Defense Federal Acquisition Regulation Supplement; Technical Amendments, 2018-2021 [2015-00541]
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2018
Federal Register / Vol. 80, No. 10 / Thursday, January 15, 2015 / Rules and Regulations
costs on tribal governments or preempt
tribal law.
The Congressional Review Act,
5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA will submit a
report containing this action and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 16, 2015.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements (see section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: December 12, 2014.
Jared Blumenfeld,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
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Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(449) to read as
follows:
■
§ 52.220
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Identification of plan.
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(c) * * *
(449) New and amended regulations
for the following APCDs were submitted
on July 18, 2014 by the Governor’s
designee.
(i) [Reserved]
(ii) Additional material.
(A) Ventura County Air Pollution
Control District.
(1) Reasonably Available Control
Technology State Implementation Plan
Revision (2014 RACT SIP) as adopted
on June 10, 2014 (‘‘2014 RACT SIP’’).
■ 3. Section 52.222 is amended by:
■ a. In paragraph (a)(10)(i), removing
‘‘(i)’’ and adding in its place ‘‘(i)’’; and
■ b. Adding paragraph (a)(10)(ii).
The addition reads as follows:
§ 52.222
Negative declarations.
(a) * * *
(10) * * *
(ii) Negative declarations for the 2008
8-hour ozone standard: EPA–453/R–97–
004 Aerospace CTG and MACT; EPA–
450/2–77–008 Control of Volatile
Organic Emissions from Existing
Stationary Sources—Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics,
Automobiles, and Light-Duty Trucks;
EPA 453/R–08–006 Control Techniques
Guidelines for Automobile and LightDuty Truck Assembly Coatings; EPA–
450/2–78–032, Control of Volatile
Organic Emissions from Existing
Stationary Sources—Volume VII:
Factory Surface Coating of Flat Wood
Paneling; EPA–453/R–06–004, Control
Techniques Guidelines for Flat Wood
Paneling Coatings; EPA–453/R–06–003
Control Techniques Guidelines for
Flexible Package Printing; EPA–450/2–
77–034 Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume V: Surface Coating of
Large Appliances; EPA 453/R–07–004
Control Techniques Guidelines for Large
Appliance Coatings; EPA–450/2–77–033
Control of Volatile Organic Emissions
from Existing Stationary Sources—
Volume IV: Surface Coating of
Insulation of Magnet Wire; EPA–450/2–
77–032 Control of Volatile Organic
Emissions from Existing Stationary
Sources—Volume III: Surface Coating of
Metal Furniture; EPA 453/R–07–005
Control Techniques Guidelines for
Metal Furniture Coatings; EPA 453/R–
07–003 Control Techniques Guidelines
for Paper, Film, and Foil Coatings; EPA–
450/2–77–025 Control of Refinery
Vacuum Producing Systems,
Wastewater Separators, and Process
Unit Turnarounds; EPA–450/2–78–036
Control of Volatile Organic Compound
Leaks from Petroleum Refinery
Equipment; EPA 453/R–08–004 Control
Techniques Guidelines for Fiberglass
Boat Manufacturing Materials; EPA 453/
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R–08–005 Control Techniques
Guidelines for Miscellaneous Industrial
Adhesives; EPA–450/2–78–029 Control
of Volatile Organic Emissions from
Manufacture of Synthesized
Pharmaceutical Products; EPA–450/2–
78–030 Control of Volatile Organic
Emissions from Manufacture of
Pneumatic Rubber Tires; EPA–450/3–
83–008 Control of Volatile Organic
Compound Emissions from Manufacture
of High-Density Polyethylene,
Polypropylene, and Polystyrene Resins;
EPA–450/3–83–006 Control of Volatile
Organic Compound Leaks from
Synthetic Organic Chemical Polymer
and Resin Manufacturing Equipment;
EPA–450/3–84–015 Control of Volatile
Organic Compound Emissions from Air
Oxidation Processes in Synthetic
Organic Chemical Manufacturing
Industry; EPA–450/4–91–031 Control of
Volatile Organic Compound Emissions
from Reactor Processes and Distillation
Operations in Synthetic Organic
Chemical Manufacturing Industry; EPA–
450/3–82–009 Control of Volatile
Organic Compound Emissions from
Large Petroleum Dry Cleaners were
submitted on July 18, 2014 and adopted
on June 10, 2014.
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[FR Doc. 2015–00011 Filed 1–14–15; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 245
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to provide needed editorial
changes.
DATES: Effective January 15, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Manuel Quinones, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), Room 3B941, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6088;
facsimile 571–372–6094.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. Revises the format and presentation
of the list of solicitation provisions and
SUMMARY:
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contract clauses for the acquisition of
commercial items at DFARS 212.301(f).
No changes are made to the provisions
and clauses or to the prescriptions for
their use, only the manner in which
they are listed. Instead of a single
continuous list, the provisions and
clauses are being grouped and listed by
the applicable DFARS part. This change
will facilitate making additions or
deletions to the appropriate part of the
list without having to redesignate and
renumber unaffected paragraphs in
other parts to accommodate such
changes.
2. Revises the provision prescriptive
language at DFARS 225.1101, paragraph
(9), for clarity and to align with the
format used for other prescription
paragraphs within this section. No
changes are made to the provision or the
substance of the prescriptive language
for using the provision.
3. Corrects the estimated value cited
at DFARS 225.1101(10)(i) to read
$100,000 in lieu of $79,507.
4. Updates the address of the National
GeoSpatial-Intelligence Agency at
DFARS 245.102(1)(ii)(A).
