Defense Federal Acquisition Regulation Supplement: Contracting Activity Updates (DFARS Case 2012-D045), 76938-76939 [2012-31086]
Download as PDF
<![CDATA[
76938
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
252.203–7004
poster(s).
Display of fraud hotline
*
*
*
*
*
(b) * * *
(1) The Contractor shall display
prominently in common work areas
within business segments performing
work in the United States under
Department of Defense (DoD) contracts
DoD hotline posters prepared by the
DoD Office of the Inspector General.
DoD hotline posters may be obtained via
the Internet at https://www.dodig.mil/
HOTLINE/hotline_posters.htm.
*
*
*
*
*
252.227–7037
[Amended]
13. Section 252.227–7037 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.
■
252.227–7038
[Amended]
14. Section 252.227–7038 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.
■
252.247–7023
[Amended]
15. Section 252.247–7023
introductory text is amended by
removing ‘‘As prescribed in
247.573(b)(1)’’ and adding ‘‘As
prescribed in 247.574(b)(1)’’.
■
[FR Doc. 2012–31092 Filed 12–28–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 202
RIN 0750–AH81
Defense Federal Acquisition
Regulation Supplement: Contracting
Activity Updates (DFARS Case 2012–
D045)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
ebenthall on DSK5TPTVN1PROD with
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise the definitions of
SUMMARY:
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
‘‘contracting activity’’ and ‘‘departments
and agencies’’ found at DFARS subpart
202.101.
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Lesa Scott, telephone 571–372–6104.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule updates the list of
contracting activities and moves the list
to the DFARS Procedures, Guidance,
and Instruction (PGI) at 202.101. The
reorganization of DFARS 202.101 will
facilitate the rapid updating of
contracting activities as organizational
changes occur. This final rule—
• Revises the definition of
‘‘contracting activity’’ at DFARS 202.101
by removing the list of contracting
activities;
• Inserts a pointer at DFARS 202.101
to direct readers to PGI 202.101 for the
list of contracting activities that have
been delegated broad authority
regarding acquisition functions;
• Adds the updated list of contracting
activities to the PGI at 202.101; and
• Updates the definition of
‘‘departments and agencies.’’
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations,’’ 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it merely updates and moves
the list of contracting activities from
DFARS 202.101, Definitions, to a new
DFARS PGI section at 202.101,
Definitions. These requirements affect
only the internal operating procedures
of the Government.
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,
PO 00000
Frm 00130
Fmt 4700
Sfmt 4700
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
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
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 202
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 202 is
amended as follows:
PART 202—DEFINITIONS OF WORDS
AND TERMS
1. The authority citation for 48 CFR
part 202 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 202.101 is amended by—
a. Revising the ‘‘contracting activity’’
definition; and
■ b. Revising the ‘‘departments and
agencies’’ definition.
The revisions read as follows:
■
■
202.101
Definitions.
*
*
*
*
*
Contracting activity for DoD also
means elements designated by the
director of a defense agency which has
been delegated contracting authority
through its agency charter. DoD
contracting activities are listed at PGI
202.101.
*
*
*
*
*
Departments and agencies, as used in
DFARS, means the military departments
and the defense agencies. The military
departments are the Departments of the
Army, Navy, and Air Force (the Marine
E:\FR\FM\31DER1.SGM
31DER1
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
Corps is a part of the Department of the
Navy). The defense agencies are the
Defense Advanced Research Projects
Agency, the Defense Commissary
Agency, the Defense Contract
Management Agency, the Defense
Finance and Accounting Service, the
Defense Information Systems Agency,
the Defense Intelligence Agency, the
Defense Logistics Agency, the Defense
Security Cooperation Agency, the
Defense Security Service, the Defense
Threat Reduction Agency, the Missile
Defense Agency, the National
Geospatial-Intelligence Agency, the
National Security Agency, the United
States Special Operations Command,
and the United States Transportation
Command.
*
*
*
*
*
[FR Doc. 2012–31086 Filed 12–28–12; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 204, 215, 217, 219, 225,
239, 241, 242, and 252
RIN 0750–AH49
Defense Federal Acquisition
Regulation Supplement: Definition of
Cost or Pricing Data (DFARS Case
2011–D040)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update the text to reflect the distinction
between ‘‘certified cost or pricing data’’
and ‘‘data other than certified cost or
pricing data.’’ The DFARS changes are
necessary to ensure consistency with
the Federal Acquisition Regulation
(FAR) which had been amended to
clarify the distinction between those
terms, as well as the requirements for
the submission of cost or pricing data.
DATES: December 31, 2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, telephone 571–372–
6099.
SUMMARY:
SUPPLEMENTARY INFORMATION:
ebenthall on DSK5TPTVN1PROD with
I. Background
DoD published a proposed rule in the
Federal Register at 77 FR 2680 on
January 19, 2012. The comment period
closed on March 19, 2012. This final
rule updates the DFARS for consistency
VerDate Mar<15>2010
01:38 Dec 29, 2012
Jkt 229001
with FAR changes addressing the
definition of cost or pricing data which
clarified the distinction between
‘‘certified cost or pricing data’’ and
‘‘data other than certified cost or pricing
data,’’ as well as the requirements for
the submission of cost or pricing data
(75 FR 53135, August 30, 2010).
