Defense Federal Acquisition Regulation Supplement: Title 41 Positive Law Codification-Further Implementation (DFARS Case 2012-D003), 35879-35883 [2012-14259]
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Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations
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.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 201, 203, 204, 212, 213,
217, 219, 222, 225, 233, 243, 252, and
Appendix I to Chapter 2
RIN 0750–AH55
Defense Federal Acquisition
Regulation Supplement: Title 41
Positive Law Codification—Further
Implementation (DFARS Case 2012–
D003)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
IV. Regulatory Flexibility Act
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
conform statutory titles throughout the
DFARS to the new Positive Law
Codification of Title 41, United States
Code, ‘‘Public Contracts.’’
DATES: June 15, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–371–
6106.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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I. Background
DoD published a proposed rule in the
Federal Register at 76 FR 78874 on
December 20, 2011. The comment
period closed on February 21, 2012. One
respondent submitted a public comment
in response to the proposed rule.
DoD is updating the historical names
of the Acts in the DFARS (e.g., the
‘‘Service Contract Act of 1965’’ is now
the ‘‘Service Contract Labor Standards
statute’’). A table providing the
historical titles of the Acts, the present
statutory citation, and the new titles of
the statutes is being proposed under
FAR case 2011–018 for inclusion at FAR
1.110. That table will cover acts under
both titles 40 and 41. Additionally,
editorial changes are being made to
conform to DFARS drafting
conventions.
Although there were no substantive
changes to the meaning of the statutes,
there were some changes in
terminology.
II. Discussion and Analysis
One respondent submitted two edits,
which have been incorporated in the
final rule at 225.1101(2)(i)(C) and
225.7000(b).
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
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DoD certifies that this final rule will
not 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 the rule does not change any
policies or requirements. It just changes
and updates references and terminology.
Additionally, the proposed rule
published at 76 FR 78874 on December
20, 2011, invited comments from small
businesses and other interested parties.
No comments were received from small
entities on the affected DFARS subparts
with regard to small businesses.
Therefore, a Final Regulatory Flexibility
Analysis has not been performed.
V. Paperwork Reduction Act
The 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 Parts 201,
203, 204, 212, 213, 217, 219, 222, 225,
233, 243, 252, and Appendix I to
Chapter 2
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 201, 203, 204,
212, 213, 217, 219, 222, 225, 233, 243,
252, and 48 CFR chapter 2 appendix I
are amended as follows:
1. The authority citation for 48 CFR
parts 201, 204, 212, 213, 217, 219, 225,
243, 252, and 48 CFR chapter 2
appendix I continues to read as follows:
35879
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
201.107
[Amended]
2. Section 201.107 introductory text is
amended by removing ‘‘In accordance
with section 29 of the Office of Federal
Procurement Policy Act (41 U.S.C.
1304)’’ and adding ‘‘In accordance with
41 U.S.C. 1304’’ in its place.
■
201.304
[Amended]
3. Section 201.304 is amended in
paragraph (2) introductory text in by
removing ‘‘In accordance with section
29 of the Office of Federal Procurement
Policy Act (41 U.S.C. 1304)’’ and adding
‘‘In accordance with 41 U.S.C. 1304’’ in
its place.
■
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
4. The authority citation for 48 CFR
part 203 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1
203.070
[Amended]
5. Section 203.070 is amended in
paragraph (f) by removing ‘‘Antikickback Act’’ and adding ‘‘Kickbacks’’
in its place.
■
203.502–2
[Amended]
6. Section 203.502–2 is amended in
paragraph (h) introductory text by
removing ‘‘under the Anti-Kickback Act
of 1986’’ and adding ‘‘under 41 U.S.C.
chapter 87, Kickbacks’’ in its place.
■
PART 204—ADMINISTRATIVE
MATTERS
204.1202
[Amended]
7. Section 204.1202 is amended—
a. In paragraph (2)(v), by removing
‘‘Buy American Act—Balance of
Payments Program Certificate’’ and
adding ‘‘Buy American—Balance of
Payments Program Certificate’’ in its
place; and
■ b. In paragraph (2)(ix), by removing
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place.
■ 8. In 204.7003, revise paragraph
(a)(3)(vi) to read as follows:
■
■
■
204.7003
Authority: 41 U.S.C. 1303 and CFR
chapter 1.
(a) * * *
(3) * * *
(vi) Contracting actions placed with or
through other Government departments
or agencies or against contracts placed
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by such departments or agencies outside
the DoD (including actions from
nonprofit agencies employing people
who are blind or severely disabled
(AbilityOne), and the Federal Prison
Industries (UNICOR))—F
*
*
*
*
*
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
212.301
[Amended]
9. Section 212.301 is amended—
a. In paragraph (f)(i)(A) by removing
‘‘Buy American Act—Balance of
Payments Program Certificate’’ and
adding ‘‘Buy American—Balance of
Payments Program Certificate’’ in its
place; and
■ b. In paragraph (f)(i)(C), removing
‘‘Buy American Act—Free Trade
Agreements—Balance of Payments
Program Certificate’’ and adding ‘‘Buy
American—Free Trade Agreements—
Balance of Payments Program
Certificate’’ in its place.
■
■
212.7102–1
[Amended]
10. Section 212.7102–1 is amended in
paragraph (e)(2) by removing ‘‘section
26 of the Office of Federal Procurement
Policy Act (41 U.S.C. 1502)’’ and adding
‘‘41 U.S.C. 1502’’ in its place.
■
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
213.301
[Amended]
11. Section 213.301 is amended in
paragraph (1) by removing ‘‘Continental
Shelf lands’’ and adding ‘‘Continental
Shelf’’ in its place.
■
213.302–5
[Amended]
12. Section 213.302–5 is amended—
a. In the first sentence of paragraph (d)
introductory text by removing ‘‘Buy
American Act—Supplies’’ and adding
‘‘Buy American—Supplies’’ in its place
and in the second sentence, removing
‘‘Buy American Act’’ and adding ‘‘Buy
American statute’’ in its place; and
■ b. Removing ‘‘Act’’ from paragraphs
(d)(i) and (d)(ii).
■
■
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PART 217—SPECIAL CONTRACTING
METHODS
217.7000
[Amended]
13. Section 217.7000 is amended by
removing ‘‘Section 201(c) of the Federal
Property and Administrative Services
Act of 1949, 63 Stat. 384, as amended
(40 U.S.C. 481(c))’’ and adding ‘‘40
U.S.C. 503’’ in its place.
■
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PART 219—SMALL BUSINESS
PROGRAMS
219.703
[Amended]
14. Section 219.703 is amended in
paragraph (a) by removing ‘‘the JavitsWagner-O’Day Act (41 U.S.C. 8502–
8504)’’ and adding ‘‘41 U.S.C. chapter
85’’ in its place.
■
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
15. The authority citation for 48 CFR
part 222 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and CFR
chapter 1.