List of Subjects in 48 CFR Parts 212,
225, and 245
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 225, and
245 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212, 225, and 245 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
2. Revise section 212.301 to read as
follows:
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212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
(f) The following additional
provisions and clauses apply to DoD
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items. If the offeror has
completed any of the following
provisions listed in this paragraph
electronically as part of its annual
representations and certifications at
https://www.acquisition.gov, the
contracting officer shall consider this
information instead of requiring the
offeror to complete these provisions for
a particular solicitation.
(i) Part 203—Improper Business
Practices and Personal Conflicts of
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Interest. (A) Use the FAR clause at
52.203–3, Gratuities, as prescribed in
FAR 3.202, to comply with 10 U.S.C.
2207.
(B) Use the clause at 252.203–7000,
Requirements Relating to Compensation
of Former DoD Officials, as prescribed
in 203.171–4(a), to comply with section
847 of Pub. L. 110–181.
(C) Use the clause at 252.203–7003,
Agency Office of the Inspector General,
as prescribed in 203.1004(a), to comply
with section 6101 of Pub. L. 110–252
and 41 U.S.C. 3509.
(D) Use the provision at 252.203–
7005, Representation Relating to
Compensation of Former DoD Officials,
as prescribed in 203.171–4(b).
(ii) Part 204—Administrative Matters.
(A) Use the provision at 252.204–7011,
Alternative Line Item Structure, as
prescribed in 204.7109(b).
(B) Use the clause at 252.204–7012,
Safeguarding of Unclassified Controlled
Technical Information, as prescribed in
204.7303.
(C) Use the provision at 252.204–
7013, Limitations on the Use or
Disclosure of Information by Litigation
Support Solicitation Offerors, as
prescribed in 204.7403(a), to comply
with 10 U.S.C. 129d.
(D) Use the clause at 252.204–7014,
Limitations on the Use or Disclosure of
Information by Litigation Support
Contractors, as prescribed in
204.7403(b), to comply with 10 U.S.C.
129d.
(E) Use the clause at 252.204–7015,
Disclosure of Information to Litigation
Support Contractors, as prescribed in
204.7403(c), to comply with 10 U.S.C.
129d.
(iii) Part 205—Publicizing Contract
Actions. Use the clause at 252.205–
7000, Provision of Information to
Cooperative Agreement Holders, as
prescribed in 205.470, to comply with
10 U.S.C. 2416.
(iv) Part 211—Describing Agency
Needs. (A) Use the clause at 252.211–
7003, Item Unique Identification and
Valuation, as prescribed in 211.274–
6(a)(1).
(B) Use the provision at 252.211–
7006, Passive Radio Frequency
Identification, as prescribed in 211.275–
3.
(C) Use the clause at 252.211–7007,
Reporting of Government-Furnished
Property, as prescribed in 211.274–6.
(D) Use the clause at 252.211–7008,
Use of Government-Assigned Serial
Numbers, as prescribed in 211.274–6(c).
(v) Part 215—Contracting by
Negotiation. (A) Use the provision at
252.215–7003, Requirements for
Submission of Data Other Than
Certified Cost or Pricing Data—
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2019
Canadian Commercial Corporation, as
prescribed at 215.408(3)(i).
(B) Use the clause at 252.215–7004,
Requirement for Submission of Data
other Than Certified Cost or Pricing
Data—Modifications—Canadian
Commercial Corporation, as prescribed
at 215.408(3)(ii).
(C) Use the provision at 252.215–
7007, Notice of Intent to Resolicit, as
prescribed in 215.371–6.
(D) Use the provision 252.215–7008,
Only One Offer, as prescribed at
215.408(4).
(vi) Part 219—Small Business
Programs. (A) Use the clause at
252.219–7003, Small Business
Subcontracting Plan (DoD Contracts), as
prescribed in 219.708(b)(1)(A)(1), to
comply with 15 U.S.C. 637. Use the
clause with its Alternate I when
prescribed in 219.708(b)(1)(A)(2).
(B) Use the clause at 252.219–7004,
Small Business Subcontracting Plan
(Test Program), as prescribed in
219.708(b)(1)(B), to comply with 15
U.S.C. 637 note.
(vii) Part 223—Environment, Energy
and Water Efficiency, Renewable Energy
Technologies, Occupational Safety, and
Drug-Free Workplace. Use the clause at
252.223–7008, Prohibition of
Hexavalent Chromium, as prescribed in
223.7306.
(viii) Part 225—Foreign Acquisition.
(A) Use the provision at 252.225–7000,
Buy American—Balance of Payments
Program Certificate, to comply with 41
U.S.C. chapter 83 and Executive Order
10582 of December 17, 1954, Prescribing
Uniform Procedures for Certain
Determinations Under the BuyAmerican Act.
(1) Use the basic provision as
prescribed in 225.1101(1)(i).
(2) Use the alternate I provision as
prescribed in 225.1101(1)(ii).
(B) Use the clause at 252.225–7001,
Buy American and Balance of Payments
Program, to comply with 41 U.S.C.
chapter 83 and Executive Order 10582
of December 17, 1954, Prescribing
Uniform Procedures for Certain
Determinations Under the BuyAmerican Act.
(1) Use the basic clause as prescribed
in 225.1101(2)(ii).
(2) Use the alternate I clause as
prescribed in 225.1101(2)(iii).
(C) Use the clause at 252.225–7008,
Restriction on Acquisition of Specialty
Metals, as prescribed in 225.7003–
5(a)(1), to comply with 10 U.S.C. 2533b.
