Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Research and Development Contracting (DFARS Case 2013-D026), 17447-17448 [2014-06736]
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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations
V. Paperwork Reduction Act
I. Background
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).
DoD published a proposed rule in the
Federal Register at 78 FR 73475 on
December 6, 2013, to amend the
presentation of the DFARS part 235
clause with its alternate and their
prescriptions. This final rule addresses
the single clause affected, which is
252.235–7003, Frequency
Authorization, and its alternate.
One public comment was received;
however it was not related to the
proposed rule and therefore not
considered in drafting the final rule.
Minor editorial changes were made to
standardize language used in the final
rule for the clause prescriptions and
prefaces in order to provide uniform
arrangement in the regulations.
List of Subjects in 48 CFR Part 212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
■
II. Executive Orders 12866 and 13563
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
212.7102–3
[Amended]
2. Section 212.7102–3 is amended by
removing ‘‘January 6, 2016’’ from
paragraph (a) and adding in its place
‘‘December 31, 2019’’.
■
[FR Doc. 2014–06737 Filed 3–27–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 235 and 252
RIN 0750–AI10
III. Regulatory Flexibility Act
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Research and
Development Contracting (DFARS
Case 2013–D026)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to create an overarching
prescription for a research and
development-related clause with an
alternate. The rule also includes
separate prescriptions for the basic and
alternate clause and includes the full
text of the alternate clause.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:20 Mar 27, 2014
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.
Jkt 232001
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 final rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) to create
prescriptions for the basic version and
the alternate of a DFARS part 235
solicitation and contract clause and to
include the full text of the alternate
clause.
The public did not raise any issues in
response to the initial regulatory
flexibility analysis. The Chief Counsel
for Advocacy of the Small Business
Administration did not submit any
comments in response to the rule.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for
clause alternates in solicitations and
contracts issued by DoD contracting
activities. According to the Federal
Procurement Data System, in fiscal year
PO 00000
Frm 00061
Fmt 4700
Sfmt 4700
17447
2012, DoD made approximately 270,000
contract awards (not including
modification and orders) that exceeded
the micro-purchase threshold, of which
approximately 180,000 (67%) were
awarded to small businesses. It is
unknown how many of these contracts
were awarded that included an alternate
to a DFARS provision or clause.
Nothing substantive will change in
solicitations or contracts for potential
offerors, and only the appearance of
how clause alternates are presented in
the solicitations and contracts will be
changed. This rule may result in
potential offerors, including small
businesses, expending more time to
become familiar with and to understand
the new format of the clause alternates
in full text contained in contracts issued
by any DoD contracting activity. The
rule also anticipates saving contractors
time by making all paragraph
substitutions from the basic version of
the clause, and not requiring the
contractors to read inapplicable
paragraphs contained in the basic
version of the clause. The overall
burden caused by this rule is expected
to be negligible and will not be any
greater on small businesses than it is on
large businesses.
This rule does not add any new
information collection requirements.
The rule does not duplicate, overlap, or
conflict with any other Federal rules. No
alternatives were identified that will
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 Parts 235 and
252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 235 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 235 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 235—RESEARCH AND
DEVELOPMENT CONTRACTING
2. In section 235.072, revise paragraph
(b) to read as follows:
■
235.072
*
E:\FR\FM\28MRR1.SGM
*
Additional contract clauses.
*
28MRR1
*
*
17448
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations
(b) Use the basic or the alternate of the
clause at 252.235–7003, Frequency
Authorization, in solicitations and
contracts for developing, producing,
constructing, testing, or operating a
device requiring a frequency
authorization.
(1) Use the basic clause if agency
procedures do not authorize the use of
DD Form 1494, Application for
Equipment Frequency Allocation, to
obtain radio frequency authorization.
(2) Use the alternate I clause if agency
procedures authorize the use of DD
Form 1494, Application for Equipment
Frequency Allocation, to obtain
frequency authorization.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Amend section 252.235–7003 by—
a. Revising the introductory text,
clause title and date; and
■ b. Revising Alternate I.
■
■
252.235–7003
Frequency authorization.
