Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Special Contracting Methods, Major System Acquisition, and Service Contracting (DFARS Case 2014-D004), 65592-65595 [2014-26179]

Download as PDF 65592 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations generally provides that before certain actions may take effect, the agency promulgating the action must submit a report, which includes a copy of the action, to each House of the Congress and to the Comptroller General of the United States. Because this action does not contain legally binding requirements, it is not subject to the Congressional Review Act. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: October 28, 2014. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. For the reasons set out in this document, 40 CFR part 300 is amended as follows: Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 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: The purpose of this case is to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to create unique prescriptions for the basic version and each alternate of DFARS parts 217, 234, and 237 solicitations provisions and clauses, and to include the full text of each clause alternate. The use of unique prescriptions for the basic version and each alternate of DFARS solicitations provisions and clauses will facilitate use of automated contract writing systems. The current convention requires the prescription for the basic provision or clause to address all the possibilities covered by the BILLING CODE 6560–50–P DEPARTMENT OF DEFENSE § 300.5 rmajette on DSK2VPTVN1PROD with RULES II. Executive Orders 12866 and 13563 Defense Federal Acquisition Regulation Supplement: Clauses With Alternates—Special Contracting Methods, Major System Acquisition, and Service Contracting (DFARS Case 2014–D004) [FR Doc. 2014–26160 Filed 11–4–14; 8:45 am] 2. Amend § 300.4, paragraph (b), by adding in alphabetical order the term ‘‘SEMS—Superfund Enterprise Management System’’. ■ 3. Amend § 300.5 by revising the definition ‘‘CERCLIS’’ and adding in alphabetical order the definition ‘‘SEMS’’ to read as follows: ■ Defense Acquisition Regulations System Definitions. * * * * CERCLIS was the abbreviation for the CERCLA Information System. This system has been retired and has been replaced with SEMS, the Superfund Enterprise Management System. * * * * * SEMS is the abbreviation for the Superfund Enterprise Management System. SEMS is EPA’s comprehensive data management system that inventories and tracks information about releases addressed or needing to be addressed by the CERCLA Superfund program. SEMS consolidates legacy systems including CERCLIS into a single integrated platform. SEMS contains information for potential and confirmed Jkt 235001 DoD published a proposed rule in the Federal Register at 79 FR 30535 on May 28, 2014, to revise provisions and clauses with alternates and the associated prescriptions, in order to clarify usage and facilitate the use of automated contract writing systems. No respondents submitted comments in response to the proposed rule, and no changes were made from the proposed rule in the final rule. III. Regulatory Flexibility Act * * * * (b) Remedial preliminary assessment. (1) The lead agency shall perform a remedial PA on all sites entered into the SEMS remedial assessment active inventory as defined in § 300.5 to: * * * * * [Amended] 15:07 Nov 04, 2014 I. Background RIN 0750–AI27 1. The authority citation for Part 300 continues to read as follows: VerDate Sep<11>2014 SUPPLEMENTARY INFORMATION: 48 CFR Parts 217, 234, 237, and 252 Remedial site evaluation. * ■ * structured in a manner to facilitate use of automated contract writing systems. The rule also includes the full text of each alternate, rather than only showing the paragraphs that differ from the basic clause. DATES: Effective November 5, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571–372– 6104. 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. § 300.420 PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN § 300.4 hazardous waste sites addressed under the Superfund remedial and removal programs. SEMS includes sites in the active site inventory and archived sites. The active site inventory includes sites on the NPL, and sites not on the NPL where site assessment, removal, remedial, enforcement, cost recovery, or oversight activities are being planned or conducted. Archived sites include nonNPL sites that were formerly in the active site inventory which have no further site assessment, removal, remedial, enforcement, cost recovery or oversight needed under the Federal Superfund program based on available information. New information may warrant return of an archive site to the active inventory. Inclusion of a specific site or area in SEMS does not represent a determination of any party’s liability, nor does it represent a finding that any response action is necessary.’’ * * * * * ■ 4. Amend § 300.420 by revising paragraph (b)(1) introductory text to read as follows: 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 revise and update clauses and their prescriptions for special contracting methods, major system acquisition, and service contracting to create basic and alternate clauses SUMMARY: PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1 rmajette on DSK2VPTVN1PROD with RULES Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations alternates, and then the prescription for each alternate addresses only what is different for the use of that particular alternate. This rule revises the prescriptions so that the basic solicitation provision or clause and each alternate is unique and stands on its own. The prescriptions are not revised in any way to change when they are applicable to offerors, contractors, or subcontractors. Additionally, the inclusion of the full text of each provision or clause alternate aims to make the terms of a provision or clause alternate clearer to offerors, as well as to DoD contracting officers. Instead of the current convention for alternates to show only paragraphs changed from the basic version of the provision or clause, this rule proposes to include the full text of each version of the clause. This will assist in making the terms of the clause clearer, because all paragraph substitutions will have already been made. Inapplicable paragraphs from the basic version of the clause that are superseded by the alternate are not included in the solicitation or contract to prevent confusion. 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 micropurchase 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. 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 where alternates are also included in the solicitations and contracts. 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. No comments were received in response to the initial regulatory flexibility analysis. This rule does not add any new reporting or recordkeeping requirements. The rule does not duplicate, overlap, or conflict with any other Federal rules. No alternatives were VerDate Sep<11>2014 15:07 Nov 04, 2014 Jkt 235001 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 217, 234, 237, and 252 Government procurement. Manuel Quinones, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 217, 234, 237, and 252 are amended as follows: ■ 1. The authority citation for 48 CFR parts 217, 234, 237, and 252 continues to read as follows: Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. PART 217—SPECIAL CONTRACTING METHODS 2. In section 217.208–70, revise paragraph (a) to read as follows: ■ 217.208–70 Additional clauses. (a) Use the basic or the alternate of the clause at 252.217–7000, Exercise of Option to Fulfill Foreign Military Sales Commitments, in solicitations and contracts when an option may be used for foreign military sales requirements. Do not use the basic or the alternate of this clause in contracts for establishment or replenishment of DoD inventories or stocks, or acquisitions made under DoD cooperative logistics support arrangements. (1) Use the basic clause when the foreign military sales country is known at the time of solicitation or award. (2) Use the alternate I clause when the foreign military sale country is not known at the time of solicitation or award. * * * * * 3. Revise section 234.7101 to read as follows: ■ 234.7101 Solicitation provision and contract clause. (a) Use the basic or the alternate of the provision at 252.234–7003, Notice of Cost and Software Data Reporting System, in any solicitation that includes the basic or the alternate of the clause at 252.234–7004, Cost and Software Data Reporting. PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 (1) Use the basic provision when the solicitation includes the clause at 252.234–7004, Cost and Software Data Reporting—Basic. (2) Use the alternate I provision when the solicitation includes the clause at 252.234–7004, Cost and Software Data Reporting—Alternate I. (b) Use the basic or the alternate of the clause at 252.234–7004, Cost and Software Data Reporting System, in solicitations that include major defense acquisition programs or major automated information system programs as follows: (1) Use the basic clause in solicitations and contracts for major defense acquisition programs or major automated information system programs that exceed $50 million. (2) Use the alternate I clause in solicitations and contracts for major defense acquisition programs or major automated information system programs with a value equal to or greater than $20 million, but less than or equal to $50 million, when so directed by the program manager with the approval of the OSD Deputy Director, Cost Assessment. PART 237—SERVICE CONTRACTING 