(D) Use the clause at 252.225–7009,
Restriction on Acquisition of Certain
Articles Containing Specialty Metals, as
prescribed in 225.7003–5(a)(2), to
comply with 10 U.S.C. 2533b.
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(E) Use the provision at 252.225–
7010, Commercial Derivative Military
Article—Specialty Metals Compliance
Certificate, as prescribed in 225.7003–
5(b), to comply with 10 U.S.C. 2533b.
(F) Use the clause at 252.225–7012,
Preference for Certain Domestic
Commodities, as prescribed in
225.7002–3(a), to comply with 10 U.S.C.
2533a.
(G) Use the clause at 252.225–7015,
Restriction on Acquisition of Hand or
Measuring Tools, as prescribed in
225.7002–3(b), to comply with 10 U.S.C.
2533a.
(H) Use the clause at 252.225–7016,
Restriction on Acquisition of Ball and
Roller Bearings, as prescribed in
225.7009–5, to comply with section
8065 of Pub. L. 107–117 and the same
restriction in subsequent DoD
appropriations acts.
(I) Use the clause at 252.225–7017,
Photovoltaic Devices, as prescribed in
225.7017–4(a), to comply with section
846 of Pub. L. 111–383.
(J) Use the provision at 252.225–7018,
Photovoltaic Devices—Certificate, as
prescribed in 225.7017–4(b), to comply
with section 846 of Pub. L. 111–383.
(K) Use the provision at 252.225–
7020, Trade Agreements Certificate, to
comply with 19 U.S.C. 2501–2518 and
19 U.S.C. 3301 note. Alternate I also
implements section 886 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181).
(1) Use the basic provision as
prescribed in 225.1101(5)(i).
(2) Use the alternate I provision as
prescribed in 225.1101(5)(ii).
(L) Use the clause at 252.225–7021,
Trade Agreements to comply with 19
U.S.C. 2501–2518 and 19 U.S.C. 3301
note.
(1) Use the basic clause as prescribed
in 225.1101(6)(i).
(2) Use the alternate II clause as
prescribed in 225.1101(6)(iii).
(M) Use the provision at 252.225–
7023, Preference for Products or
Services from Afghanistan, as
prescribed in 225.7703–4(a), to comply
with section 886 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181).
(N) Use the clause at 252.225–7024,
Requirement for Products or Services
from Afghanistan, as prescribed in
225.7703–4(b), to comply with section
886 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181).
(O) Use the clause at 252.225–7026,
Acquisition Restricted to Products or
Services from Afghanistan, as
prescribed in 225.7703–4(c), to comply
with section 886 of the National Defense
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Authorization Act for Fiscal Year 2008
(Pub. L. 110–181).
(P) Use the clause at 252.225–7027,
Restriction on Contingent Fees for
Foreign Military Sales, as prescribed in
225.7307(a), to comply with 22 U.S.C.
2779.
(Q) Use the clause at 252.225–7028,
Exclusionary Policies and Practices of
Foreign Governments, as prescribed in
225.7307(b), to comply with 22 U.S.C.
2755.
(R) Use the clause at 252.225–7029,
Acquisition of Uniform Components for
Afghan Military or Afghan National
Police, as prescribed in 225.7703–4(d).
(S) Use the provision at 252.225–
7031, Secondary Arab Boycott of Israel,
as prescribed in 225.7605, to comply
with 10 U.S.C. 2410i.
(T) Use the provision at 252.225–
7035, Buy American—Free Trade
Agreements—Balance of Payments
Program Certificate, to comply with 41
U.S.C. chapter 83 and 19 U.S.C. 3301
note. Alternates II, III, and V also
implement section 886 of the National
Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110–181).
(1) Use the basic provision as
prescribed in 225.1101(9)(i).
(2) Use the alternate I provision as
prescribed in 225.1101(9)(ii).
(3) Use the alternate II provision as
prescribed in 225.1101(9)(iii).
(4) Use the alternate III provision as
prescribed in 225.1101(9)(iv).
(5) Use the alternate IV provision as
prescribed in 225.1101(9)(v).
(6) Use the alternate V provision as
prescribed in 225.1101(9)(vi).
(U) Use the clause at 252.225–7036,
Buy American—Free Trade
Agreements—Balance of Payments
Program to comply with 41 U.S.C.
chapter 83 and 19 U.S.C. 3301 note.
Alternates II, III, and V also implement
section 886 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181).
(1) Use the basic clause as prescribed
in 225.1101(10)(i)(A).
(2) Use the alternate I clause as
prescribed in 225.1101(10)(i)(B).
(3) Use the alternate II clause as
prescribed in 225.1101(10)(i)(C).
(4) Use the alternate III clause as
prescribed in 225.1101(10)(i)(D).
(5) Use the alternate IV clause as
prescribed in 225.1101(10)(i)(E).
(6) Use the alternate V clause as
prescribed in 225.1101(10)(i)(F).
(V) Use the provision at 252.225–
7037, Evaluation of Offers for Air
Circuit Breakers, as prescribed in
225.7006–4(a), to comply with 10 U.S.C.
2534(a)(3).
(W) Use the clause at 252.225–7038,
Restriction on Acquisition of Air Circuit
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Breakers, as prescribed in 225.7006–
4(b), to comply with 10 U.S.C.
2534(a)(3).
(X) Use the clause at 252.225–7040,
Contractor Personnel Supporting U.S.
Armed Forces Deployed Outside the
United States, as prescribed in
225.7402–5(a).