Subpart 222.3—[Amended]
16. Subpart 222.3 is amended in the
subpart heading by removing ‘‘Act’’.
■
222.302
[Amended]
17. Section 222.302 is amended in the
introductory text by removing ‘‘Act’’.
■ 18. Section 222.402–70 is amended by
revising paragraph (a) introductory text
and paragraphs (b), (c), (d), and (f) to
read as follows:
■
222.402–70
Installation support contracts.
(a) Apply both the Service Contract
Labor Standards statute and the
Construction Wage Rate Requirements
statute to installation support contracts
if—
*
*
*
*
*
(b) Service Contract Labor Standards
statute coverage under the contract.
Contract installation support
requirements, such as plant operation
and installation services (i.e., custodial,
snow removal, etc.) are subject to the
Service Contract Labor Standards.
Apply Service Contract Labor Standards
clauses and minimum wage and fringe
benefit requirements to all contract
service calls or orders for such
maintenance and support work.
(c) Construction Wage Rate
Requirements statute coverage under
the contract. Contract construction,
alteration, renovation, painting, and
repair requirements (i.e., roof shingling,
building structural repair, paving
repairs, etc.) are subject to the
Construction Wage Rate Requirements
statute. Apply Construction Wage Rate
Requirements clauses and minimum
wage requirements to all contract
service calls or orders for construction,
alteration, renovation, painting, or
repairs to buildings or other works.
(d) Repairs versus maintenance. Some
contract work may be characterized as
either Construction Wage Rate
Requirements painting/repairs or
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Service Contract Labor Standards
maintenance. For example, replacing
broken windows, spot painting, or
minor patching of a wall could be
covered by either the Construction Wage
Rate Requirements or the Service
Contract Labor Standards. In those
instances where a contract service call
or order requires construction trade
skills (i.e., carpenter, plumber, painter,
etc.), but it is unclear whether the work
required is Service Contract Labor
Standards maintenance or Construction
Wage Rate Requirements painting/
repairs, apply the following rules:
(1) Individual service calls or orders
which will require a total of 32 or more
work hours to perform shall be
considered to be repair work subject to
the Construction Wage Rate
Requirements.
(2) Individual service calls or orders
which will require less than 32 work
hours to perform shall be considered to
be maintenance subject to the Service
Contract Labor Standards.
(3) Painting work of 200 square feet or
more to be performed under an
individual service call or order shall be
considered to be subject to the
Construction Wage Rate Requirements
statute regardless of the total work hours
required.
*
*
*
*
*
(f) Contracting officers may not avoid
application of the Construction Wage
Rate Requirements statute by splitting
individual tasks between orders or
contracts.
■ 19. The 222.404 section heading is
revised to read as follows:
222.404 Construction Wage Rate
Requirements statute wage determinations.
*
*
*
*
*
20. Section 222.406–1 is amended by
revising paragraph (b)(1)(A)(1), and in
paragraph (b)(1)(A)(2) by removing the
word ‘‘Act’’ and adding ‘‘statute’’ in its
place.
The revision reads as follows:
■
222.406–1
Policy.
*
*
*
*
*
(b) * * *
(1) * * *
(A) * * *
(1) Construction Wage Rate
Requirements statute.
*
*
*
*
*
222.406–8
[Amended]
21. Section 222.406–8 is amended in
paragraph (c)(4)(A) introductory text by
removing ‘‘Contract Work Hours and
Safety Standards Act (CWHSSA)’’ and
adding ‘‘Contract Work Hours and
Safety Standards (CWHSS) statute’’ in
its place.
■
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222–406–9
[Amended]
222.406–13
reports.
Semiannual enforcement
*
*
*
*
*
(7) * * *
(i) Construction Wage Rate
Requirements statute; and
(ii) CWSS statute;
(8) * * *
(i) Construction Wage Rate
Requirements statute; and
(ii) CWHSS statute;
*
*
*
*
*
(10) * * *
(i) Construction Wage Rate
Requirements statute;
(ii) CWSS statute;
*
*
*
*
*
29. Section 225.502 is amended—
a. In paragraphs (c) introductory text
and (c)(iii)(C), by removing ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place;
■ b. In paragraph (c)(i)(A), by removing
‘‘Buy American Act’’ and ‘‘Buy
American Act or Balance of Payments
Program’’ and adding ‘‘Buy American
statute’’ and ‘‘Buy American or Balance
of Payments Program’’, respectively, in
its place; and
■ c. In paragraphs (c)(i)(B), (c)(ii)(C),
(c)(ii)(D), and (c)(iii)(A), by removing
‘‘Act’’.
■
■
[Amended]
[Amended]
31. Section 225.872–4 is amended by
removing ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place.
■
225.1101
[Amended]
32. Section 225.1101 is amended—
a. In paragraphs (1)(i), (2)(i)
introductory text, (2)(i)(D)(2), (3)(i),
(3)(iii), (10)(i), (11)(i) introductory text,
and (11)(iii), by removing ‘‘Act’’ each
time it appears; and
■ b. In paragraph (2)(i)(C), removing
‘‘Act’’ and adding ‘‘statute’’ in its place.
■
■
25. The subpart 222.14 heading is
revised to read as set forth above.
■
PART 225—FOREIGN ACQUISITION
225.7000
[Amended]
[Amended]
33. Section 225.7000 is amended in
paragraph (b) by removing ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place.
■
26. Section 225.003 is amended in
paragraphs (4) and (11) by removing
‘‘Act’’ each time it appears.
■
225.7017–3
Subpart 225.1—Buy American—
Supplies
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[Amended]
225.872–4
Subpart 222.14—Employment of
Workers with Disabilites
27. The subpart 225.1 is revised to
read as set forth above.
[Amended]
28a. Section 225.103 is amended—
a. In paragraph (a)(i)(B) by removing
‘‘Buy American Act’’ and adding ‘‘Buy
American statute’’ in its place; and
■
■
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[Amended]
34. Section 225.7017–3 is amended in
paragraph (a) by removing ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place.
■
■
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225.502
30. Section 225.872–1 is amended in
paragraphs (a) introductory text and (b)
introductory text by removing ‘‘Buy
American Act’’ and adding ‘‘Buy
American statute’’ in its place.
24. The subpart 222.10 heading is
revised as set forth above.
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28b. The subpart 225.2 heading is
revised to read as set forth above.
■
■
■
225.103
Subpart 225.2—Buy American—
Construction Materials
225.872–1
Subpart 222.10—Service Contract
Labor Standards
225.003
b. In paragraph (a)(ii)(A) introductory
text by removing ‘‘Subpart 225.5’’ and
adding ‘‘subpart 225.5’’ in its place and
by removing ‘‘Buy American Act’’ and
adding ‘‘Buy American statute’’ in its
place.
■
22. Section 222.406–9 is amended in
paragraph (a) by removing ‘‘Davis-Bacon
or CWHSSA’’ and adding ‘‘Construction
Wage Rate Requirements or CWHSS
statute’’ in its place.
