Defense Federal Acquisition Regulation Supplement: Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048), 28793-28794 [2013-11401]

Download as PDF 28793 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules CONTRACTOR FORWARD PRICING RATE PROPOSAL ADEQUACY CHECKLIST—Continued References Proposal page No. Submission item If not provided EXPLAIN (may use continuation pages) Cost of Money (COM) 24. FAR 15.408, Table 15–2, Section II.F. 25. DFARS 252.215–7002(d)(4)(iv) ...... Are Cost of Money rates submitted on Form CASB–CMF, with the Treasury Rate used to compute COM identified and a summary of the net book value of assets, identified as distributed & non-distributed? Does the proposal identify the support for the Form CASB–CMF, for example, the underlying reports and records supporting the net book value of assets contained in the form? OTHER 26. DFARS 252.215–7002(d)(4)(xiii) .... 27. DFARS 252.215–7002(d)(4)(xiv) .... Does the proposal include a comparison of prior forecasted costs to actual results in the same format as the proposal and an explanation/analysis of any differences? If this is a revision to a previous rate proposal or an FPRA, does the new proposal provide a summary of the changes in the circumstances or the facts that the contractor asserts require the change to the rates? [FR Doc. 2013–11402 Filed 5–15–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 225 RIN 0750–AH84 Defense Federal Acquisition Regulation Supplement: Preparation of Letter of Offer and Acceptance (DFARS Case 2012–D048) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Proposed rule. AGENCY: DoD is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to address the contracting officer role in assisting the DoD implementing agency in preparation of the letter of offer and acceptance for a foreign military sales program that will require an acquisition. DATES: Comment Date: Comments on the proposed rule should be submitted in writing to the address shown below on or before July 15, 2013, to be considered in the formation of a final rule. erowe on DSK2VPTVN1PROD with PROPOSALS-1 SUMMARY: Submit comments identified by DFARS Case 2012–D048, using any of the following methods: Æ Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by ADDRESSES: VerDate Mar<15>2010 14:45 May 15, 2013 Jkt 229001 entering ‘‘DFARS Case 2012–D048’’ under the heading ‘‘Enter keyword or ID’’ and selecting ‘‘Search.’’ Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘DFARS Case 2012– D048.’’ Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘DFARS Case 2012– D048’’ on your attached document. Æ Email: dfars@osd.mil. Include DFARS Case 2012–D048 in the subject line of the message. Æ Fax: 571–372–6094. Æ Mail: Defense Acquisition Regulations System, Attn: Ms. Amy Williams, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Comments received generally will be posted without change to http:// www.regulations.gov, including any personal information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail). FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, Washington, DC 20301–3060. Telephone 571–372–6106. SUPPLEMENTARY INFORMATION: I. Background DoD is proposing to amend DFARS 225.7302 to revise and move the text at PGI 225.7302(1) into the DFARS, PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 because of potential impact on contractors. II. 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. III. 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. However, DoD has prepared an Initial Regulatory Flexibility Analysis, which is summarized as follows: This action is necessary because the directions to the contracting officer at PGI 225.7302(1) may have impact on prospective contractors, and therefore require relocation to the DFARS. The objective of this rule is to provide direction to the contracting officer on actions required to work with the E:\FR\FM\16MYP1.SGM 16MYP1 28794 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules prospective contractor to assist the DoD implementing activity in preparing the letter of offer and acceptance for a foreign military sales program that requires an acquisition. The legal basis for the rule is 41 U.S.C. 1303. The rule will apply to approximately 380 small entities, based on the FPDS data for FY 2011 of the number of noncompetitive contract awards to small business entities that exceed $10,000 and use FMS funds. There is no required reporting or recordkeeping. The rule requires the contracting officer to communicate with prospective FMS contractors in order to assist the DoD implementing agency in preparation of the letter of offer and acceptance. The contracting officer may request information on