Defense Federal Acquisition Regulation Supplement: Acquisition of Tents and Other Temporary Structures (DFARS Case 2012-D015), 13544-13546 [2013-04355]
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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
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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
PO 00000
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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
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Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
29, 2012, to implement sections 368 and
821 of the National Defense
Authorization Act for Fiscal Year 2012
(Pub. L. 112–81). Section 368 requires
award of contracts that provide the best
value, when acquiring tents and other
temporary structures, regardless of
whether purchased by DoD or by
another agency on behalf of DoD.
Section 821 amends 10 U.S.C. 2533a
(the ‘‘Berry Amendment’’) to extend the
restriction requiring acquisition of
domestic tents to include the structural
components of tents, applicable to
acquisitions that exceed the simplified
acquisition threshold.
No respondents submitted comments
in response to the interim rule.
II. Discussion
Although no written public comments
were received, DoD has amended the
final rule as follows in response to
verbal questions, which indicated
possible misinterpretation of the interim
rule.
A. Tents and Structural Components of
Tents
Question: Does the term ‘‘structural
components’’ apply just to tents, or also
to tarpaulins and covers?
Response: The vertical listing of the
items at 225.7002–1(a)(3) and 252.225–
7012(b)(3) ensures clarity that the
phrase ‘‘structural components’’ only
applies to tents and not also to
tarpaulins and covers.
srobinson on DSK4SPTVN1PROD with RULES
B. Best Value When Acquiring Tents
and Other Temporary Structures
Question: Does the Berry Amendment
now apply to temporary structures?
Response: The interim rule addressed
at DFARS 225.7002–1(a)(3)(i) the
requirement to award contracts that
provide best value, when acquiring tents
and other temporary structures. DFARS
225.7002–1 implements the domestic
source restrictions of the Berry
Amendment (10 U.S.C. 2533a).
However, temporary structures are not
covered under the Berry Amendment.
Therefore, this requirement relating to
best value has been moved to DFARS
215.101, supplementing FAR 15.101,
Best value continuum. This will remove
any implication that temporary
structures are covered by the Berry
Amendment.
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,
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19:07 Feb 27, 2013
Jkt 229001
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. The Office of Information
and Regulatory Affairs has determined
that 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 final 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.
However, a final regulatory flexibility
analysis has been prepared and is
summarized as follows:
The objectives of this final rule are
to—
• Require that contracts for the
acquisition of tents and other temporary
structures provide best value, regardless
of whether purchased by DoD or by
another agency on behalf of DoD; and
• Extend the domestic source
restriction of 10 U.S.C. 2533a (the
‘‘Berry Amendment’’) to cover the
structural components of tents, in order
to promote the use of domestic materials
and enhance growth of the United States
economy.
The legal basis for this final rule is
sections 368 and 821 of the National
Defense Authorization Act for Fiscal
Year 2012 (Pub. L. 112–81). The
requirement to award contracts that
provide best value to the Government
does not have any impact on small
business entities, because that is already
a general requirement for all
acquisitions.
The domestic source restriction on the
structural components of tents does not
apply below the simplified acquisition
threshold. This restriction may affect
approximately 40 or fewer small
business concerns at the prime contract
level. Review of the Fiscal Year 2011
data on acquisition of items with
product or service code 8340 (tents or
tarpaulins) identified 49 actions with
small business concerns (contracts or
orders), estimated value of $48.6
million, of which about 10 percent
appeared to be for other than tents (e.g.,
prefabricated metal buildings and
components, metal household
furnishings, or electrical equipment).
The Federal Procurement Data System
does not provide data on components,
so it is not known the extent to which
the providers of tents currently utilize
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13545
domestic or foreign structural
components. An exception may be
granted if a component is domestically
nonavailable. However, this rule
promotes the use of domestic
components, and should, therefore, be
favorable to small entities that provide
domestic structural components of
tents. The requirements of the rule for
use of domestic components will not
apply below the simplified acquisition
threshold.
This rule does not impose any
reporting or recordkeeping
requirements. The rule does not
duplicate, overlap, or conflict with any
other Federal rules.
