Defense Federal Acquisition Regulation Supplement; Technical Amendments, 23631-23632 [2012-9582]
Download as PDF
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
Federal Communications Commission.
Marlene H. Dortch,
Secretary, Office of the Secretary, Office of
Managing Director.
List of Subjects in 48 CFR Parts 202,
209, 212, 213, 216, 217, 242, 245, and
252
Government procurement.
[FR Doc. 2012–9586 Filed 4–19–12; 8:45 am]
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
BILLING CODE 6712–01–P
DEPARTMENT OF DEFENSE
Therefore, 48 CFR parts 202, 209, 212,
213, 216, 217, 242, 245, and 252 are
amended as follows:
■ 1. The authority citation for 48 CFR
parts 202, 213, 217, and 245 is revised
to read as follows:
Defense Acquisition Regulations
System
48 CFR Parts 202, 209, 212, 213, 216,
217, 242, 245, and 252
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
PART 202—DEFINITIONS OF WORDS
AND TERMS
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
202.101
Final rule.
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes and guidance to contracting
officers.
SUMMARY:
DATES:
Effective Date: April 20, 2012.
Ms.
Mary Overstreet, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6093; facsimile
571–372–6094.
FOR FURTHER INFORMATION CONTACT:
This final
rule amends the DFARS as follows:
1. Updates the definitions of
‘‘Contracting activity’’ at 202.101 and
‘‘Debarring and suspending official’’ at
209.403.
2. Adds to 212.301(f)(iv) the provision
252.203–7005, which is required in all
solicitation.
3. Reinstates a notification
requirement at 216.504(c)(1)(ii)(D) that
was inadvertently deleted in publication
of DFARS Case 2012–D020.
4. Directs contracting officers to
additional procedures and guidance by
adding a reference to the DFARS PGI at
242.302(a)(S–75).
5. Makes minor editorial corrections
to 213.301, 216.506(a), 217.7001,
217.7002(b), 217.7003(b), 242.202,
245.201–71, 252.203–7003, 252.212–
7001, and 252.223–7006.
6. Updates prescription references for
252.227–7037, 252.229–7013, 252.245–
7000, 252.245–7001, 252.245–7002,
252.245–7003, and 252.245–7004.
tkelley on DSK3SPTVN1PROD with RULES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
16:08 Apr 19, 2012
Jkt 226001
[Amended]
2. Section 202.101 ‘‘Contracting
activity’’ definition is amended—
■ a. In the Army list by adding ‘‘Deputy
Assistant Secretary of the Army
(Procurement)’’ in alphabetical order;
■ b. In the Army list by removing ‘‘Joint
Contracting Command—Iraq/
Afghanistan’’;
■ c. In the Army list by adding
‘‘USCENTCOM Joint Theater Support
Contracting Command (C–JTSCC)’’ in
alphabetical order; and
■ d. In the Air Force list by adding ‘‘Air
Force Global Strike Command’’ after
‘‘office of the Deputy Assistant Secretary
(Contracting)’’.
■
PART 209—CONTRACTOR
QUALIFICATIONS
3. The authority citation for 48 CFR
209 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
209.403
[Amended]
4. Section 209.403(1) is amended by
removing ‘‘Army—Commander, U.S.
Army Legal Services Agency’’ and
adding in its place ‘‘Director, Soldier &
Family Legal Services’’.
■
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
5. The authority citation for 48 CFR
212 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
6. Section 212.301 is amended by—
■ a. Redesignating paragraphs (f)(iv)(A)
through (M) as (f)(iv)(B) through (N);
and
■ b. Adding a new paragraph (f)(iv)(A)
to read as follows:
■
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) * * *
(iv) * * *
(A) Use the provision at 252.203–
7005, Representation Relating to
Compensation of Former DoD Officials,
as prescribed in 203.171–4(b).
*
*
*
*
*
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
7. Section 213.301(4) is revised to
read as follows:
■
213.301 Governmentwide commercial
purchase card.
