Defense Federal Acquisition Regulation Supplement: Item Unique Identification Prescription Correction (DFARS Case 2014-D021), 51750 [2015-20876]
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51750
Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 211
[Docket No. DARS–2015–0041]
RIN 0750–AI65
Defense Federal Acquisition
Regulation Supplement: Item Unique
Identification Prescription Correction
(DFARS Case 2014–D021)
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 correct the prescription for
a clause.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
Dustin Pitsch, telephone 571–372–6090.
SUPPLEMENTARY INFORMATION:
rmajette on DSK7SPTVN1PROD with RULES
SUMMARY:
I. Background
This final rule corrects the clause
prescription at DFARS 211.274–6(a)(1)
to reflect a change that was addressed
and previously published for public
comment in the Federal Register for
proposed rule 2011–D055, Item Unique
Identifier Update, on June 15, 2012 (77
FR 35921). The proposed rule presented
edits to the prescription for the clause
252.211–7003, Item Unique
Identification and Valuation. One of the
changes was inadvertently omitted from
the final rule, which was published in
the Federal Register on December 16,
2013 (78 FR 76067). Due to baseline
changes that occurred (in DFARS rule
2012–D001) between the time when the
proposed rule was published and the
final rule was published, the revision
from the proposed rule to the clause
prescription was not reflected in the
publication of the final rule. One of the
public comments received in response
to the proposed rule was related to the
clause prescription. The comment,
which recommended inclusion of
clarifying text related to ‘‘real property,’’
was addressed in the final rule, had no
impact on the clause prescription in the
final rule, and is inconsequential to the
correction being made in this rule.
The correction to the prescription at
DFARS 211.274–6(a)(1) for clause
252.211–7003, Item Unique
Identification and Valuation, clarifies
that the clause is used in solicitations
and contracts that include the
furnishing of ‘‘supplies, and for services
VerDate Sep<11>2014
12:34 Aug 25, 2015
Jkt 235001
involving the furnishing of supplies,
unless the exceptions at 211.274–2(b)
apply.’’ The current clause prescription
does not directly address the exceptions
for use of the clause and instead states
that the clause applies to items ‘‘that
require item identification or valuation,
or both, in accordance with 211.274–2
and 211.274–3.’’ This final rule corrects
the clause prescription to reflect the
changes anticipated by the 2011–D055
proposed 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
Initial and final regulatory flexibility
analyses were previously prepared
consistent with the Regulatory
Flexibility Act 5 U.S.C. 601, et seq.,
under the DFARS Case 2011–D055
proposed and final rules, respectively.
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 Part 211
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 211 is
amended as follows:
PART 211—DESCRIBING AGENCY
NEEDS
1. The authority citation for 48 CFR
part 211 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
Frm 00028
Fmt 4700
Sfmt 4700
211.274–6
Contract clauses.
(a)(1) Use the clause at 252.211–7003,
Item Unique Identification and
Valuation, in solicitations and contracts,
including solicitations and contracts
using FAR part 12 procedures for the
acquisition of commercial items, for
supplies, and for services involving the
furnishing of supplies, unless the
conditions in 211.274–2(b) apply.
*
*
*
*
*
[FR Doc. 2015–20876 Filed 8–25–15; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 217
[Docket No. DARS–2015–0039]
RIN 0750–AI63
Defense Federal Acquisition
Regulation Supplement: Contracts or
Delivery Orders Issued by a Non-DoD
Agency (DFARS Case 2015–D014)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove duplicative text
relating to contracts or delivery orders
issued by a non-DoD Agency and
relocate remaining text to conform to
the Federal Acquisition Regulation
(FAR).
SUMMARY:
DATES:
Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT:
Ms.
Tresa Sullivan, 571–372–6089.
SUPPLEMENTARY INFORMATION:
I. Background
Government procurement.
PO 00000
2. Amend section 211.274–6 by
revising paragraph (a)(1) to read as
follows:
■
DoD is amending the DFARS to move
the coverage at DFARS subpart 217.78,
Contracts or Delivery Orders Issued by
a Non-DoD Agency, to DFARS subpart
217.7, Interagency Acquisitions:
Acquisitions by Nondefense Agencies
on Behalf of the Department of Defense.
This change will align the DFARS with
the same coverage in the FAR. In
addition, some duplicative text and
definitions for ‘‘non-DoD agency’’ and
‘‘non-DoD agency that is an element of
the intelligence community’’ were
removed from the DFARS coverage,
E:\FR\FM\26AUR1.SGM
26AUR1
Agencies
[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Page 51750]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-20876]
[[Page 51750]]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 211
[Docket No. DARS-2015-0041]
RIN 0750-AI65
Defense Federal Acquisition Regulation Supplement: Item Unique
Identification Prescription Correction (DFARS Case 2014-D021)
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 correct the prescription
for a clause.
DATES: Effective August 26, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 571-372-
6090.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule corrects the clause prescription at DFARS 211.274-
6(a)(1) to reflect a change that was addressed and previously published
for public comment in the Federal Register for proposed rule 2011-D055,
Item Unique Identifier Update, on June 15, 2012 (77 FR 35921). The
proposed rule presented edits to the prescription for the clause
252.211-7003, Item Unique Identification and Valuation. One of the
changes was inadvertently omitted from the final rule, which was
published in the Federal Register on December 16, 2013 (78 FR 76067).
Due to baseline changes that occurred (in DFARS rule 2012-D001) between
the time when the proposed rule was published and the final rule was
published, the revision from the proposed rule to the clause
prescription was not reflected in the publication of the final rule.
One of the public comments received in response to the proposed rule
was related to the clause prescription. The comment, which recommended
inclusion of clarifying text related to ``real property,'' was
addressed in the final rule, had no impact on the clause prescription
in the final rule, and is inconsequential to the correction being made
in this rule.
The correction to the prescription at DFARS 211.274-6(a)(1) for
clause 252.211-7003, Item Unique Identification and Valuation,
clarifies that the clause is used in solicitations and contracts that
include the furnishing of ``supplies, and for services involving the
furnishing of supplies, unless the exceptions at 211.274-2(b) apply.''
The current clause prescription does not directly address the
exceptions for use of the clause and instead states that the clause
applies to items ``that require item identification or valuation, or
both, in accordance with 211.274-2 and 211.274-3.'' This final rule
corrects the clause prescription to reflect the changes anticipated by
the 2011-D055 proposed 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
Initial and final regulatory flexibility analyses were previously
prepared consistent with the Regulatory Flexibility Act 5 U.S.C. 601,
et seq., under the DFARS Case 2011-D055 proposed and final rules,
respectively.
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 Part 211
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 211 is amended as follows:
PART 211--DESCRIBING AGENCY NEEDS
0
1. The authority citation for 48 CFR part 211 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Amend section 211.274-6 by revising paragraph (a)(1) to read as
follows:
211.274-6 Contract clauses.
(a)(1) Use the clause at 252.211-7003, Item Unique Identification
and Valuation, in solicitations and contracts, including solicitations
and contracts using FAR part 12 procedures for the acquisition of
commercial items, for supplies, and for services involving the
furnishing of supplies, unless the conditions in 211.274-2(b) apply.
* * * * *
[FR Doc. 2015-20876 Filed 8-25-15; 8:45 am]
BILLING CODE 5001-06-P