Defense Federal Acquisition Regulation Supplement: Definition of Cost or Pricing Data (DFARS Case 2011-D040), 76939-76941 [2012-31088]
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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
76940
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
data’’ and adding ‘‘data other than
certified cost or pricing data’’ in its
place; and
■ d. In paragraph (c)(4)(D)(2) removing
‘‘Cost or pricing data’’ and adding
‘‘Certified cost or pricing data’’ in its
place and removing ‘‘cost or pricing
data threshold’’ and adding ‘‘certified
cost or pricing data threshold’’ in its
place.
■ 5. Section 215.403–3 is amended by
revising the section heading to read as
follows:
215.403–3 Requiring data other than
certified cost or pricing data.
*
*
*
215.404–1
*
*
6. Section 215.404–1 is amended in
paragraph (2)(i) by removing the word
‘‘information’’ and adding the word
‘‘data’’ in its place.
7. Section 215.404–2 is amended by
revising the section heading to read as
follows:
215.404–2
analysis.
Data to support proposal
*
*
215.404–4
*
[Amended]
8. Section 215.404–4 is amended by—
a. In the introductory text of
paragraph (b)(1) removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place; and
■ b. In paragraph (c)(2)(C)(1)(i) removing
‘‘cost or pricing data threshold’’ and
adding ‘‘certified cost or pricing data
threshold’’ in its place.
[Amended]
9. Section 215.407–5–70 is amended
in paragraphs (b)(2)(i) and (ii) by
removing ‘‘cost or pricing data’’ and
adding ‘‘certified cost or pricing data’’
in its place.
■
[Amended]
10. Section 215.408 is amended by—
a. In paragraphs (1)(i) through (iii) by
removing ‘‘Cost or Pricing Data’’ and
adding ‘‘Certified Cost or Pricing Data’’
in its place;
■ b. In paragraph (2) by removing ‘‘cost
or pricing data’’ and adding ‘‘certified
cost or pricing data’’ in its place.
■
■
PART 217—SPECIAL CONTRACTING
METHODS
ebenthall on DSK5TPTVN1PROD with
217.7401
PART 225—FOREIGN ACQUISITION
[Amended]
11. Section 217.7401 is amended by—
a. In the introductory text of
paragraph (c) by removing the word
‘‘information’’ and adding the word
‘‘data’’ in its place;
■
■
VerDate Mar<15>2010
01:38 Dec 29, 2012
[Amended]
14. Section 225.7303 is amended in
paragraph (b) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
■
■
■
215.408
13. Section 219.806 is amended in
paragraph (1) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and
removing ‘‘FAR Subpart 15.4’’ and
adding ‘‘FAR subpart 15.4’’ in its place.
225.7303
215.407–5–70
[Amended]
■
[Amended]
*
[Amended]
12. Section 217.7406 is amended in
paragraph (b)(3) by removing ‘‘of cost or
pricing data’’ and adding ‘‘of certified
cost or pricing data’’ in its place and
removing ‘‘and cost or pricing data’’ and
adding ‘‘and certified cost or pricing
data’’ in its place.
219.806
■
*
217.7406
PART 219—SMALL BUSINESS
PROGRAMS
[Amended]
■
215.404–2
b. In paragraph (c)(1) by removing
‘‘Information in the proposal’’ and
adding ‘‘Data in the proposal’’ in its
place; and
■ c. In paragraph (c)(2) by removing the
word ‘‘information’’ and adding the
word ‘‘data’’ in its place.
■
Jkt 229001
225.7304
[Amended]
15. Section 225.7304 is amended by—
a. In paragraph (c) by removing ‘‘cost
or pricing data’’ and adding ‘‘certified
cost or pricing data’’ in its place,
■ b. In paragraph (e)(3) by removing
‘‘cost or pricing data’’ and adding
‘‘certified cost or pricing data’’ in its
place, and removing ‘‘Subpart 201.4’’
and adding ‘‘subpart 201.4’’ in its place,
and
■ c. In paragraph (h) by removing
‘‘additional information concerning’’
and adding ‘‘additional data
concerning’’ in its place and removing
‘‘sufficient information to’’ and adding
‘‘sufficient data to demonstrate’’ in its
place and removing ‘‘This information—
’’ and adding ‘‘This data—’’ in its place.
