Defense Federal Acquisition Regulation Supplement: Commercial Determination Approval (DFARS Case 2011-D041), 14480-14481 [2012-5761]

Download as PDF 14480 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Rules and Regulations of an applicant, and allow agencies to set time limits at the request of other interested parties.77 It is entirely consistent with the purposes and goals of NEPA and with the CEQ Regulations for agencies to consider the same factors and determine appropriate time limits for the various phases of the EA process when requested by applicants, Tribes, States, local agencies, or members of the public. Conclusion This guidance highlights for agencies preparing either an EA or an EIS the ability to employ all the methods provided in the CEQ regulations to prepare concise and timely NEPA reviews. Using methods such as integrating planning and environmental reviews and permitting, coordinating multi-agency or multi-governmental reviews and approvals, and setting schedules for completing the environmental review will assist agencies in preparing efficient and timely EAs and EISs consistent with legal precedent and agency NEPA experience and practice. Nancy H. Sutley, Chair, Council on Environmental Quality. [FR Doc. 2012–5812 Filed 3–9–12; 8:45 am] BILLING CODE 3225–F2–P 12 procedures but which do not meet the definition of commercial item. DATES: March 12, 2012. FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 703–602–0289. SUPPLEMENTARY INFORMATION: I. Background DoD is revising the Defense Federal Acquisition Regulation Supplement (DFARS) to implement a recommendation made by the Panel on Contracting Integrity and included in its 2009 Report to Congress concerning compliance with the DFARS documentation requirements for commercial item determinations. The Panel on Contracting Integrity working group concluded, after reviewing a sampling of commercial contract awards, that contracting officer determinations are not always sufficiently documented in accordance with DFARS 212.102. DoD is issuing a final rule because this rule does not have a significant effect beyond the internal operating procedures of DoD and does not have a significant cost or administrative impact on contractors or offerors. This rule addresses DoD’s internal approval process for contracting officer determinations made pursuant to DFARS part 12 for actions in excess of $1 million. DEPARTMENT OF DEFENSE II. Discussion and Analysis Defense Acquisition Regulations System The DFARS changes are as follows: • DFARS 212.102(a)(i) is revised to add ‘‘except for acquisitions made pursuant to Federal Acquisition Regulation (FAR) 12.102(f)(1).’’ This language clarifies that no additional contracting officer determination is required for acquisitions made pursuant to FAR 12.102(f)(1). • DFARS 212.102(a)(i)(A) is revised to add ‘‘or meets the criteria at FAR 12.102(g)(1).’’ This language addresses the inconsistency between the existing DFARS language at 212.102(a)(i)(A) that all FAR part 12 acquisitions exceeding $1 million must meet the commercial item definition, and the exception at FAR 12.102(g)(1) that allows for the use of part 12 procedures for services that do not meet the definition of commercial item in FAR 2.101, as long as it meets specific criteria listed in FAR 12.102(g)(1). The change clarifies that the contracting officer must determine that an acquisition exceeding $1 million and using part 12 procedures either meets the commercial item definition in part FAR 2.101 or the criteria set out at FAR 12.102(g)(1). • Adds DFARS 212.102(a)(i)(C) to require approval at one level above the 48 CFR Part 212 RIN 0750–AH61 Defense Federal Acquisition Regulation Supplement: Commercial Determination Approval (DFARS Case 2011–D041) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement to require higher-level approval for commercial item determinations for acquisitions exceeding $1 million when the determination is based on ‘‘of a type’’ or ‘‘offered for sale’’ language contained in the definition of commercial item. The rule also clarifies approval requirements for determinations for acquisitions of services exceeding $1 million using part pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: 77 40 CFR 1501.8(b), (c). VerDate Mar<15>2010 11:45 Mar 09, 2012 Jkt 226001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 contracting officer when the commercial item determination relies on subsections (1)(ii), (3), (4), or (6) of the ‘‘commercial item’’ definition at FAR 2.101. The higher-level approval is required for commercial item determinations for actions that exceed $1 million that are based on ‘‘of a type’’ commercial procurements or items ‘‘offered for sale’’ but not yet sold to the general public. 