*
*
*
*
*
(4) Guidance on DoD purchase, travel,
and fuel card programs is available in
the ‘‘Department of Defense Government
Charge Card Guidebook for Establishing
and Managing Purchase, Travel, and
Fuel Card Programs’’ at https://
www.acq.osd.mil/dpap/pdi/pc/policy/
_documents.html. Additional guidance
on the fuel card programs is available at
https://www.energy.dla.mil.
PART 216—TYPES OF CONTRACTS
8. The authority citation for 48 CFR
216 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
9. Section 216.504 is revised to read
as follows:
■
216.504
■
23631
Indefinite-quantity contracts.
(c)(1)(ii)(D) Limitation on singleaward contracts. (i) The authority to
make the determination authorized in
FAR 16.504(c)(1)(ii)(D)(1) shall not be
delegated below the level of the senior
procurement executive.
(ii) A copy of each determination
made in accordance with FAR
16.504(c)(1)(ii)(D) shall be submitted to
the Director, Defense Procurement and
Acquisition Policy, ATTN:
OUSD(AT&L)DPAP/CPIC, 3060 Defense
Pentagon, Washington, DC 20301–3060.
216.506
[Amended]
10. Section 216.506(a) is amended by
removing ‘‘52.216–18’’ and adding in its
place ‘‘FAR 52.216–18’’.
■
PART 217—SPECIAL CONTRACTING
METHODS
217.7001
[Amended]
11. Section 217.7001(b) is amended by
removing ‘‘Chapter 6.2’’ and adding in
its place ‘‘Chapter 9.5’’.
■
E:\FR\FM\20APR1.SGM
20APR1
23632
Federal Register / Vol. 77, No. 77 / Friday, April 20, 2012 / Rules and Regulations
217.7002
[Amended]
252.212–7001
12. Section 217.7002(b) is amended by
removing ‘‘Chapter 6.2’’ and adding in
its place ‘‘Chapter 9.5’’.
■
217.7003
[Amended]
13. Section 217.7003(a) is amended by
removing ‘‘Chapter 6.2’’ and adding in
its place ‘‘Chapter 9.5’’.
■
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
252.245–7003
252.223–7006
252.245–7004
14. The authority citation for 48 CFR
242 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
[Amended]
15. Section 242.202(e)(1)(A) is
amended by removing ‘‘https://
home.dcma.mil/casbook/casbook.htm’’
and adding in its place ‘‘https://
pubapp.dcma.mil/CASD/main.jsp’’.
■
[Amended]
21. Section 252.223–7006 is amended
by—
■ a. Removing from the clause heading
‘‘(APR 1993)’’ and adding in its place
‘‘(APR 2012)’’; and
■ b. Adding the parenthetical phrase
‘‘(End of clause)’’ at the end of the basic
clause, after paragraph (b) and before
‘‘Alternate I’’.
252.227–7037
[Amended]
16. Section 242.302 is amended by
adding paragraph S–75 to read as
follows:
242.302
252.229–7013
Contract administration functions.
*
*
*
*
*
(S–75) See PGI 242.302(a)(S–75) for
guidelines for monitoring contractor
costs.
*
*
*
*
*
17. Section 245.201–71 is revised to
read as follows:
■
[Amended]
24. Section 252.245–7000 is amended
by—
■ a. Removing from the introductory
text ‘‘245.107(a)’’ and adding in its place
‘‘245.107(1)’’; and
■ b. Removing from the clause heading
‘‘(DEC 1991)’’ and adding in its place
‘‘(APR 2012)’’.
■
See PGI 245.201–71 for procedures for
preparing Government-furnished
property attachments to solicitations
and awards.
252.245–7001
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
18. The authority citation for 48 CFR
252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
252.203–7003
[Amended]
19. Section 252.203–7003 is amended
by—
■ a. Removing from the clause heading
‘‘(DEC 2011)’’ and adding in its place
‘‘(APR 2012)’’; and
■ b. Removing from the clause text ‘‘For
FedEx or UPS packages, use this zip
code: 22311,’’.
tkelley on DSK3SPTVN1PROD with RULES
■
VerDate Mar<15>2010
[Amended]
25. Section 252.245–7001 is amended
by—
■ a. Removing from the introductory
text ‘‘245.107(b)’’ and adding in its
place ‘‘245.107(2)’’; and
■ b. Removing from the clause heading
‘‘(FEB 2011)’’ and adding in its place
‘‘(APR 2012)’’.