■ 23. Section 222.406–13 is amended—
■ a. In the introductory text by
removing ‘‘Davis-Bacon Act and the
CWHSSA’’ and adding ‘‘Construction
Wage Rate Requirements statute and the
CWSS statute’’ in its place;
■ b. By revising paragraphs (7)(i) and (ii)
and (8)(i) and (ii);
■ c. In paragraph (9) introductory text
by removing ‘‘CWHSSA’’ and adding
‘‘CWSS statute’’ in its place;
■ d. In paragraph (9)(i), by adding ‘‘;
and’’ to the end; and
■ e. By revising paragraphs (10)(i) and
(ii).
The revisions read as follows:
■
PART 233—PROTESTS, DISPUTES,
AND APPEALS
35. The authority citation for 48 CFR
part 233 is revised to read as follows:
■
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35881
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
233.204–70
[Amended]
36. Section 233.204–70 is amended by
removing ‘‘the Contract Disputes Act of
1978’’ and adding ‘‘41 U.S.C. chapter 71
(Contract Disputes)’’ in its place.
■
PART 243—CONTRACT
MODIFICATIONS
37. Section 243.204–71 is amended in
paragraph (c) in the first sentence by
removing ‘‘the Contract Disputes Act of
1978 (41 U.S.C. 7103)’’ and adding ‘‘41
U.S.C. 7103, Disputes’’ in its place, and
in the second sentence, removing
‘‘Contract Disputes Act’’ and adding
‘‘Contract Disputes statute’’ in its place
and removing ‘‘Subpart’’ and adding
‘‘subpart’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.204–7007
[Amended]
38. Section 252.204–7007 is amended
by removing the clause date ‘‘(SEP
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place and in paragraphs (d)(2)(ii) and
(d)(2)(vi) by removing ‘‘Act’’.
■
252.212–7001
[Amended]
39. Section 252.212–7001 is amended
by—
■ a. Removing the clause date ‘‘(SEP
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ b. In paragraphs (b)(4), (b)(22), and
(c)(4), removing ‘‘(SEP 2011)’’ and
adding ‘‘(JUN 2012)’’ in its place;
■ c. In paragraphs (b)(6)(i) by removing
‘‘Act’’ and by removing ‘‘(OCT 2011)’’
and adding ‘‘(JUN 2012)’’ in its place;
■ d. In paragraph (b)(8) by removing
‘‘(JAN 2011)’’ and adding ‘‘(JUN 2012)’’
in its place; and
■ e. In paragraph (b)(13)(i) by removing
‘‘(MAY 2012)’’ and adding ‘‘(JUN 2012)’’
in its place.
■ f. In paragraph (b)(16)(i) by removing
‘‘(MAY 2012)’’ and adding ‘‘(JUN 2012)’’
in its place; and
■ g. In paragraphs (b)(16)(ii) through (iv)
by removing ‘‘(OCT 2011)’’ and adding
‘‘(JUN 2012)’’ in its place;
■ h. In paragraphs (b)(16)(v) and (vi), by
removing ‘‘(MAY 2012)’’ and adding
‘‘(JUN 2012)’’ in its place; and
■ i. In paragraphs (b)(18) and (c)(1),
removing ‘‘(AUG 2011)’’ and adding
‘‘(JUN 2012)’’ in its place.
■
252.212–7002
[Amended]
40. Section 252.212–7002 is amended
by removing the clause date ‘‘(JUN
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place and in the definition
■
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‘‘Nontraditional defense contractor’’,
paragraph (1), removing ‘‘Section 26 of
the Office of Federal Procurement
Policy Act (41 U.S.C. section 1502)’’ and
adding ‘‘41 U.S.C. section 1502’’ in its
place.
and adding ‘‘, Buy American’’ in its
place and in the second sentence,
removing ‘‘Act’’ and adding ‘‘statute’’ in
its place; and
■ f. In paragraph (c), by removing ‘‘Act’’.
252.217–7002
■
[Amended]
41. Section 252.217–7002 is amended
by removing the clause date ‘‘(DEC
1991)’’ and adding ‘‘(JUN 2012)’’ in its
place and in paragraph (a), removing
‘‘Section 201(c) of the Federal Property
and Administrative Services Act of
1949, 63 Stat. 384 (40 U.S.C. 481(c))’’
and adding ‘‘40 U.S.C. 503’’ in its place.
■
252.219–7003
42. Section 252.219–7003 is
amended—
■ a. By removing the clause date ‘‘(SEP
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ b. In paragraph (e) introductory text
by removing ‘‘Section 831’’ and adding
‘‘section 831’’ in its place; and
■ c. In paragraph (e)(1), by removing
‘‘handicapped’’ and adding ‘‘disabled’’
in its place.
■ 43. Section 252.225–7000 is amended:
■ a. By revising the section heading;
■ b. By removing ‘‘Act’’ from the
provision title;
■ c. By removing the clause date ‘‘(DEC
2009)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ d. In paragraph (b)(2) by removing
‘‘Act’’ and adding’’ statute’’ in its place;
and
■ e. In paragraph (c)(1) introductory text
by removing ‘‘Act’’.
The revision reads as follows:
252.225–7000 Buy American Statute—
Balance of Payments Program Certificate.
*
*
252.225–7001
*
*
[Amended]
44. Section 252.225–7001 is
amended—
■ a. By revising the section heading;
■ b. By removing ‘‘Act’’ from the
provision title;
■ c. By removing the clause date ‘‘(OCT
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ d. In paragraph (a), in the definition
of ‘‘Commercially available off-the-shelf
(COTS) item’’, paragraph (ii), by
removing ‘‘section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102)’’ and adding
‘‘46 U.S.C. 40102(4)’’ in its place;
■ d. In paragraph (a), in the definition
of ‘‘Domestic end product’’, paragraph
(ii)(A)(2), by removing ‘‘Act’’ and
adding ‘‘statute’’ in its place;
■ e. In paragraph (b) in the first
sentence, by removing ‘‘the Buy
American Act (41 U.S.C chapter 83)’’
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[Amended]
45. Section 252.225–7009 is amended
by removing the clause date ‘‘(JAN
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place; and in paragraph (a)(4)(ii),
removing ‘‘section 3 of the Shipping Act
of 1984 (46 U.S.C. App 1702)’’ and
adding ‘‘46 U.S.C. 40102(4)’’ in its
place.
252.225–7013
[Amended]
■
*
252.225–7009
[Amended]
46. Section 252.225–7013 is
amended—
■ a. By removing the clause date ‘‘(DEC
2009)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ b. In paragraph (a), by removing the
numerical designations (1) through (4)
from the definitions;
■ c. In paragraph (a), in the definition
‘‘Eligible product’’, paragraph (ii), by
removing ‘‘Bahrainian end product or a
Moroccan end product, as defined in the
Buy American Act’’ and adding
‘‘Bahrainian end product, a Moroccan
end product, or a Peruvian end product,
as defined in the Buy American’’ in its
place, and in paragraph (iii), by
removing ‘‘Act’’; and
■ d. In paragraph (a), in the definition
‘‘Qualifying country’’ and ‘‘qualifying
country end product’’, removing ‘‘Act’’
each time it appears.
