Defense Federal Acquisition Regulation Supplement; Technical Amendments, 13543-13544 [2013-04354]

Download as PDF Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations 20301–3060. Telephone 571–372–6088; facsimile 571–372–6094. Lake SUPPLEMENTARY INFORMATION: This final Service Superior rule amends the DFARS as follows: 1. Corrects address of the Director, 6-Hour Period ........................... $586 Docking or Undocking .............. 557 DAR Council at 201.201–1(d)(i); 2. Corrects 204.203(b) for consistency with FAR terminology; § 401.420 [Amended] 3. Corrects terminology at ■ 5. Amend § 401.420 as follows: 204.7106(b)(2)(ii)(D) relating to contract ■ a. In paragraph (a), remove the text line items; ‘‘$124’’ and add, in its place, the text 4. Corrects text at 215.403– ‘‘$126’’; and remove the text ‘‘$1,942’’ 1(c)(1)(A)(1); and add, in its place, the text ‘‘$1,972’’; 5. Updates DFARS text at 215.404– ■ b. In paragraph (b), remove the text 71–2(e)(l)(i) by adding the word ‘‘data’’ ‘‘$124’’ and add, in its place, the text for consistency with the FAR; ‘‘$126’’; and remove the text ‘‘$1,942’’ 6. Corrects typographical error at and add, in its place, the text ‘‘$1,972’’; 215.408(2); and 7. Removes obsolete language from ■ c. In paragraph (c)(1), remove the text 225.7006–3(b) and 225.7008(b). ‘‘$733’’ and add, in its place, the text 8. Corrects typographical error at ‘‘$744’’; and in paragraph (c)(3), remove 227.7103–3(c); the text ‘‘$124’’ and add, in its place, the 9. Revises 242.302(a)(S–72); text ‘‘$126’’, and remove the text 10. Revises 242.7302 to call attention ‘‘$1,942’’ and add, in its place, the text to guidance at PGI ; ‘‘$1,972’’. 11. Corrects typographical error at 245.103–72; § 401.428 [Amended] 12. Corrects clause date and link at ■ 6. In § 401.428, remove the text 252.204–7004; ‘‘$748’’ and add, in its place, the text 13. Corrects links at 252.211–7007(a), ‘‘$744’’. 252.211–7007(d)(6), and 252.211– Dated: February 20, 2013. 7007(g)(1); Dana A. Goward, 14. Corrects clause dates at 252.212– Director, Marine Transportation Systems 7001(b)(2), 252.212–7001(b)(4), and at Management, U.S. Coast Guard. 252.212–7001(b)(26); and [FR Doc. 2013–04321 Filed 2–27–13; 8:45 am] 15. Corrects typographical error at 252.215–7000 and clarifies clause BILLING CODE 9110–04–P terminology relating to Subcontractor Certified Cost or Pricing Data. DEPARTMENT OF DEFENSE List of Subjects in 48 CFR Parts 201, 204, 215, 225, 227, 242, 245 and 252 Defense Acquisition Regulations Government procurement. System (c) Area 8 (Undesignated Waters): Manuel Quinones, Editor, Defense Acquisition Regulations System. 48 CFR Parts 201, 204, 215, 225, 227, 242, 245, and 252 Therefore, 48 CFR parts 201, 204, 215, 225, 227, 242, 245 and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 201, 204, 215, 225, 227, 242, 245 and 252 continue to read as follows: Defense Federal Acquisition Regulation Supplement; Technical Amendments Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: srobinson on DSK4SPTVN1PROD with RULES Jkt 229001 [Amended] 3. Section 204.203 is amended in paragraph (b) by removing the word ‘‘clause’’ and adding the word ‘‘provision’’ in its place. ■ 204.7106 [Amended] 4. Section 204.7106 is amended in paragraph (b)(2)(ii)(D) by removing ‘‘original contract or exhibit line or subline item’’ and adding ‘‘original contract line item or subline item or exhibit line item’’ in its place. ■ PART 215—CONTRACTING BY NEGOTIATION 215.403–1 [Amended] 5. Section 215.403–1 is amended in paragraph (c)(1)(A)(1) by removing the word ‘‘information’’ and adding the word ‘‘data’’ in its place. ■ 215.404–71–2 [Amended] 6. Section 215.404–71–2 is amended in paragraph (e)(1)(i) by removing ‘‘contracting office information and reviews’’ and adding ‘‘contracting office data, information and reviews’’ in its place. ■ 215.408 [Amended] 7. Section 215.408 is amended in paragraph (2) by removing the word ‘‘award’’ and adding the word ‘‘awarded’’ in its place. ■ PART 225–FOREIGN ACQUISITION 8. Section 225.7006–3(b) is revised to read as follows: ■ 225.7006–3 Waiver. * * * * * (b) The Under Secretary of Defense (Acquisition, Technology, and Logistics) has waived the restriction for air circuit breakers manufactured in the United Kingdom. (See 225.7008.) 