Defense Federal Acquisition Regulation Supplement: Preparation of Letter of Offer and Acceptance (DFARS Case 2012-D048), 73450-73451 [2013-29153]
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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.
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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 ‘‘https://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 ‘‘https://
www.per.hqusareur.army.mil/cpd/
docper/GermanyDefault.aspx’’ and
■
PO 00000
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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
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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
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]]>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]
-----------------------------------------------------------------------
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