(Y) Use the clause at 252.225–7043,
Antiterrorism/Force Protection Policy
for Defense Contractors Outside the
United States, as prescribed in
225.7403–2.
(Z) Use the provision at 252.225–
7049, Prohibition on Acquisition of
Commercial Satellite Services from
Certain Foreign Entities—
Representations, as prescribed at
225.772–5, to comply with 10 U.S.C.
2327(b).
(AA) Use the provision at 252.225–
7050, Disclosure of Ownership or
Control by the Government of a Country
that is a State Sponsor of Terrorism, as
prescribed in 225.771–5, to comply with
10 U.S.C. 2327(b).
(ix) Part 226—Other Socioeconomic
Programs. Use the clause at 252.226–
7001, Utilization of Indian
Organizations, Indian-Owned Economic
Enterprises, and Native Hawaiian Small
Business Concerns, as prescribed in
226.104, to comply with section 8021 of
Pub. L. 107–248 and similar sections in
subsequent DoD appropriations acts.
(x) Part 227—Patents, Data, and
Copyrights. (A) Use the clause at
252.227–7013, Rights in Technical DataNoncommercial Items, as prescribed in
227.7103–6(a). Use the clause with its
Alternate I as prescribed in 227.7103–
6(b)(1). Use the clause with its Alternate
II as prescribed in 227.7103–6(b)(2), to
comply with 10 U.S.C. 7317 and 17
U.S.C. 1301, et seq.
(B) Use the clause at 252.227–7015,
Technical Data-Commercial Items, as
prescribed in 227.7102–4(a)(1), to
comply with 10 U.S.C. 2320. Use the
clause with its Alternate I as prescribed
in 227.7102–4(a)(2), to comply with 10
U.S.C. 7317 and 17 U.S.C. 1301, et seq.
(C) Use the clause at 252.227–7037,
Validation of Restrictive Markings on
Technical Data, as prescribed in
227.7102–4(c).
(xi) Part 232—Contract Financing. (A)
Use the clause at 252.232–7003,
Electronic Submission of Payment
Requests and Receiving Reports, as
prescribed in 232.7004, to comply with
10 U.S.C. 2227.
(B) Use the clause at 252.232–7006,
Wide Area WorkFlow Payment
Instructions, as prescribed in
232.7004(b).
(C) Use the clause at 252.232–7009,
Mandatory Payment by
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Governmentwide Commercial Purchase
Card, as prescribed in 232.1110.
(D) Use the clause at 252.232–7010,
Levies on Contract Payments, as
prescribed in 232.7102.
(E) Use the clause at 252.232–7011,
Payments in Support of Emergencies
and Contingency Operations, as
prescribed in 232.908.
(F) Use the provision at 252.232–
7014, Notification of Payment in Local
Currency (Afghanistan), as prescribed in
232.7202.
(xii) Part 237—Service Contracting.
(A) Use the clause at 252.237–7010,
Prohibition on Interrogation of
Detainees by Contractor Personnel, as
prescribed in 237.173–5, to comply with
section 1038 of Pub. L. 111–84.
(B) Use the clause at 252.237–7019,
Training for Contractor Personnel
Interacting with Detainees, as prescribed
in 237.171–4, to comply with section
1092 of Pub. L. 108–375.
(xiii) Part 239—Acquisition of
Information Technology. (A) Use the
provision at 252.239–7017, Notice of
Supply Chain Risk, as prescribed in
239.7306(a), to comply with section 806
of Pub. L. 111–383, in all solicitations
for contracts involving the development
or delivery of any information
technology, whether acquired as a
service or as a supply.
(B) Use the clause at 252.239–7018,
Supply Chain Risk, as prescribed in
239.7306(b), to comply with section 806
of Pub. L. 111–383, in all solicitations
and contracts involving the
development or delivery of any
information technology, whether
acquired as a service or as a supply.
(xiv) Part 243—Contract
Modifications. Use the clause at
252.243–7002, Requests for Equitable
Adjustment, as prescribed in 243.205–
71, to comply with 10 U.S.C. 2410.
(xv) Part 244—Subcontracting
Policies and Procedures. Use the clause
at 252.244–7000, Subcontracts for
Commercial Items, as prescribed in
244.403.
(xvi) Part 246—Quality Assurance.
(A) Use the clause at 252.246–7003,
Notification of Potential Safety Issues,
as prescribed in 246.371(a).
(B) Use the clause at 252.246–7004,
Safety of Facilities, Infrastructure, and
Equipment for Military Operations, as
prescribed in 246.270–4, to comply with
section 807 of Pub. L. 111–84.
(xvii) Part 247—Transportation. (A)
Use the clause at 252.247–7003, PassThrough of Motor Carrier Fuel
Surcharge Adjustment to the Cost
Bearer, as prescribed in 247.207, to
comply with section 884 of Pub. L. 110–
417.
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(B) Use the provision at 252.247–
7022, Representation of Extent of
Transportation by Sea, as prescribed in
247.574(a).
(C) Use the basic or one of the
alternates of the clause at 252.247–7023,
Transportation of Supplies by Sea, as
prescribed in 247.574(b), to comply
with the Cargo Preference Act of 1904
(10 U.S.C. 2631(a)).
(1) Use the basic clause as prescribed
in 247.574(b)(1).
(2) Use the alternate I clause as
prescribed in 247.574(b)(2).
(3) Use the alternate II clause as
prescribed in 247.574(b)(3).