4. In section 237.7003, revise paragraph (a) to read as follows: ■ 237.7003 Solicitation provisions and contract clauses. (a) Use the basic or the alternate of the provision at 252.237–7002, Award to Single Offeror, in solicitations and contracts for mortuary services. (1) Use the basic provision in all sealed bid solicitations for mortuary services. (2) Use the alternate I provision in all negotiated solicitations for mortuary services. * * * * * ■ 5. In section 237.7101, revise paragraph (e) to read as follows: 237.7101 Solicitation provisions and contract clauses. * PART 234—MAJOR SYSTEM ACQUISITION 65593 * * * * (e) Use the basic or an alternate of the clause at 252.237–7016, Delivery Tickets, in all solicitations and contracts for laundry and dry cleaning services. (1) Use the basic clause when services are not to be provided on a bulk weight basis. (2) Use the alternate I clause when services are for bag type laundry to be provided on a bulk weight basis. (3) Use the alternate II clause when services are unsorted laundry to be provided on a bulk weight basis. * * * * * E:\FR\FM\05NOR1.SGM 05NOR1 65594 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM— ALTERNATE I (NOV 2014) 6. Amend section 252.217–7000 by— a. Revising the introductory text, clause title, and date; ■ b. Amending paragraph (b) by removing ‘‘(Insert name of country, or To Be Determined)’’ and adding ‘‘(Insert name of country)’’ in its place; and ■ b. Revising Alternate I. The revisions read as follows: (a) This solicitation includes— (1) The Government-approved cost and software data reporting (CSDR) plan for the contract, DD Form 2794; and (2) The related Resource Distribution Table. (b) As part of its proposal, the Offeror shall— (1) Describe the process to be used to satisfy the requirements of the DoD 5000.04– M–1, CSDR Manual, and the Governmentapproved CSDR plan for the proposed contract; (2) Demonstrate how contractor cost and data reporting (CCDR) will be based, to the maximum extent possible, upon actual cost transactions and not cost allocations; (3) Demonstrate how the data from its accounting system will be mapped into the standard reporting categories required in the CCDR data item descriptions; (4) Describe how recurring and nonrecurring costs will be segregated; (5) Provide comments on the adequacy of the CSDR contract plan and related Resource Distribution Table; and (6) Submit the DD Form 1921, Cost Data Summary Report, and DD Form 1921–1, Functional Cost-Hour Report, with its pricing proposal. (c) CSDR reporting will be required for subcontractors for selected subcontracts identified in the CSDR contract plan as requiring such reporting. The offeror shall identify, by providing comments on the Resource Distribution Table, the subcontractors, or, if the subcontractors have not been selected, the subcontracted effort. ■ ■ 252.217–7000 Exercise of option to fulfill foreign military sales commitments. As prescribed in 217.208–70(a), use one of the following clauses: Basic. As prescribed in 217.208– 70(a)(1), use the following clause: EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS—BASIC (NOV 2014) * * * * * Alternate I. As prescribed in 217.208– 70(a)(2), use the following clause, which uses a different paragraph (b) than paragraph (b) of the basic clause: EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS—ALTERNATE I (NOV 2014) (a) The Government may exercise the option(s) of this contract to fulfill foreign military sales commitments. (b) On the date the option is exercised, the Government shall identify the foreign country for the purpose of negotiating any equitable adjustment attributable to foreign military sales. Failure to agree on an equitable adjustment shall be treated as a dispute under the Disputes clause of this contract. End of clause ■ 7. Amend section 252.234–7003 by— ■ a. Revising the introductory text, provision title, and date; ■ b. In paragraph (b) introductory text removing ‘‘offeror’’ and adding ‘‘Offeror’’ in its place; and ■ c. Revising Alternate I. The revisions read as follows: 252.234–7003 Notice of Cost and Software Data Reporting System. (End of provision) ■ 8. Amend section 252.234–7004 by— ■ a. Revising the introductory text, clause title, and date; and ■ b. Revising Alternate I. The revisions read as follows: 252.234–7004 Cost and Software Data Reporting System. As prescribed in 234.7101(b), use one of the following clauses: Basic. As prescribed at 234.7101(b)(1), use the following clause: COST AND SOFTWARE DATA REPORTING SYSTEM—BASIC (NOV 2014) * * * * Alternate I. As prescribed in As prescribed in 234.7101(a), use one 234.7101(b)(2), use the following clause, of the following provisions: Basic. As prescribed in 234.7101(a)(1), which uses a different paragraph (b) than the basic clause: use the following provision: rmajette on DSK2VPTVN1PROD with RULES * NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM—BASIC (NOV 2014) COST AND SOFTWARE DATA REPORTING SYSTEM—ALTERNATE I (NOV 2014) * (a) In the performance of this contract, the Contractor shall use— (1) A documented standard cost and software data reporting (CSDR) process that satisfies the guidelines contained in the DoD 5000.04–M–1, CSDR Manual; * * * * Alternate I. As prescribed in 234.7101(a)(2), use the following provision, which uses a different paragraph (c) than the basic provision: VerDate Sep<11>2014 15:07 Nov 04, 2014 Jkt 235001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 (2) Management procedures that provide for generation of timely and reliable information for the contractor cost data reports (CCDRs) and software resources data reports (SRDRs) required by the CCDR and SRDR data items of this contract; and (3) The Government-approved CSDR plan for this contract, DD Form 2794, and the related Resource Distribution Table as the basis for reporting in accordance with the required CSDR data item descriptions (DIDs). (b) The Contractor shall require CSDR reporting from selected subcontractors identified in the CSDR contract plan as requiring such reporting. If the Contractor changes subcontractors or makes new awards for selected subcontract effort, the Contractor shall notify the Government. (End of clause) ■ 9. Amend section 252.237–7002 by— ■ a. Revising the introductory text, provision title, and date; and ■ b. Revising Alternate I. The revisions read as follows: 252.237–7002 Award to single offeror. As prescribed in 237.7003(a), use one of the following provisions: Basic. As prescribed in 237.7003(a)(1), use the following provision: AWARD TO SINGLE OFFEROR— BASIC (NOV 2014) * * * * * Alternate I. As prescribed in 237.7003(a)(2), use the following provision, which uses a different paragraph (d) than the basic provision: AWARD TO SINGLE OFFEROR— ALTERNATE I (NOV 2014) (a) Award shall be made to a single offeror. (b) Offerors shall include unit prices for each item. Failure to include unit prices for each item will be cause for rejection of the entire offer. (c) The Government will evaluate offers on the basis of the estimated quantities shown. (d) Award will be made to that responsive, responsible offeror whose total aggregate offer is in the best interest of the Government. (End of provision) ■ 10. Amend section 252.237–7016 by— ■ a. Revising the introductory text, clause title, and date; and ■ b. Revising Alternates I and II. 252.237–7016 Delivery tickets. As prescribed in 237.7101(e), use one of the following clauses: Basic. As prescribed in 237.7101(e)(1), use the following clause: DELIVERY TICKETS—BASIC (NOV 2014) * * * * * Alternate I. As prescribed in 237.7101(e)(2), use the following clause, which includes paragraphs (c), (d), and (e) not included in the basic clause: E:\FR\FM\05NOR1.SGM 05NOR1 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Rules and Regulations DELIVERY TICKETS—ALTERNATE I (NOV 2014) (a) The Contractor shall complete delivery tickets in the number of copies required and in the form approved by the Contracting Officer, when it receives the articles to be serviced. (b) The Contractor shall include one copy of each delivery ticket with its invoice for payment. (c) Before the Contractor picks up articles for service under this contract, the Contracting Officer will ensure that— (1) Each bag contains only articles within a single bag type as specified in the schedule; and (2) Each bag is weighed and the weight and bag type are identified on the bag. (d) The Contractor shall, at time of pickup— (1) Verify the weight and bag type and record them on the delivery ticket; and (2) Provide the Contracting Officer, or representative, a copy of the delivery ticket. (e) At the time of delivery, the Contractor shall record the weight and bag type of serviced laundry on the delivery ticket. The Contracting Officer will ensure that this weight and bag type are verified at time of delivery. (End of clause) Alternate II. As prescribed in 237.7101(e)(3), use the following clause, which includes paragraphs (c), (d), and (e) not included in the basic clause: rmajette on DSK2VPTVN1PROD with RULES DELIVERY TICKETS—ALTERNATE II (NOV 2014) (a) The Contractor shall complete delivery tickets in the number of copies required and in the form approved by the Contracting Officer, when it receives the articles to be serviced. (b) The Contractor shall include one copy of each delivery ticket with its invoice for payment. (c) Before the Contractor picks up articles for service under this contract, the Contracting Officer will ensure that each bag is weighed and that the weight is identified on the bag. (d) The Contractor, at time of pickup, shall verify and record the weight on the delivery ticket and shall provide the Contracting Officer, or representative, a copy of the