PART 239— ACQUISITION OF
INFORMATION TECHNOLOGY
16. Section 239.7406 is revised to read
as follows:
■
239.7406 Certified cost or pricing data and
data other than certified cost or pricing
data.
(a) Common carriers are not required
to submit certified cost or pricing data
before award of contracts for tariffed
services. Rates or preliminary estimates
quoted by a common carrier for tariffed
Frm 00132
Fmt 4700
PART 241— ACQUISITION OF UTILITY
SERVICES
241.201
[Amended]
17. Section 241.201 is amended in
paragraph (3)(ii) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place and
removing ‘‘FAR Subpart 15.4’’ and
adding ‘‘FAR subpart 15.4’’ in its place.
■
PART 242— CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.7203
[Amended]
18. Section 242.7203 is amended in
paragraph (b) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
■
■
■
PO 00000
telecommunications services are
considered to be prices set by regulation
within the provisions of 10 U.S.C.
2306a. This is true even if the tariff is
set after execution of the contract.
(b) Rates or preliminary estimates
quoted by a common carrier for
nontariffed telecommunications services
or by a noncommon carrier for any
telecommunications service are not
considered prices set by law or
regulation.
(c) Contracting officers shall obtain
sufficient data to determine that the
prices are reasonable in accordance with
FAR 15.403–3 or 15.403–4. See PGI
239.7406 for examples of instances
where additional data may be necessary
to determine price reasonableness.
Sfmt 4700
242.7301
[Amended]
19. Section 242.7301 is amended in
paragraph (c) by removing the word
‘‘Subparts’’ and adding the word
‘‘subparts’’ in its place.
■
242.7302
[Amended]
20. Section 242.7302 is amended by—
a. In paragraph (a)(2) by removing
‘‘cost or pricing data’’ and adding
‘‘certified cost or pricing data’’ in its
place.
■ b. In paragraph (b)(1) by removing
‘‘Information reveals’’ and adding ‘‘Data
reveals’’ in its place.
■
■
242.7502
[Amended]
21. Section 242.7502 is amended in
paragraph (g)(3)(ii) by removing ‘‘cost or
pricing data’’ and adding ‘‘certified cost
or pricing data’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.209–7009
[Amended]
22. Section 252.209–7009 is amended
by removing the clause date ‘‘(DEC
■
E:\FR\FM\31DER1.SGM
31DER1
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations
2010)’’ and adding ‘‘(DEC 2012)’’ in its
place, redesignating paragraphs (a)(1)
and (2) as (a)(i) and (ii), and in newly
designated paragraph (a)(i) removing
‘‘cost or pricing data’’ and adding
‘‘certified cost or pricing data’’ in its
place.
DEPARTMENT OF DEFENSE
252.215–7000
Defense Federal Acquisition
Regulation Supplement: New
Qualifying Country—Poland (DFARS
Case 2012–D049)
[Amended]
23. Section 252.215–7000 is amended
by removing the clause date ‘‘(DEC
1991)’’ and adding ‘‘(DEC 2012)’’ in its
place and removing ‘‘Cost or Pricing
Data-Modifications’’ and adding
‘‘Certified Cost or Pricing DataModifications’’ in its place wherever it
appears.
