Defense Federal Acquisition Regulation Supplement; Definition of Cost or Pricing Data, 2680-2682 [2012-971]
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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.
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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
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule merely aligns the
DFARS with the FAR. However, an
initial regulatory flexibility analysis has
been performed consistent with 5 U.S.C.
603. A copy of the analysis may be
obtained from the point of contact
specified herein.
The rule does not expand or diminish
the existing rights of the contracting
officer to obtain cost data or pricing
data. Instead, this rule will benefit all
entities, both large and small, by
clarifying the requirements for the
submission of ‘‘certified cost or pricing
data’’ and ‘‘data other than certified cost
or pricing data.’’
There are no projected reporting or
recordkeeping requirements associated
with this rule. The rule does not
duplicate, overlap, or conflict with any
other Federal rules. No known
significant alternatives to the rule have
been identified.
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 2011–D040) in
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 204,
215, 217, 219, 225, 239, 241, 242, 244,
and 252
EMCDONALD on DSK29S0YB1PROD with PROPOSALS
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
204.805
[Amended]
2. Section 204.805 is amended in
paragraph (5) by removing ‘‘subject to
VerDate Mar<15>2010
14:58 Jan 18, 2012
Jkt 226001
3. Section 215.403 is amended by
revising the section heading to read as
follows:
215.403
data.
Obtaining certified cost or pricing
215.403–1
[Amended]
4. Section 215.403–1 is amended by—
a. Revising the section heading to read
as set forth below;
b. In paragraph (b) and the heading of
paragraph (c) removing ‘‘cost or pricing
data requirements’’ and adding
‘‘certified cost or pricing data
requirements’’ in its place;
c. In paragraph (c)(4)(C) and the
introductory text of paragraph (c)(4)(D)
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place;
d. In paragraph (c)(4)(D)(1) removing
‘‘information other than cost or pricing
data’’ and adding ‘‘data other than
certified cost or pricing data’’ in its
place; and
e. In paragraph (c)(4)(D)(2) removing
‘‘Cost or pricing data’’ and adding
‘‘Certified cost or pricing data’’ in its
place and removing ‘‘cost or pricing
data threshold’’ and adding ‘‘certified
cost or pricing data threshold’’ in its
place.
The revision reads as follows:
215.403–1 Prohibition on obtaining
certified cost or pricing data (10 U.S.C.
2306A and 41 U.S.C. 3503.
*
*
*
*
*
5. Section 215.403–3 is amended by
revising the section heading to read as
follows:
*
Therefore, DoD proposes to amend 48
CFR parts 204, 215, 217, 219, 225, 239,
241, 242, 244, and 252 as follows:
1. The authority citation for 48 CFR
parts 204, 215, 217, 219, 225, 239, 241,
242, 244, and 252 is revised to read as
follows:
PART 204—ADMINISTRATIVE
MATTERS
PART 215—CONTRACTING BY
NEGOTIATION
215.403–3 Requiring data other than
certified cost or pricing data.
Government procurement.
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
cost or pricing data’’ and adding
‘‘subject to certified cost or pricing
data’’ in its place.
*
*
*
*
6. Section 215.404–2 is amended by
revising the section heading to read as
follows:
215.404–2
analysis.
Data to support proposal
*
*
*
215.404–4
*
*
[Amended]
7. Section 215.404–4 is amended by—
a. In the introductory text of
paragraph (b)(1) removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place;
b. At the end of paragraph (c)(2)(A)
removing ‘‘.’’ and adding ‘‘; and’’ in its
place;
c. In paragraph (c)(2)(C)(1)(i)
removing ‘‘cost or pricing data
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Fmt 4702
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2681
threshold’’ and adding ‘‘certified cost or
pricing data threshold’’ in its place;
d. At the end of paragraph (c)(2)(C)(2)
removing ‘‘.’’ and adding ‘‘;’’ in its
place; and
e. At the end of paragraph (c)(2)(D)
removing ‘‘.’’ and adding ‘‘; and’’ in its
place.
215.407–5–70
[Amended]
8. Section 215.407–5–70 is amended
in paragraphs (b)(2)(i) and (ii) by
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place.
215.408
[Amended]
9. Section 215.408 is amended in
paragraphs (1)(i) through (iii) by
removing ‘‘Cost or Pricing Data’’ and
adding ‘‘Certified Cost or Pricing Data’’
in its place and in paragraph (2) by
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place.