delivery ticket. (e) At the time of delivery, the Contractor shall record the weight of serviced laundry on the delivery ticket. The Contracting Officer will ensure that this weight is verified at time of delivery. (End of clause) [FR Doc. 2014–26179 Filed 11–4–14; 8:45 am] BILLING CODE 5001–06–P VerDate Sep<11>2014 15:07 Nov 04, 2014 Jkt 235001 DEPARTMENT OF THE INTERIOR Fish and Wildlife Service 50 CFR Part 21 [Docket No. FWS–R9–MB–2012–0027; FF09M29000–145–FXMB1232090000] RIN 1018–AY60 Migratory Bird Permits; Removal of Yellow-billed Magpie and Other Revisions to Depredation Order Fish and Wildlife Service, Interior. ACTION: Final rule. AGENCY: We, the U.S. Fish and Wildlife Service (Service), change the regulations governing control of depredating blackbirds, cowbirds, grackles, crows, and magpies. The yellow-billed magpie (Pica nuttalli) is endemic to California and has suffered substantial population declines. It is a species of conservation concern. We remove the species from the depredation order. A depredation permit will be necessary to control the species. We also narrow the application of the regulation from protection of any wildlife to protection of species recognized by the Federal Government, a State, or a Tribe as an endangered, threatened, or candidate species, or a species of special concern. We add conditions for live trapping, which are new to the regulation. Finally, we refine the reporting requirement to gather data more useful in assessing actions under the order. DATES: This rule is effective December 5, 2014. FOR FURTHER INFORMATION CONTACT: George Allen, 703–358–1825. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background The U.S. Fish and Wildlife Service is the Federal agency delegated the primary responsibility for managing migratory birds. This delegation is authorized by the Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703 et seq.), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Russian Federation (formerly the Soviet Union). We implement the provisions of the MBTA through regulations in parts 10, 13, 20, 21, and 22 of the Code of Federal Regulations (CFR). Regulations pertaining to migratory bird permits are at 50 CFR 21; subpart D of part 21 contains regulations for the control of depredating birds. A depredation order allows the take of specific species of migratory birds for PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 65595 specific purposes without need for a depredation permit. The depredation order for blackbirds, cowbirds, grackles, crows, and magpies (50 CFR 21.43) allows take when individuals of an included species are found ‘‘committing or about to commit depredations upon ornamental or shade trees, agricultural crops, livestock, or wildlife, or when concentrated in such numbers and manner that they are a health hazard or other nuisance.’’ We established the depredation order for blackbirds and grackles in 1949 (14 FR 2446; May 11, 1949). The regulation specified that take of birds under the order was to protect agricultural crops and ornamental or shade trees. We added cowbirds to that depredation order in 1958 (23 FR 5481; July 18, 1958). In 1972, we added magpies, crows, and horned owls to the depredation order, and we expanded the order to cover depredations on livestock or wildlife or ‘‘when [the birds included in the order are] concentrated in such numbers and manner as to constitute a health hazard or other nuisance’’ (37 FR 9223; May 6, 1972). We removed horned owls from the order in 1973 (38 FR 15448; June 12, 1973), and we removed the tri-colored blackbird (Agelaius tricolor) in 1989 (54 FR 47524; November 15, 1989). From 1989 until 2010, the depredation order at 50 CFR 21.43 pertained to ‘‘yellow-headed, redwinged, rusty, and Brewer’s blackbirds, cowbirds, all grackles, crows, and magpies.’’ On December 8, 2008 (73 FR 74447), we proposed ‘‘to make the list of species to which the depredation order applies more precise by listing each species that may be controlled under the order.’’ We issued a final rule on December 2, 2010 (75 FR 75153), which became effective on January 3, 2011, that revised 50 CFR 21.43 to include four species of grackles; three species each of blackbirds, cowbirds, and crows; and two species of magpies, including the yellow-billed magpie. II. Changes to the Depredation Order On May 13, 2013, we published a proposed rule to further revise the depredation order (78 FR 27930), in which we proposed changes to the regulation as outlined below. Removal of the Yellow-billed Magpie The yellow-billed magpie (Pica nuttalli) is an endemic species of California. It is found ‘‘primarily in the Central Valley, the southern Coast Ranges, and the foothills of the Sierra Nevada,’’ and is an ‘‘integral part of the oak savannah avifauna’’ in California (Koenig and Reynolds, 2009). E:\FR\FM\05NOR1.SGM 05NOR1