DoD did not identify any significant
alternatives that would accomplish the
stated objectives of the statute. The rule
specifically implements the statutory
requirement.
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 215,
225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 215, 225, and
252 which was published at 77 FR
38734 on June 29, 2012, is adopted as
a final rule with the following changes:
■ 1. The authority citation for 48 CFR
parts 215, 225, and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 215—CONTRACTING BY
NEGOTIATION
2. Subpart 215.1 is added to read as
follows:
■
Subpart 215.1—Source Selection
Processes and Techniques
Sec.
225.101 Best value continuum.
215.101–70 Best value when acquiring tents
or other temporary structures.
215.101
Best value continuum.
215.101–70. Best value when acquiring
tents or other temporary structures.
(a) In accordance with section 368 of
the National Defense Authorization Act
for Fiscal Year 2012 (Pub. L. 112–81),
when acquiring tents or other temporary
E:\FR\FM\28FER1.SGM
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13546
Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations
structures for use by the Armed Forces,
the contracting officer shall award
contracts that provide the best value.
Temporary structures covered by this
paragraph are nonpermanent buildings,
including tactical shelters,
nonpermanent modular or prefabricated buildings, or portable or
relocatable buildings, such as trailers or
equipment configured for occupancy
(see also 246.270–2). Determination of
best value includes consideration of the
total life-cycle costs of such tents or
structures, including the costs
associated with any equipment, fuel, or
electricity needed to heat, cool, or light
such tents or structures (see FAR
7.105(a)(3)(i) and PGI 207.105(a)(3)(i)).
(b) The requirements of this section
apply to any agency or department that
acquires tents or other temporary
structures on behalf of DoD (see FAR
17.503(d)(2)).
PART 225—FOREIGN ACQUISITION
3. Section 225.7002–1 is amended by
revising paragraph (a)(3) to read as
follows:
■
225.7002–1
Restrictions.
(a) * * *
(3)(i) Tents and the structural
components of tents;
(ii) Tarpaulins; or
(iii) Covers.
*
*
*
*
*
[Amended]
4. Section 252.212–7001 is amended
by removing the clause date ‘‘(DEC
2012)’’ and adding ‘‘(FEB 2013)’’ in its
place, and in paragraph (b)(9) removing
‘‘(DEC 2012)’’ and adding ‘‘(FEB 2013)’’
in its place.
■ 5. Section 252.225–7012 is amended
by removing the clause date ‘‘(DEC
2012)’’ and adding ‘‘(FEB 2013)’’ in its
place, and by revising paragraph (b)(3)
to read as follows:
■
252.225–7012 Preference for certain
domestic commodities.
srobinson on DSK4SPTVN1PROD with RULES
*
*
*
*
*
(b) * * *
(3)(i) Tents and structural components
of tents;
(ii) Tarpaulins; or
(iii) Covers.
*
*
*
*
*
[FR Doc. 2013–04355 Filed 2–27–13; 8:45 am]
BILLING CODE 5001–06–P
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Defense Acquisition Regulations
System
48 CFR Parts 219 and 252
[DFARS Case 2009–D002]
RIN 0750–AG40
Defense Federal Acquisition
Regulation Supplement; Electronic
Subcontracting Reporting System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has adopted as final,
with changes, an interim rule, amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
conform to the FAR regarding policy
and procedures related to the Electronic
Subcontracting Reporting System.
DATES: Effective February 28, 2013.
FOR FURTHER INFORMATION CONTACT: Lee
Renna, Defense Acquisition Regulations
System, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6095.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.212–7001
DEPARTMENT OF DEFENSE
DoD published an interim rule in the
Federal Register at 75 FR 65439 on
October 25, 2010, to amend section
219.708, clauses 252.212–7001,
252.219–7003, and 252.219–7004, and
sections I–105 and I–112 of Appendix I,
to provide DoD-specific procedures and
policies related to the Electronic
Subcontracting Reporting System
(eSRS). There were no comments
received in response to the interim rule.
Accordingly, the interim rule amending
48 CFR parts 219, 252, and Appendix I,
is adopted as a final rule with only
minor technical changes at 219.708.