9. Section 225–7008(b) is revised to read as follows: ■ 225.7008 Waiver of restrictions of 10 U.S.C. 2534. 201.201–1 Effective February 28, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855, 3060 Defense Pentagon, Washington, DC 19:07 Feb 27, 2013 204.203 PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. VerDate Mar<15>2010 PART 204—ADMINISTRATIVE MATTERS Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. SUMMARY: DATES: 13543 [Amended] 2. Section 201.201–1 paragraph (d)(i) introductory text is amended by removing ‘‘OUSD(AT&L), 3062 Defense Pentagon, Washington, DC 20301– 3062;’’ and adding ‘‘OUSD(AT&L), 3060 Defense Pentagon, Washington, DC 20301–3060;’’ in its place. ■ PO 00000 Frm 00101 Fmt 4700 Sfmt 4700 * * * * * (b) In accordance with the provisions of paragraphs (a)(1)(i) through (iii) of this section, the USD(AT&L) has waived the restrictions of 10 U.S.C. 2534(a) for certain items manufactured in the United Kingdom, including air circuit breakers for naval vessels (see 225.7006). E:\FR\FM\28FER1.SGM 28FER1 13544 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations PART 227—PATENTS, DATA, AND COPYRIGHTS 227.7103–3 [Amended] 10. Section 227.7103–3 is amended in paragraph (c) by removing ‘‘the clause at 252.277–7013’’ and adding ‘‘the clause at 252.227–7013’’ in its place. ■ PART 242—CONTRACTOR INSURANCE/PENSION REVIEW 11. Section 242.302 paragraph (a)(S– 72) is revised to read as follows: ■ 242.302 Contract administration functions. (a) * * * (S–72) Ensure implementation of the Synchronized Predeployment and Operational Tracker (SPOT) by the contractor and maintain surveillance over contractor compliance with SPOT business rules available at the Web site provided at PGI 225.7402–5(a)(iv) for contracts incorporating the clause at 252.225–7040, Contractor Personnel Authorized to Accompany U.S. Armed Forces Deployed Outside the United States. See PGI 242.302(a)(S–72) for guidance on assessing contractor’s implementation of SPOT. * * * * * ■ 12. Section 242.7302 is revised to read as follows: srobinson on DSK4SPTVN1PROD with RULES 242.7302 Requirements. (a)(1) An in-depth CIPR as described at DFARS 242.7301(a)(1) shall be conducted only when— (i) A contractor has $50 million of qualifying sales to the Government during the contractor’s preceding fiscal year; and (ii) The ACO, with advice from DCMA insurance/pension specialists and DCAA auditors, determines a CIPR is needed based on a risk assessment of the contractor’s past experience and current vulnerability. (2) Qualifying sales are sales for which certified cost or pricing data were required under 10 U.S.C. 2306a, as implemented in FAR 15.403, or that are contracts priced on other than a firmfixed-price or fixed-price with economic price adjustment basis. Sales include prime contracts, subcontracts, and modifications to such contracts and subcontracts. (b) A special CIPR that concentrates on specific areas of a contractor’s insurance programs, pension plans, or other deferred compensation plans shall be performed for a contractor (including, but not limited to, a contractor meeting the requirements in paragraph (a) of this section) when any of the following circumstances exists, but only if the circumstance(s) may VerDate Mar<15>2010 19:07 Feb 27, 2013 Jkt 229001 result in a material