■
252.215–7002
24. Section 252.215–7002 is amended
by—
■ a. Removing the clause date ‘‘(FEB
2012)’’ and adding ‘‘(DEC 2012)’’ in its
place;
■ b. In the definition of ‘‘Significant
Deficiency’’ in paragraph (a), removing
‘‘rely upon information’’ and adding
‘‘rely upon data and information’’ in its
place;
■ c. In paragraph (d)(1) removing
‘‘protect the information as privileged’’
and adding ‘‘protect the data and
information as privileged’’ in its place;
■ d. In paragraph (d)(4)(ix) removing the
word ‘‘information’’ and adding the
word ‘‘data’’ in its place; and
■ e. In paragraph (d)(4)(xi) removing
‘‘Integrate information available’’ and
adding ‘‘Integrate data and information
available’’ in its place.
[Amended]
25. Section 252.217–7027 is amended
by removing the clause date ‘‘(OCT
1998)’’ and adding ‘‘(DEC 2012)’’ in its
place, in paragraph (a) removing ‘‘cost
or pricing data’’ and adding ‘‘certified
cost or pricing data’’ in its place, and in
paragraph (b) removing ‘‘cost or pricing
data’’ and adding ‘‘certified cost or
pricing data’’ in its place.
■
252.243–7002
[Amended]
26. Section 252.243–7002 is amended
by removing the clause date ‘‘(MAR
1998)’’ and adding ‘‘(DEC 2012)’’ in its
place, in paragraph (c)(1) removing
‘‘Cost or pricing data’’ and adding
‘‘Certified cost or pricing data,’’ in its
place, and in paragraph (c)(2) removing
‘‘Information other than cost or pricing
data’’ and adding ‘‘Data other than
certified cost or pricing data’’ in its
place and removing ‘‘cost or pricing
data’’ and adding ‘‘certified cost or
pricing data’’ in its place.
ebenthall on DSK5TPTVN1PROD with
■
[FR Doc. 2012–31088 Filed 12–28–12; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
01:38 Dec 29, 2012
48 CFR Parts 225 and 252
RIN 0750–AH82
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 add Poland as a qualifying
country.
DATES: Effective Date: December 31,
2012.
SUMMARY:
[Amended]
■
252.217–7027
Defense Acquisition Regulations
System
Jkt 229001
76941
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 does not constitute a
significant DFARS revision within the
meaning of FAR 1.501–1, does not have
a significant effect beyond the internal
operating procedures of DoD, and will
not have a significant cost or
administrative impact on contractors or
offerors. Poland is added to the list of
22 other countries that have similar
reciprocal defense procurement
agreements with DoD.
III. Executive Orders 12866 and 13563
I. Background
DoD is amending the DFARS to add
the Republic of Poland as a qualifying
country. On August 27, 2011, the U.S.
Secretary of Defense signed a new
reciprocal defense procurement
agreement with the Polish Minister of
National Defense. This agreement was
placed into force on July 19, 2012. The
agreement removes discriminatory
barriers to procurements of supplies and
services produced by industrial
enterprises of the other country to the
extent mutually beneficial and
consistent with national laws,
regulations, policies, and international
obligations. The agreement does not
cover construction or construction
material. Poland is already a designated
country under the World Trade
Organization Government Procurement
Agreement.
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
Ms.
Amy G. Williams, telephone 571–372–
6106.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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
PO 00000
Frm 00133
Fmt 4700
Sfmt 4700
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
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7000
and 252.225–7035, currently approved
under OMB Control Number 0704–0229,
titled DFARS Part 225, Foreign
Acquisition, and Associated Clauses, in
accordance with the Paperwork
Reduction Act (44 U.S.C. chapter 35).
The impact, however, is negligible,
because it merely shifts the category
under which items from Poland must be
listed.
E:\FR\FM\31DER1.SGM
31DER1
]]>Agencies
[Federal Register Volume 77, Number 250 (Monday, December 31, 2012)]
[Rules and Regulations]
[Pages 76939-76941]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-31088]
-----------------------------------------------------------------------
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)
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 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.