■
252.225–7021
[Amended]
47. Section 252.225–7021 is amended
by removing the clause date ‘‘(MAY
2012)’’ and adding ‘‘(JUN 2012)’’ in its
place, and in paragraph (a), in the
definition ‘‘Commercially available offthe-shelf (COTS) item’’, paragraph (ii),
by removing ‘‘section 4 of the Shipping
Act of 1984 (46 U.S.C. 40102)’’ and
adding ‘‘46 U.S.C. 40102(4)’’ in its
place.
■
252.225–7035
[Amended]
48. Section 252.225–7035 is
amended—
■ a. By revising the section heading;
■ b. In the clause title by removing
‘‘Act’’;
■ c. By removing the clause date ‘‘(DEC
2010)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ d. In paragraphs (a) and (b)(2) by
removing ‘‘Act’’;
■ e. In introductory paragraph (c)(1),
removing ‘‘Buy American Act’’ and
adding ‘‘Buy American’’ in its place;
■ f. In Alternate II, by removing the
clause date ‘‘(DEC 2010)’’ and adding
■
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
‘‘(JUN 2012)’’ in its place; and in
Alternate II, paragraph (b)(2), removing
‘‘Act’’; and
■ g. In Alternate III, removing the clause
date ‘‘(DEC 2010)’’ and adding ‘‘(JUN
2012)’’ in its place; and in Alternate III,
paragraphs (a) and (b)(2), removing
‘‘Act’’.
The revision reads as follows:
252.225–7035 Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate.
*
*
*
*
*
49. Section 252.225–7036 is
amended—
■ a. By revising the section heading;
■ b. In the clause title by removing
‘‘Act’’;
■ c. By removing the clause date ‘‘(MAY
2012)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ c. In paragraph (a), in the definition
‘‘Commercially available off-the-shelf
(COTS) item’’, paragraph (ii), by
removing ‘‘section 3 of the Shipping Act
of 1984 (46 U.S.C. 40102)’’ and adding
‘‘46 U.S.C. 40102(4)’’ in its place;
■ d. In paragraph (a), in the definition
‘‘Domestic end product’’, paragraph
(ii)(A)(2), by removing ‘‘Act’’ and
adding ‘‘statute’’ in its place;
■ e. In paragraph (c) by removing ‘‘Act’’;
and
■ f. In Alternates I, II, and III, by
removing the clause date ‘‘(OCT 2011)’’
and adding ‘‘(JUN 2012)’’ in its place
and in paragraph (c), removing ‘‘Act’’.
The revision reads as follow:
■
252.225–7036 Buy American—Free Trade
Agreements—Balance of Payments
Program.
*
*
*
252.225–7044
*
*
[Amended]
50. Section 252.225–7044 is amended
by removing the clause date ‘‘(DEC
2010)’’ and adding ‘‘(JUN 2012)’’ in its
place and in paragraph (a), in the
definition ‘‘Commercially available offthe-shelf (COTS) item’’, paragraph (2),
by removing ‘‘section 3 of the Shipping
Act of 1984 (46 U.S.C. 40102)’’ and
adding ‘‘46 U.S.C. 40102(4)’’ in its
place.
■
252.227–7037
[Amended]
51. Section 252.225–7037 is
amended—
■ a. By removing the clause date ‘‘(APR
2012)’’ and adding ‘‘(JUN 2012)’’ in its
place;
■ b. In paragraph (e)(3), by removing
‘‘the Contract Disputes Act of 1978 (41
U.S.C. 7101)’’ and adding ‘‘41 U.S.C.
7101, Contract Disputes’’ in its place;
and
■ c. In paragraph (g)(2)(iv), removing
‘‘Act’’ and adding ‘‘statute’’ in its place.
■
E:\FR\FM\15JNR1.SGM
15JNR1
Federal Register / Vol. 77, No. 116 / Friday, June 15, 2012 / Rules and Regulations
252.227–7038
[Amended]
252.244–7001
[Amended]
53. Section 252.244–7001 is amended
by removing the clause date ‘‘(MAY
2011)’’ and adding ‘‘(JUN 2012)’’ in its
place and in paragraph (c)(17), by
removing ‘‘the Anti-Kickback Act’’ and
adding ‘‘41 U.S.C. chapter 87,
Kickbacks’’ in its place.
■ 54. In appendix I to chapter 2, section
I–101.4 is revised to read as follows:
■
Appendix I to Chapter 2—Policy and
Procedures for the DOD Pilot MentorProtege Program
*
*
*
*
*
I–101.4 Severely disabled individual.
An individual who has a physical or
mental disability which constitutes a
substantial handicap to employment and
which, in accordance with criteria prescribed
by the Committee for Purchase from People
Who Are Blind or Severely Disabled
established by the first section of the Act of
June 25, 1938 (41 U.S.C. 8502), is of such a
nature that the individual is otherwise
prevented from engaging in normal
competitive employment.
*
*
*
*
*
[FR Doc. 2012–14259 Filed 6–14–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216, 225, and 252
RIN 0750–AH28
Defense Federal Acquisition
Regulation Supplement; Contractors
Performing Private Security Functions
(DFARS Case 2011–D023)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is adopting as final, with
changes, an interim rule amending the
Defense Federal Acquisition Regulation
Supplement (DFARS) to implement
those sections of several National
Defense Authorization Acts which
establish minimum processes and
requirements for the selection,
accountability, training, equipping, and
conduct of personnel performing private
security functions under DoD contracts.
srobinson on DSK4SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
15:51 Jun 14, 2012
Effective Date: June 15, 2012.
Ms.
Meredith Murphy, telephone 571–372–
6098.
SUPPLEMENTARY INFORMATION:
DATES:
52. Section 252.225–7038 is amended
by removing the clause date ‘‘(DEC
2007)’’ and adding ‘‘(JUN 2012)’’ in its
place and in paragraph (l)(2)(ii), by
removing ‘‘Act’’ and adding ‘‘statute’’ in
its place.
■
Jkt 226001
FOR FURTHER INFORMATION CONTACT:
I. Background
The interim rule implemented the
legislation by establishing (1)
Regulations addressing the selection,
training, equipping, and conduct of
personnel performing private security
functions in areas of contingency
operations, complex contingency
operations, or other military operations
or exercises that are designated by the
combatant commander, (2) a contract
clause, and (3) remedies. DoD published
the interim rule in the Federal Register
at 76 FR 52133 on August 19, 2011, to
implement section 862, as amended, of
the National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2008.