PART 217—SPECIAL CONTRACTING
METHODS
217.7406
[Amended]
10. Section 217.7406 is amended in
paragraph (b)(3) by removing ‘‘of cost or
pricing data’’ and adding ‘‘of certified
cost or pricing data’’ in its place and
removing ‘‘and cost or pricing data’’ and
adding ‘‘and certified cost or pricing
data’’ in its place.
PART 219—SMALL BUSINESS
PROGRAMS
219.806
[Amended]
11. Section 219.806 is amended in
paragraph (1) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and
removing ‘‘FAR Subpart 15.4’’ and
adding ‘‘FAR subpart 15.4’’ in its place.
PART 225—FOREIGN ACQUISITION
225.7303
[Amended]
12. Section 225.7303 is amended in
paragraph (b) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
225.7304
[Amended]
13. Section 225.7304 is amended in
paragraph (c) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and in
paragraph (e)(3) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and
removing ‘‘Subpart 201.4’’ and adding
‘‘subpart 201.4’’ in its place.
E:\FR\FM\19JAP1.SGM
19JAP1
2682
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules
252.215–7000
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
[Amended]
DEPARTMENT OF DEFENSE
14. Section 239.7406 is amended by
revising the section heading to read as
set forth below and in paragraph (a)
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place.
239.7406 Certified cost or pricing data and
data other than certified cost or pricing
data.
21. Section 252.215–7000 is amended
by removing the clause date ‘‘(DEC
1991)’’ and adding ‘‘(DATE)’’ in its
place and removing ‘‘Cost or Pricing
Data—Modifications’’ and adding
‘‘Certified Cost or Pricing Data—
Modifications’’ in its place wherever it
appears.
252.215–7002
*
*
*
*
*
PART 241—ACQUISITION OF UTILITY
SERVICES
241.201
[Amended]
15. Section 241.201 is amended in
paragraph (3)(ii) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and
removing ‘‘FAR Subpart 15.4’’ and
adding ‘‘FAR subpart 15.4’’ in its place.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.7203
[Amended]
16. Section 242.7203 is amended in
paragraph (b) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
242.7302
[Amended]
17. Section 242.7302 is amended in
paragraph (a)(2) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
242.7502
[Amended]
18. Section 242.7502 is amended in
paragraph (g)(3)(ii) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
PART 244—SUBCONTRACTING
POLICIES AND PROCEDURES
244.305–70
[Amended]
19. Section 244.305–70 is amended in
paragraph (f)(3)(ii) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
EMCDONALD on DSK29S0YB1PROD with PROPOSALS
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.209–7009
[Amended]
22. Section 252.215–7002 is amended
by—
a. Removing the clause date ‘‘(MAY
2011)’’ and adding ‘‘(DATE)’’ in its
place;
b. In paragraph (c)(1) removing
‘‘subcontracts,’’ and adding
‘‘subcontracts’’ in its place and
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place; and
c. In paragraph (c)(2)(i) removing
‘‘cost or pricing data’’ and adding
‘‘certified cost or pricing data’’ in its
place.
252.217–7027
[Amended]
23. Section 252.217–7027 is amended
by removing the clause date ‘‘(OCT
1998)’’ and adding ‘‘(DATE)’’ in its
place, in paragraph (a) removing ‘‘cost
or pricing data’’ and adding ‘‘certified
cost or pricing data’’ in its place, and in
paragraph (b) removing ‘‘cost or pricing
data’’ and adding ‘‘certified cost or
pricing data’’ in its place.
252.243–7002
[Amended]
24. Section 252.243–7002 is amended
by removing the clause date ‘‘(MAR
1998)’’ and adding ‘‘(DATE)’’ in its
place, in paragraph (c)(1) removing
‘‘Cost or pricing data’’ and adding
‘‘Certified cost or pricing data,’’ in its
place, and in paragraph (c)(2) removing
‘‘Information other than cost or pricing
data’’ and adding ‘‘Data other than
certified cost or pricing data’’ in its
place and removing ‘‘cost or pricing
data’’ and adding ‘‘certified cost or
pricing data’’ in its place.
[FR Doc. 2012–971 Filed 1–18–12; 8:45 am]
BILLING CODE 5001–06–P
[Amended]
20. Section 252.209–7009 is amended
by removing the clause date ‘‘(DEC
2010)’’ and adding ‘‘(DATE)’’ in its
place, redesignating paragraphs (a)(1)
and (2) as (a)(i) and (ii), and in newly
designated paragraph (a)(i) removing
‘‘cost or pricing data’’ and adding
‘‘certified cost or pricing data’’ in its
place.