SUPPLEMENTARY INFORMATION:
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 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 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:
0
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]
0
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
0
3. Section 215.403 is amended by revising the section heading to read
as follows:
215.403 Obtaining certified cost or pricing data.
215.403-1 [Amended]
0
4. Section 215.403-1 is amended by--
0
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;
0
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;
0
c. In paragraph (c)(4)(D)(1) removing ``information other than cost or
pricing
[[Page 76940]]
data'' and adding ``data other than certified cost or pricing data'' in
its place; and
0
d. In paragraph (c)(4)(D)(2) removing ``Cost or pricing data'' and
adding ``Certified cost or pricing data'' in its place and removing
``cost or pricing data threshold'' and adding ``certified cost or
pricing data threshold'' in its place.
0
5. Section 215.403-3 is amended by revising the section heading to read
as follows:
215.403-3 Requiring data other than certified cost or pricing data.
* * * * *
215.404-1 [Amended]
0
6. Section 215.404-1 is amended in paragraph (2)(i) by removing the
word ``information'' and adding the word ``data'' in its place.
215.404-2 [Amended]
0
7. Section 215.404-2 is amended by revising the section heading to read
as follows:
215.404-2 Data to support proposal analysis.
* * * * *
215.404-4 [Amended]
0
8. Section 215.404-4 is amended by--
0
a. In the introductory text of paragraph (b)(1) removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place; and
0
b. In paragraph (c)(2)(C)(1)(i) removing ``cost or pricing data
threshold'' and adding ``certified cost or pricing data threshold'' in
its place.
215.407-5-70 [Amended]
0
9. Section 215.407-5-70 is amended in paragraphs (b)(2)(i) and (ii) by
removing ``cost or pricing data'' and adding ``certified cost or
pricing data'' in its place.
215.408 [Amended]
0
10. Section 215.408 is amended by--
0
a. In paragraphs (1)(i) through (iii) by removing ``Cost or Pricing
Data'' and adding ``Certified Cost or Pricing Data'' in its place;
0
b. In paragraph (2) by removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place.
PART 217--SPECIAL CONTRACTING METHODS
217.7401 [Amended]
0
11. Section 217.7401 is amended by--
0
a. In the introductory text of paragraph (c) by removing the word
``information'' and adding the word ``data'' in its place;
0
b. In paragraph (c)(1) by removing ``Information in the proposal'' and
adding ``Data in the proposal'' in its place; and
0
c. In paragraph (c)(2) by removing the word ``information'' and adding
the word ``data'' in its place.
217.7406 [Amended]
12. Section 217.7406 is amended in paragraph (b)(3) by removing
``of cost or pricing data'' and adding ``of certified cost or pricing
data'' in its place and removing ``and cost or pricing data'' and
adding ``and certified cost or pricing data'' in its place.
PART 219--SMALL BUSINESS PROGRAMS
219.806 [Amended]
0
13. Section 219.806 is amended in paragraph (1) by removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place and removing ``FAR Subpart 15.4'' and adding ``FAR subpart 15.4''
in its place.
PART 225--FOREIGN ACQUISITION
225.7303 [Amended]
0
14. Section 225.7303 is amended in paragraph (b) by removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place.
225.7304 [Amended]
0
15. Section 225.7304 is amended by--
0
a. In paragraph (c) by removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place,
0
b. In paragraph (e)(3) by removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place, and removing ``Subpart
201.4'' and adding ``subpart 201.4'' in its place, and
0
c. In paragraph (h) by removing ``additional information concerning''
and adding ``additional data concerning'' in its place and removing
``sufficient information to'' and adding ``sufficient data to
demonstrate'' in its place and removing ``This information--'' and
adding ``This data--'' in its place.
PART 239-- ACQUISITION OF INFORMATION TECHNOLOGY
0
16. Section 239.7406 is revised to read as follows:
239.7406 Certified cost or pricing data and data other than certified
cost or pricing data.
(a) Common carriers are not required to submit certified cost or
pricing data before award of contracts for tariffed services. Rates or
preliminary estimates quoted by a common carrier for tariffed
telecommunications services are considered to be prices set by
regulation within the provisions of 10 U.S.C. 2306a. This is true even
if the tariff is set after execution of the contract.