Section 862 was amended by section
853 of the NDAA for FY 2009 and
sections 831 and 832 of the NDAA for
FY 2011. In addition, the DoD
Instruction addressing private Security
Contractors (DoDI 3020.50) was revised
on August 1, 2011, and the final rule to
implement section 862 of the NDAA for
FY 2008, as amended, 32 CFR part 159,
Private Security Contractors Operating
in Contingency Operations, was
published in the Federal Register on
August 11, 2011 (76 FR 49651). Public
comments on the final rule at 32 CFR
part 159 had been solicited by
publication of an interim rule on July
17, 2009.
II. Discussion and Analysis of the
Public Comments
Three respondents submitted
comments on the interim rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
The following significant changes to
the DFARS are being made by this rule:
• The definition of ‘‘private security
functions’’ in the clause at DFARS
225.370–3 was revised to conform to the
DoDI, and limit the definition to the
specified criteria.
• The types of active, non-lethal
countermeasures that must be reported
when used has been added at DFARS
225.370–4(c)(1)(iv)(E) and 252.225–
7039(b)(1)(iv)(E).
• The types of Governmentauthorized investigations with which
the contractor is required to cooperate
are more narrowly described in order to
conform to the limitations in the statute.
Changes have been made to DFARS
PO 00000
Frm 00075
Fmt 4700
Sfmt 4700
35883
225.370–4(c)(3) and the clause at
DFARS 252.225–7039(b)(3). In addition,
a definition of ‘‘full cooperation’’ has
been added to the clause at DFARS
252.225–7039 to allay concerns about
waiver of attorney-client privilege.
• The remedies at DFARS 225.370–
5(a) have been revised to remove
paragraph (a)(4), a discussion of the
right to terminate for default, because
this right is already covered by the
contract termination clauses.
• The applicability of the rule
(DFARS 225.370–2, 225.370–4(b), and
225.370–6) and references to the title of
DoDI 3020.50 at DFARS 225.370–4 and
252.225–7039(b)(2)(i)) have been
updated to conform to the revised DoDI
3020.50.
B. Analysis of Public Comments
1. Definition of Private Security
Functions
Comment: Two respondents
commented that the definition of
‘‘private security functions’’ was (a) too
broad and (b) inconsistent among the
DoDI, the DFARS text, and the clause at
DFARS 252.225–7039, Contractors
Performing Private Security Functions.
Response: The definition of ‘‘private
security functions’’ has been revised to
limit the definition to the specified
criteria all inclusive (rather than just
‘‘including’’ the criteria), consistent
with the DoDI. The essence of the
definition cannot be changed
substantially in the DFARS from that in
the controlling DoDI.
2. The Contractor’s Requirement To
Ensure Compliance of Contractor
Personnel Performing Private Security
Functions
Comment: One respondent stated that
the requirement for prime contractors to
ensure that personnel performing
private security functions comply with
numerous administrative and reporting
requirements and are briefed on and
understand various enumerated laws,
regulations, orders, directives,
instructions, and rules related to the
private security function imposes
‘‘untenable oversight, policing, and
enforcement obligations,’’ particularly
for non-private security function prime
contractors that subcontract with a
private security function provider. The
respondent recommended that the
prime contractor’s obligation be limited
to the administrative functions of
passing the requirements on to the
private security function provider and
conducting audits or other
administrative review functions to
verify compliance.
Response: No change has been made
in the final rule because the law, at
E:\FR\FM\15JNR1.SGM
15JNR1
]]>Agencies
[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35879-35883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14259]
[[Page 35879]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 203, 204, 212, 213, 217, 219, 222, 225, 233, 243,
252, and Appendix I to Chapter 2
RIN 0750-AH55
Defense Federal Acquisition Regulation Supplement: Title 41
Positive Law Codification--Further Implementation (DFARS Case 2012-
D003)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule to amend the Defense Federal
Acquisition Regulation Supplement (DFARS) to conform statutory titles
throughout the DFARS to the new Positive Law Codification of Title 41,
United States Code, ``Public Contracts.''
DATES: June 15, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
371-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 76 FR
78874 on December 20, 2011. The comment period closed on February 21,
2012. One respondent submitted a public comment in response to the
proposed rule.
DoD is updating the historical names of the Acts in the DFARS
(e.g., the ``Service Contract Act of 1965'' is now the ``Service
Contract Labor Standards statute''). A table providing the historical
titles of the Acts, the present statutory citation, and the new titles
of the statutes is being proposed under FAR case 2011-018 for inclusion
at FAR 1.110. That table will cover acts under both titles 40 and 41.
Additionally, editorial changes are being made to conform to DFARS
drafting conventions.
Although there were no substantive changes to the meaning of the
statutes, there were some changes in terminology.
II. Discussion and Analysis
One respondent submitted two edits, which have been incorporated in
the final rule at 225.1101(2)(i)(C) and 225.7000(b).
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 certifies that this final rule will not 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 the rule does not change any policies or requirements. It just
changes and updates references and terminology. Additionally, the
proposed rule published at 76 FR 78874 on December 20, 2011, invited
comments from small businesses and other interested parties. No
comments were received from small entities on the affected DFARS
subparts with regard to small businesses. Therefore, a Final Regulatory
Flexibility Analysis has not been performed.
V. Paperwork Reduction Act
The 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 Parts 201, 203, 204, 212, 213, 217, 219,
222, 225, 233, 243, 252, and Appendix I to Chapter 2
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 203, 204, 212, 213, 217, 219, 222,
225, 233, 243, 252, and 48 CFR chapter 2 appendix I are amended as
follows:
0
1. The authority citation for 48 CFR parts 201, 204, 212, 213, 217,
219, 225, 243, 252, and 48 CFR chapter 2 appendix I continues to read
as follows:
Authority: 41 U.S.C. 1303 and CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
201.107 [Amended]
0
2. Section 201.107 introductory text is amended by removing ``In
accordance with section 29 of the Office of Federal Procurement Policy
Act (41 U.S.C. 1304)'' and adding ``In accordance with 41 U.S.C. 1304''
in its place.
201.304 [Amended]
0
3. Section 201.304 is amended in paragraph (2) introductory text in by
removing ``In accordance with section 29 of the Office of Federal
Procurement Policy Act (41 U.S.C. 1304)'' and adding ``In accordance
with 41 U.S.C. 1304'' in its place.
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
4. The authority citation for 48 CFR part 203 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1
203.070 [Amended]
0
5. Section 203.070 is amended in paragraph (f) by removing ``Anti-
kickback Act'' and adding ``Kickbacks'' in its place.
203.502-2 [Amended]
0
6. Section 203.502-2 is amended in paragraph (h) introductory text by
removing ``under the Anti-Kickback Act of 1986'' and adding ``under 41
U.S.C. chapter 87, Kickbacks'' in its place.
