Defense Federal Acquisition Regulation Supplement; Technical Amendments, 52253-52254 [2012-21053]
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Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
I. Background
DoD published an interim rule in the
Federal Register at 77 FR 19127 on
March 30, 2012, to implement section
814(b) of the National Defense
Authorization Act for Fiscal Year 2012
(Pub. L. 112–81). The interim rule
adjusted the dollar limitation on the
acquisition of right-hand drive
passenger sedans from $30,000 per
vehicle to $40,000 per vehicle, and
included this dollar limitation on the
list of statutory acquisition-related
dollar thresholds subject to inflation
adjustment in accordance with the
requirements of 41 U.S.C. 1908. One
respondent submitted a public comment
in response to the interim rule.
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 201 and
212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 201 and 212,
which was published at 77 FR 19127 on
March 30, 2012, is adopted as a final
rule without change.
■
[FR Doc. 2012–21062 Filed 8–28–12; 8:45 am]
52253
7. Makes a conforming change to
clause 252.225–7017(a) to add Armenia
to the definition of ‘‘Designated
country’’, which was inadvertently
omitted from publication of the final
rule under DFARS Case 2011–D046 (77
FR 30368). The final rule for DFARS
Case 2011–D057 (77 FR 4631) had
previously added Armenia as a World
Trade Organization Government
Procurement Agreement country and a
designated county.
List of Subjects in 48 CFR Parts 209,
210, 215, 217, 230, 237, 245, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
II. Discussion and Analysis of the
Public Comments
BILLING CODE 5001–06–P
The respondent concurred with the
inflation threshold increase listed at
DFARS 212.271. There were no
comments suggesting changes to the
interim rule. Therefore, DoD is
finalizing the interim rule without
change.
DEPARTMENT OF DEFENSE
48 CFR Parts 209, 210, 215, 217, 230,
237, 245, and 252
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
III. Executive Orders 12866 and 13563
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
PART 209—CONTRACTOR
QUALIFICATIONS
Defense Acquisition Regulations
System
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.
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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 it merely adjusts upward the
current limitation for acquisition of
right-hand drive passenger vehicles
from $30,000 to $40,000 due to
inflation.
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
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17:09 Aug 28, 2012
Jkt 226001
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: August 29, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Manuel Quinones, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6088; facsimile
571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Clarifies the designation at
209.403(1) for the Department of Army
debarring and suspending official.
2. Revises codes of offices designated
to receive reports referenced at 215.403–
1(c)(3)(B) and 230.201–5.
3. Directs contracting officers to
additional DFARS procedures,
guidance, and information by adding
references at 210.002, 217.7404,
237.102–77, and 237.102–78.
4. Corrects a form title at 245.7001–6.
6. Corrects a typographical error in
clause 252.219–7003, paragraph (f), and
revises the clause date.
SUMMARY:
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Therefore, 48 CFR parts 209, 210, 215,
217, 230, 237, 245, and 252 are
amended as follows:
■ 1. The authority citation for 48 CFR
parts 209, 215, 217, 245, and 252
continues to read as follows:
209.403
[Amended]
2. Section 209.403(1) is amended by
removing ‘‘Director, Soldier & Family
Legal Services’’ and adding in its place
‘‘Army—Director, Soldier & Family
Legal Services’’.
■
PART 210—MARKET RESEARCH
3. The authority citation for 48 CFR
210 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
4. Section 210.002 is added to read as
follows:
■
210.002
Procedures.
When contracting for services, see the
market research report guide for
improving the tradecraft in services
acquisition at PGI 210.070.
PART 215—CONTRACTING BY
NEGOTIATION
215.403–1
[Amended]
5. Section 215.403–1(c)(3)(B) is
amended by removing ‘‘ATTN: DPAP/
CPF’’ and adding in its place ‘‘ATTN:
DPAP/CPIC’’.
■
PART 217—SPECIAL CONTRACTING
METHODS
6. Section 217.7404 is amended by
adding introductory text to read as
follows:
■
E:\FR\FM\29AUR1.SGM
29AUR1
52254
217.7404
Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations
Limitations.
PART 230—COST ACCOUNTING
STANDARDS ADMINISTRATION
7. The authority citation for 48 CFR
230 is revised to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
230.201–5
a. Amending the clause date by
removing ‘‘(JUN 2012)’’ and adding in
its place ‘‘(AUG 2012)’’; and
■ b. Amending paragraph (f) by
removing the word ‘‘approval’’ and
adding in its place ‘‘approved’’.
■
See PGI 217.7404 for additional
guidance on obtaining approval to
authorize use of an undefinitized
contract action, documentation
requirements, and other limitations on
their use.