VerDate Mar<15>2010
14:58 Jan 18, 2012
Jkt 226001
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Defense Acquisition Regulations
System
48 CFR Part 242
[DFARS Case 2011–D054]
RIN 0750–AH52
Defense Federal Acquisition
Regulation Supplement; DoD Voucher
Processing
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 DoD’s voucher processing
procedures and better accommodate the
use of Wide Area WorkFlow to process
vouchers.
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–D054,
using any of the following methods:
Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inserting
‘‘DFARS Case 2011–D054’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D054.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D054’’ on your
attached document. Follow the
instructions for submitting comments.
Email: dfars@osd.mil. Include DFARS
Case 2011–D054 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).
SUMMARY:
E:\FR\FM\19JAP1.SGM
19JAP1
]]>Agencies
[Federal Register Volume 77, Number 12 (Thursday, January 19, 2012)]
[Proposed Rules]
[Pages 2680-2682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-971]
-----------------------------------------------------------------------
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
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: 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 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
[[Page 2681]]
Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely aligns
the DFARS with the FAR. However, an initial regulatory flexibility
analysis has been performed consistent with 5 U.S.C. 603. A copy of the
analysis may be obtained from the point of contact specified herein.
The rule does not expand or diminish the existing rights of the
contracting officer to obtain cost data or pricing data. Instead, this
rule will benefit all entities, both large and small, by clarifying the
requirements for the submission of ``certified cost or pricing data''
and ``data other than certified cost or pricing data.''
There are no projected reporting or recordkeeping requirements
associated with this rule. The rule does not duplicate, overlap, or
conflict with any other Federal rules. No known significant
alternatives to the rule have been identified.
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 2011-D040) in
correspondence.
IV. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 204, 215, 217, 219, 225, 239, 241,
242, 244, and 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 204, 215, 217, 219,
225, 239, 241, 242, 244, and 252 as follows:
1. The authority citation for 48 CFR parts 204, 215, 217, 219, 225,
239, 241, 242, 244, and 252 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 204--ADMINISTRATIVE MATTERS
204.805 [Amended]
2. Section 204.805 is amended in paragraph (5) by removing
``subject to cost or pricing data'' and adding ``subject to certified
cost or pricing data'' in its place.
PART 215--CONTRACTING BY NEGOTIATION
3. Section 215.403 is amended by revising the section heading to
read as follows:
215.403 Obtaining certified cost or pricing data.
215.403-1 [Amended]
4. Section 215.403-1 is amended by--
a. Revising the section heading to read as set forth below;
b. In paragraph (b) and the heading of paragraph (c) removing
``cost or pricing data requirements'' and adding ``certified cost or
pricing data requirements'' in its place;
c. In paragraph (c)(4)(C) and the introductory text of paragraph
(c)(4)(D) removing ``cost or pricing data'' and adding ``certified cost
or pricing data'' in its place;
d. In paragraph (c)(4)(D)(1) removing ``information other than cost
or pricing data'' and adding ``data other than certified cost or
pricing data'' in its place; and
e. In paragraph (c)(4)(D)(2) removing ``Cost or pricing data'' and
adding ``Certified cost or pricing data'' in its place and removing
``cost or pricing data threshold'' and adding ``certified cost or
pricing data threshold'' in its place.
The revision reads as follows:
215.403-1 Prohibition on obtaining certified cost or pricing data (10
U.S.C. 2306A and 41 U.S.C. 3503.
* * * * *
5. Section 215.403-3 is amended by revising the section heading to
read as follows:
215.403-3 Requiring data other than certified cost or pricing data.
* * * * *
6. Section 215.404-2 is amended by revising the section heading to
read as follows:
215.404-2 Data to support proposal analysis.
* * * * *
215.404-4 [Amended]
7. Section 215.404-4 is amended by--
a. In the introductory text of paragraph (b)(1) removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place;
b. At the end of paragraph (c)(2)(A) removing ``.'' and adding ``;
and'' in its place;
c. In paragraph (c)(2)(C)(1)(i) removing ``cost or pricing data
threshold'' and adding ``certified cost or pricing data threshold'' in
its place;
d. At the end of paragraph (c)(2)(C)(2) removing ``.'' and adding
``;'' in its place; and
e. At the end of paragraph (c)(2)(D) removing ``.'' and adding ``;
and'' in its place.
215.407-5-70 [Amended]
8. Section 215.407-5-70 is amended in paragraphs (b)(2)(i) and (ii)
by removing ``cost or pricing data'' and adding ``certified cost or
pricing data'' in its place.
