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
III. Regulatory Flexibility Act
This rule proposes to update the
Defense Federal Acquisition Regulation
Supplement (DFARS) for consistency
with Federal Acquisition Regulation
(FAR) changes addressing the definition
of cost or pricing data, published at 75
FR 53135 on August 30, 2010. DoD does
not expect this proposed rule to have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
E:\FR\FM\19JAP1.SGM
19JAP1
]]>Agencies
[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Proposed Rules]
[Pages 2679-2680]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-969]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 204
[DFARS Case 2012-D002]
RIN 0750-AH56
Defense Federal Acquisition Regulation Supplement: Order of
Application for Modifications
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement to establish an order for application of contract
modifications to resolve any potential conflicts that may arise from
multiple modifications with the same effective date.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before March 19, 2012, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments identified by DFARS case 2012-D002, using
any of the following methods:
[cir] Regulations.gov: https://www.regulations.gov. Submit comments
via the Federal eRulemaking portal by inputting ``DFARS Case 2012-
D002'' under the heading ``Enter keyword or ID'' and selecting
``Search.'' Select the link ``Submit a Comment'' that corresponds with
``DFARS Case 2012-D002.'' Follow the instructions provided at the
``Submit a Comment'' screen. Please include your name, company name (if
any), and ``DFARS Case 2012-D002'' on your attached document.
[cir] Email: dfars@osd.mil. Include DFARS Case 2012-D002 in the
subject line of the message.
[cir] Fax: (703) 602-0350.
[cir] Mail: Defense Acquisition Regulations System, Attn: Mr.
Julian Thrash, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to https://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Mr. Julian Thrash, (703) 602-0310.
SUPPLEMENTARY INFORMATION:
I. Background
The Defense Federal Acquisition Regulation Supplement (DFARS)
subpart 204.70, Uniform Procurement Instrument Identification Numbers,
prescribes numbering procedures for contract modifications and the
Federal Acquisition Regulation (FAR) part 43.1, General, prescribes
rules for determining the effective date. There are no rules to
describe in what order to apply modifications to determine the actual
content of a resulting modified contract. In order to determine the
sequence of modifications to a contract or order, a method for
determining the order of application for modifications is needed to
resolve any conflict arising from multiple modifications with the same
effective date. As such, this rule proposes to add DFARS text at
204.7007, Order of Application for Modifications, to resolve any
potential inconsistency.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule only affects the internal operating processes of DoD
by clarifying an order of application for contract modifications, and
it does not have an economic impact on contractors. However, an initial
regulatory flexibility analysis has been performed and is summarized as
follows:
The objective for this case is to provide a set of rules to the
contracting officer to resolve any potential conflict from multiple
modifications with the same effective date. The changes
[[Page 2680]]
required to the DFARS by this case only affect the internal operating
processes of DoD by establishing an order of application for contract
modifications. These changes are not expected to have a significant
economic impact on contractors.
This rule does not impose any new reporting or recordkeeping
requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. The alternative to this rule is to continue relying on
DFARS subpart 204.70, which prescribes numbering procedures for
contract modifications, and FAR subpart 43.1, which provides guidelines
for determining the effective date. However, the cited text does not
provide a clear structured path to ensure no ambiguity arises when
determining what order to apply modifications.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D002) in the
correspondence.
IV. Paperwork Reduction Act
This 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 Part 204
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 204 is proposed to be amended as follows:
1. The authority citation for 48 CFR part 204 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
2. Add section 204.7007 to read as follows:
204.7007 Order of application for modifications.
(a) Circumstances may exist in which the numeric order of the
modifications to a contract is not the order in which the changes to
the contract actually take effect.
(b) In order to determine the sequence of modifications to a
contract or order, the modifications will be applied in the following
order:
(1) Modifications will be applied in order of the effective date on
the modification.
(2) In the event of two or more modifications with the same
effective date, modifications will be applied in signature date order.
(3) In the event of two or more modifications with the same
effective date and the same signature date, procuring contracting
office modifications will be applied in numeric order, followed by
contract administration office modifications in numeric order.
[FR Doc. 2012-969 Filed 1-18-12; 8:45 am]
BILLING CODE 5001-06-P