impact on Government contract costs: (1) Information or data reveals a deficiency in the contractor’s insurance/ pension program. (2) The contractor proposes or implements changes in its insurance, pension, or deferred compensation plans. (3) The contractor is involved in a merger, acquisition, or divestiture. (4) The Government needs to follow up on contractor implementation of prior CIPR recommendations. (c) The DCAA auditor shall use relevant findings and recommendations of previously performed CIPRs in determining the scope of any audits of insurance and pension costs. (d) When a Government organization believes that a review of the contractor’s insurance/pension program should be performed, that organization should provide a recommendation for a review to the ACO. If the ACO concurs, the review should be performed as part of an ACO-initiated special CIPR or as part of a CIPR already scheduled for the near future. PART 245—GOVERNMENT PROPERTY 245.103–72 c. In paragraph (g)(1) by removing the link ‘‘https:///bpn.gov/iuid’’ and adding the link ‘‘https://iuid.logistics informationservice.dla.mil/’’ in its place. ■ 252.212–7001 [Amended] 16. Section 252.212–7001 is amended— ■ a. In paragraph (b)(2) by removing the clause date ‘‘(APR 2012)’’ and adding ‘‘(DEC 2012)’’ in its place; ■ b. In paragraph (b)(4) by removing the clause date ‘‘(JUN 2012)’’ and adding ‘‘(AUG 2012)’’ in its place; and ■ c. In paragraph (b)(26) by removing the clause date ‘‘(MAR 1998)’’ and adding ‘‘(DEC 2012)’’ in its place. ■ 252.215–7000 [Amended] 17. Section 252.215–7000 is amended— ■ a. In the introductory paragraph by removing ‘‘use the followiclause’’ and adding ‘‘use the following clause’’ in its place, and ■ b. By removing ‘‘Subcontractor Cost or Pricing Data’’ and adding ‘‘Subcontractor Certified Cost or Pricing Data’’ in its place. ■ [FR Doc. 2013–04354 Filed 2–27–13; 8:45 am] [Amended] BILLING CODE 5001–06–P 13. Section 245.103–72 is amended by removing ‘‘PGI 245–103–72’’ and adding ‘‘PGI 245.103–72’’ in its place. ■ PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.204–7004 14. Section 252.204–7004 is amended— ■ (a) By removing the clause date ‘‘(SEP 2007)’’ and adding ‘‘(FEB 2013)’’ in its place; ■ (b) In the introductory text by removing ‘‘As prescribed in 204.1104’’ and adding ‘‘As prescribed in 204.1105’’ in its place, and removing the word ‘‘clause’’ and adding the word ‘‘provision’’ in its place. 15. Section 252.211–7007 is amended as follows: ■ a. In paragraph (a), in the definition of ‘‘supply condition code’’ by removing the link ‘‘http://www.dtic.mil/whs/ directives/corres/pdf/400025m.pdf’’ and adding the link ‘‘http://www2.dla.mil/j6/dlmso/elibrary/manuals/dlm/dlm_ pubs.asp’’ in its place; ■ b. In paragraph (d)(6) by removing the link ‘‘http://www.dtic.mil/whs/ directives/corres/pdf/400025m.pdf’’ and adding the link ‘‘http://www2.dla.mil/j6/dlmso/elibrary/manuals/dlm/dlm_ pubs.asp’’ in its place; and PO 00000 Frm 00102 Fmt 4700 Sfmt 4700 RIN 0750–AH73 Defense Federal Acquisition Regulation Supplement: Acquisition of Tents and Other Temporary Structures (DFARS Case 2012–D015) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: DoD has adopted as final, with changes, an interim rule amending the DFARS to implement sections of the National Defense Authorization Act for Fiscal Year 2012 that address the acquisition of tents and other temporary structures. DATES: Effective February 28, 2013. FOR FURTHER INFORMATION CONTACT: Fernell Warren, telephone 571–372– 6089. SUMMARY: [Amended] ■ Defense Acquisition Regulations System 48 CFR Parts 215, 225, and 252 [Amended] ■ 252.211–7007 DEPARTMENT OF DEFENSE SUPPLEMENTARY INFORMATION: I. Background DoD published an interim rule in the Federal Register (77 FR 38734) on June E:\FR\FM\28FER1.SGM 28FER1