(D) Use the clause at 252.247–7024,
Notification of Transportation of
Supplies by Sea, as prescribed in
247.574(c).
(E) Use the clause 252.247–7025,
Reflagging or Repair Work, as prescribed
in 247.574(d), to comply with 10 U.S.C.
2631(b).
(F) Use the provision at 252.247–
7026, Evaluation Preference for Use of
Domestic Shipyards—Applicable to
Acquisition of Carriage by Vessel for
DoD Cargo in the Coastwise or
Noncontiguous Trade, as prescribed in
247.574(e), to comply with section 1017
of Pub. L. 109–364.
(G) Use the clause at 252.247–7027,
Riding Gang Member Requirements, as
prescribed in 247.574(f), to comply with
section 3504 of the National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417).
(H) Use the clause at 252.247–7028,
Application for U.S Government
Shipping Documentation/Instructions,
as prescribed in 247.207.
PART 225—FOREIGN ACQUISITION
3. Amend section 225.1101 by—
a. Revising paragraphs (9)(ii) through
(vi); and
■ b. In paragraph (10)(i)(A), removing
‘‘$79,507’’ and adding ‘‘$100,000’’ in its
place.
The revision reads as follows:
■
■
225.1101
Acquisition of supplies.
*
*
*
*
*
(9) * * *
(ii) Use the alternate I provision when
the solicitation includes alternate I of
the clause at 252.225–7036.
(iii) Use the alternate II provision
when the solicitation includes alternate
II of the clause at 252.225–7036.
(iv) Use the alternate III provision
when the solicitation includes alternate
III of the clause at 252.225–7036.
(v) Use the alternate IV provision
when the solicitation includes alternate
IV of the clause at 252.225–7036.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
2021
(vi) Use the alternate V provision
when the solicitation includes alternate
V of the clause at 252.225–7036.
*
*
*
*
*
PART 245—GOVERNMENT PROPERTY
245.102
[Amended]
4. Amend section 245.102, paragraph
(1)(ii)(A), by removing ‘‘Director,
National Geospatial Intelligence
Agency, 4600 Sangamore Road,
Bethesda, MD 20816–5003’’ and adding
‘‘Director, National GeospatialIntelligence Agency, 7500 Geoint Drive,
Springfield, VA 22150’’ in its place.
■
[FR Doc. 2015–00541 Filed 1–14–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 140507412–5014–02]
RIN 0648–BE22
Magnuson-Stevens Fishery
Conservation and Management Act
Provisions; Fisheries of the
Northeastern United States; Northeast
Groundfish Fishery; Framework
Adjustment 52
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS has approved
Framework Adjustment 52 to the
Northeast Multispecies Fishery
Management Plan. This final rule
contains two modifications to the
current windowpane flounder
accountability measures. First, the size
of the accountability measure gearrestricted areas can be reduced if we
determine that improvements in
windowpane flounder stock health
occurred despite the catch limits being
exceeded. Second, the duration of the
accountability measure can be
shortened if we determine that an
overage of the catch limit did not occur
in the year following the overage. This
action allows us to implement
accountability measures based on more
current survey and catch data and
increases fishing opportunities for the
groundfish fishery while still preventing
overfishing.
DATES: This final rule is effective on
January 14, 2015.
SUMMARY:
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2018-2021]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-00541]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 225, and 245
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to provide needed editorial
changes.
DATES: Effective January 15, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B941,
3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-
6088; facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. Revises the format and presentation of the list of solicitation
provisions and
[[Page 2019]]
contract clauses for the acquisition of commercial items at DFARS
212.301(f). No changes are made to the provisions and clauses or to the
prescriptions for their use, only the manner in which they are listed.
Instead of a single continuous list, the provisions and clauses are
being grouped and listed by the applicable DFARS part. This change will
facilitate making additions or deletions to the appropriate part of the
list without having to redesignate and renumber unaffected paragraphs
in other parts to accommodate such changes.
2. Revises the provision prescriptive language at DFARS 225.1101,
paragraph (9), for clarity and to align with the format used for other
prescription paragraphs within this section. No changes are made to the
provision or the substance of the prescriptive language for using the
provision.
3. Corrects the estimated value cited at DFARS 225.1101(10)(i) to
read $100,000 in lieu of $79,507.
4. Updates the address of the National GeoSpatial-Intelligence
Agency at DFARS 245.102(1)(ii)(A).
List of Subjects in 48 CFR Parts 212, 225, and 245
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 225, and 245 are amended as follows:
0
1. The authority citation for 48 CFR parts 212, 225, and 245 continues
to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
2. Revise section 212.301 to read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) The following additional provisions and clauses apply to DoD
solicitations and contracts using FAR part 12 procedures for the
acquisition of commercial items. If the offeror has completed any of
the following provisions listed in this paragraph electronically as
part of its annual representations and certifications at https://www.acquisition.gov, the contracting officer shall consider this
information instead of requiring the offeror to complete these
provisions for a particular solicitation.
(i) Part 203--Improper Business Practices and Personal Conflicts of
Interest. (A) Use the FAR clause at 52.203-3, Gratuities, as prescribed
in FAR 3.202, to comply with 10 U.S.C. 2207.
(B) Use the clause at 252.203-7000, Requirements Relating to
Compensation of Former DoD Officials, as prescribed in 203.171-4(a), to
comply with section 847 of Pub. L. 110-181.
(C) Use the clause at 252.203-7003, Agency Office of the Inspector
General, as prescribed in 203.1004(a), to comply with section 6101 of
Pub. L. 110-252 and 41 U.S.C. 3509.