PART 204--ADMINISTRATIVE MATTERS
204.1202 [Amended]
0
7. Section 204.1202 is amended--
0
a. In paragraph (2)(v), by removing ``Buy American Act--Balance of
Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place; and
0
b. In paragraph (2)(ix), by removing ``Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place.
0
8. In 204.7003, revise paragraph (a)(3)(vi) to read as follows:
204.7003 Basic PII number.
(a) * * *
(3) * * *
(vi) Contracting actions placed with or through other Government
departments or agencies or against contracts placed
[[Page 35880]]
by such departments or agencies outside the DoD (including actions from
nonprofit agencies employing people who are blind or severely disabled
(AbilityOne), and the Federal Prison Industries (UNICOR))--F
* * * * *
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [Amended]
0
9. Section 212.301 is amended--
0
a. In paragraph (f)(i)(A) by removing ``Buy American Act--Balance of
Payments Program Certificate'' and adding ``Buy American--Balance of
Payments Program Certificate'' in its place; and
0
b. In paragraph (f)(i)(C), removing ``Buy American Act--Free Trade
Agreements--Balance of Payments Program Certificate'' and adding ``Buy
American--Free Trade Agreements--Balance of Payments Program
Certificate'' in its place.
212.7102-1 [Amended]
0
10. Section 212.7102-1 is amended in paragraph (e)(2) by removing
``section 26 of the Office of Federal Procurement Policy Act (41 U.S.C.
1502)'' and adding ``41 U.S.C. 1502'' in its place.
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
213.301 [Amended]
0
11. Section 213.301 is amended in paragraph (1) by removing
``Continental Shelf lands'' and adding ``Continental Shelf'' in its
place.
213.302-5 [Amended]
0
12. Section 213.302-5 is amended--
0
a. In the first sentence of paragraph (d) introductory text by removing
``Buy American Act--Supplies'' and adding ``Buy American--Supplies'' in
its place and in the second sentence, removing ``Buy American Act'' and
adding ``Buy American statute'' in its place; and
0
b. Removing ``Act'' from paragraphs (d)(i) and (d)(ii).
PART 217--SPECIAL CONTRACTING METHODS
217.7000 [Amended]
0
13. Section 217.7000 is amended by removing ``Section 201(c) of the
Federal Property and Administrative Services Act of 1949, 63 Stat. 384,
as amended (40 U.S.C. 481(c))'' and adding ``40 U.S.C. 503'' in its
place.
PART 219--SMALL BUSINESS PROGRAMS
219.703 [Amended]
0
14. Section 219.703 is amended in paragraph (a) by removing ``the
Javits-Wagner-O'Day Act (41 U.S.C. 8502-8504)'' and adding ``41 U.S.C.
chapter 85'' in its place.
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
15. The authority citation for 48 CFR part 222 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and CFR chapter 1.
Subpart 222.3--[Amended]
0
16. Subpart 222.3 is amended in the subpart heading by removing
``Act''.
222.302 [Amended]
0
17. Section 222.302 is amended in the introductory text by removing
``Act''.
0
18. Section 222.402-70 is amended by revising paragraph (a)
introductory text and paragraphs (b), (c), (d), and (f) to read as
follows:
222.402-70 Installation support contracts.
(a) Apply both the Service Contract Labor Standards statute and the
Construction Wage Rate Requirements statute to installation support
contracts if--
* * * * *
(b) Service Contract Labor Standards statute coverage under the
contract. Contract installation support requirements, such as plant
operation and installation services (i.e., custodial, snow removal,
etc.) are subject to the Service Contract Labor Standards. Apply
Service Contract Labor Standards clauses and minimum wage and fringe
benefit requirements to all contract service calls or orders for such
maintenance and support work.
(c) Construction Wage Rate Requirements statute coverage under the
contract. Contract construction, alteration, renovation, painting, and
repair requirements (i.e., roof shingling, building structural repair,
paving repairs, etc.) are subject to the Construction Wage Rate
Requirements statute. Apply Construction Wage Rate Requirements clauses
and minimum wage requirements to all contract service calls or orders
for construction, alteration, renovation, painting, or repairs to
buildings or other works.
(d) Repairs versus maintenance. Some contract work may be
characterized as either Construction Wage Rate Requirements painting/
repairs or Service Contract Labor Standards maintenance. For example,
replacing broken windows, spot painting, or minor patching of a wall
could be covered by either the Construction Wage Rate Requirements or
the Service Contract Labor Standards. In those instances where a
contract service call or order requires construction trade skills
(i.e., carpenter, plumber, painter, etc.), but it is unclear whether
the work required is Service Contract Labor Standards maintenance or
Construction Wage Rate Requirements painting/repairs, apply the
following rules:
(1) Individual service calls or orders which will require a total
of 32 or more work hours to perform shall be considered to be repair
work subject to the Construction Wage Rate Requirements.
(2) Individual service calls or orders which will require less than
32 work hours to perform shall be considered to be maintenance subject
to the Service Contract Labor Standards.
(3) Painting work of 200 square feet or more to be performed under
an individual service call or order shall be considered to be subject
to the Construction Wage Rate Requirements statute regardless of the
total work hours required.
* * * * *
(f) Contracting officers may not avoid application of the
Construction Wage Rate Requirements statute by splitting individual
tasks between orders or contracts.
0
19. The 222.404 section heading is revised to read as follows:
222.404 Construction Wage Rate Requirements statute wage
determinations.
* * * * *
0
20. Section 222.406-1 is amended by revising paragraph (b)(1)(A)(1),
and in paragraph (b)(1)(A)(2) by removing the word ``Act'' and adding
``statute'' in its place.
The revision reads as follows:
222.406-1 Policy.
* * * * *
(b) * * *
(1) * * *
(A) * * *
(1) Construction Wage Rate Requirements statute.
* * * * *
222.406-8 [Amended]
0
21. Section 222.406-8 is amended in paragraph (c)(4)(A) introductory
text by removing ``Contract Work Hours and Safety Standards Act
(CWHSSA)'' and adding ``Contract Work Hours and Safety Standards
(CWHSS) statute'' in its place.
[[Page 35881]]
222-406-9 [Amended]
0
22. Section 222.406-9 is amended in paragraph (a) by removing ``Davis-
Bacon or CWHSSA'' and adding ``Construction Wage Rate Requirements or
CWHSS statute'' in its place.
0
23. Section 222.406-13 is amended--
0
a. In the introductory text by removing ``Davis-Bacon Act and the
CWHSSA'' and adding ``Construction Wage Rate Requirements statute and
the CWSS statute'' in its place;
0
b. By revising paragraphs (7)(i) and (ii) and (8)(i) and (ii);
0
c. In paragraph (9) introductory text by removing ``CWHSSA'' and adding
``CWSS statute'' in its place;
0
d. In paragraph (9)(i), by adding ``; and'' to the end; and
0
e. By revising paragraphs (10)(i) and (ii).
The revisions read as follows:
222.406-13 Semiannual enforcement reports.