II. Discussion and Analysis
Two respondents submitted
comments. One respondent supported
the rule without further comment, and
the second respondent’s comment was
non-substantive. Therefore, the DFARS
is revised as proposed.
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 does not expect this rule to 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 merely aligns the
DFARS with the FAR. However, a final
regulatory flexibility analysis has been
performed consistent with 5 U.S.C. 604.
This rule amends the DFARS to update
the text addressing the definition of cost
or pricing data by inserting the word
‘‘certified’’ in front of ‘‘cost or pricing
data.’’ The DFARS changes are
necessary to ensure consistency with
the FAR. The rule does not expand or
diminish the existing rights of the
contracting officer to obtain cost data or
pricing data. Instead, this rule will
benefit all entities, both large and small,
by clarifying the requirements for the
submission of ‘‘certified cost or pricing
data’’ and ‘‘data other than certified cost
or pricing data.’’ No comments were
received in response to the initial
regulatory flexibility analysis published
with the proposed rule on January 19,
2012. No comments were filed by the
Chief Counsel for Advocacy of the Small
PO 00000
Frm 00131
Fmt 4700
Sfmt 4700
76939
Business Administration in response to
the rule. The rule does not require any
reporting, recordkeeping, or other
compliances, or compel contractors to
expend significant effort or cost. No
known significant alternatives to the
rule have been identified. A copy of the
analysis may be obtained from the point
of contact specified herein.
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,
215, 217, 219, 225, 239, 241, 242, and
252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD amends 48 CFR parts
204, 215, 217, 219, 225, 239, 241, 242,
244, and 252 as follows:
■ 1. The authority citation for 48 CFR
parts 204, 215, 217, 219, 225, 239, 241,
242, and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
204.805
[Amended]
2. Section 204.805 is amended in
paragraph (5) by removing ‘‘subject to
cost or pricing data’’ and adding
‘‘subject to certified cost or pricing
data’’ in its place.
■
PART 215—CONTRACTING BY
NEGOTIATION
3. Section 215.403 is amended by
revising the section heading to read as
follows:
■
215.403
data.
Obtaining certified cost or pricing
215.403–1
[Amended]
4. Section 215.403–1 is amended by—
a. In paragraph (b) and the heading of
paragraph (c) removing ‘‘cost or pricing
data requirements’’ and adding
‘‘certified cost or pricing data
requirements’’ in its place;
■ b. In paragraph (c)(4)(C) and the
introductory text of paragraph (c)(4)(D)
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place;
■ c. In paragraph (c)(4)(D)(1) removing
‘‘information other than cost or pricing
■
■
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76938-76939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31086]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 202
RIN 0750-AH81
Defense Federal Acquisition Regulation Supplement: Contracting
Activity Updates (DFARS Case 2012-D045)
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 revise the definitions of
``contracting activity'' and ``departments and agencies'' found at
DFARS subpart 202.101.
DATES: Effective Date: January 30, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Lesa Scott, telephone 571-372-
6104.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule updates the list of contracting activities and
moves the list to the DFARS Procedures, Guidance, and Instruction (PGI)
at 202.101. The reorganization of DFARS 202.101 will facilitate the
rapid updating of contracting activities as organizational changes
occur. This final rule--
Revises the definition of ``contracting activity'' at
DFARS 202.101 by removing the list of contracting activities;
Inserts a pointer at DFARS 202.101 to direct readers to
PGI 202.101 for the list of contracting activities that have been
delegated broad authority regarding acquisition functions;
Adds the updated list of contracting activities to the PGI
at 202.101; and
Updates the definition of ``departments and agencies.''
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations,'' 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it merely updates and moves the list of contracting activities
from DFARS 202.101, Definitions, to a new DFARS PGI section at 202.101,
Definitions. These requirements affect only the internal operating
procedures of the Government.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
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 202
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 202 is amended as follows:
PART 202--DEFINITIONS OF WORDS AND TERMS
0
1. The authority citation for 48 CFR part 202 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 202.101 is amended by--
0
a. Revising the ``contracting activity'' definition; and
0
b. Revising the ``departments and agencies'' definition.
The revisions read as follows:
202.101 Definitions.
* * * * *
Contracting activity for DoD also means elements designated by the
director of a defense agency which has been delegated contracting
authority through its agency charter. DoD contracting activities are
listed at PGI 202.101.
* * * * *
Departments and agencies, as used in DFARS, means the military
departments and the defense agencies. The military departments are the
Departments of the Army, Navy, and Air Force (the Marine
[[Page 76939]]
Corps is a part of the Department of the Navy). The defense agencies
are the Defense Advanced Research Projects Agency, the Defense
Commissary Agency, the Defense Contract Management Agency, the Defense
Finance and Accounting Service, the Defense Information Systems Agency,
the Defense Intelligence Agency, the Defense Logistics Agency, the
Defense Security Cooperation Agency, the Defense Security Service, the
Defense Threat Reduction Agency, the Missile Defense Agency, the
National Geospatial-Intelligence Agency, the National Security Agency,
the United States Special Operations Command, and the United States
Transportation Command.
* * * * *
[FR Doc. 2012-31086 Filed 12-28-12; 8:45 am]
BILLING CODE 5001-06-P
