Defense Federal Acquisition Regulation Supplement: Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048), 73450-73451 [2013-29153]

Download as PDF 73450 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations BILLING CODE P List of Subjects in 48 CFR Parts 201, 204, 212, 216, 225, 227, and 252 Government procurement. DEPARTMENT OF DEFENSE Manuel Quinones, Editor, Defense Acquisition Regulations System. [FR Doc. 2013–28814 Filed 12–5–13; 8:45 am] Defense Acquisition Regulations System Therefore, 48 CFR Parts 201, 204, 212, 216, 225, 227, and 252 are amended as follows: 48 CFR Parts 201, 204, 212, 216, 225, 227, and 252 1. The authority citation for 48 CFR Parts 201, 204, 212, 216, 225, 227, and 252 continues to read as follows: ■ Defense Federal Acquisition Regulation Supplement; Technical Amendments Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM Defense Acquisition Regulations System, Department of Defense (DoD). AGENCY: ACTION: 201.603 Final rule. DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes. SUMMARY: DATES: 203.906 Effective December 6, 2013. 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. This final rule amends the DFARS as follows: 1. Revises the section heading at 201.603 for consistency with the FAR. 2. Corrects 204.7207(a) to conform to the FAR by changing ‘‘clause’’ to ‘‘provision.’’ 3. Corrects typographical error at 203.906(1). 4. Removes 212.301(f)(xlii) as a result of changes under DFARS final rule 2013–D037, published on November 18, 2013. 5. Corrects cross-reference at 216.405– 2–71(b) as a result of changes under DFARS final rule 2013–D037, published on November 18, 2013. 6. Corrects e-CFR by removing subsections 225.370–1 through 225.370– 6. 7. Corrects the hyperlink at 225.7401(b). 8. Removes table of contents heading at 227.7203–7. 9. Correct office designation at 252.225–7004 and 252.225–7006. maindgalligan on DSK5TPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: 16:51 Dec 05, 2013 Jkt 232001 [Amended] PART 227—PATENTS, DATA, AND COPYRIGHTS 227.7203–7 ■ [Removed] 9. Remove reserved section 227.7203– 7. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.225–7004 [Amended] 10. Section 252.225–7004 paragraph (c)(5) is amended by removing ‘‘OUSD(AT&L)DPAP(CPIC),’’ and adding ‘‘OUSD(AT&L) DPAP/CPIC,’’ in its place. ■ 252.225–7006 [Amended] 11. Section 252.225–7006 paragraph (d) is amended by removing ‘‘OUSD(AT&L)DPAP(CPIC)’’ and adding ‘‘OUSD(AT&L) DPAP/CPIC’’ in its place. ■ [FR Doc. 2013–29146 Filed 12–5–13; 8:45 am] BILLING CODE 5001–06–P 3. Section 203.906(1) is amended by removing ‘‘203.903;’’ and adding ‘‘203.903’’ in its place. ■ FOR FURTHER INFORMATION CONTACT: VerDate Mar<15>2010 [Amended] 2. Section heading at 201.603 is amended by removing ‘‘termination of appointment’’ and adding ‘‘termination of appointment for contracting officers’’ in its place. ■ adding ‘‘http://www.eur.army.mil/g1/ content/CPD/docper.html’’ in its place. PART 204—ADMINISTRATIVE MATTERS 204.7207 4. Section 204.7207 paragraph (a) is amended by removing the word ‘‘clause’’ and adding the word ‘‘provision’’ in its place. PART 212—ACQUISITION OF COMMERCIAL ITEMS [Amended] 5. Section 212.301 is amended by removing paragraph (f)(xlii) and redesignating (f)(xliii) through (lxviii) as (f)(xlii) through (lxvii). PART 216—TYPES OF CONTRACTS [Amended] 6. Section 216.405–2–71 paragraph (b) is amended by removing ‘‘252.225– 7039’’ and adding ‘‘FAR 52.225–26’’ in its place. ■ PART 225—FOREIGN ACQUISITION 225.370–1 through 225.370–6 [Removed] 7. Remove sections 225.370–1 through 225.370–6. ■ 225.7401 [Amended] 8. Section 225.7401 paragraph (b) is amended by removing ‘‘http:// www.per.hqusareur.army.mil/cpd/ docper/GermanyDefault.aspx’’ and ■ PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 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: Final rule. AGENCY: ■ 216.405–2–71 Defense Acquisition Regulations System 48 CFR Part 225 [Amended] ■ 212.301 DEPARTMENT OF DEFENSE DoD is issuing a final rule amending 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: Effective December 6, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571–372– 6106. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD published a proposed rule in the Federal Register at 78 FR 28793 on May 16, 2013, to address the contracting officer role in assisting the DoD implementing agency in preparation of E:\FR\FM\06DER1.SGM 06DER1 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations the letter of offer and acceptance for a foreign military sales program that will require an acquisition. No respondents submitted public comments in response to the proposed rule. There are no changes from the proposed rule in the final rule. maindgalligan on DSK5TPTVN1PROD with RULES 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 A final regulatory flexibility analysis has been prepared consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., and is summarized as follows: This action is necessary because the directions to the contracting officer at PGI 225.7302 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 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. There were no comments in response to the initial regulatory flexibility analysis. The Chief Counsel for Advocacy of the Small Business Administration did not file any comments. 