* * * * *
(7) * * *
(i) Construction Wage Rate Requirements statute; and
(ii) CWSS statute;
(8) * * *
(i) Construction Wage Rate Requirements statute; and
(ii) CWHSS statute;
* * * * *
(10) * * *
(i) Construction Wage Rate Requirements statute;
(ii) CWSS statute;
* * * * *
Subpart 222.10--Service Contract Labor Standards
0
24. The subpart 222.10 heading is revised as set forth above.
Subpart 222.14--Employment of Workers with Disabilites
0
25. The subpart 222.14 heading is revised to read as set forth above.
PART 225--FOREIGN ACQUISITION
225.003 [Amended]
0
26. Section 225.003 is amended in paragraphs (4) and (11) by removing
``Act'' each time it appears.
Subpart 225.1--Buy American--Supplies
0
27. The subpart 225.1 is revised to read as set forth above.
225.103 [Amended]
0
28a. Section 225.103 is amended--
0
a. In paragraph (a)(i)(B) by removing ``Buy American Act'' and adding
``Buy American statute'' in its place; and
0
b. In paragraph (a)(ii)(A) introductory text by removing ``Subpart
225.5'' and adding ``subpart 225.5'' in its place and by removing ``Buy
American Act'' and adding ``Buy American statute'' in its place.
Subpart 225.2--Buy American--Construction Materials
0
28b. The subpart 225.2 heading is revised to read as set forth above.
225.502 [Amended]
0
29. Section 225.502 is amended--
0
a. In paragraphs (c) introductory text and (c)(iii)(C), by removing
``Buy American Act'' and adding ``Buy American statute'' in its place;
0
b. In paragraph (c)(i)(A), by removing ``Buy American Act'' and ``Buy
American Act or Balance of Payments Program'' and adding ``Buy American
statute'' and ``Buy American or Balance of Payments Program'',
respectively, in its place; and
0
c. In paragraphs (c)(i)(B), (c)(ii)(C), (c)(ii)(D), and (c)(iii)(A), by
removing ``Act''.
225.872-1 [Amended]
0
30. Section 225.872-1 is amended in paragraphs (a) introductory text
and (b) introductory text by removing ``Buy American Act'' and adding
``Buy American statute'' in its place.
225.872-4 [Amended]
0
31. Section 225.872-4 is amended by removing ``Buy American Act'' and
adding ``Buy American statute'' in its place.
225.1101 [Amended]
0
32. Section 225.1101 is amended--
0
a. In paragraphs (1)(i), (2)(i) introductory text, (2)(i)(D)(2),
(3)(i), (3)(iii), (10)(i), (11)(i) introductory text, and (11)(iii), by
removing ``Act'' each time it appears; and
0
b. In paragraph (2)(i)(C), removing ``Act'' and adding ``statute'' in
its place.
225.7000 [Amended]
0
33. Section 225.7000 is amended in paragraph (b) by removing ``Buy
American Act'' and adding ``Buy American statute'' in its place.
225.7017-3 [Amended]
0
34. Section 225.7017-3 is amended in paragraph (a) by removing ``Buy
American Act'' and adding ``Buy American statute'' in its place.
PART 233--PROTESTS, DISPUTES, AND APPEALS
0
35. The authority citation for 48 CFR part 233 is revised to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
233.204-70 [Amended]
0
36. Section 233.204-70 is amended by removing ``the Contract Disputes
Act of 1978'' and adding ``41 U.S.C. chapter 71 (Contract Disputes)''
in its place.
PART 243--CONTRACT MODIFICATIONS
0
37. Section 243.204-71 is amended in paragraph (c) in the first
sentence by removing ``the Contract Disputes Act of 1978 (41 U.S.C.
7103)'' and adding ``41 U.S.C. 7103, Disputes'' in its place, and in
the second sentence, removing ``Contract Disputes Act'' and adding
``Contract Disputes statute'' in its place and removing ``Subpart'' and
adding ``subpart'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.204-7007 [Amended]
0
38. Section 252.204-7007 is amended by removing the clause date ``(SEP
2011)'' and adding ``(JUN 2012)'' in its place and in paragraphs
(d)(2)(ii) and (d)(2)(vi) by removing ``Act''.
252.212-7001 [Amended]
0
39. Section 252.212-7001 is amended by--
0
a. Removing the clause date ``(SEP 2011)'' and adding ``(JUN 2012)'' in
its place;
0
b. In paragraphs (b)(4), (b)(22), and (c)(4), removing ``(SEP 2011)''
and adding ``(JUN 2012)'' in its place;
0
c. In paragraphs (b)(6)(i) by removing ``Act'' and by removing ``(OCT
2011)'' and adding ``(JUN 2012)'' in its place;
0
d. In paragraph (b)(8) by removing ``(JAN 2011)'' and adding ``(JUN
2012)'' in its place; and
0
e. In paragraph (b)(13)(i) by removing ``(MAY 2012)'' and adding ``(JUN
2012)'' in its place.
0
f. In paragraph (b)(16)(i) by removing ``(MAY 2012)'' and adding ``(JUN
2012)'' in its place; and
0
g. In paragraphs (b)(16)(ii) through (iv) by removing ``(OCT 2011)''
and adding ``(JUN 2012)'' in its place;
0
h. In paragraphs (b)(16)(v) and (vi), by removing ``(MAY 2012)'' and
adding ``(JUN 2012)'' in its place; and
0
i. In paragraphs (b)(18) and (c)(1), removing ``(AUG 2011)'' and adding
``(JUN 2012)'' in its place.
252.212-7002 [Amended]
0
40. Section 252.212-7002 is amended by removing the clause date ``(JUN
2011)'' and adding ``(JUN 2012)'' in its place and in the definition
[[Page 35882]]
``Nontraditional defense contractor'', paragraph (1), removing
``Section 26 of the Office of Federal Procurement Policy Act (41 U.S.C.
section 1502)'' and adding ``41 U.S.C. section 1502'' in its place.
252.217-7002 [Amended]
0
41. Section 252.217-7002 is amended by removing the clause date ``(DEC
1991)'' and adding ``(JUN 2012)'' in its place and in paragraph (a),
removing ``Section 201(c) of the Federal Property and Administrative
Services Act of 1949, 63 Stat. 384 (40 U.S.C. 481(c))'' and adding ``40
U.S.C. 503'' in its place.
252.219-7003 [Amended]
0
42. Section 252.219-7003 is amended--
0
a. By removing the clause date ``(SEP 2011)'' and adding ``(JUN 2012)''
in its place;
0
b. In paragraph (e) introductory text by removing ``Section 831'' and
adding ``section 831'' in its place; and
0
c. In paragraph (e)(1), by removing ``handicapped'' and adding
``disabled'' in its place.