*
*
*
*
*
[Amended]
8. Section 230.201–5(e) is amended by
removing ‘‘ATTN: DPAP/CPF’’ and
adding in its place ‘‘ATTN: DPAP/
CPIC’’.
■
252.225–7017
[Amended]
14. Section 252.225–7017 is amended
by—
■ a. Amending the clause date by
removing ‘‘(JUN 2012)’’ and adding in
its place ‘‘(AUG 2012)’’; and
■ b. Amending the paragraph (a)
definition of ‘‘Designated country’’ at
paragraph (i) by adding the country of
Armenia within the parentheses at the
beginning of the (WTO GPA) country
list.
■
[FR Doc. 2012–21053 Filed 8–28–12; 8:45 am]
BILLING CODE 5001–06–P
PART 237—SERVICE CONTRACTING
DEPARTMENT OF DEFENSE
■
9. The authority citation for 48 CFR
237 is revised to read as follows:
Defense Acquisition Regulations
System
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
48 CFR Parts 211, 212, and 252
■
10. Section 237.102–77 is added to
read as follows:
RIN 0750–AG83
237.102–77 Automated requirements
roadmap tool.
Defense Federal Acquisition
Regulation Supplement: Reporting of
Government-Furnished Property
(DFARS Case 2012–D001)
See PGI 237.102–77 for guidance on
using the Automated Requirements
Roadmap Tool to develop and organize
performance requirements into draft
versions of the performance work
statement, the quality assurance
surveillance plan, and the performance
requirements summary.
■ 11. Section 237.102–78 is added to
read as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
See PGI 210.070 for guidance on use
of the market research report guide to
conduct and document market research
for service acquisitions.
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise and standardize
reporting requirements for Governmentfurnished property.
DATES: Effective Date: August 29, 2012.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, telephone 571–372–
6098.
SUPPLEMENTARY INFORMATION:
PART 245—GOVERNMENT PROPERTY
I. Background
237.102–78 Market research report guide
for improving the tradecraft in services
acquisition.
245.7001–6
[Amended]
12. In 245.7001–6, amend the section
heading by removing ‘‘DD Form 1822,’’
and adding in its place ‘‘DLA Form
1822,’’.
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■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.219–7003
[Amended]
13. Section 252.219–7003 is amended
by—
■
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17:09 Aug 28, 2012
Jkt 226001
SUMMARY:
DoD published a proposed rule under
DFARS Case 2009–D043 in the Federal
Register at 75 FR 80426 on December
22, 2010. Subsequently, DoD published
a second proposed rule, under DFARS
Case 2012–D001, in the Federal Register
at 76 FR 64885 on October 19, 2011, to
revise and standardize reporting
requirements for Government-furnished
property to include items uniquely and
non-uniquely identified, and to clarify
policy for contractor access to
Government supply sources. DoD held a
public meeting to discuss the second
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proposed rule on November 17, 2011.
One respondent submitted comments in
response to the second proposed rule.
Discussions from the public meeting
held to discuss the second proposed
rule, as well as the public comments,
were considered in drafting this final
rule.
II. Discussion and Analysis of the
Public Comments
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments is provided, as follows:
A. Summary of Significant Changes
The revisions modify and standardize
contractor Government property
reporting requirements, making
revisions that are necessary given DoD’s
emphasis on property accountability.
The final rule alters the requirements of
the current clause, which requires
Defense contractors to report (primarily)
Government-furnished equipment items
valued at $5,000 or more, to a new
requirement to report all serialized
Government-furnished property
regardless of unit acquisition value. The
revised reporting requirement includes
electronic receipt requirements, which
will be expanded to non-serialized
items by 2014. This effort is consistent
with Secretary of Defense memorandum
dated October 13, 2011, which
emphasizes both asset accountability
and the need to accelerate key elements
of DoD’s audit readiness plans.
B. Analysis of Public Comments
1. General
Comment: A respondent stated that
the rule is ‘‘premature.’’ The respondent
thought that the current DFARS and its
associated contract clause at 252.211–
7007, Reporting of GovernmentFurnished Property, should include a
summary of end processes for various
types of contracts, such as production,
depot, or services, and should include
references to business rules used in each
type of arrangement. The respondent
also proposed that the ‘‘military
departments must own the end to end
process and use the IUID registry as a
tool to manage process, programs and
items. The IUID Registry must be
integrated into other DoD business
management systems. A stand-alone
contractor centric system will not
provide sufficient benefits to sustain
existence.’’ In support of its position,
the respondent proposed to add to the
DFARS text, at 211.274–4, a new
paragraph (f) as follows:
E:\FR\FM\29AUR1.SGM
29AUR1
]]>Agencies
[Federal Register Volume 77, Number 168 (Wednesday, August 29, 2012)]
[Rules and Regulations]
[Pages 52253-52254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-21053]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 209, 210, 215, 217, 230, 237, 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.