215.408 [Amended]
9. Section 215.408 is amended in paragraphs (1)(i) through (iii) by
removing ``Cost or Pricing Data'' and adding ``Certified Cost or
Pricing Data'' in its place and in paragraph (2) by removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place.
PART 217--SPECIAL CONTRACTING METHODS
217.7406 [Amended]
10. Section 217.7406 is amended in paragraph (b)(3) by removing
``of cost or pricing data'' and adding ``of certified cost or pricing
data'' in its place and removing ``and cost or pricing data'' and
adding ``and certified cost or pricing data'' in its place.
PART 219--SMALL BUSINESS PROGRAMS
219.806 [Amended]
11. Section 219.806 is amended in paragraph (1) by removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place and removing ``FAR Subpart 15.4'' and adding ``FAR subpart 15.4''
in its place.
PART 225--FOREIGN ACQUISITION
225.7303 [Amended]
12. Section 225.7303 is amended in paragraph (b) by removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place.
225.7304 [Amended]
13. Section 225.7304 is amended in paragraph (c) by removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place and in paragraph (e)(3) by removing ``cost or pricing data'' and
adding ``certified cost or pricing data'' in its place and removing
``Subpart 201.4'' and adding ``subpart 201.4'' in its place.
[[Page 2682]]
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
14. Section 239.7406 is amended by revising the section heading to
read as set forth below and in paragraph (a) removing ``cost or pricing
data'' and adding ``certified cost or pricing data'' in its place.
239.7406 Certified cost or pricing data and data other than certified
cost or pricing data.
* * * * *
PART 241--ACQUISITION OF UTILITY SERVICES
241.201 [Amended]
15. Section 241.201 is amended in paragraph (3)(ii) by removing
``cost or pricing data'' and adding ``certified cost or pricing data''
in its place and removing ``FAR Subpart 15.4'' and adding ``FAR subpart
15.4'' in its place.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.7203 [Amended]
16. Section 242.7203 is amended in paragraph (b) by removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place.
242.7302 [Amended]
17. Section 242.7302 is amended in paragraph (a)(2) by removing
``cost or pricing data'' and adding ``certified cost or pricing data''
in its place.
242.7502 [Amended]
18. Section 242.7502 is amended in paragraph (g)(3)(ii) by removing
``cost or pricing data'' and adding ``certified cost or pricing data''
in its place.
PART 244--SUBCONTRACTING POLICIES AND PROCEDURES
244.305-70 [Amended]
19. Section 244.305-70 is amended in paragraph (f)(3)(ii) by
removing ``cost or pricing data'' and adding ``certified cost or
pricing data'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.209-7009 [Amended]
20. Section 252.209-7009 is amended by removing the clause date
``(DEC 2010)'' and adding ``(DATE)'' in its place, redesignating
paragraphs (a)(1) and (2) as (a)(i) and (ii), and in newly designated
paragraph (a)(i) removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place.
252.215-7000 [Amended]
21. Section 252.215-7000 is amended by removing the clause date
``(DEC 1991)'' and adding ``(DATE)'' in its place and removing ``Cost
or Pricing Data--Modifications'' and adding ``Certified Cost or Pricing
Data--Modifications'' in its place wherever it appears.
252.215-7002 [Amended]
22. Section 252.215-7002 is amended by--
a. Removing the clause date ``(MAY 2011)'' and adding ``(DATE)'' in
its place;
b. In paragraph (c)(1) removing ``subcontracts,'' and adding
``subcontracts'' in its place and removing ``cost or pricing data'' and
adding ``certified cost or pricing data'' in its place; and
c. In paragraph (c)(2)(i) removing ``cost or pricing data'' and
adding ``certified cost or pricing data'' in its place.
252.217-7027 [Amended]
23. Section 252.217-7027 is amended by removing the clause date
``(OCT 1998)'' and adding ``(DATE)'' in its place, in paragraph (a)
removing ``cost or pricing data'' and adding ``certified cost or
pricing data'' in its place, and in paragraph (b) removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place.
252.243-7002 [Amended]
24. Section 252.243-7002 is amended by removing the clause date
``(MAR 1998)'' and adding ``(DATE)'' in its place, in paragraph (c)(1)
removing ``Cost or pricing data'' and adding ``Certified cost or
pricing data,'' in its place, and in paragraph (c)(2) removing
``Information other than cost or pricing data'' and adding ``Data other
than certified cost or pricing data'' in its place and removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place.
[FR Doc. 2012-971 Filed 1-18-12; 8:45 am]
BILLING CODE 5001-06-P
