Defense Federal Acquisition Regulation Supplement: Order of Application for Modifications (DFARS Case 2012-D002), 30367-30368 [2012-11563]
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Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
V. 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 Part 204
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
I. Background
Therefore, 48 CFR part 204 is
amended to read as follows:
PART 204—ADMINISTRATIVE
MATTERS
1. The authority citation for 48 CFR
part 204 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and CFR
chapter 1.
2. Section 204.804 is revised to read
as follows:
■
204.804
Closeout of contract files.
(1) Contracting officers shall close out
contracts in accordance with the
procedures at PGI 204.804. The closeout
date for file purposes shall be
determined and documented by the
procuring contracting officer.
(2) The head of the contracting
activity shall assign the highest priority
to closeout of contracts awarded for
performance in a contingency area.
Heads of contracting activities must
monitor and assess on a regular basis
the progress of contingency contract
closeout activities and take appropriate
steps if a backlog occurs. For guidance
on the planning and execution of
closing out such contracts, see PGI
207.105(b)(20)(C)(8) and PGI
225.7404(e).
[FR Doc. 2012–11562 Filed 5–21–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204 and 243
srobinson on DSK4SPTVN1PROD with RULES2
RIN 0750–AH56
Defense Federal Acquisition
Regulation Supplement: Order of
Application for Modifications (DFARS
Case 2012–D002)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
VerDate Mar<15>2010
17:23 May 21, 2012
Jkt 226001
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) 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: Effective Date: May 22, 2012.
FOR FURTHER INFORMATION CONTACT: Dr.
Laura Welsh, telephone 571–372–6091.
SUPPLEMENTARY INFORMATION:
SUMMARY:
DoD published a proposed rule in the
Federal Register at 77 FR 2679 on
January 19, 2012, to establish an order
for application of contract
modifications. 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 of
contract modifications. 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. Therefore, this final rule
adds DFARS text at 204.7007, Order of
Application for Modifications, to
resolve any potential conflict in these
circumstances. One respondent
submitted a public comment in
response to the proposed rule.
II. Discussion and Analysis of the
Public Comment
DoD considered the public comment
in the development of the final rule,
which is discussed as follows.
Comment: A respondent suggested
that a cross-reference to the proposed
DFARS 204.7007 language be placed
within DFARS part 243, Contract
Modifications, as the rule addresses
contract modifications.
Response: In response to the
respondent’s comment, a cross-reference
to DFARS 204.7007 is added at DFARS
243.172. No other changes were made to
the proposed rule.
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
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
30367
(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 has prepared a final regulatory
flexibility analysis (FRFA) consistent
with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is
summarized as follows:
This rule finalizes a proposed
amendment to the Defense Federal
Acquisition Regulation Supplement
(DFARS) which was published on
January 19, 2012. DFARS subpart
204.70, Uniform Procurement
Instrument Identification Numbers,
prescribes numbering procedures for
contract modifications, and Federal
Acquisition Regulation (FAR) subpart
43.1, General, prescribes guidelines 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.
The objective of the rule is to provide
a set of rules to the contracting officer
to resolve any potential conflicts from
multiple modifications with the same
effective date.
There were no public comments in
response to the initial regulatory
flexibility analysis.
DoD received no comments by the
Chief Counsel for Advocacy of the Small
Business Administration in response to
the proposed rule.
The changes 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 an economic
impact on contractors.
This rule does not impose any new
reporting or recordkeeping
requirements.
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
in what order to apply modifications.
E:\FR\FM\22MYR2.SGM
22MYR2
30368
Federal Register / Vol. 77, No. 99 / Tuesday, May 22, 2012 / Rules and Regulations
There is no significant economic impact
on small entities.
V. 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 and
243
Government procurement.
243.172
Application of modifications.
Follow the procedures in 204.7007 for
determining the sequence for
application of modifications to a
contract or order.
[FR Doc. 2012–11563 Filed 5–21–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
RIN 0750–AH43
Therefore, 48 CFR parts 204 and 243
are amended as follows:
Defense Federal Acquisition
Regulation Supplement; Utilization of
Domestic Photovoltaic Devices
(DFARS Case 2011–D046)
PART 204—ADMINISTRATIVE
MATTERS
AGENCY:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
1. The authority citation for 48 CFR
part 204 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 204.7007 is added 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.
srobinson on DSK4SPTVN1PROD with RULES2
PART 243—CONTRACT
MODIFICATIONS
3. The authority citation for 48 CFR
part 243 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
4. Section 243.172 is added to read as
follows:
■
VerDate Mar<15>2010
17:23 May 21, 2012
Jkt 226001
DoD is adopting as final, with
change, an interim rule amending the
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement a
section of the National Defense
Authorization Act for Fiscal Year 2011.
The section provides that photovoltaic
devices to be utilized in performance of
any covered contract shall comply with
the Buy American statute, subject to the
exceptions provided in the Trade
Agreements Act of 1979 or otherwise
provided by law.