■
■
16:08 Apr 19, 2012
Jkt 226001
28. Section 252.245–7004 is amended
by—
■ a. Removing from the introductory
text ‘‘245.107(e)’’ and adding in its place
‘‘245.107(5)’’; and
■ b. Removing from the clause heading
‘‘(AUG 2011)’’ and adding in its place
‘‘(APR 2012)’’.
■
[FR Doc. 2012–9582 Filed 4–19–12; 8:45 am]
252.245–7002
[Amended]
26. Section 252.245–7002 is amended
by—
■ a. Removing from the introductory
text ‘‘245.107(c)’’ and adding in its place
‘‘245.107(3)’’; and
■ b. Removing from the clause heading
‘‘(FEB 2011)’’ and adding in its place
‘‘(APR 2012)’’.
■
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Fmt 4700
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 100217097–2404–03]
[Amended]
23. Section 252.229–7013 is amended
by—
■ a. Removing from the introductory
text ‘‘clause’’ and adding in its place
‘‘provision’’; and
■ b. Removing from the clause heading
‘‘(MAR 2012)’’ and adding in its place
‘‘(APR 2012)’’.
252.245–7000
245.201–71 Government-furnished
property attachments to solicitations and
awards.
[Amended]
■
■
PART 245—GOVERNMENT PROPERTY
27. Section 252.245–7003 is amended
by—
■ a. Removing from the introductory
text ‘‘245.107’’ and adding in its place
‘‘245.107(4)’’; and
■ b. Removing from the clause heading
‘‘(FEB 2012)’’ and adding in its place
‘‘(APR 2012)’’.
BILLING CODE 5001–06–P
22. Section 252.227–7037 is amended
by—
■ a. Removing from the introductory
paragraph ‘‘227.7102–3(c)’’ and adding
in its place ‘‘227–7102–3’’; and
■ b. Removing from the clause heading
‘‘(SEP 2011)’’ and adding in its place
‘‘(APR 2012)’’.
■
[Amended]
■
■
■
242.20
[Amended]
20. Section 252.212–7001 is amended
by—
■ a. Removing from the clause heading
‘‘(MAR 2012)’’ and adding in its place
‘‘(APR 2012)’’; and
■ b. In paragraph (b)(2), removing ‘‘(SEP
2010)’’ and adding in its place ‘‘(APR
2012)’’.
■
RIN 0648–AY22
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Generic
Annual Catch Limits/Accountability
Measures Amendment for the Gulf of
Mexico; Correction
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Correcting amendment.
AGENCY:
This action corrects the final
rule implementing the Generic Annual
Catch Limits/Accountability Measures
Amendment (Generic ACL Amendment)
to the Red Drum, Reef Fish Resources,
Shrimp, and Coral and Coral Reefs
Fishery Management Plans for the Gulf
of Mexico (FMPs), which was published
on December 29, 2011. Specifically, this
action reinserts an inadvertently
removed title from a table in the rule.
DATES: This correction is effective April
20, 2012.
FOR FURTHER INFORMATION CONTACT:
Anne Marie Eich, 727–824–5305; email:
AnneMarie.Eich@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
On December 29, 2011, a final rule
was published to implement the Generic
ACL Amendment to the FMPs (76 FR
82044). In part, that final rule removed
E:\FR\FM\20APR1.SGM
20APR1
Agencies
[Federal Register Volume 77, Number 77 (Friday, April 20, 2012)]
[Rules and Regulations]
[Pages 23631-23632]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9582]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 202, 209, 212, 213, 216, 217, 242, 245, and 252
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide needed editorial
changes and guidance to contracting officers.
DATES: Effective Date: April 20, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6093;
facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. Updates the definitions of ``Contracting activity'' at 202.101
and ``Debarring and suspending official'' at 209.403.