As prescribed in 235.072(b), use one
of the following clauses:
Basic. As prescribed at 235.072(b)(1),
use the following clause.
FREQUENCY AUTHORIZATION—BASIC
(MAR 2014)
*
*
*
*
*
Alternate I. As prescribed at 235.072(b)(2),
use the following clause, which uses a
different paragraph (c) than the basic clause.
tkelley on DSK3SPTVN1PROD with RULES
FREQUENCY AUTHORIZATION—
ALTERNATE I (MAR 2014)
(a) The Contractor shall obtain
authorization for radio frequencies required
in support of this contract.
(b) For any experimental, developmental,
or operational equipment for which the
appropriate frequency allocation has not
been made, the Contractor shall provide the
technical operating characteristics of the
proposed electromagnetic radiating device to
the Contracting Officer during the initial
planning, experimental, or developmental
phase of contract performance.
(c) The Contractor shall use DD Form 1494,
Application for Equipment Frequency
Allocation, to obtain radio frequency
authorization.
(d) The Contractor shall include this
clause, including this paragraph (d), in all
subcontracts requiring the development,
production, construction, testing, or
operation of a device for which a radio
frequency authorization is required.
(End of clause)
[FR Doc. 2014–06736 Filed 3–27–14; 8:45 am]
BILLING CODE 5001–06–P
VerDate Mar<15>2010
16:20 Mar 27, 2014
Jkt 232001
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 246 and 252
RIN 0750–AH95
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Quality Assurance
(DFARS Case 2013–D004)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to create an overarching
prescription for a quality assurancerelated clause with two alternates. The
rule also includes separate prescriptions
for the basic and alternate clauses and
includes the full text of each alternate.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 48407 on
August 8, 2013, to revise the
presentation of the DFARS part 246
clause with alternates and their
prescriptions.
II. Discussion
This final rule addresses the single
DFARS part 246 clause that has
alternates. The affected clause is
252.246–7001, Warranty of Data, with
two alternates. The naming convention
results in new clause titles: Warranty of
Data—Basic, Warranty of Data—
Alternate I, and Warranty of Data—
Alternate II.
No public comments were submitted
in response to the proposed rule. Minor
editorial changes were made in the final
rule to standardize language used for the
clause prescriptions and prefaces to
provide uniform arrangement in the
regulations.
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
PO 00000
Frm 00062
Fmt 4700
Sfmt 4700
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.
IV. 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 final rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) to (1) create an
umbrella prescription for the elements
common to the basic clause and both
alternates, (2) create a specific
prescription for the basic clause and
each alternate clause that address only
the requirements for their use of the
alternate so that it is clear which is
appropriate in a specific procurement,
and (3) include the full text of the clause
alternate. The inclusion of the full text
of the alternate clause makes the terms
clearer to offerors, and contractors, as
well as to DoD contracting officers. The
prescriptions are not revised in any way
to change when the clause is applicable
to offerors, contractors, or
subcontractors.
No comments were received from the
public in response to the initial
regulatory flexibility analysis. The Chief
Counsel for Advocacy of the Small
Business Administration did not submit
any comments in response to the rule.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for
clause alternates in solicitations and
contracts issued by DoD contracting
activities. According to the Federal
Procurement Data System, in Fiscal
Year 2012, DoD made approximately
270,000 contract awards (not including
modification and orders) that exceeded
the micro-purchase threshold, of which
approximately 180,000 (67%) were
awarded to small businesses. It is
unknown how many of these contracts
were awarded that included an alternate
to a DFARS provision or clause. Nothing
substantive will change in solicitations
or contracts for potential offerors, and
only the appearance of how clause
alternates are presented in the
solicitations and contracts will be
changed. This rule may result in
potential offerors, including small
businesses, expending more time to
become familiar with and to understand
the new format of the clause alternates
in full text contained in contracts issued
E:\FR\FM\28MRR1.SGM
28MRR1
]]>Agencies
[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17447-17448]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06736]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 235 and 252
RIN 0750-AI10
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Research and Development Contracting (DFARS Case 2013-D026)
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 create an overarching
prescription for a research and development-related clause with an
alternate. The rule also includes separate prescriptions for the basic
and alternate clause and includes the full text of the alternate
clause.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
73475 on December 6, 2013, to amend the presentation of the DFARS part
235 clause with its alternate and their prescriptions. This final rule
addresses the single clause affected, which is 252.235-7003, Frequency
Authorization, and its alternate.
