Defense Federal Acquisition Regulation Supplement: Photovoltaic Devices (DFARS Case 2014-D006), 22041-22042 [2014-08859]
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
Washington, DC 20590, one copy of the rated
on board vessel operating carrier’s ocean bill
of lading, which shall contain the following
information:
(1) Prime contract number;
(2) Name of vessel;
(3) Vessel flag of registry;
(4) Date of loading;
(5) Port of loading;
(6) Port of final discharge;
(7) Description of commodity;
(8) Gross weight in pounds and cubic feet
if available;
(9) Total ocean freight in U.S. dollars; and
(10) Name of steamship company.
(f) If this contract exceeds the simplified
acquisition threshold, the Contractor shall
provide with its final invoice under this
contract a representation that to the best of
its knowledge and belief—
(1) No ocean transportation was used in the
performance of this contract;
(2) Ocean transportation was used and only
U.S.-flag vessels were used for all ocean
shipments under the contract;
Item description
22041
(3) Ocean transportation was used, and the
Contractor had the written consent of the
Contracting Officer for all foreign-flag ocean
transportation; or
(4) Ocean transportation was used and
some or all of the shipments were made on
foreign-flag vessels without the written
consent of the Contracting Officer. The
Contractor shall describe these shipments in
the following format:
Contract line items
Quantity
TOTAL .....................
(g) If this contract exceeds the simplified
acquisition threshold and the final invoice
does not include the required representation,
the Government will reject and return it to
the Contractor as an improper invoice for the
purposes of the Prompt Payment clause of
this contract. In the event there has been
unauthorized use of foreign-flag vessels in
the performance of this contract, the
Contracting Officer is entitled to equitably
adjust the contract, based on the
unauthorized use.
(h) In the award of subcontracts for the
types of supplies described in paragraph
(b)(2) of this clause, including subcontracts
for commercial items, the Contractor shall
flow down the requirements of this clause as
follows:
(1) The Contractor shall insert the
substance of this clause, including this
paragraph (h), in subcontracts that exceed the
simplified acquisition threshold in part 2 of
the Federal Acquisition Regulation.
(2) The Contractor shall insert the
substance of paragraphs (a) through (e) of this
clause, and this paragraph (h), in
subcontracts that are at or below the
simplified acquisition threshold in part 2 of
the Federal Acquisition Regulation.
(End of clause)
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
mstockstill on DSK4VPTVN1PROD with RULES
RIN 0750–AI18
Defense Federal Acquisition
Regulation Supplement: Photovoltaic
Devices (DFARS Case 2014–D006)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
DoD has adopted as final,
without change, an interim rule
SUMMARY:
VerDate Mar<15>2010
17:49 Apr 18, 2014
Jkt 232001
I. Background
DoD published an interim rule in the
Federal Register at 78 FR 76993 on
December 20, 2013, to clarify rules of
origin under trade agreements for
photovoltaic devices to be utilized
under covered DoD contracts, as
required by a section of the National
Defense Authorization Act for Fiscal
Year 2011. One respondent submitted a
public comment in response to the
interim rule.
II. Discussion and Analysis
DoD reviewed the public comment in
the development of the final rule. The
interim rule was converted to a final
rule without change. The one comment
received related to performance of a net
zero green house gas analysis, and was
outside the scope of the rule.
[FR Doc. 2014–08855 Filed 4–18–14; 8:45 am]
AGENCY:
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to clarify rules of origin under
trade agreements for photovoltaic
devices to be utilized under covered
DoD contracts, as required by a section
of the National Defense Authorization
Act for Fiscal Year 2011.
DATES: Effective April 21, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
SUPPLEMENTARY INFORMATION:
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
PO 00000
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Fmt 4700
Sfmt 4700
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
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 this rule will only have an
impact on the determination of whether
photovoltaic devices are substantially
transformed in a designated country. No
domestic entities will be impacted
because the United States is not a
designated country. For the definition of
‘‘small business,’’ the Regulatory
Flexibility Act refers to the Small
Business Act, which in turn allows the
U.S. Small Business Administration
(SBA) Administrator to specify detailed
definitions or standards (5 U.S.C. 601(3)
and 15 U.S.C. 632(a)). The SBA
regulations at 13 CFR 121.105 discuss
who is a small business: ‘‘(a)(1) Except
for small agricultural cooperatives, a
business concern eligible for assistance
from SBA as a small business is a
business entity organized for profit,
with a place of business located in the
United States, and which operates
primarily within the United States or
which makes a significant contribution
to the U.S. economy through payment of
taxes or use of American products,
materials or labor.
V. Paperwork Reduction Act
The rule contains 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);
however, these changes to the DFARS
do not impose additional information
E:\FR\FM\21APR1.SGM
21APR1
22042
Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations
collection requirements to the
paperwork burden previously approved
under OMB Control Number 0704–0229,
entitled Defense Federal Acquisition
Regulation Supplement (DFARS); Part
225, Foreign Acquisition.
List of Subjects in 48 CFR Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR part 252, which was
published at 78 FR 76993 on December
20, 2013, is adopted as a final rule
without change.
