Defense Federal Acquisition Regulation Supplement: Deletion of Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case 2015-D002), 10389-10390 [2015-03856]
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10389
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
Any point on or in
Toledo or any port on Lake Erie west of Southeast Shoal
Port Huron Change Point ....................................................
St. Clair River .......................................................................
Detroit or Windsor or the Detroit River ................................
Detroit Pilot Boat ..................................................................
1 When
$1,559
1 5,321
1 4,594
N/A
3,424
2,637
2,637
1,909
§ 401.410 Basic rates and charges on
Lakes Huron, Michigan, and Superior; and
the St. Mary’s River.
*
*
Lakes Huron and
Michigan
Service
6-hour Period ....................
$779
*
(c) Area 8 (Undesignated Waters):
Service
DEPARTMENT OF DEFENSE
Lake Superior
6-hour Period ....................
Docking or Undocking ......
$661
628
5. Amend § 401.420 as follows:
■ a. In paragraph (a), remove the text
‘‘$129’’ and add, in its place, the text
‘‘$142’’; and remove the text ‘‘$2,021’’
and add, in its place, the text ‘‘$2,223’’;
■ b. In paragraph (b), remove the text
‘‘$129’’ and add, in its place, the text
‘‘$142’’; and remove the text ‘‘$2,021’’
and add, in its place, the text ‘‘$2,223’’;
and
■ c. In paragraph (c)(1), remove the text
‘‘$763’’ and add, in its place, the text
‘‘$839’’; in paragraph (c)(3), remove the
text ‘‘$129’’ and add, in its place, the
text ‘‘$142’’; and remove the text
‘‘$2,021’’ and add, in its place, the text
‘‘$2,223’’.
[Amended]
Dated: February 23, 2015.
Gary C. Rasicot,
Director, Marine Transportation Systems,
U.S. Coast Guard.
[FR Doc. 2015–04036 Filed 2–25–15; 8:45 am]
BILLING CODE 9110–04–P
14:38 Feb 25, 2015
48 CFR Part 212
Defense Federal Acquisition
Regulation Supplement: Deletion of
Obsolete Text Relating to Acquisition
of Commercial Items (DFARS Case
2015–D002)
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 delete obsolete text relating
to acquisition of commercial items.
DATES: Effective February 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Janetta Brewer, telephone 571–372–
6104.
SUMMARY:
SUPPLEMENTARY INFORMATION:
6. In § 401.428, remove the text
‘‘$763’’ and add, in its place, the text
‘‘$839’’.
■
VerDate Sep<11>2014
Defense Acquisition Regulations
System
RIN 0750–AI50
[Amended]
■
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N/A
1,909
1,559
3,451
3,451
Jkt 235001
I. Background
On March 12, 2012, the DFARS was
amended to implement a
recommendation made by the Panel on
Contracting Integrity and included in its
2009 Report to Congress concerning
compliance with the DFARS
documentation requirements for
commercial item determinations.
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
Lakes Huron and
Michigan
Docking or Undocking ......
739
(b) Area 7 (Designated Waters):
De tour
Gros Cap .....................................................................................................................................
Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ...................................................
Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................
Sault Ste. Marie, MI .....................................................................................................................
Harbor Movage ............................................................................................................................
§ 401.428
St. Clair River
$2,637
2,685
3,451
N/A
N/A
Service
Area
§ 401.420
Detroit Pilot
Boat
$3,424
3,451
3,451
1,559
N/A
(a) Area 6 (Undesignated Waters):
4. In § 401.410, revise paragraphs (a),
(b), and (c) to read as follows:
*
$2,637
1 4,594
Detroit River
pilots are not changed at the Detroit Pilot Boat.
■
*
Toledo or any
point on Lake
Erie west of
Southeast
Shoal
Southeast
Shoal
$2,913
2,913
2,441
2,441
N/A
Gros cap
N/A
$1,097
1,097
1,097
N/A
Any harbor
N/A
N/A
N/A
N/A
$1,097
DFARS subpart 212.1 was revised to
require the contracting officer to
determine that an acquisition exceeding
$1 million and using FAR part 12
procedures either meets the commercial
item definition at FAR 2.101 or the
criteria at FAR 12.102(g)(1). The DFARS
reference to FAR 12.102(g)(1), however,
is no longer necessary since the FAR
criteria only apply to contracts and task
orders entered on or before November
24, 2013. Accordingly, DFARS
212.102(a)(i)(A) is being revised to
remove the statement ‘‘or meets the
criteria at FAR 12.102(g)(1)’’.
On November 1, 2004, DFARS subpart
212.70 was amended to implement
section 847 of the National Defense
Authorization Act for Fiscal Year 2004,
which authorized DoD to carry out a
pilot program that permitted the use of
streamlined contracting procedures for
the production of items or processes
begun as prototype projects under other
transaction agreements. Since the
authority for this program expired on
September 30, 2010, the associated text
at DFARS subpart 212.70 is being
removed.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
E:\FR\FM\26FER1.SGM
26FER1
10390
Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it only deletes from the DFARS
obsolete authorities for a program that
expired September 30, 2010, and
removes an outdated reference to the
FAR. As such, these DFARS updates
have no significant effect beyond the
internal operating procedures of the
Government and do not impose a
significant cost or administrative impact
on contractors or offerors.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
rmajette on DSK2VPTVN1PROD with RULES
V. 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 Part 212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 212 is
amended as follows:
VerDate Sep<11>2014
14:38 Feb 25, 2015
Jkt 235001
List of Subjects in 48 CFR Parts 218,
225, and 242
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
1. The authority citation for 48 CFR
part 212 continues to read as follows:
Government procurement.