Agencies

[Federal Register Volume 79, Number 214 (Wednesday, November 5, 2014)]
[Rules and Regulations]
[Pages 65592-65595]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-26179]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 217, 234, 237, and 252

RIN 0750-AI27


Defense Federal Acquisition Regulation Supplement: Clauses With 
Alternates--Special Contracting Methods, Major System Acquisition, and 
Service Contracting (DFARS Case 2014-D004)

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 revise and update clauses 
and their prescriptions for special contracting methods, major system 
acquisition, and service contracting to create basic and alternate 
clauses structured in a manner to facilitate use of automated contract 
writing systems. The rule also includes the full text of each 
alternate, rather than only showing the paragraphs that differ from the 
basic clause.

DATES: Effective November 5, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 79 FR 
30535 on May 28, 2014, to revise provisions and clauses with alternates 
and the associated prescriptions, in order to clarify usage and 
facilitate the use of automated contract writing systems. No 
respondents submitted comments in response to the proposed rule, and no 
changes were made 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:
    The purpose of this case is to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to create unique 
prescriptions for the basic version and each alternate of DFARS parts 
217, 234, and 237 solicitations provisions and clauses, and to include 
the full text of each clause alternate.
    The use of unique prescriptions for the basic version and each 
alternate of DFARS solicitations provisions and clauses will facilitate 
use of automated contract writing systems. The current convention 
requires the prescription for the basic provision or clause to address 
all the possibilities covered by the

[[Page 65593]]

alternates, and then the prescription for each alternate addresses only 
what is different for the use of that particular alternate. This rule 
revises the prescriptions so that the basic solicitation provision or 
clause and each alternate is unique and stands on its own. The 
prescriptions are not revised in any way to change when they are 
applicable to offerors, contractors, or subcontractors.
    Additionally, the inclusion of the full text of each provision or 
clause alternate aims to make the terms of a provision or clause 
alternate clearer to offerors, as well as to DoD contracting officers. 
Instead of the current convention for alternates to show only 
paragraphs changed from the basic version of the provision or clause, 
this rule proposes to include the full text of each version of the 
clause. This will assist in making the terms of the clause clearer, 
because all paragraph substitutions will have already been made. 
Inapplicable paragraphs from the basic version of the clause that are 
superseded by the alternate are not included in the solicitation or 
contract to prevent confusion.
    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. 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 where 
alternates are also included in the solicitations and contracts. 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.
    No comments were received in response to the initial regulatory 
flexibility analysis.
    This rule does not add any new reporting or recordkeeping 
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 217, 234, 237, and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 217, 234, 237, and 252 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 217, 234, 237, and 252 
continues to read as follows:

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

PART 217--SPECIAL CONTRACTING METHODS

0
2. In section 217.208-70, revise paragraph (a) to read as follows:


217.208-70  Additional clauses.

    (a) Use the basic or the alternate of the clause at 252.217-7000, 
Exercise of Option to Fulfill Foreign Military Sales Commitments, in 
solicitations and contracts when an option may be used for foreign 
military sales requirements. Do not use the basic or the alternate of 
this clause in contracts for establishment or replenishment of DoD 
inventories or stocks, or acquisitions made under DoD cooperative 
logistics support arrangements.
    (1) Use the basic clause when the foreign military sales country is 
known at the time of solicitation or award.
    (2) Use the alternate I clause when the foreign military sale 
country is not known at the time of solicitation or award.
* * * * *

PART 234--MAJOR SYSTEM ACQUISITION

0
3. Revise section 234.7101 to read as follows:


234.7101  Solicitation provision and contract clause.

    (a) Use the basic or the alternate of the provision at 252.234-
7003, Notice of Cost and Software Data Reporting System, in any 
solicitation that includes the basic or the alternate of the clause at 
252.234-7004, Cost and Software Data Reporting.
    (1) Use the basic provision when the solicitation includes the 
clause at 252.234-7004, Cost and Software Data Reporting--Basic.
    (2) Use the alternate I provision when the solicitation includes 
the clause at 252.234-7004, Cost and Software Data Reporting--Alternate 
I.
    (b) Use the basic or the alternate of the clause at 252.234-7004, 
Cost and Software Data Reporting System, in solicitations that include 
major defense acquisition programs or major automated information 
system programs as follows:
    (1) Use the basic clause in solicitations and contracts for major 
defense acquisition programs or major automated information system 
programs that exceed $50 million.
    (2) Use the alternate I clause in solicitations and contracts for 
major defense acquisition programs or major automated information 
system programs with a value equal to or greater than $20 million, but 
less than or equal to $50 million, when so directed by the program 
manager with the approval of the OSD Deputy Director, Cost Assessment.

PART 237--SERVICE CONTRACTING

0
4. In section 237.7003, revise paragraph (a) to read as follows:


237.7003  Solicitation provisions and contract clauses.

    (a) Use the basic or the alternate of the provision at 252.237-
7002, Award to Single Offeror, in solicitations and contracts for 
mortuary services.
    (1) Use the basic provision in all sealed bid solicitations for 
mortuary services.
    (2) Use the alternate I provision in all negotiated solicitations 
for mortuary services.
* * * * *

0
5. In section 237.7101, revise paragraph (e) to read as follows:


237.7101  Solicitation provisions and contract clauses.

* * * * *
    (e) Use the basic or an alternate of the clause at 252.237-7016, 
Delivery Tickets, in all solicitations and contracts for laundry and 
dry cleaning services.
    (1) Use the basic clause when services are not to be provided on a 
bulk weight basis.
    (2) Use the alternate I clause when services are for bag type 
laundry to be provided on a bulk weight basis.
    (3) Use the alternate II clause when services are unsorted laundry 
to be provided on a bulk weight basis.
* * * * *

[[Page 65594]]

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
6. Amend section 252.217-7000 by--
0
a. Revising the introductory text, clause title, and date;
0
b. Amending paragraph (b) by removing ``(Insert name of country, or To 
Be Determined)'' and adding ``(Insert name of country)'' in its place; 
and
0
b. Revising Alternate I.
    The revisions read as follows:


252.217-7000  Exercise of option to fulfill foreign military sales 
commitments.