(D) Use the provision at 252.203-7005, Representation Relating to
Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
(ii) Part 204--Administrative Matters. (A) Use the provision at
252.204-7011, Alternative Line Item Structure, as prescribed in
204.7109(b).
(B) Use the clause at 252.204-7012, Safeguarding of Unclassified
Controlled Technical Information, as prescribed in 204.7303.
(C) Use the provision at 252.204-7013, Limitations on the Use or
Disclosure of Information by Litigation Support Solicitation Offerors,
as prescribed in 204.7403(a), to comply with 10 U.S.C. 129d.
(D) Use the clause at 252.204-7014, Limitations on the Use or
Disclosure of Information by Litigation Support Contractors, as
prescribed in 204.7403(b), to comply with 10 U.S.C. 129d.
(E) Use the clause at 252.204-7015, Disclosure of Information to
Litigation Support Contractors, as prescribed in 204.7403(c), to comply
with 10 U.S.C. 129d.
(iii) Part 205--Publicizing Contract Actions. Use the clause at
252.205-7000, Provision of Information to Cooperative Agreement
Holders, as prescribed in 205.470, to comply with 10 U.S.C. 2416.
(iv) Part 211--Describing Agency Needs. (A) Use the clause at
252.211-7003, Item Unique Identification and Valuation, as prescribed
in 211.274-6(a)(1).
(B) Use the provision at 252.211-7006, Passive Radio Frequency
Identification, as prescribed in 211.275-3.
(C) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, as prescribed in 211.274-6.
(D) Use the clause at 252.211-7008, Use of Government-Assigned
Serial Numbers, as prescribed in 211.274-6(c).
(v) Part 215--Contracting by Negotiation. (A) Use the provision at
252.215-7003, Requirements for Submission of Data Other Than Certified
Cost or Pricing Data--Canadian Commercial Corporation, as prescribed at
215.408(3)(i).
(B) Use the clause at 252.215-7004, Requirement for Submission of
Data other Than Certified Cost or Pricing Data--Modifications--Canadian
Commercial Corporation, as prescribed at 215.408(3)(ii).
(C) Use the provision at 252.215-7007, Notice of Intent to
Resolicit, as prescribed in 215.371-6.
(D) Use the provision 252.215-7008, Only One Offer, as prescribed
at 215.408(4).
(vi) Part 219--Small Business Programs. (A) Use the clause at
252.219-7003, Small Business Subcontracting Plan (DoD Contracts), as
prescribed in 219.708(b)(1)(A)(1), to comply with 15 U.S.C. 637. Use
the clause with its Alternate I when prescribed in 219.708(b)(1)(A)(2).
(B) Use the clause at 252.219-7004, Small Business Subcontracting
Plan (Test Program), as prescribed in 219.708(b)(1)(B), to comply with
15 U.S.C. 637 note.
(vii) Part 223--Environment, Energy and Water Efficiency, Renewable
Energy Technologies, Occupational Safety, and Drug-Free Workplace. Use
the clause at 252.223-7008, Prohibition of Hexavalent Chromium, as
prescribed in 223.7306.
(viii) Part 225--Foreign Acquisition. (A) Use the provision at
252.225-7000, Buy American--Balance of Payments Program Certificate, to
comply with 41 U.S.C. chapter 83 and Executive Order 10582 of December
17, 1954, Prescribing Uniform Procedures for Certain Determinations
Under the Buy-American Act.
(1) Use the basic provision as prescribed in 225.1101(1)(i).
(2) Use the alternate I provision as prescribed in 225.1101(1)(ii).
(B) Use the clause at 252.225-7001, Buy American and Balance of
Payments Program, to comply with 41 U.S.C. chapter 83 and Executive
Order 10582 of December 17, 1954, Prescribing Uniform Procedures for
Certain Determinations Under the Buy-American Act.
(1) Use the basic clause as prescribed in 225.1101(2)(ii).
(2) Use the alternate I clause as prescribed in 225.1101(2)(iii).
(C) Use the clause at 252.225-7008, Restriction on Acquisition of
Specialty Metals, as prescribed in 225.7003-5(a)(1), to comply with 10
U.S.C. 2533b.
(D) Use the clause at 252.225-7009, Restriction on Acquisition of
Certain Articles Containing Specialty Metals, as prescribed in
225.7003-5(a)(2), to comply with 10 U.S.C. 2533b.
[[Page 2020]]
(E) Use the provision at 252.225-7010, Commercial Derivative
Military Article--Specialty Metals Compliance Certificate, as
prescribed in 225.7003-5(b), to comply with 10 U.S.C. 2533b.
(F) Use the clause at 252.225-7012, Preference for Certain Domestic
Commodities, as prescribed in 225.7002-3(a), to comply with 10 U.S.C.
2533a.
(G) Use the clause at 252.225-7015, Restriction on Acquisition of
Hand or Measuring Tools, as prescribed in 225.7002-3(b), to comply with
10 U.S.C. 2533a.
(H) Use the clause at 252.225-7016, Restriction on Acquisition of
Ball and Roller Bearings, as prescribed in 225.7009-5, to comply with
section 8065 of Pub. L. 107-117 and the same restriction in subsequent
DoD appropriations acts.
(I) Use the clause at 252.225-7017, Photovoltaic Devices, as
prescribed in 225.7017-4(a), to comply with section 846 of Pub. L. 111-
383.
(J) Use the provision at 252.225-7018, Photovoltaic Devices--
Certificate, as prescribed in 225.7017-4(b), to comply with section 846
of Pub. L. 111-383.