price, delivery, and other relevant factors, and provide information to the prospective contractor with regard to the FMS customer. The rule does not duplicate, overlap, or conflict with any other Federal rules. DoD does not expect the rule will have a significant economic impact on a significant number of small entities. No significant alternatives were identified that would accomplish the objectives of the proposed rule. DoD invites comments from small business concerns and other interested parties on the expected impact of this rule on small entities. DoD will also consider comments from small entities concerning the existing regulations in subparts affected by the rule in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 610 (DFARS Case 2012–D048), in correspondence. 225.7302 Preparation of letter of offer and acceptance. IV. 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). [Docket No. 130425406–3406–01] List of Subjects in 48 CFR Part 225 Government procurement. erowe on DSK2VPTVN1PROD with PROPOSALS-1 Therefore, DoD proposes to amend 48 CFR part 225 as follows: 1. The authority citation for part 225 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Revise section 225.7302 to read as follows: ■ VerDate Mar<15>2010 18:07 May 15, 2013 Jkt 229001 [FR Doc. 2013–11401 Filed 5–15–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 RIN 0648–BD26 Control Date for Qualifying Landings History and To Limit Speculative Entry Into the Longfin Squid/Butterfish Fishery; Mackerel, Squid and Butterfish Fishery Management Plan National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Advance notice of proposed rulemaking (ANPR); request for comments. AGENCY: Manuel Quinones, Editor, Defense Acquisition Regulations System. PART 225—CONTRACTING BY NEGOTIATION For FMS programs that will require an acquisition, the contracting officer shall assist the DoD implementing agency responsible for preparing the Letter of Offer and Acceptance (LOA) by— (1) Working with prospective contractors to— (i) Identify, in advance of the LOA, any unusual provisions or deviations (such as those requirements for Pseudo LOAs identified at PGI 225.7301); (ii) Advise the contractor if the DoD implementing agency expands, modifies, or does not accept any key elements of the prospective contractor’s proposal; (iii) Identify any logistics support necessary to perform the contract (such as those requirements identified at PGI 225.7301); and (iv) For noncompetitive acquisitions over $10,000, ask the prospective contractor for information on price, delivery, and other relevant factors. The request for information shall identify the fact that the information is for a potential foreign military sale and shall identify the foreign customer; and (2) Working with the DoD implementing agency responsible for preparing the LOA, as specified in PGI 225.7302. At the request of the MidAtlantic Fishery Management Council, this notice announces a control date that may be applicable, but not limited to, qualifying landings history for continued access to the longfin squid/ butterfish moratorium limited access permit program. NMFS intends this notice to promote awareness of possible SUMMARY: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 rulemaking, alert interested parties of potential eligibility criteria for future access, and discourage speculative entry into and/or investment in the longfin squid/butterfish fishery while the MidAtlantic Fishery Management Council considers if and how access to the longfin squid/butterfish fishery should be controlled. May 16, 2013, shall be known as the ‘‘control date’’ for the longfin squid/ butterfish fishery, and may be used as a reference date for future management measures related to the maintenance of a fishery with characteristics consistent with the Council’s objectives and applicable Federal laws. Written comments must be received on or before 5 p.m., local time June 17, 2013. DATES: You may submit comments on this document, identified by NOAA– NMFS–2013–0076 by any of the following methods: D Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/ #!docketDetail;D=NOAA-NMFS-20130076, click the ‘‘Comment Now!’’ icon, complete the required fields, and enter or attach your comments. D Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, ‘‘Comments on Longfin/butterfish Qualification Control Date.’’ D Fax: (978) 281–9135; Attn: Aja Szumylo. Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. We may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter ‘‘N/A’’ in the required fields if you wish to remain anonymous). We accept attachments to electronic comments only in Microsoft ADDRESSES: E:\FR\FM\16MYP1.SGM 16MYP1