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13543-13544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04354]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 204, 215, 225, 227, 242, 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 February 28, 2013.

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. Corrects address of the Director, DAR Council at 201.201-
1(d)(i);
    2. Corrects 204.203(b) for consistency with FAR terminology;
    3. Corrects terminology at 204.7106(b)(2)(ii)(D) relating to 
contract line items;
    4. Corrects text at 215.403-1(c)(1)(A)(1);
    5. Updates DFARS text at 215.404-71-2(e)(l)(i) by adding the word 
``data'' for consistency with the FAR;
    6. Corrects typographical error at 215.408(2);
    7. Removes obsolete language from 225.7006-3(b) and 225.7008(b).
    8. Corrects typographical error at 227.7103-3(c);
    9. Revises 242.302(a)(S-72);
    10. Revises 242.7302 to call attention to guidance at PGI ;
    11. Corrects typographical error at 245.103-72;
    12. Corrects clause date and link at 252.204-7004;
    13. Corrects links at 252.211-7007(a), 252.211-7007(d)(6), and 
252.211-7007(g)(1);
    14. Corrects clause dates at 252.212-7001(b)(2), 252.212-
7001(b)(4), and at 252.212-7001(b)(26); and
    15. Corrects typographical error at 252.215-7000 and clarifies 
clause terminology relating to Subcontractor Certified Cost or Pricing 
Data.

List of Subjects in 48 CFR Parts 201, 204, 215, 225, 227, 242, 245 
and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 201, 204, 215, 225, 227, 242, 245 and 252 
are amended as follows:

0
1. The authority citation for 48 CFR parts 201, 204, 215, 225, 227, 
242, 245 and 252 continue to read as follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM


201.201-1  [Amended]

0
2. Section 201.201-1 paragraph (d)(i) introductory text is amended by 
removing ``OUSD(AT&L), 3062 Defense Pentagon, Washington, DC 20301-
3062;'' and adding ``OUSD(AT&L), 3060 Defense Pentagon, Washington, DC 
20301-3060;'' in its place.

PART 204--ADMINISTRATIVE MATTERS


204.203  [Amended]

0
3. Section 204.203 is amended in paragraph (b) by removing the word 
``clause'' and adding the word ``provision'' in its place.


204.7106  [Amended]

0
4. Section 204.7106 is amended in paragraph (b)(2)(ii)(D) by removing 
``original contract or exhibit line or subline item'' and adding 
``original contract line item or subline item or exhibit line item'' in 
its place.

PART 215--CONTRACTING BY NEGOTIATION


215.403-1  [Amended]

0
5. Section 215.403-1 is amended in paragraph (c)(1)(A)(1) by removing 
the word ``information'' and adding the word ``data'' in its place.


215.404-71-2  [Amended]

0
6. Section 215.404-71-2 is amended in paragraph (e)(1)(i) by removing 
``contracting office information and reviews'' and adding ``contracting 
office data, information and reviews'' in its place.


215.408  [Amended]

0
7. Section 215.408 is amended in paragraph (2) by removing the word 
``award'' and adding the word ``awarded'' in its place.

PART 225-FOREIGN ACQUISITION

0
8. Section 225.7006-3(b) is revised to read as follows:


225.7006-3  Waiver.

* * * * *
    (b) The Under Secretary of Defense (Acquisition, Technology, and 
Logistics) has waived the restriction for air circuit breakers 
manufactured in the United Kingdom. (See 225.7008.)

0
9. Section 225-7008(b) is revised to read as follows:


225.7008  Waiver of restrictions of 10 U.S.C. 2534.

* * * * *
    (b) In accordance with the provisions of paragraphs (a)(1)(i) 
through (iii) of this section, the USD(AT&L) has waived the 
restrictions of 10 U.S.C. 2534(a) for certain items manufactured in the 
United Kingdom, including air circuit breakers for naval vessels (see 
225.7006).

[[Page 13544]]

PART 227--PATENTS, DATA, AND COPYRIGHTS


227.7103-3  [Amended]

0
10. Section 227.7103-3 is amended in paragraph (c) by removing ``the 
clause at 252.277-7013'' and adding ``the clause at 252.227-7013'' in 
its place.

PART 242--CONTRACTOR INSURANCE/PENSION REVIEW

0
11. Section 242.302 paragraph (a)(S-72) is revised to read as follows:


242.302  Contract administration functions.

    (a) * * *
    (S-72) Ensure implementation of the Synchronized Predeployment and 
Operational Tracker (SPOT) by the contractor and maintain surveillance 
over contractor compliance with SPOT business rules available at the 
Web site provided at PGI 225.7402-5(a)(iv) for contracts incorporating 
the clause at 252.225-7040, Contractor Personnel Authorized to 
Accompany U.S. Armed Forces Deployed Outside the United States. See PGI 
242.302(a)(S-72) for guidance on assessing contractor's implementation 
of SPOT.
* * * * *