(b) Rates or preliminary estimates quoted by a common carrier for
nontariffed telecommunications services or by a noncommon carrier for
any telecommunications service are not considered prices set by law or
regulation.
(c) Contracting officers shall obtain sufficient data to determine
that the prices are reasonable in accordance with FAR 15.403-3 or
15.403-4. See PGI 239.7406 for examples of instances where additional
data may be necessary to determine price reasonableness.
PART 241-- ACQUISITION OF UTILITY SERVICES
241.201 [Amended]
0
17. Section 241.201 is amended in paragraph (3)(ii) by removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place and removing ``FAR Subpart 15.4'' and adding ``FAR subpart 15.4''
in its place.
PART 242-- CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.7203 [Amended]
0
18. Section 242.7203 is amended in paragraph (b) by removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place.
242.7301 [Amended]
0
19. Section 242.7301 is amended in paragraph (c) by removing the word
``Subparts'' and adding the word ``subparts'' in its place.
242.7302 [Amended]
0
20. Section 242.7302 is amended by--
0
a. In paragraph (a)(2) by removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place.
0
b. In paragraph (b)(1) by removing ``Information reveals'' and adding
``Data reveals'' in its place.
242.7502 [Amended]
0
21. Section 242.7502 is amended in paragraph (g)(3)(ii) by removing
``cost or pricing data'' and adding ``certified cost or pricing data''
in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.209-7009 [Amended]
0
22. Section 252.209-7009 is amended by removing the clause date ``(DEC
[[Page 76941]]
2010)'' and adding ``(DEC 2012)'' in its place, redesignating
paragraphs (a)(1) and (2) as (a)(i) and (ii), and in newly designated
paragraph (a)(i) removing ``cost or pricing data'' and adding
``certified cost or pricing data'' in its place.
252.215-7000 [Amended]
0
23. Section 252.215-7000 is amended by removing the clause date ``(DEC
1991)'' and adding ``(DEC 2012)'' in its place and removing ``Cost or
Pricing Data-Modifications'' and adding ``Certified Cost or Pricing
Data-Modifications'' in its place wherever it appears.
252.215-7002 [Amended]
0
24. Section 252.215-7002 is amended by--
0
a. Removing the clause date ``(FEB 2012)'' and adding ``(DEC 2012)'' in
its place;
0
b. In the definition of ``Significant Deficiency'' in paragraph (a),
removing ``rely upon information'' and adding ``rely upon data and
information'' in its place;
0
c. In paragraph (d)(1) removing ``protect the information as
privileged'' and adding ``protect the data and information as
privileged'' in its place;
0
d. In paragraph (d)(4)(ix) removing the word ``information'' and adding
the word ``data'' in its place; and
0
e. In paragraph (d)(4)(xi) removing ``Integrate information available''
and adding ``Integrate data and information available'' in its place.
252.217-7027 [Amended]
0
25. Section 252.217-7027 is amended by removing the clause date ``(OCT
1998)'' and adding ``(DEC 2012)'' in its place, in paragraph (a)
removing ``cost or pricing data'' and adding ``certified cost or
pricing data'' in its place, and in paragraph (b) removing ``cost or
pricing data'' and adding ``certified cost or pricing data'' in its
place.
252.243-7002 [Amended]
0
26. Section 252.243-7002 is amended by removing the clause date ``(MAR
1998)'' and adding ``(DEC 2012)'' in its place, in paragraph (c)(1)
removing ``Cost or pricing data'' and adding ``Certified cost or
pricing data,'' in its place, and in paragraph (c)(2) removing
``Information other than cost or pricing data'' and adding ``Data other
than certified cost or pricing data'' in its place and removing ``cost
or pricing data'' and adding ``certified cost or pricing data'' in its
place.
[FR Doc. 2012-31088 Filed 12-28-12; 8:45 am]
BILLING CODE 5001-06-P