2. Adds to 212.301(f)(iv) the provision 252.203-7005, which is
required in all solicitation.
3. Reinstates a notification requirement at 216.504(c)(1)(ii)(D)
that was inadvertently deleted in publication of DFARS Case 2012-D020.
4. Directs contracting officers to additional procedures and
guidance by adding a reference to the DFARS PGI at 242.302(a)(S-75).
5. Makes minor editorial corrections to 213.301, 216.506(a),
217.7001, 217.7002(b), 217.7003(b), 242.202, 245.201-71, 252.203-7003,
252.212-7001, and 252.223-7006.
6. Updates prescription references for 252.227-7037, 252.229-7013,
252.245-7000, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-
7004.
List of Subjects in 48 CFR Parts 202, 209, 212, 213, 216, 217, 242,
245, and 252
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202, 209, 212, 213, 216, 217, 242, 245, and
252 are amended as follows:
0
1. The authority citation for 48 CFR parts 202, 213, 217, and 245 is
revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 202--DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
0
2. Section 202.101 ``Contracting activity'' definition is amended--
0
a. In the Army list by adding ``Deputy Assistant Secretary of the Army
(Procurement)'' in alphabetical order;
0
b. In the Army list by removing ``Joint Contracting Command--Iraq/
Afghanistan'';
0
c. In the Army list by adding ``USCENTCOM Joint Theater Support
Contracting Command (C-JTSCC)'' in alphabetical order; and
0
d. In the Air Force list by adding ``Air Force Global Strike Command''
after ``office of the Deputy Assistant Secretary (Contracting)''.
PART 209--CONTRACTOR QUALIFICATIONS
0
3. The authority citation for 48 CFR 209 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
209.403 [Amended]
0
4. Section 209.403(1) is amended by removing ``Army--Commander, U.S.
Army Legal Services Agency'' and adding in its place ``Director,
Soldier & Family Legal Services''.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
5. The authority citation for 48 CFR 212 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
6. Section 212.301 is amended by--
0
a. Redesignating paragraphs (f)(iv)(A) through (M) as (f)(iv)(B)
through (N); and
0
b. Adding a new paragraph (f)(iv)(A) to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(iv) * * *
(A) Use the provision at 252.203-7005, Representation Relating to
Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
* * * * *
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
7. Section 213.301(4) is revised to read as follows:
213.301 Governmentwide commercial purchase card.
* * * * *
(4) Guidance on DoD purchase, travel, and fuel card programs is
available in the ``Department of Defense Government Charge Card
Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card
Programs'' at https://www.acq.osd.mil/dpap/pdi/pc/policy/_documents.html. Additional guidance on the fuel card programs is
available at https://www.energy.dla.mil.
PART 216--TYPES OF CONTRACTS
0
8. The authority citation for 48 CFR 216 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
9. Section 216.504 is revised to read as follows:
216.504 Indefinite-quantity contracts.
(c)(1)(ii)(D) Limitation on single-award contracts. (i) The
authority to make the determination authorized in FAR
16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the
senior procurement executive.
(ii) A copy of each determination made in accordance with FAR
16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense
Procurement and Acquisition Policy, ATTN: OUSD(AT&L)DPAP/CPIC, 3060
Defense Pentagon, Washington, DC 20301-3060.
216.506 [Amended]
0
10. Section 216.506(a) is amended by removing ``52.216-18'' and adding
in its place ``FAR 52.216-18''.
PART 217--SPECIAL CONTRACTING METHODS
217.7001 [Amended]
0
11. Section 217.7001(b) is amended by removing ``Chapter 6.2'' and
adding in its place ``Chapter 9.5''.
[[Page 23632]]
217.7002 [Amended]
0
12. Section 217.7002(b) is amended by removing ``Chapter 6.2'' and
adding in its place ``Chapter 9.5''.