0
12. Section 242.7302 is revised to read as follows:


242.7302  Requirements.

    (a)(1) An in-depth CIPR as described at DFARS 242.7301(a)(1) shall 
be conducted only when--
    (i) A contractor has $50 million of qualifying sales to the 
Government during the contractor's preceding fiscal year; and
    (ii) The ACO, with advice from DCMA insurance/pension specialists 
and DCAA auditors, determines a CIPR is needed based on a risk 
assessment of the contractor's past experience and current 
vulnerability.
    (2) Qualifying sales are sales for which certified cost or pricing 
data were required under 10 U.S.C. 2306a, as implemented in FAR 15.403, 
or that are contracts priced on other than a firm-fixed-price or fixed-
price with economic price adjustment basis. Sales include prime 
contracts, subcontracts, and modifications to such contracts and 
subcontracts.
    (b) A special CIPR that concentrates on specific areas of a 
contractor's insurance programs, pension plans, or other deferred 
compensation plans shall be performed for a contractor (including, but 
not limited to, a contractor meeting the requirements in paragraph (a) 
of this section) when any of the following circumstances exists, but 
only if the circumstance(s) may result in a material impact on 
Government contract costs:
    (1) Information or data reveals a deficiency in the contractor's 
insurance/pension program.
    (2) The contractor proposes or implements changes in its insurance, 
pension, or deferred compensation plans.
    (3) The contractor is involved in a merger, acquisition, or 
divestiture.
    (4) The Government needs to follow up on contractor implementation 
of prior CIPR recommendations.
    (c) The DCAA auditor shall use relevant findings and 
recommendations of previously performed CIPRs in determining the scope 
of any audits of insurance and pension costs.
    (d) When a Government organization believes that a review of the 
contractor's insurance/pension program should be performed, that 
organization should provide a recommendation for a review to the ACO. 
If the ACO concurs, the review should be performed as part of an ACO-
initiated special CIPR or as part of a CIPR already scheduled for the 
near future.

PART 245--GOVERNMENT PROPERTY


245.103-72  [Amended]

0
13. Section 245.103-72 is amended by removing ``PGI 245-103-72'' and 
adding ``PGI 245.103-72'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7004  [Amended]

0
14. Section 252.204-7004 is amended--
0
(a) By removing the clause date ``(SEP 2007)'' and adding ``(FEB 
2013)'' in its place;
0
(b) In the introductory text by removing ``As prescribed in 204.1104'' 
and adding ``As prescribed in 204.1105'' in its place, and removing the 
word ``clause'' and adding the word ``provision'' in its place.


252.211-7007  [Amended]

0
15. Section 252.211-7007 is amended as follows:
0
a. In paragraph (a), in the definition of ``supply condition code'' by 
removing the link ``http://www.dtic.mil/whs/directives/corres/pdf/
400025m.pdf'' and adding the link ``http://www2.dla.mil/j-6/dlmso/
elibrary/manuals/dlm/dlm--pubs.asp'' in its place;
0
b. In paragraph (d)(6) by removing the link ``http://www.dtic.mil/whs/
directives/corres/pdf/400025m.pdf'' and adding the link ``http://
www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm--pubs.asp'' in its 
place; and
0
c. In paragraph (g)(1) by removing the link ``https:///bpn.gov/iuid'' 
and adding the link ``https://iuid.logisticsinformationservice.dla.mil/
'' in its place.


252.212-7001  [Amended]

0
16. Section 252.212-7001 is amended--
0
a. In paragraph (b)(2) by removing the clause date ``(APR 2012)'' and 
adding ``(DEC 2012)'' in its place;
0
b. In paragraph (b)(4) by removing the clause date ``(JUN 2012)'' and 
adding ``(AUG 2012)'' in its place; and
0
c. In paragraph (b)(26) by removing the clause date ``(MAR 1998)'' and 
adding ``(DEC 2012)'' in its place.


252.215-7000  [Amended]

0
17. Section 252.215-7000 is amended--
0
a. In the introductory paragraph by removing ``use the followiclause'' 
and adding ``use the following clause'' in its place, and
0
b. By removing ``Subcontractor Cost or Pricing Data'' and adding 
``Subcontractor Certified Cost or Pricing Data'' in its place.

[FR Doc. 2013-04354 Filed 2-27-13; 8:45 am]
BILLING CODE 5001-06-P