One public comment was received; however it was not related to the
proposed rule and therefore not considered in drafting the final rule.
Minor editorial changes were made to standardize language used in the
final rule for the clause prescriptions and prefaces in order to
provide uniform arrangement in the regulations.
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 final rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to create prescriptions for the basic version and
the alternate of a DFARS part 235 solicitation and contract clause and
to include the full text of the alternate clause.
The public did not raise any issues in response to the initial
regulatory flexibility analysis. The Chief Counsel for Advocacy of the
Small Business Administration did not submit any comments in response
to the rule.
Potential offerors, including small businesses, may be affected by
this rule by seeing an unfamiliar format for clause alternates in
solicitations and contracts issued by DoD contracting activities.
According to the Federal Procurement Data System, in fiscal year 2012,
DoD made approximately 270,000 contract awards (not including
modification and orders) that exceeded the micro-purchase threshold, of
which approximately 180,000 (67%) were awarded to small businesses. It
is unknown how many of these contracts were awarded that included an
alternate to a DFARS provision or clause.
Nothing substantive will change in solicitations or contracts for
potential offerors, and only the appearance of how clause alternates
are presented in the solicitations and contracts will be changed. This
rule may result in potential offerors, including small businesses,
expending more time to become familiar with and to understand the new
format of the clause alternates in full text contained in contracts
issued by any DoD contracting activity. The rule also anticipates
saving contractors time by making all paragraph substitutions from the
basic version of the clause, and not requiring the contractors to read
inapplicable paragraphs contained in the basic version of the clause.
The overall burden caused by this rule is expected to be negligible and
will not be any greater on small businesses than it is on large
businesses.
This rule does not add any new information collection requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No alternatives were identified that will 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 Parts 235 and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 235 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 235 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
2. In section 235.072, revise paragraph (b) to read as follows:
235.072 Additional contract clauses.
* * * * *
[[Page 17448]]
(b) Use the basic or the alternate of the clause at 252.235-7003,
Frequency Authorization, in solicitations and contracts for developing,
producing, constructing, testing, or operating a device requiring a
frequency authorization.
(1) Use the basic clause if agency procedures do not authorize the
use of DD Form 1494, Application for Equipment Frequency Allocation, to
obtain radio frequency authorization.
(2) Use the alternate I clause if agency procedures authorize the
use of DD Form 1494, Application for Equipment Frequency Allocation, to
obtain frequency authorization.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.235-7003 by--
0
a. Revising the introductory text, clause title and date; and
0
b. Revising Alternate I.
252.235-7003 Frequency authorization.
As prescribed in 235.072(b), use one of the following clauses:
Basic. As prescribed at 235.072(b)(1), use the following clause.
FREQUENCY AUTHORIZATION--BASIC (MAR 2014)
* * * * *
Alternate I. As prescribed at 235.072(b)(2), use the following
clause, which uses a different paragraph (c) than the basic clause.
FREQUENCY AUTHORIZATION--ALTERNATE I (MAR 2014)
(a) The Contractor shall obtain authorization for radio
frequencies required in support of this contract.
(b) For any experimental, developmental, or operational
equipment for which the appropriate frequency allocation has not
been made, the Contractor shall provide the technical operating
characteristics of the proposed electromagnetic radiating device to
the Contracting Officer during the initial planning, experimental,
or developmental phase of contract performance.
(c) The Contractor shall use DD Form 1494, Application for
Equipment Frequency Allocation, to obtain radio frequency
authorization.
(d) The Contractor shall include this clause, including this
paragraph (d), in all subcontracts requiring the development,
production, construction, testing, or operation of a device for
which a radio frequency authorization is required.
(End of clause)
[FR Doc. 2014-06736 Filed 3-27-14; 8:45 am]
BILLING CODE 5001-06-P