    As prescribed in 217.208-70(a), use one of the following clauses:
    Basic. As prescribed in 217.208-70(a)(1), use the following clause:

EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS--BASIC 
(NOV 2014)

* * * * *
    Alternate I. As prescribed in 217.208-70(a)(2), use the following 
clause, which uses a different paragraph (b) than paragraph (b) of the 
basic clause:

EXERCISE OF OPTION TO FULFILL FOREIGN MILITARY SALES COMMITMENTS--
ALTERNATE I (NOV 2014)

    (a) The Government may exercise the option(s) of this contract 
to fulfill foreign military sales commitments.
    (b) On the date the option is exercised, the Government shall 
identify the foreign country for the purpose of negotiating any 
equitable adjustment attributable to foreign military sales. Failure 
to agree on an equitable adjustment shall be treated as a dispute 
under the Disputes clause of this contract.


End of clause

0
7. Amend section 252.234-7003 by--
0
a. Revising the introductory text, provision title, and date;
0
b. In paragraph (b) introductory text removing ``offeror'' and adding 
``Offeror'' in its place; and
0
c. Revising Alternate I.
    The revisions read as follows:


252.234-7003  Notice of Cost and Software Data Reporting System.

    As prescribed in 234.7101(a), use one of the following provisions:
    Basic. As prescribed in 234.7101(a)(1), use the following 
provision:

NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM--BASIC (NOV 2014)

* * * * *

    Alternate I. As prescribed in 234.7101(a)(2), use the following 
provision, which uses a different paragraph (c) than the basic 
provision:

NOTICE OF COST AND SOFTWARE DATA REPORTING SYSTEM--ALTERNATE I (NOV 
2014)

    (a) This solicitation includes--
    (1) The Government-approved cost and software data reporting 
(CSDR) plan for the contract, DD Form 2794; and
    (2) The related Resource Distribution Table.
    (b) As part of its proposal, the Offeror shall--
    (1) Describe the process to be used to satisfy the requirements 
of the DoD 5000.04-M-1, CSDR Manual, and the Government-approved 
CSDR plan for the proposed contract;
    (2) Demonstrate how contractor cost and data reporting (CCDR) 
will be based, to the maximum extent possible, upon actual cost 
transactions and not cost allocations;
    (3) Demonstrate how the data from its accounting system will be 
mapped into the standard reporting categories required in the CCDR 
data item descriptions;
    (4) Describe how recurring and nonrecurring costs will be 
segregated;
    (5) Provide comments on the adequacy of the CSDR contract plan 
and related Resource Distribution Table; and
    (6) Submit the DD Form 1921, Cost Data Summary Report, and DD 
Form 1921-1, Functional Cost-Hour Report, with its pricing proposal.
    (c) CSDR reporting will be required for subcontractors for 
selected subcontracts identified in the CSDR contract plan as 
requiring such reporting. The offeror shall identify, by providing 
comments on the Resource Distribution Table, the subcontractors, or, 
if the subcontractors have not been selected, the subcontracted 
effort.


(End of provision)

0
8. Amend section 252.234-7004 by--
0
a. Revising the introductory text, clause title, and date; and
0
b. Revising Alternate I.
    The revisions read as follows:


252.234-7004  Cost and Software Data Reporting System.

    As prescribed in 234.7101(b), use one of the following clauses:
    Basic. As prescribed at 234.7101(b)(1), use the following clause:

COST AND SOFTWARE DATA REPORTING SYSTEM--BASIC (NOV 2014)

* * * * *

    Alternate I. As prescribed in 234.7101(b)(2), use the following 
clause, which uses a different paragraph (b) than the basic clause:

COST AND SOFTWARE DATA REPORTING SYSTEM--ALTERNATE I (NOV 2014)