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 a significant regulatory action and, therefore, was subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant DFARS revision as defined within the meaning at FAR 1.501–1, and 41 U.S.C. 1707 does not require publication for comment. V. Paperwork Reduction Act The proposed rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subjects in 48 CFR Part 212 Government procurement. Mary Overstreet, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 212 is amended as follows: ■ 1. The authority citation for 48 CFR part 212 is revised to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 212—ACQUISITION OF COMMERCIAL ITEMS 2. Revise section 212.102 to read as follows: ■ E:\FR\FM\12MRR1.SGM 12MRR1 Federal Register / Vol. 77, No. 48 / Monday, March 12, 2012 / Rules and Regulations 212.102 Applicability. (a)(i) When using FAR part 12 procedures for acquisitions exceeding $1 million in value, except for acquisitions made pursuant to FAR 12.102(f)(1), the contracting officer shall— (A) Determine in writing that the acquisition meets the commercial item definition in FAR 2.101 or meets the criteria at FAR 12.102(g)(1); (B) Include the written determination in the contract file; and (C) Obtain approval at one level above the contracting officer when a commercial item determination relies on subsections (1)(ii), (3), (4), or (6) of the ‘‘commercial item’’ definition at FAR 2.101. [FR Doc. 2012–5761 Filed 3–9–12; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 111220786–1781–01] RIN 0648–XB026 Fisheries of the Northeastern United States; Summer Flounder Fishery; Quota Transfer National Marine Fisheries Service (NMFS), National Oceanic and pmangrum on DSK3VPTVN1PROD with RULES AGENCY: VerDate Mar<15>2010 11:45 Mar 09, 2012 Jkt 226001 Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; quota transfer. NMFS announces that the State of North Carolina is transferring a portion of its 2012 commercial summer flounder quota to the Commonwealth of Virginia. By this action, NMFS adjusts the quotas and announces the revised commercial quota for each state involved. SUMMARY: Effective March 7, 2012, through December 31, 2012. FOR FURTHER INFORMATION CONTACT: Carly Bari, Fishery Management Specialist, 978–281–9224. SUPPLEMENTARY INFORMATION: Regulations governing the summer flounder fishery are found at 50 CFR part 648. The regulations require annual specification of a commercial quota that is apportioned among the coastal states from North Carolina through Maine. The process to set the annual commercial quota and the percent allocated to each state are described in § 648.100. The final rule implementing Amendment 5 to the Summer Flounder, Scup, and Black Sea Bass Fishery Management Plan, which was published on December 17, 1993 (58 FR 65936), provided a mechanism for summer flounder quota to be transferred from one state to another. Two or more states, under mutual agreement and with the concurrence of the Administrator, Northeast Region, NMFS (Regional Administrator), can transfer or combine DATES: PO 00000 Frm 00011 Fmt 4700 Sfmt 9990 14481 summer flounder commercial quota under § 648.102(c)(2). The Regional Administrator is required to consider the criteria in § 648.102(c)(2)(i) to evaluate requests for quota transfers or combinations. North Carolina has agreed to transfer 879,118 lb (398,761 kg) of its 2012 commercial quota to Virginia. This transfer was prompted by summer flounder landings of a number of North Carolina vessels that were granted safe harbor in Virginia due to hazardous shoaling in Oregon Inlet, North Carolina, between January 1, 2012, and January 31, 2012, thereby requiring a quota transfer to account for an increase in Virginia’s landings that would have otherwise accrued against the North Carolina quota. The Regional Administrator has determined that the criteria set forth in § 648.102(c)(2)(i) have been met. The revised summer flounder quotas for calendar year 2012 are: North Carolina, 2,614,661 lb (1,185,990 kg); and Virginia, 3,592,683 lb (1,629,614 kg). Classification This action is taken under 50 CFR part 648 and is exempt from review under Executive Order 12866. Authority: 16 U.S.C. 1801 et seq. Dated: March 7, 2012. Carrie Selberg, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2012–5921 Filed 3–7–12; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\12MRR1.SGM 12MRR1

Agencies

[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Rules and Regulations]
[Pages 14480-14481]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-5761]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AH61


Defense Federal Acquisition Regulation Supplement: Commercial 
Determination Approval (DFARS Case 2011-D041)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement to require higher-level approval for 
commercial item determinations for acquisitions exceeding $1 million 
when the determination is based on ``of a type'' or ``offered for 
sale'' language contained in the definition of commercial item. The 
rule also clarifies approval requirements for determinations for 
acquisitions of services exceeding $1 million using part 12 procedures 
but which do not meet the definition of commercial item.