(K) Use the provision at 252.225-7020, Trade Agreements
Certificate, to comply with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301
note. Alternate I also implements section 886 of the National Defense
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
(1) Use the basic provision as prescribed in 225.1101(5)(i).
(2) Use the alternate I provision as prescribed in 225.1101(5)(ii).
(L) Use the clause at 252.225-7021, Trade Agreements to comply with
19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note.
(1) Use the basic clause as prescribed in 225.1101(6)(i).
(2) Use the alternate II clause as prescribed in 225.1101(6)(iii).
(M) Use the provision at 252.225-7023, Preference for Products or
Services from Afghanistan, as prescribed in 225.7703-4(a), to comply
with section 886 of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181).
(N) Use the clause at 252.225-7024, Requirement for Products or
Services from Afghanistan, as prescribed in 225.7703-4(b), to comply
with section 886 of the National Defense Authorization Act for Fiscal
Year 2008 (Pub. L. 110-181).
(O) Use the clause at 252.225-7026, Acquisition Restricted to
Products or Services from Afghanistan, as prescribed in 225.7703-4(c),
to comply with section 886 of the National Defense Authorization Act
for Fiscal Year 2008 (Pub. L. 110-181).
(P) Use the clause at 252.225-7027, Restriction on Contingent Fees
for Foreign Military Sales, as prescribed in 225.7307(a), to comply
with 22 U.S.C. 2779.
(Q) Use the clause at 252.225-7028, Exclusionary Policies and
Practices of Foreign Governments, as prescribed in 225.7307(b), to
comply with 22 U.S.C. 2755.
(R) Use the clause at 252.225-7029, Acquisition of Uniform
Components for Afghan Military or Afghan National Police, as prescribed
in 225.7703-4(d).
(S) Use the provision at 252.225-7031, Secondary Arab Boycott of
Israel, as prescribed in 225.7605, to comply with 10 U.S.C. 2410i.
(T) Use the provision at 252.225-7035, Buy American--Free Trade
Agreements--Balance of Payments Program Certificate, to comply with 41
U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V
also implement section 886 of the National Defense Authorization Act
for Fiscal Year 2008 (Pub. L. 110-181).
(1) Use the basic provision as prescribed in 225.1101(9)(i).
(2) Use the alternate I provision as prescribed in 225.1101(9)(ii).
(3) Use the alternate II provision as prescribed in
225.1101(9)(iii).
(4) Use the alternate III provision as prescribed in
225.1101(9)(iv).
(5) Use the alternate IV provision as prescribed in 225.1101(9)(v).
(6) Use the alternate V provision as prescribed in 225.1101(9)(vi).
(U) Use the clause at 252.225-7036, Buy American--Free Trade
Agreements--Balance of Payments Program to comply with 41 U.S.C.
chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also
implement section 886 of the National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110-181).
(1) Use the basic clause as prescribed in 225.1101(10)(i)(A).
(2) Use the alternate I clause as prescribed in 225.1101(10)(i)(B).
(3) Use the alternate II clause as prescribed in
225.1101(10)(i)(C).
(4) Use the alternate III clause as prescribed in
225.1101(10)(i)(D).
(5) Use the alternate IV clause as prescribed in
225.1101(10)(i)(E).
(6) Use the alternate V clause as prescribed in 225.1101(10)(i)(F).
(V) Use the provision at 252.225-7037, Evaluation of Offers for Air
Circuit Breakers, as prescribed in 225.7006-4(a), to comply with 10
U.S.C. 2534(a)(3).
(W) Use the clause at 252.225-7038, Restriction on Acquisition of
Air Circuit Breakers, as prescribed in 225.7006-4(b), to comply with 10
U.S.C. 2534(a)(3).
(X) Use the clause at 252.225-7040, Contractor Personnel Supporting
U.S. Armed Forces Deployed Outside the United States, as prescribed in
225.7402-5(a).
(Y) Use the clause at 252.225-7043, Antiterrorism/Force Protection
Policy for Defense Contractors Outside the United States, as prescribed
in 225.7403-2.
(Z) Use the provision at 252.225-7049, Prohibition on Acquisition
of Commercial Satellite Services from Certain Foreign Entities--
Representations, as prescribed at 225.772-5, to comply with 10 U.S.C.
2327(b).
(AA) Use the provision at 252.225-7050, Disclosure of Ownership or
Control by the Government of a Country that is a State Sponsor of
Terrorism, as prescribed in 225.771-5, to comply with 10 U.S.C.
2327(b).
(ix) Part 226--Other Socioeconomic Programs. Use the clause at
252.226-7001, Utilization of Indian Organizations, Indian-Owned
Economic Enterprises, and Native Hawaiian Small Business Concerns, as
prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248
and similar sections in subsequent DoD appropriations acts.
(x) Part 227--Patents, Data, and Copyrights. (A) Use the clause at
252.227-7013, Rights in Technical Data-Noncommercial Items, as
prescribed in 227.7103-6(a). Use the clause with its Alternate I as
prescribed in 227.7103-6(b)(1). Use the clause with its Alternate II as
prescribed in 227.7103-6(b)(2), to comply with 10 U.S.C. 7317 and 17
U.S.C. 1301, et seq.
(B) Use the clause at 252.227-7015, Technical Data-Commercial
Items, as prescribed in 227.7102-4(a)(1), to comply with 10 U.S.C.
2320. Use the clause with its Alternate I as prescribed in 227.7102-
4(a)(2), to comply with 10 U.S.C. 7317 and 17 U.S.C. 1301, et seq.