II. Executive Order 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. The Office of Information
and Regulatory Affairs has determined
that this is not a significant regulatory
PO 00000
Frm 00104
Fmt 4700
Sfmt 4700
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.
III. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because small businesses are not
required to have subcontracting plans
and, therefore, are not required to use
eSRS to submit reports on their progress
in achieving the goals in those plans.
IV. Paperwork Reduction Act.
This final rule does not contain any
new information collection
requirements that require the approval
of the Office of Management and Budget
under the Paperwork Reduction Act (44
U.S.C. 35). This rule provides DoD
instructions on how to submit reports
that are already required by the FAR
and are covered under Office of
Management and Budget Clearance
Numbers 9000–0006, Subcontracting
Plans/Individual subcontract Report (SF
294) and 9000–0007, Summary Contract
Report.
List of Subjects in 48 CFR Parts 219 and
252
Government procurement.
Kortnee Stewart,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR parts 219 and 252,
which was published in the Federal
Register at 75 FR 65439 on October 25,
2010, is adopted a final with the
following changes:
PART 219—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 219 continues to read as follows:
■
Authority: 41. U.S.C. 1303 and 48 CFR
Chapter 1.
2. Section 219.708 is amended by
revising paragraph (b)(1) to read as
follows:
■
219.708
Contract clauses.
(b)(1)(A) Except as provided in
paragraph (b)(1)(B) of this section, use
the clause at 252.219–7003, Small
Business Subcontracting Plan (DoD
Contracts)—
(1) In solicitations and contracts that
contain the clause at FAR 52.219–9,
Small Business Subcontracting Plan.
(2) With its Alternate I in contracts
that use Alternate III of 52.219–9, Small
E:\FR\FM\28FER1.SGM
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]]>Agencies
[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13544-13546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04355]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 215, 225, and 252
RIN 0750-AH73
Defense Federal Acquisition Regulation Supplement: Acquisition of
Tents and Other Temporary Structures (DFARS Case 2012-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register (77 FR 38734)
on June
[[Page 13545]]
29, 2012, to implement sections 368 and 821 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81). Section 368
requires award of contracts that provide the best value, when acquiring
tents and other temporary structures, regardless of whether purchased
by DoD or by another agency on behalf of DoD. Section 821 amends 10
U.S.C. 2533a (the ``Berry Amendment'') to extend the restriction
requiring acquisition of domestic tents to include the structural
components of tents, applicable to acquisitions that exceed the
simplified acquisition threshold.
No respondents submitted comments in response to the interim rule.
II. Discussion
Although no written public comments were received, DoD has amended
the final rule as follows in response to verbal questions, which
indicated possible misinterpretation of the interim rule.
A. Tents and Structural Components of Tents
Question: Does the term ``structural components'' apply just to
tents, or also to tarpaulins and covers?
Response: The vertical listing of the items at 225.7002-1(a)(3) and
252.225-7012(b)(3) ensures clarity that the phrase ``structural
components'' only applies to tents and not also to tarpaulins and
covers.
B. Best Value When Acquiring Tents and Other Temporary Structures
Question: Does the Berry Amendment now apply to temporary
structures?
Response: The interim rule addressed at DFARS 225.7002-1(a)(3)(i)
the requirement to award contracts that provide best value, when
acquiring tents and other temporary structures. DFARS 225.7002-1
implements the domestic source restrictions of the Berry Amendment (10
U.S.C. 2533a). However, temporary structures are not covered under the
Berry Amendment. Therefore, this requirement relating to best value has
been moved to DFARS 215.101, supplementing FAR 15.101, Best value
continuum. This will remove any implication that temporary structures
are covered by the Berry Amendment.
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.
The Office of Information and Regulatory Affairs has determined that
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 final 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. However, a final
regulatory flexibility analysis has been prepared and is summarized as
follows:
The objectives of this final rule are to--
Require that contracts for the acquisition of tents and
other temporary structures provide best value, regardless of whether
purchased by DoD or by another agency on behalf of DoD; and
Extend the domestic source restriction of 10 U.S.C. 2533a
(the ``Berry Amendment'') to cover the structural components of tents,
in order to promote the use of domestic materials and enhance growth of
the United States economy.