    (a) In the performance of this contract, the Contractor shall 
use--
    (1) A documented standard cost and software data reporting 
(CSDR) process that satisfies the guidelines contained in the DoD 
5000.04-M-1, CSDR Manual;
    (2) Management procedures that provide for generation of timely 
and reliable information for the contractor cost data reports 
(CCDRs) and software resources data reports (SRDRs) required by the 
CCDR and SRDR data items of this contract; and
    (3) The Government-approved CSDR plan for this contract, DD Form 
2794, and the related Resource Distribution Table as the basis for 
reporting in accordance with the required CSDR data item 
descriptions (DIDs).
    (b) The Contractor shall require CSDR reporting from selected 
subcontractors identified in the CSDR contract plan as requiring 
such reporting. If the Contractor changes subcontractors or makes 
new awards for selected subcontract effort, the Contractor shall 
notify the Government.


(End of clause)

0
9. Amend section 252.237-7002 by--
0
a. Revising the introductory text, provision title, and date; and
0
b. Revising Alternate I.
    The revisions read as follows:


252.237-7002  Award to single offeror.

    As prescribed in 237.7003(a), use one of the following provisions:
    Basic. As prescribed in 237.7003(a)(1), use the following 
provision:

AWARD TO SINGLE OFFEROR--BASIC (NOV 2014)

* * * * *

    Alternate I. As prescribed in 237.7003(a)(2), use the following 
provision, which uses a different paragraph (d) than the basic 
provision:

AWARD TO SINGLE OFFEROR--ALTERNATE I (NOV 2014)

    (a) Award shall be made to a single offeror.
    (b) Offerors shall include unit prices for each item. Failure to 
include unit prices for each item will be cause for rejection of the 
entire offer.
    (c) The Government will evaluate offers on the basis of the 
estimated quantities shown.
    (d) Award will be made to that responsive, responsible offeror 
whose total aggregate offer is in the best interest of the 
Government.


(End of provision)

0
10. Amend section 252.237-7016 by--
0
a. Revising the introductory text, clause title, and date; and
0
b. Revising Alternates I and II.


252.237-7016  Delivery tickets.

    As prescribed in 237.7101(e), use one of the following clauses:
    Basic. As prescribed in 237.7101(e)(1), use the following clause:

DELIVERY TICKETS--BASIC (NOV 2014)

* * * * *

    Alternate I. As prescribed in 237.7101(e)(2), use the following 
clause, which includes paragraphs (c), (d), and (e) not included in the 
basic clause:

[[Page 65595]]

DELIVERY TICKETS--ALTERNATE I (NOV 2014)

    (a) The Contractor shall complete delivery tickets in the number 
of copies required and in the form approved by the Contracting 
Officer, when it receives the articles to be serviced.
    (b) The Contractor shall include one copy of each delivery 
ticket with its invoice for payment.
    (c) Before the Contractor picks up articles for service under 
this contract, the Contracting Officer will ensure that--
    (1) Each bag contains only articles within a single bag type as 
specified in the schedule; and
    (2) Each bag is weighed and the weight and bag type are 
identified on the bag.
    (d) The Contractor shall, at time of pickup--
    (1) Verify the weight and bag type and record them on the 
delivery ticket; and
    (2) Provide the Contracting Officer, or representative, a copy 
of the delivery ticket.
    (e) At the time of delivery, the Contractor shall record the 
weight and bag type of serviced laundry on the delivery ticket. The 
Contracting Officer will ensure that this weight and bag type are 
verified at time of delivery.


(End of clause)
    Alternate II. As prescribed in 237.7101(e)(3), use the following 
clause, which includes paragraphs (c), (d), and (e) not included in the 
basic clause:

DELIVERY TICKETS--ALTERNATE II (NOV 2014)

    (a) The Contractor shall complete delivery tickets in the number 
of copies required and in the form approved by the Contracting 
Officer, when it receives the articles to be serviced.
    (b) The Contractor shall include one copy of each delivery 
ticket with its invoice for payment.
    (c) Before the Contractor picks up articles for service under 
this contract, the Contracting Officer will ensure that each bag is 
weighed and that the weight is identified on the bag.
    (d) The Contractor, at time of pickup, shall verify and record 
the weight on the delivery ticket and shall provide the Contracting 
Officer, or representative, a copy of the delivery ticket.
    (e) At the time of delivery, the Contractor shall record the 
weight of serviced laundry on the delivery ticket. The Contracting 
Officer will ensure that this weight is verified at time of 
delivery.


(End of clause)

[FR Doc. 2014-26179 Filed 11-4-14; 8:45 am]
BILLING CODE 5001-06-P