Agencies

[Federal Register Volume 78, Number 95 (Thursday, May 16, 2013)]
[Proposed Rules]
[Pages 28793-28794]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11401]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 225

RIN 0750-AH84


Defense Federal Acquisition Regulation Supplement: Preparation of 
Letter of Offer and Acceptance (DFARS Case 2012-D048)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement (DFARS) to address the contracting officer role 
in assisting the DoD implementing agency in preparation of the letter 
of offer and acceptance for a foreign military sales program that will 
require an acquisition.

DATES: Comment Date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before July 15, 2013, to be 
considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2012-D048, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D048'' 
under the heading ``Enter keyword or ID'' and selecting ``Search.'' 
Select the link ``Submit a Comment'' that corresponds with ``DFARS Case 
2012-D048.'' Follow the instructions provided at the ``Submit a 
Comment'' screen. Please include your name, company name (if any), and 
``DFARS Case 2012-D048'' on your attached document.
    [cir] Email: dfars@osd.mil. Include DFARS Case 2012-D048 in the 
subject line of the message.
    [cir] Fax: 571-372-6094.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
Williams, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense 
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD is proposing to amend DFARS 225.7302 to revise and move the 
text at PGI 225.7302(1) into the DFARS, because of potential impact on 
contractors.

II. 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.

III. 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. However, DoD has 
prepared an Initial Regulatory Flexibility Analysis, which is 
summarized as follows:
    This action is necessary because the directions to the contracting 
officer at PGI 225.7302(1) may have impact on prospective contractors, 
and therefore require relocation to the DFARS.
    The objective of this rule is to provide direction to the 
contracting officer on actions required to work with the

[[Page 28794]]

prospective contractor to assist the DoD implementing activity in 
preparing the letter of offer and acceptance for a foreign military 
sales program that requires an acquisition. The legal basis for the 
rule is 41 U.S.C. 1303.
    The rule will apply to approximately 380 small entities, based on 
the FPDS data for FY 2011 of the number of noncompetitive contract 
awards to small business entities that exceed $10,000 and use FMS 
funds.
    There is no required reporting or recordkeeping. The rule requires 
the contracting officer to communicate with prospective FMS contractors 
in order to assist the DoD implementing agency in preparation of the 
letter of offer and acceptance. The contracting officer may request 
information on price, delivery, and other relevant factors, and provide 
information to the prospective contractor with regard to the FMS 
customer.
    The rule does not duplicate, overlap, or conflict with any other 
Federal rules.
    DoD does not expect the rule will have a significant economic 
impact on a significant number of small entities. No significant 
alternatives were identified that would accomplish the objectives of 
the proposed rule.
    DoD invites comments from small business concerns and other 
interested parties on the expected impact of this rule on small 
entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C 610 (DFARS Case 2012-D048), in 
correspondence.

IV. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 225

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, DoD proposes to amend 48 CFR part 225 as follows:

PART 225--CONTRACTING BY NEGOTIATION

0
1. The authority citation for part 225 continues to read as follows:

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

0
2. Revise section 225.7302 to read as follows:


225.7302  Preparation of letter of offer and acceptance.

    For FMS programs that will require an acquisition, the contracting 
officer shall assist the DoD implementing agency responsible for 
preparing the Letter of Offer and Acceptance (LOA) by--
    (1) Working with prospective contractors to--
    (i) Identify, in advance of the LOA, any unusual provisions or 
deviations (such as those requirements for Pseudo LOAs identified at 
PGI 225.7301);
    (ii) Advise the contractor if the DoD implementing agency expands, 
modifies, or does not accept any key elements of the prospective 
contractor's proposal;
    (iii) Identify any logistics support necessary to perform the 
contract (such as those requirements identified at PGI 225.7301); and
    (iv) For noncompetitive acquisitions over $10,000, ask the 
prospective contractor for information on price, delivery, and other 
relevant factors. The request for information shall identify the fact 
that the information is for a potential foreign military sale and shall 
identify the foreign customer; and
    (2) Working with the DoD implementing agency responsible for 
preparing the LOA, as specified in PGI 225.7302.

[FR Doc. 2013-11401 Filed 5-15-13; 8:45 am]
BILLING CODE 5001-06-P