Defense Federal Acquisition Regulation Supplement; Technical Amendments, 13543-13544 [2013-04354]
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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.
■
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*
*
*
*
*
(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
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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 ‘‘https://www.dtic.mil/whs/
directives/corres/pdf/400025m.pdf’’ and
adding the link ‘‘https://www2.dla.mil/j6/dlmso/elibrary/manuals/dlm/dlm_
pubs.asp’’ in its place;
■ b. In paragraph (d)(6) by removing the
link ‘‘https://www.dtic.mil/whs/
directives/corres/pdf/400025m.pdf’’ and
adding the link ‘‘https://www2.dla.mil/j6/dlmso/elibrary/manuals/dlm/dlm_
pubs.asp’’ in its place; and
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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
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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 ``https://www.dtic.mil/whs/directives/corres/pdf/
400025m.pdf'' and adding the link ``https://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 ``https://www.dtic.mil/whs/
directives/corres/pdf/400025m.pdf'' and adding the link ``https://
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