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 a prospective FMS contractor 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 VerDate Mar<15>2010 16:51 Dec 05, 2013 Jkt 232001 information to the prospective contractor with regard to the FMS customer. 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 rule. 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 Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 225 is amended as follows: PART 225—FOREIGN ACQUISITION 1. The authority citation for 48 CFR Part 225 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 2. Section 225.7302 is revised 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 Frm 00073 Fmt 4700 Sfmt 4700 preparing the LOA, as specified in PGI 225.7302. [FR Doc. 2013–29153 Filed 12–5–13; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 231 RIN 0750–AH76 Defense Federal Acquisition Regulation Supplement: Unallowable Fringe Benefit Costs (DFARS Case 2012–D038) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: Government procurement. PO 00000 73451 DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to explicitly state that fringe benefit costs that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable. DATES: Effective December 6, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Susan Williams, telephone 571–372– 6092. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background DoD published a proposed rule in the Federal Register at 78 FR 13606 on February 28, 2013, to revise the DFARS at 231.205–6 to implement the Director of Defense Pricing policy memo ‘‘Unallowable Costs for Ineligible Dependent Health Care Benefits’’, dated February 17, 2012. This rule adds paragraph 231.205–6(m)(1) to explicitly state that fringe benefit costs that are contrary to law, employer-employee agreement, or an established policy of the contractor are unallowable. II. Discussion and Analysis of Public Comments DoD reviewed the public comments in the development of the final rule. A discussion of the comments and the changes made as a result of those comments is provided, as follows: A. Summary of Significant Changes from the Proposed Rule After consideration of a public comment, DoD determined that the reference to ‘‘incurred or estimated’’ within the DFARS text should be deleted. E:\FR\FM\06DER1.SGM 06DER1

Agencies

[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Rules and Regulations]
[Pages 73450-73451]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-29153]


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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: Final rule.

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

SUMMARY: DoD is issuing a final rule amending 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: Effective December 6, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-
6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 78 FR 
28793 on May 16, 2013, to address the contracting officer role in 
assisting the DoD implementing agency in preparation of

[[Page 73451]]

the letter of offer and acceptance for a foreign military sales program 
that will require an acquisition. No respondents submitted public 
comments in response to the proposed rule. There are no changes from 
the proposed rule in the final rule.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows:
    This action is necessary because the directions to the contracting 
officer at PGI 225.7302 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 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.
    There were no comments in response to the initial regulatory 
flexibility analysis. The Chief Counsel for Advocacy of the Small 
Business Administration did not file any comments.
    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 a prospective FMS 
contractor 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.
    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 rule.

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, 48 CFR Part 225 is amended as follows:

PART 225--FOREIGN ACQUISITION

0
1. The authority citation for 48 CFR Part 225 continues to read as 
follows:

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

0
2. Section 225.7302 is revised 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. 2013-29153 Filed 12-5-13; 8:45 am]
BILLING CODE 5001-06-P