[FR Doc. 2014–08859 Filed 4–18–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AI02
Defense Federal Acquisition
Regulation Supplement: Clauses With
Alternates—Contract Financing
(DFARS Case 2013–D014)
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) as part of a project to review
clauses with alternates to create basic
and alternate clauses structured in a
manner to facilitate use of automated
contract writing systems. This final rule
addresses a contract financing clause.
DATES: Effective April 21, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
SUMMARY:
mstockstill on DSK4VPTVN1PROD with RULES
I. Background
DoD published a proposed rule in the
Federal Register at 78 FR 48404 on
August 8, 2013, to amend the DFARS to
revise the presentation in the DFARS of
a part 232 contract financing clause
with an alternate. The rule also
proposed to add a separate prescription
for the basic clause as well as the
alternate. No public comments were
submitted in response to the proposed
rule.
VerDate Mar<15>2010
17:49 Apr 18, 2014
Jkt 232001
II. Discussion
This final rule addresses the single
DFARS part 232 clause that has an
alternate, 252.232–7007, Limitation of
Government’s Obligation. In developing
the final rule, DoD determined that the
need for an alternate to the basic clause
could be eliminated by making a minor
change to paragraph (a) of the basic
clause. The only difference between the
basic clause and the alternate is the
number of line items subject to
incremental funding, which is
information inserted by the contracting
officer into paragraph (a) of the basic
clause or the alternate clause. In the
final rule, the alternate clause is being
eliminated in its entirety as a result of
an editorial change made to paragraph
(a) of the basic clause. This change
enables the contracting officer to tailor
and use the basic clause, whether a
single line item or multiple line items
are being incrementally funded.
Potential offerors, including small
businesses, may be affected by this rule
by seeing an unfamiliar format for this
part 232 clause. 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 incremental funding. Nothing
substantive will change in solicitations
or contracts for potential offerors. 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. No
alternatives were identified that will
accomplish the objectives of the rule.
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. 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.
V. Paperwork Reduction Act
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been performed and is summarized
as follows:
This final rule amends the Defense
Federal Acquisition Regulation
Supplement (DFARS) clause 252.232–
7007, Limitation of Government’s
Obligation. Paragraph (a) of clause
252.232–7007 is being modified to be
used for single or multiple line items
that are to be incrementally funded. The
modification of paragraph (a) in the
basic clause eliminates the need for an
alternate clause; therefore the alternate
clause is removed by this final rule.
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.
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
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 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 252 is
amended as follows:
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
1. The authority citation for 48 CFR
part 252 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 252.232–7007 by—
a. Removing the clause date ‘‘(MAY
2006)’’ and adding ‘‘(APR 2014)’’ in its
place;
■ b. Revising paragraph (a); and
■ c. Removing Alternate I.
The revision reads as follows.
■
■
252.232–7007
obligation.
*
*
*
Limitation of Government’s
*
*
(a) Contract line item(s) [Contracting
Officer insert after negotiations] is/are
incrementally funded. For this/these item(s),
the sum of $ll [Contracting Officer insert
after negotiations] of the total price is
presently available for payment and allotted
E:\FR\FM\21APR1.SGM
21APR1
]]>Agencies
[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22041-22042]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08859]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AI18
Defense Federal Acquisition Regulation Supplement: Photovoltaic
Devices (DFARS Case 2014-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to clarify rules of origin under trade agreements for photovoltaic
devices to be utilized under covered DoD contracts, as required by a
section of the National Defense Authorization Act for Fiscal Year 2011.
DATES: Effective April 21, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published an interim rule in the Federal Register at 78 FR
76993 on December 20, 2013, to clarify rules of origin under trade
agreements for photovoltaic devices to be utilized under covered DoD
contracts, as required by a section of the National Defense
Authorization Act for Fiscal Year 2011. One respondent submitted a
public comment in response to the interim rule.
II. Discussion and Analysis
DoD reviewed the public comment in the development of the final
rule. The interim rule was converted to a final rule without change.
The one comment received related to performance of a net zero green
house gas analysis, and was outside the scope of the rule.
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.
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 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 this rule will only have an impact on the determination of
whether photovoltaic devices are substantially transformed in a
designated country. No domestic entities will be impacted because the
United States is not a designated country. For the definition of
``small business,'' the Regulatory Flexibility Act refers to the Small
Business Act, which in turn allows the U.S. Small Business
Administration (SBA) Administrator to specify detailed definitions or
standards (5 U.S.C. 601(3) and 15 U.S.C. 632(a)). The SBA regulations
at 13 CFR 121.105 discuss who is a small business: ``(a)(1) Except for
small agricultural cooperatives, a business concern eligible for
assistance from SBA as a small business is a business entity organized
for profit, with a place of business located in the United States, and
which operates primarily within the United States or which makes a
significant contribution to the U.S. economy through payment of taxes
or use of American products, materials or labor.
V. Paperwork Reduction Act
The rule contains 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); however, these changes to the
DFARS do not impose additional information
[[Page 22042]]
collection requirements to the paperwork burden previously approved
under OMB Control Number 0704-0229, entitled Defense Federal
Acquisition Regulation Supplement (DFARS); Part 225, Foreign
Acquisition.
List of Subjects in 48 CFR Part 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR part 252, which was
published at 78 FR 76993 on December 20, 2013, is adopted as a final
rule without change.
[FR Doc. 2014-08859 Filed 4-18-14; 8:45 am]
BILLING CODE 5001-06-P