■
Authority: 41 U.S.C. 1303 and 48 CFR
Chapter 1.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
212.102
Therefore, 48 CFR parts 218, 225, and
242 are amended as follows:
[Amended]
2. Amend section 212.102, paragraph
(a)(i)(A) by removing the phrase ‘‘or
meets the criteria at FAR 12.102(g)(1)’’.
■
Subpart 212.70 [Removed and
Reserved]
1. The authority citation for 48 CFR
parts 218, 225, and 242 continues to
read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
3. Remove and reserve subpart 212.70
(consisting of sections 212.7000,
212.7001, 212.7002, 212.7002–1,
212.7002–2, 212.7002–3, and 212.7003).
PART 218–EMERGENCY
ACQUISITIONS
[FR Doc. 2015–03856 Filed 2–25–15; 8:45 am]
■
■
BILLING CODE 5001–06–P
2. Add section 218.272 to read as
follows:
218.272
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 218, 225, and 242
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.
SUMMARY:
DATES:
When supporting a contingency
operation or humanitarian or
peacekeeping operation, follow the
procedures at PGI 218.272 concerning
the use of electronic business tools.
PART 225–FOREIGN ACQUISITION
3. Add section 225.7405 to read as
follows:
■
225.7405
Use of electronic business tools.
See 218.272 concerning the use of
electronic business tools in support of a
contingency operation or humanitarian
or peacekeeping operation.
PART 242–CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
Effective February 26, 2015.
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. Directs contracting officers to
additional procedures and guidance by
adding a reference to DFARS
Procedures, Guidance, and Information
PGI 218.272 at DFARS 218.272. A cross
reference to DFARS 218.272 is also
added at DFARS 225.7405.
2. Directs contracting officers to
additional procedures and guidance by
adding a reference to DFARS
Procedures, Guidance, and Information
PGI 242.7502 at DFARS 242.7502.
FOR FURTHER INFORMATION CONTACT:
PO 00000
Use of electronic business tools.
Frm 00068
Fmt 4700
Sfmt 9990
4. Amend section 242.7502 by
revising paragraph (g)(2) introductory
text to read as follows:
■
242.7502
Policy.
*
*
*
*
*
(g) * * *
(2) The contracting officer responsible
for negotiation of a proposal generated
by an accounting system with an
identified deficiency shall evaluate
whether the deficiency impacts the
negotiations. See also PGI
242.7502(g)(2). If it does not, the
contracting officer should proceed with
negotiations. If it does, the contracting
officer should consider other
alternatives, e.g.—
*
*
*
*
*
[FR Doc. 2015–03858 Filed 2–25–15; 8:45 am]
BILLING CODE 5001–06–P
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]]>Agencies
[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10389-10390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-03856]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 212
RIN 0750-AI50
Defense Federal Acquisition Regulation Supplement: Deletion of
Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case
2015-D002)
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 delete obsolete text
relating to acquisition of commercial items.
DATES: Effective February 26, 2015.
FOR FURTHER INFORMATION CONTACT: Janetta Brewer, telephone 571-372-
6104.
SUPPLEMENTARY INFORMATION:
I. Background
On March 12, 2012, the DFARS was amended to implement a
recommendation made by the Panel on Contracting Integrity and included
in its 2009 Report to Congress concerning compliance with the DFARS
documentation requirements for commercial item determinations. DFARS
subpart 212.1 was revised to require the contracting officer to
determine that an acquisition exceeding $1 million and using FAR part
12 procedures either meets the commercial item definition at FAR 2.101
or the criteria at FAR 12.102(g)(1). The DFARS reference to FAR
12.102(g)(1), however, is no longer necessary since the FAR criteria
only apply to contracts and task orders entered on or before November
24, 2013. Accordingly, DFARS 212.102(a)(i)(A) is being revised to
remove the statement ``or meets the criteria at FAR 12.102(g)(1)''.
On November 1, 2004, DFARS subpart 212.70 was amended to implement
section 847 of the National Defense Authorization Act for Fiscal Year
2004, which authorized DoD to carry out a pilot program that permitted
the use of streamlined contracting procedures for the production of
items or processes begun as prototype projects under other transaction
agreements. Since the authority for this program expired on September
30, 2010, the associated text at DFARS subpart 212.70 is being removed.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation,
[[Page 10390]]
procedure or form (including an amendment or modification thereof) must
be published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it only
deletes from the DFARS obsolete authorities for a program that expired
September 30, 2010, and removes an outdated reference to the FAR. As
such, these DFARS updates have no significant effect beyond the
internal operating procedures of the Government and do not impose a
significant cost or administrative impact on contractors or offerors.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
V. 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 Part 212
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 212 is amended as follows:
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
1. The authority citation for 48 CFR part 212 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.
212.102 [Amended]
0
2. Amend section 212.102, paragraph (a)(i)(A) by removing the phrase
``or meets the criteria at FAR 12.102(g)(1)''.
Subpart 212.70 [Removed and Reserved]
0
3. Remove and reserve subpart 212.70 (consisting of sections 212.7000,
212.7001, 212.7002, 212.7002-1, 212.7002-2, 212.7002-3, and 212.7003).
[FR Doc. 2015-03856 Filed 2-25-15; 8:45 am]
BILLING CODE 5001-06-P