DATES: Effective date: May 22, 2012.
FOR FURTHER INFORMATION CONTACT:
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published an interim rule in the
Federal Register at 76 FR 78858 on
December 20, 2011 and also issued
technical amendments to the interim
rule in the Federal Register at 77 FR
13013 on March 5, 2012. One
respondent submitted a comment in
response to the interim rule.
II. Discussion and analysis
Only one response was received. The
respondent provided an editorial
comment which has been incorporated
in the final rule (see DFARS 225.7017–
3(c)(1)).
There have also been some baseline
changes since the publication of the
interim rule.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
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 expects that this interim rule
may 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.
Therefore, a final regulatory flexibility
analysis has been prepared and is
summarized as follows:
This final rule implements section
846 of the National Defense
Authorization Act for Fiscal Year 2011
(Pub. L. 111–383) by providing
regulatory coverage on utilization of
domestic photovoltaic devices under
certain covered contracts.
The objective of the rule is to promote
utilization of domestic photovoltaic
devices under energy savings contracts,
utility service contracts, or private
housing contracts awarded by DoD, if
such contract does not include DoD
purchase of photovoltaic devices as end
products, but will nevertheless result in
ownership of photovoltaic devices by
DoD. According to the statute, DoD is
deemed to own a photovoltaic device if
the device is—
(1) Installed on DoD property or in a
facility owned by DoD; and
(2) Reserved for the exclusive use of
DoD for the full economic life of the
device.
The legal basis for the rule is section
846 of the National Defense
Authorization Act for Fiscal Year 2011.
No significant issues were raised by
the public comments.
No comments were filed by the Chief
Counsel for Advocacy of the Small
Business Administration.
This rule generally applies to other
than small entities. When purchasing
renewable power generated via on-site
photovoltaic devices, DoD can either
purchase the photovoltaic devices and
thereby own, operate, and maintain the
devices for their full economic life
(already covered in DFARS part 225) or
can do variations of the following:
E:\FR\FM\22MYR2.SGM
22MYR2
]]>Agencies
[Federal Register Volume 77, Number 99 (Tuesday, May 22, 2012)]
[Rules and Regulations]
[Pages 30367-30368]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11563]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 243
RIN 0750-AH56
Defense Federal Acquisition Regulation Supplement: Order of
Application for Modifications (DFARS Case 2012-D002)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) 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: Effective Date: May 22, 2012.
FOR FURTHER INFORMATION CONTACT: Dr. Laura Welsh, telephone 571-372-
6091.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 77 FR 2679
on January 19, 2012, to establish an order for application of contract
modifications. 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 of
contract modifications. 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. Therefore,
this final rule adds DFARS text at 204.7007, Order of Application for
Modifications, to resolve any potential conflict in these
circumstances. One respondent submitted a public comment in response to
the proposed rule.
II. Discussion and Analysis of the Public Comment
DoD considered the public comment in the development of the final
rule, which is discussed as follows.
Comment: A respondent suggested that a cross-reference to the
proposed DFARS 204.7007 language be placed within DFARS part 243,
Contract Modifications, as the rule addresses contract modifications.
Response: In response to the respondent's comment, a cross-
reference to DFARS 204.7007 is added at DFARS 243.172. No other changes
were made to the proposed rule.
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 has prepared a final regulatory flexibility analysis (FRFA)
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.
The FRFA is summarized as follows:
This rule finalizes a proposed amendment to the Defense Federal
Acquisition Regulation Supplement (DFARS) which was published on
January 19, 2012. DFARS subpart 204.70, Uniform Procurement Instrument
Identification Numbers, prescribes numbering procedures for contract
modifications, and Federal Acquisition Regulation (FAR) subpart 43.1,
General, prescribes guidelines 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.
The objective of the rule is to provide a set of rules to the
contracting officer to resolve any potential conflicts from multiple
modifications with the same effective date.
There were no public comments in response to the initial regulatory
flexibility analysis.
DoD received no comments by the Chief Counsel for Advocacy of the
Small Business Administration in response to the proposed rule.
The changes 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 an economic impact on contractors.
This rule does not impose any new reporting or recordkeeping
requirements.
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 in what order to apply modifications.
[[Page 30368]]
There is no significant economic impact on small entities.
V. 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 and 243
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 204 and 243 are amended as follows:
PART 204--ADMINISTRATIVE MATTERS
0
1. The authority citation for 48 CFR part 204 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 204.7007 is added 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.
PART 243--CONTRACT MODIFICATIONS
0
3. The authority citation for 48 CFR part 243 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
4. Section 243.172 is added to read as follows:
243.172 Application of modifications.
Follow the procedures in 204.7007 for determining the sequence for
application of modifications to a contract or order.
[FR Doc. 2012-11563 Filed 5-21-12; 8:45 am]
BILLING CODE 5001-06-P
