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]
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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
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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.
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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.
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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
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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
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(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:
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[Amended]
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I. Background
RIN 0750–AI27
1. The authority citation for Part 300
continues to read as follows:
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SUPPLEMENTARY INFORMATION:
48 CFR Parts 217, 234, 237, and 252
Remedial site evaluation.
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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.’’
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■ 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:
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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
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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:
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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.
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3. Revise section 234.7101 to read as
follows:
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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.
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(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.
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■ 5. In section 237.7101, revise
paragraph (e) to read as follows:
237.7101 Solicitation provisions and
contract clauses.
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PART 234—MAJOR SYSTEM
ACQUISITION
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(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.
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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.
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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)
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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)
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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:
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NOTICE OF COST AND SOFTWARE
DATA REPORTING SYSTEM—BASIC
(NOV 2014)
COST AND SOFTWARE DATA
REPORTING SYSTEM—ALTERNATE I
(NOV 2014)
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(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;
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Alternate I. As prescribed in
234.7101(a)(2), use the following
provision, which uses a different
paragraph (c) than the basic provision:
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(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)
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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)
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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:
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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:
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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)
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BILLING CODE 5001–06–P
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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
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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]
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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