DATES: Effective Date: August 29, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6088;
facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. Clarifies the designation at 209.403(1) for the Department of
Army debarring and suspending official.
2. Revises codes of offices designated to receive reports
referenced at 215.403-1(c)(3)(B) and 230.201-5.
3. Directs contracting officers to additional DFARS procedures,
guidance, and information by adding references at 210.002, 217.7404,
237.102-77, and 237.102-78.
4. Corrects a form title at 245.7001-6.
6. Corrects a typographical error in clause 252.219-7003, paragraph
(f), and revises the clause date.
7. Makes a conforming change to clause 252.225-7017(a) to add
Armenia to the definition of ``Designated country'', which was
inadvertently omitted from publication of the final rule under DFARS
Case 2011-D046 (77 FR 30368). The final rule for DFARS Case 2011-D057
(77 FR 4631) had previously added Armenia as a World Trade Organization
Government Procurement Agreement country and a designated county.
List of Subjects in 48 CFR Parts 209, 210, 215, 217, 230, 237,
245, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 209, 210, 215, 217, 230, 237, 245, and 252
are amended as follows:
0
1. The authority citation for 48 CFR parts 209, 215, 217, 245, and 252
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
209.403 [Amended]
0
2. Section 209.403(1) is amended by removing ``Director, Soldier &
Family Legal Services'' and adding in its place ``Army--Director,
Soldier & Family Legal Services''.
PART 210--MARKET RESEARCH
0
3. The authority citation for 48 CFR 210 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
4. Section 210.002 is added to read as follows:
210.002 Procedures.
When contracting for services, see the market research report guide
for improving the tradecraft in services acquisition at PGI 210.070.
PART 215--CONTRACTING BY NEGOTIATION
215.403-1 [Amended]
0
5. Section 215.403-1(c)(3)(B) is amended by removing ``ATTN: DPAP/CPF''
and adding in its place ``ATTN: DPAP/CPIC''.
PART 217--SPECIAL CONTRACTING METHODS
0
6. Section 217.7404 is amended by adding introductory text to read as
follows:
[[Page 52254]]
217.7404 Limitations.
See PGI 217.7404 for additional guidance on obtaining approval to
authorize use of an undefinitized contract action, documentation
requirements, and other limitations on their use.
* * * * *
PART 230--COST ACCOUNTING STANDARDS ADMINISTRATION
0
7. The authority citation for 48 CFR 230 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
230.201-5 [Amended]
0
8. Section 230.201-5(e) is amended by removing ``ATTN: DPAP/CPF'' and
adding in its place ``ATTN: DPAP/CPIC''.
PART 237--SERVICE CONTRACTING
0
9. The authority citation for 48 CFR 237 is revised to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
10. Section 237.102-77 is added to read as follows:
237.102-77 Automated requirements roadmap tool.
See PGI 237.102-77 for guidance on using the Automated Requirements
Roadmap Tool to develop and organize performance requirements into
draft versions of the performance work statement, the quality assurance
surveillance plan, and the performance requirements summary.
0
11. Section 237.102-78 is added to read as follows:
237.102-78 Market research report guide for improving the tradecraft
in services acquisition.
See PGI 210.070 for guidance on use of the market research report
guide to conduct and document market research for service acquisitions.
PART 245--GOVERNMENT PROPERTY
245.7001-6 [Amended]
0
12. In 245.7001-6, amend the section heading by removing ``DD Form
1822,'' and adding in its place ``DLA Form 1822,''.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.219-7003 [Amended]
0
13. Section 252.219-7003 is amended by--
0
a. Amending the clause date by removing ``(JUN 2012)'' and adding in
its place ``(AUG 2012)''; and
0
b. Amending paragraph (f) by removing the word ``approval'' and adding
in its place ``approved''.
252.225-7017 [Amended]
0
14. Section 252.225-7017 is amended by--
0
a. Amending the clause date by removing ``(JUN 2012)'' and adding in
its place ``(AUG 2012)''; and
0
b. Amending the paragraph (a) definition of ``Designated country'' at
paragraph (i) by adding the country of Armenia within the parentheses
at the beginning of the (WTO GPA) country list.
[FR Doc. 2012-21053 Filed 8-28-12; 8:45 am]
BILLING CODE 5001-06-P