(C) Use the clause at 252.227-7037, Validation of Restrictive
Markings on Technical Data, as prescribed in 227.7102-4(c).
(xi) Part 232--Contract Financing. (A) Use the clause at 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports,
as prescribed in 232.7004, to comply with 10 U.S.C. 2227.
(B) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, as prescribed in 232.7004(b).
(C) Use the clause at 252.232-7009, Mandatory Payment by
[[Page 2021]]
Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
(D) Use the clause at 252.232-7010, Levies on Contract Payments, as
prescribed in 232.7102.
(E) Use the clause at 252.232-7011, Payments in Support of
Emergencies and Contingency Operations, as prescribed in 232.908.
(F) Use the provision at 252.232-7014, Notification of Payment in
Local Currency (Afghanistan), as prescribed in 232.7202.
(xii) Part 237--Service Contracting. (A) Use the clause at 252.237-
7010, Prohibition on Interrogation of Detainees by Contractor
Personnel, as prescribed in 237.173-5, to comply with section 1038 of
Pub. L. 111-84.
(B) Use the clause at 252.237-7019, Training for Contractor
Personnel Interacting with Detainees, as prescribed in 237.171-4, to
comply with section 1092 of Pub. L. 108-375.
(xiii) Part 239--Acquisition of Information Technology. (A) Use the
provision at 252.239-7017, Notice of Supply Chain Risk, as prescribed
in 239.7306(a), to comply with section 806 of Pub. L. 111-383, in all
solicitations for contracts involving the development or delivery of
any information technology, whether acquired as a service or as a
supply.
(B) Use the clause at 252.239-7018, Supply Chain Risk, as
prescribed in 239.7306(b), to comply with section 806 of Pub. L. 111-
383, in all solicitations and contracts involving the development or
delivery of any information technology, whether acquired as a service
or as a supply.
(xiv) Part 243--Contract Modifications. Use the clause at 252.243-
7002, Requests for Equitable Adjustment, as prescribed in 243.205-71,
to comply with 10 U.S.C. 2410.
(xv) Part 244--Subcontracting Policies and Procedures. Use the
clause at 252.244-7000, Subcontracts for Commercial Items, as
prescribed in 244.403.
(xvi) Part 246--Quality Assurance. (A) Use the clause at 252.246-
7003, Notification of Potential Safety Issues, as prescribed in
246.371(a).
(B) Use the clause at 252.246-7004, Safety of Facilities,
Infrastructure, and Equipment for Military Operations, as prescribed in
246.270-4, to comply with section 807 of Pub. L. 111-84.
(xvii) Part 247--Transportation. (A) Use the clause at 252.247-
7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the
Cost Bearer, as prescribed in 247.207, to comply with section 884 of
Pub. L. 110-417.
(B) Use the provision at 252.247-7022, Representation of Extent of
Transportation by Sea, as prescribed in 247.574(a).
(C) Use the basic or one of the alternates of the clause at
252.247-7023, Transportation of Supplies by Sea, as prescribed in
247.574(b), to comply with the Cargo Preference Act of 1904 (10 U.S.C.
2631(a)).
(1) Use the basic clause as prescribed in 247.574(b)(1).
(2) Use the alternate I clause as prescribed in 247.574(b)(2).
(3) Use the alternate II clause as prescribed in 247.574(b)(3).
(D) Use the clause at 252.247-7024, Notification of Transportation
of Supplies by Sea, as prescribed in 247.574(c).
(E) Use the clause 252.247-7025, Reflagging or Repair Work, as
prescribed in 247.574(d), to comply with 10 U.S.C. 2631(b).
(F) Use the provision at 252.247-7026, Evaluation Preference for
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as
prescribed in 247.574(e), to comply with section 1017 of Pub. L. 109-
364.
(G) Use the clause at 252.247-7027, Riding Gang Member
Requirements, as prescribed in 247.574(f), to comply with section 3504
of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L.
110-417).
(H) Use the clause at 252.247-7028, Application for U.S Government
Shipping Documentation/Instructions, as prescribed in 247.207.
PART 225--FOREIGN ACQUISITION
0
3. Amend section 225.1101 by--
0
a. Revising paragraphs (9)(ii) through (vi); and
0
b. In paragraph (10)(i)(A), removing ``$79,507'' and adding
``$100,000'' in its place.
The revision reads as follows:
225.1101 Acquisition of supplies.
* * * * *
(9) * * *
(ii) Use the alternate I provision when the solicitation includes
alternate I of the clause at 252.225-7036.
(iii) Use the alternate II provision when the solicitation includes
alternate II of the clause at 252.225-7036.
(iv) Use the alternate III provision when the solicitation includes
alternate III of the clause at 252.225-7036.
(v) Use the alternate IV provision when the solicitation includes
alternate IV of the clause at 252.225-7036.
(vi) Use the alternate V provision when the solicitation includes
alternate V of the clause at 252.225-7036.
* * * * *
PART 245--GOVERNMENT PROPERTY
245.102 [Amended]
0
4. Amend section 245.102, paragraph (1)(ii)(A), by removing ``Director,
National Geospatial Intelligence Agency, 4600 Sangamore Road, Bethesda,
MD 20816-5003'' and adding ``Director, National Geospatial-Intelligence
Agency, 7500 Geoint Drive, Springfield, VA 22150'' in its place.
[FR Doc. 2015-00541 Filed 1-14-15; 8:45 am]
BILLING CODE 5001-06-P