DATES: March 12, 2012.

FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 703-602-
0289.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is revising the Defense Federal Acquisition Regulation 
Supplement (DFARS) to implement a recommendation made by the Panel on 
Contracting Integrity and included in its 2009 Report to Congress 
concerning compliance with the DFARS documentation requirements for 
commercial item determinations. The Panel on Contracting Integrity 
working group concluded, after reviewing a sampling of commercial 
contract awards, that contracting officer determinations are not always 
sufficiently documented in accordance with DFARS 212.102.
    DoD is issuing a final rule because this rule does not have a 
significant effect beyond the internal operating procedures of DoD and 
does not have a significant cost or administrative impact on 
contractors or offerors. This rule addresses DoD's internal approval 
process for contracting officer determinations made pursuant to DFARS 
part 12 for actions in excess of $1 million.

II. Discussion and Analysis

    The DFARS changes are as follows:
     DFARS 212.102(a)(i) is revised to add ``except for 
acquisitions made pursuant to Federal Acquisition Regulation (FAR) 
12.102(f)(1).'' This language clarifies that no additional contracting 
officer determination is required for acquisitions made pursuant to FAR 
12.102(f)(1).
     DFARS 212.102(a)(i)(A) is revised to add ``or meets the 
criteria at FAR 12.102(g)(1).'' This language addresses the 
inconsistency between the existing DFARS language at 212.102(a)(i)(A) 
that all FAR part 12 acquisitions exceeding $1 million must meet the 
commercial item definition, and the exception at FAR 12.102(g)(1) that 
allows for the use of part 12 procedures for services that do not meet 
the definition of commercial item in FAR 2.101, as long as it meets 
specific criteria listed in FAR 12.102(g)(1). The change clarifies that 
the contracting officer must determine that an acquisition exceeding $1 
million and using part 12 procedures either meets the commercial item 
definition in part FAR 2.101 or the criteria set out at FAR 
12.102(g)(1).
     Adds DFARS 212.102(a)(i)(C) to require approval at one 
level above the contracting officer when the commercial item 
determination relies on subsections (1)(ii), (3), (4), or (6) of the 
``commercial item'' definition at FAR 2.101. The higher-level approval 
is required for commercial item determinations for actions that exceed 
$1 million that are based on ``of a type'' commercial procurements or 
items ``offered for sale'' but not yet sold to the general public.

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 a significant regulatory action and, therefore, was subject to 
review under section 6(b) of E.O. 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision as 
defined within the meaning at FAR 1.501-1, and 41 U.S.C. 1707 does not 
require publication for comment.

V. Paperwork Reduction Act

    The proposed rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 212

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 212 is amended as follows:

0
1. The authority citation for 48 CFR part 212 is revised to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. Revise section 212.102 to read as follows:

[[Page 14481]]

212.102  Applicability.

    (a)(i) When using FAR part 12 procedures for acquisitions exceeding 
$1 million in value, except for acquisitions made pursuant to FAR 
12.102(f)(1), the contracting officer shall--
    (A) Determine in writing that the acquisition meets the commercial 
item definition in FAR 2.101 or meets the criteria at FAR 12.102(g)(1);
    (B) Include the written determination in the contract file; and
    (C) Obtain approval at one level above the contracting officer when 
a commercial item determination relies on subsections (1)(ii), (3), 
(4), or (6) of the ``commercial item'' definition at FAR 2.101.

[FR Doc. 2012-5761 Filed 3-9-12; 8:45 am]
BILLING CODE 5001-06-P

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