Defense Federal Acquisition Regulation Supplement; Technical Amendments, 43469-43470 [2012-17586]
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Vol. 77
Tuesday,
No. 142
July 24, 2012
Part III
Department of Defense
srobinson on DSK4SPTVN1PROD with RULES3
Defense Acquisition Regulations System
48 CFR Parts 204, 212, 215 et al.
Defense Federal Acquisition Regulations; Final Rules and Proposed Rules
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43470
Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations
2. Section 252.204–7007 is
amended—
■ a. By removing the clause date ‘‘(JUN
2012)’’ and adding ‘‘(JUL 2012)’’ in its
place; and
■ b. By adding paragraph (d)(1)(vii) to
read as follows:
■
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
252.204–7007 Alternate A, Annual
Representations and Certifications.
*
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
DATES: Effective Date: July 24, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Ynette Shelkin, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6089; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Adds paragraph (d)(1)(vii) to clause
252.204–7007, Alternate A, Annual
Representations and Certifications,
which was inadvertently removed from
the Code of Federal Regulations with
the publication of DFARS Case 2011–
D048 (77 FR 19128), and makes a
conforming change to the clause date.
2. Conforms statutory titles to the new
Positive Law Codification of Title 41,
United Sates Code, ‘‘Public Contracts,’’
in Alternates IV and V of clause
252.225–7036, Buy American—Free
Trade Agreements—Balance of
Payments Program and makes
conforming changes to the dates of the
Alternates, which were inadvertently
omitted from publication of the final
rule under DFARS Case 2012–D003 (77
FR 35879).
SUMMARY:
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations
System.
srobinson on DSK4SPTVN1PROD with RULES3
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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252.225–7036
[Amended]
3. Section 252.225–7036 is amended
in Alternates IV and V by removing the
clause date ‘‘(MAY 2012)’’ and adding
‘‘(JUN 2012)’’ in its place and in
paragraph (c), by removing ‘‘Act’’.
■
[FR Doc. 2012–17586 Filed 7–23–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 215, 225, and 252
RIN 0750–AH42
Defense Federal Acquisition
Regulation Supplement: Contracting
With the Canadian Commercial
Corporation (DFARS Case 2011–D049)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify the requirements for
the Canadian Commercial Corporation
to submit data other than certified cost
or pricing data.
DATES: Effective date: July 24, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, telephone 571–372–
6106.
SUMMARY:
SUPPLEMENTARY INFORMATION:
I. Background
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
*
*
*
*
(d) * * *
(1) * * *
(vii) 252.247–7022, Representation of
Extent of Transportation by Sea. Applies
to all solicitations except those for
direct purchase of ocean transportation
services or those with an anticipated
value at or below the simplified
acquisition threshold.
*
*
*
*
*
DoD published a proposed rule in the
Federal Register at 76 FR 61296 on
October 4, 2011. DoD also issued a
correction to a sentence in the
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Background Summary of the Federal
Register notice on October 18, 2011, at
76 FR 64297. One respondent submitted
public comments in response to the
proposed rule.
With some exceptions, as provided at
DFARS 225.870–1(c), the Canadian
Commercial Corporation awards and
administers DoD contracts with
contractors located in Canada. DoD has
waived the requirement for the
Canadian Commercial Corporation and
its subcontractors to submit certified
cost or pricing data (see DFARS
215.403–1(c)(4)(C)). However, the
purpose of this rule is to clarify that the
requirement to submit data other than
certified cost or pricing data has not
been waived.
II. Discussion and Analysis
A. Summary of Significant Changes in
the Final Rule as a Result of Public
Comments
1. DFARS 215.408(5) has been revised
to raise the threshold for costreimbursement contracts from the
simplified acquisition threshold to
$700,000.
2. DFARS 215.408(5) has also raised
the level to which the head of the
contracting activity can delegate
approval authority for using the
provision at 252.215–7003 and the
clause at 252.215–7004 in accordance
with 215.408(5)(i)(B) and (ii)(B),
respectively, from one level above the
contracting officer to two levels above
the contracting officer.
3. DFARS 225.870–4(c)(5) and
252.215–7003 now include the text at
FAR 15.403–3(a)(4) to notify the
contracting officer and the offerors that
in order to be eligible for award, offerors
must provide data necessary to
determine that the price is fair and
reasonable.
4. The clause at 252.215–7004 has
been revised to require data other than
certified cost or pricing data for
modifications only when they exceed
the simplified acquisition threshold.
The contracting officer may modify the
clause to specify a higher threshold.
B. Analysis of Public Comments
1. Use of Domestic Policies, Procedures,
and Practices
Comment: The respondent cited the
Defence Production Sharing Agreement
of 1956 and the need to apply Canadian
domestic policies, practices, and
procedures when conducting price
analysis on a Canadian supplier.
Response: Data other than certified
cost or pricing data can be released in
line with Canadian laws and
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]]>Agencies
[Federal Register Volume 77, Number 142 (Tuesday, July 24, 2012)]
[Rules and Regulations]
[Pages 43469-43470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17586]
[[Page 43469]]
Vol. 77
Tuesday,
No. 142
July 24, 2012
Part III
Department of Defense
-----------------------------------------------------------------------
Defense Acquisition Regulations System
-----------------------------------------------------------------------
48 CFR Parts 204, 212, 215 et al.
Defense Federal Acquisition Regulations; Final Rules and Proposed Rules
Federal Register / Vol. 77 , No. 142 / Tuesday, July 24, 2012 / Rules
and Regulations
[[Page 43470]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 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.
DATES: Effective Date: July 24, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Ynette Shelkin, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6089;
facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as
follows:
1. Adds paragraph (d)(1)(vii) to clause 252.204-7007, Alternate A,
Annual Representations and Certifications, which was inadvertently
removed from the Code of Federal Regulations with the publication of
DFARS Case 2011-D048 (77 FR 19128), and makes a conforming change to
the clause date.
2. Conforms statutory titles to the new Positive Law Codification
of Title 41, United Sates Code, ``Public Contracts,'' in Alternates IV
and V of clause 252.225-7036, Buy American--Free Trade Agreements--
Balance of Payments Program and makes conforming changes to the dates
of the Alternates, which were inadvertently omitted from publication of
the final rule under DFARS Case 2012-D003 (77 FR 35879).
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 252.204-7007 is amended--
0
a. By removing the clause date ``(JUN 2012)'' and adding ``(JUL 2012)''
in its place; and
0
b. By adding paragraph (d)(1)(vii) to read as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
(d) * * *
(1) * * *
(vii) 252.247-7022, Representation of Extent of Transportation by
Sea. Applies to all solicitations except those for direct purchase of
ocean transportation services or those with an anticipated value at or
below the simplified acquisition threshold.
* * * * *
252.225-7036 [Amended]
0
3. Section 252.225-7036 is amended in Alternates IV and V by removing
the clause date ``(MAY 2012)'' and adding ``(JUN 2012)'' in its place
and in paragraph (c), by removing ``Act''.
[FR Doc. 2012-17586 Filed 7-23-12; 8:45 am]
BILLING CODE 5001-06-P