217.7003 [Amended]
0
13. Section 217.7003(a) is amended by removing ``Chapter 6.2'' and
adding in its place ``Chapter 9.5''.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
14. The authority citation for 48 CFR 242 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
242.20 [Amended]
0
15. Section 242.202(e)(1)(A) is amended by removing ``https://
home.dcma.mil/casbook/casbook.htm'' and adding in its place ``https://pubapp.dcma.mil/CASD/main.jsp''.
0
16. Section 242.302 is amended by adding paragraph S-75 to read as
follows:
242.302 Contract administration functions.
* * * * *
(S-75) See PGI 242.302(a)(S-75) for guidelines for monitoring
contractor costs.
* * * * *
PART 245--GOVERNMENT PROPERTY
0
17. Section 245.201-71 is revised to read as follows:
245.201-71 Government-furnished property attachments to solicitations
and awards.
See PGI 245.201-71 for procedures for preparing Government-
furnished property attachments to solicitations and awards.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
18. The authority citation for 48 CFR 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
252.203-7003 [Amended]
0
19. Section 252.203-7003 is amended by--
0
a. Removing from the clause heading ``(DEC 2011)'' and adding in its
place ``(APR 2012)''; and
0
b. Removing from the clause text ``For FedEx or UPS packages, use this
zip code: 22311,''.
252.212-7001 [Amended]
0
20. Section 252.212-7001 is amended by--
0
a. Removing from the clause heading ``(MAR 2012)'' and adding in its
place ``(APR 2012)''; and
0
b. In paragraph (b)(2), removing ``(SEP 2010)'' and adding in its place
``(APR 2012)''.
252.223-7006 [Amended]
0
21. Section 252.223-7006 is amended by--
0
a. Removing from the clause heading ``(APR 1993)'' and adding in its
place ``(APR 2012)''; and
0
b. Adding the parenthetical phrase ``(End of clause)'' at the end of
the basic clause, after paragraph (b) and before ``Alternate I''.
252.227-7037 [Amended]
0
22. Section 252.227-7037 is amended by--
0
a. Removing from the introductory paragraph ``227.7102-3(c)'' and
adding in its place ``227-7102-3''; and
0
b. Removing from the clause heading ``(SEP 2011)'' and adding in its
place ``(APR 2012)''.
252.229-7013 [Amended]
0
23. Section 252.229-7013 is amended by--
0
a. Removing from the introductory text ``clause'' and adding in its
place ``provision''; and
0
b. Removing from the clause heading ``(MAR 2012)'' and adding in its
place ``(APR 2012)''.
252.245-7000 [Amended]
0
24. Section 252.245-7000 is amended by--
0
a. Removing from the introductory text ``245.107(a)'' and adding in its
place ``245.107(1)''; and
0
b. Removing from the clause heading ``(DEC 1991)'' and adding in its
place ``(APR 2012)''.
252.245-7001 [Amended]
0
25. Section 252.245-7001 is amended by--
0
a. Removing from the introductory text ``245.107(b)'' and adding in its
place ``245.107(2)''; and
0
b. Removing from the clause heading ``(FEB 2011)'' and adding in its
place ``(APR 2012)''.
252.245-7002 [Amended]
0
26. Section 252.245-7002 is amended by--
0
a. Removing from the introductory text ``245.107(c)'' and adding in its
place ``245.107(3)''; and
0
b. Removing from the clause heading ``(FEB 2011)'' and adding in its
place ``(APR 2012)''.
252.245-7003 [Amended]
0
27. Section 252.245-7003 is amended by--
0
a. Removing from the introductory text ``245.107'' and adding in its
place ``245.107(4)''; and
0
b. Removing from the clause heading ``(FEB 2012)'' and adding in its
place ``(APR 2012)''.
252.245-7004 [Amended]
0
28. Section 252.245-7004 is amended by--
0
a. Removing from the introductory text ``245.107(e)'' and adding in its
place ``245.107(5)''; and
0
b. Removing from the clause heading ``(AUG 2011)'' and adding in its
place ``(APR 2012)''.
[FR Doc. 2012-9582 Filed 4-19-12; 8:45 am]
BILLING CODE 5001-06-P