0
43. Section 252.225-7000 is amended:
0
a. By revising the section heading;
0
b. By removing ``Act'' from the provision title;
0
c. By removing the clause date ``(DEC 2009)'' and adding ``(JUN 2012)''
in its place;
0
d. In paragraph (b)(2) by removing ``Act'' and adding'' statute'' in
its place; and
0
e. In paragraph (c)(1) introductory text by removing ``Act''.
The revision reads as follows:
252.225-7000 Buy American Statute--Balance of Payments Program
Certificate.
* * * * *
252.225-7001 [Amended]
0
44. Section 252.225-7001 is amended--
0
a. By revising the section heading;
0
b. By removing ``Act'' from the provision title;
0
c. By removing the clause date ``(OCT 2011)'' and adding ``(JUN 2012)''
in its place;
0
d. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', paragraph (ii), by removing ``section 3 of the
Shipping Act of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C.
40102(4)'' in its place;
0
d. In paragraph (a), in the definition of ``Domestic end product'',
paragraph (ii)(A)(2), by removing ``Act'' and adding ``statute'' in its
place;
0
e. In paragraph (b) in the first sentence, by removing ``the Buy
American Act (41 U.S.C chapter 83)'' and adding ``, Buy American'' in
its place and in the second sentence, removing ``Act'' and adding
``statute'' in its place; and
0
f. In paragraph (c), by removing ``Act''.
252.225-7009 [Amended]
0
45. Section 252.225-7009 is amended by removing the clause date ``(JAN
2011)'' and adding ``(JUN 2012)'' in its place; and in paragraph
(a)(4)(ii), removing ``section 3 of the Shipping Act of 1984 (46 U.S.C.
App 1702)'' and adding ``46 U.S.C. 40102(4)'' in its place.
252.225-7013 [Amended]
0
46. Section 252.225-7013 is amended--
0
a. By removing the clause date ``(DEC 2009)'' and adding ``(JUN 2012)''
in its place;
0
b. In paragraph (a), by removing the numerical designations (1) through
(4) from the definitions;
0
c. In paragraph (a), in the definition ``Eligible product'', paragraph
(ii), by removing ``Bahrainian end product or a Moroccan end product,
as defined in the Buy American Act'' and adding ``Bahrainian end
product, a Moroccan end product, or a Peruvian end product, as defined
in the Buy American'' in its place, and in paragraph (iii), by removing
``Act''; and
0
d. In paragraph (a), in the definition ``Qualifying country'' and
``qualifying country end product'', removing ``Act'' each time it
appears.
252.225-7021 [Amended]
0
47. Section 252.225-7021 is amended by removing the clause date ``(MAY
2012)'' and adding ``(JUN 2012)'' in its place, and in paragraph (a),
in the definition ``Commercially available off-the-shelf (COTS) item'',
paragraph (ii), by removing ``section 4 of the Shipping Act of 1984 (46
U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.
252.225-7035 [Amended]
0
48. Section 252.225-7035 is amended--
0
a. By revising the section heading;
0
b. In the clause title by removing ``Act'';
0
c. By removing the clause date ``(DEC 2010)'' and adding ``(JUN 2012)''
in its place;
0
d. In paragraphs (a) and (b)(2) by removing ``Act'';
0
e. In introductory paragraph (c)(1), removing ``Buy American Act'' and
adding ``Buy American'' in its place;
0
f. In Alternate II, by removing the clause date ``(DEC 2010)'' and
adding ``(JUN 2012)'' in its place; and in Alternate II, paragraph
(b)(2), removing ``Act''; and
0
g. In Alternate III, removing the clause date ``(DEC 2010)'' and adding
``(JUN 2012)'' in its place; and in Alternate III, paragraphs (a) and
(b)(2), removing ``Act''.
The revision reads as follows:
252.225-7035 Buy American--Free Trade Agreements--Balance of Payments
Program Certificate.
* * * * *
0
49. Section 252.225-7036 is amended--
0
a. By revising the section heading;
0
b. In the clause title by removing ``Act'';
0
c. By removing the clause date ``(MAY 2012)'' and adding ``(JUN 2012)''
in its place;
0
c. In paragraph (a), in the definition ``Commercially available off-
the-shelf (COTS) item'', paragraph (ii), by removing ``section 3 of the
Shipping Act of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C.
40102(4)'' in its place;
0
d. In paragraph (a), in the definition ``Domestic end product'',
paragraph (ii)(A)(2), by removing ``Act'' and adding ``statute'' in its
place;
0
e. In paragraph (c) by removing ``Act''; and
0
f. In Alternates I, II, and III, by removing the clause date ``(OCT
2011)'' and adding ``(JUN 2012)'' in its place and in paragraph (c),
removing ``Act''.
The revision reads as follow:
252.225-7036 Buy American--Free Trade Agreements--Balance of Payments
Program.
* * * * *
252.225-7044 [Amended]
0
50. Section 252.225-7044 is amended by removing the clause date ``(DEC
2010)'' and adding ``(JUN 2012)'' in its place and in paragraph (a), in
the definition ``Commercially available off-the-shelf (COTS) item'',
paragraph (2), by removing ``section 3 of the Shipping Act of 1984 (46
U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.
252.227-7037 [Amended]
0
51. Section 252.225-7037 is amended--
0
a. By removing the clause date ``(APR 2012)'' and adding ``(JUN 2012)''
in its place;
0
b. In paragraph (e)(3), by removing ``the Contract Disputes Act of 1978
(41 U.S.C. 7101)'' and adding ``41 U.S.C. 7101, Contract Disputes'' in
its place; and
0
c. In paragraph (g)(2)(iv), removing ``Act'' and adding ``statute'' in
its place.
[[Page 35883]]
252.227-7038 [Amended]
0
52. Section 252.225-7038 is amended by removing the clause date ``(DEC
2007)'' and adding ``(JUN 2012)'' in its place and in paragraph
(l)(2)(ii), by removing ``Act'' and adding ``statute'' in its place.
252.244-7001 [Amended]
0
53. Section 252.244-7001 is amended by removing the clause date ``(MAY
2011)'' and adding ``(JUN 2012)'' in its place and in paragraph
(c)(17), by removing ``the Anti-Kickback Act'' and adding ``41 U.S.C.
chapter 87, Kickbacks'' in its place.
0
54. In appendix I to chapter 2, section I-101.4 is revised to read as
follows:
Appendix I to Chapter 2--Policy and Procedures for the DOD Pilot
Mentor-Protege Program
* * * * *
I-101.4 Severely disabled individual.
An individual who has a physical or mental disability which
constitutes a substantial handicap to employment and which, in
accordance with criteria prescribed by the Committee for Purchase
from People Who Are Blind or Severely Disabled established by the
first section of the Act of June 25, 1938 (41 U.S.C. 8502), is of
such a nature that the individual is otherwise prevented from
engaging in normal competitive employment.
* * * * *
[FR Doc. 2012-14259 Filed 6-14-12; 8:45 am]
BILLING CODE 5001-06-P