The legal basis for this final rule is sections 368 and 821 of the
National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112-
81). The requirement to award contracts that provide best value to the
Government does not have any impact on small business entities, because
that is already a general requirement for all acquisitions.
The domestic source restriction on the structural components of
tents does not apply below the simplified acquisition threshold. This
restriction may affect approximately 40 or fewer small business
concerns at the prime contract level. Review of the Fiscal Year 2011
data on acquisition of items with product or service code 8340 (tents
or tarpaulins) identified 49 actions with small business concerns
(contracts or orders), estimated value of $48.6 million, of which about
10 percent appeared to be for other than tents (e.g., prefabricated
metal buildings and components, metal household furnishings, or
electrical equipment). The Federal Procurement Data System does not
provide data on components, so it is not known the extent to which the
providers of tents currently utilize domestic or foreign structural
components. An exception may be granted if a component is domestically
nonavailable. However, this rule promotes the use of domestic
components, and should, therefore, be favorable to small entities that
provide domestic structural components of tents. The requirements of
the rule for use of domestic components will not apply below the
simplified acquisition threshold.
This rule does not impose any reporting or recordkeeping
requirements. The rule does not duplicate, overlap, or conflict with
any other Federal rules.
DoD did not identify any significant alternatives that would
accomplish the stated objectives of the statute. The rule specifically
implements the statutory requirement.
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 215, 225, and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Accordingly, the interim rule amending 48 CFR parts 215, 225, and
252 which was published at 77 FR 38734 on June 29, 2012, is adopted as
a final rule with the following changes:
0
1. The authority citation for 48 CFR parts 215, 225, and 252 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 215--CONTRACTING BY NEGOTIATION
0
2. Subpart 215.1 is added to read as follows:
Subpart 215.1--Source Selection Processes and Techniques
Sec.
225.101 Best value continuum.
215.101-70 Best value when acquiring tents or other temporary
structures.
215.101 Best value continuum.
215.101-70. Best value when acquiring tents or other temporary
structures.
(a) In accordance with section 368 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-81), when acquiring
tents or other temporary
[[Page 13546]]
structures for use by the Armed Forces, the contracting officer shall
award contracts that provide the best value. Temporary structures
covered by this paragraph are nonpermanent buildings, including
tactical shelters, nonpermanent modular or pre-fabricated buildings, or
portable or relocatable buildings, such as trailers or equipment
configured for occupancy (see also 246.270-2). Determination of best
value includes consideration of the total life-cycle costs of such
tents or structures, including the costs associated with any equipment,
fuel, or electricity needed to heat, cool, or light such tents or
structures (see FAR 7.105(a)(3)(i) and PGI 207.105(a)(3)(i)).
(b) The requirements of this section apply to any agency or
department that acquires tents or other temporary structures on behalf
of DoD (see FAR 17.503(d)(2)).
PART 225--FOREIGN ACQUISITION
0
3. Section 225.7002-1 is amended by revising paragraph (a)(3) to read
as follows:
225.7002-1 Restrictions.
(a) * * *
(3)(i) Tents and the structural components of tents;
(ii) Tarpaulins; or
(iii) Covers.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.212-7001 [Amended]
0
4. Section 252.212-7001 is amended by removing the clause date ``(DEC
2012)'' and adding ``(FEB 2013)'' in its place, and in paragraph (b)(9)
removing ``(DEC 2012)'' and adding ``(FEB 2013)'' in its place.
0
5. Section 252.225-7012 is amended by removing the clause date ``(DEC
2012)'' and adding ``(FEB 2013)'' in its place, and by revising
paragraph (b)(3) to read as follows:
252.225-7012 Preference for certain domestic commodities.
* * * * *
(b) * * *
(3)(i) Tents and structural components of tents;
(ii) Tarpaulins; or
(iii) Covers.
* * * * *
[FR Doc. 2013-04355 Filed 2-27-13; 8:45 am]
BILLING CODE 5001-06-P
