Defense Federal Acquisition Regulation Supplement; Technical Amendments, 28729-28730 [2016-10830]
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Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
commercial, financial, proprietary, or
privileged nature. The term includes
technical data and computer software,
but does not include information that is
lawfully, publicly available without
restriction.
Technical data means recorded
information, regardless of the form or
method of the recording, of a scientific
or technical nature (including computer
software documentation). The term does
not include computer software or data
incidental to contract administration,
such as financial and/or management
information.
(b) * * *
(4) Upon completion of the authorized
litigation support activities, the Offeror
will destroy or return to the Government
at the request of the Contracting Officer
all litigation information in its
possession.
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■ 8. Amend section 252.204–7014 by—
■ a. In the clause heading, removing the
clause date ‘‘(FEB 2014)’’ and adding
‘‘(MAY 2016)’’ in its place;
■ b. In paragraph (a), revising the
introductory text and the definitions of
‘‘Litigation information’’, ‘‘Litigation
support contractor’’, and ‘‘Sensitive
information’’;
■ c. Revising paragraph (b);
■ d. Redesignating paragraphs (c), (d),
and (e) as paragraphs (d), (e), and (f);
■ e. Adding a new paragraph (c);
■ f. In newly redesignated paragraph
(d)(2), removing ‘‘such data or software,
for the unauthorized duplication,
release, or disclosure’’ and adding ‘‘such
litigation information, for any such
unauthorized use or disclosure’’ in its
place; and
■ g. In newly redesignated paragraph (f),
removing ‘‘this paragraph (e)’’ and add
‘‘this paragraph (f)’’ in its place.
The revisions and addition read as
follows:
252.204–7014 Limitations on the Use or
Disclosure of Information by Litigation
Support Contractors.
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(a) Definitions. As used in this
clause—
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Litigation information means any
information, including sensitive
information, that is furnished to the
contractor by or on behalf of the
Government, or that is generated or
obtained by the contractor in the
performance of litigation support under
a contract. The term does not include
information that is lawfully, publicly
available without restriction, including
information contained in a publicly
available solicitation.
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VerDate Sep<11>2014
15:17 May 09, 2016
Jkt 238001
Litigation support contractor means a
contractor (including its experts,
technical consultants, subcontractors,
and suppliers) providing litigation
support under a contract that contains
this clause.
Sensitive information means
controlled unclassified information of a
commercial, financial, proprietary, or
privileged nature. The term includes
technical data and computer software,
but does not include information that is
lawfully, publicly available without
restriction.
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(b) Limitations on use or disclosure of
litigation information. Notwithstanding
any other provision of this contract, the
Contractor shall—
(1) Access and use litigation
information only for the purpose of
providing litigation support under this
contract;
(2) Not disclose litigation information
to any entity outside the Contractor’s
organization unless, prior to such
disclosure the Contracting Officer has
provided written consent to such
disclosure;
(3) Take all precautions necessary to
prevent unauthorized disclosure of
litigation information;
(4) Not use litigation information to
compete against a third party for
Government or nongovernment
contracts; and
(5) Upon completion of the authorized
litigation support activities, destroy or
return to the Government at the request
of the Contracting Officer all litigation
information in its possession.
(c) Violation of paragraph (b)(1),(b)(2),
(b)(3), (b)(4), or (b)(5) of this clause is a
basis for the Government to terminate
this contract.
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■ 9. Amend section 252.204–7015 by—
■ a. Revising the section heading,
introductory text, the clause heading,
and paragraph (a); and
■ b. In the paragraph (b) heading,
removing ‘‘Authorized disclosure’’ and
adding ‘‘Notice of authorized
disclosures’’ in its place.
The revision read as follows:
252.204–7015 Notice of Authorized
Disclosure of Information for Litigation
Support.
As prescribed in 204.7403(c), use the
following clause:
Notice of Authorized Disclosure of
Information for Litigation Support (May
2016)
(a) Definitions. As used in this
clause—
Computer software means computer
programs, source code, source code
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28729
listings, object code listings, design
details, algorithms, processes, flow
charts, formulae, and related material
that would enable the software to be
reproduced, recreated, or recompiled.
Computer software does not include
computer data bases or computer
software documentation.
Litigation support means
administrative, technical, or
professional services provided in
support of the Government during or in
anticipation of litigation.
Litigation support contractor means a
contractor (including its experts,
technical consultants, subcontractors,
and suppliers) providing litigation
support under a contract that contains
the clause at 252.204–7014, Limitations
on the Use or Disclosure of Information
by Litigation Support Contractors.
Sensitive information means
controlled unclassified information of a
commercial, financial, proprietary, or
privileged nature. The term includes
technical data and computer software,
but does not include information that is
lawfully, publicly available without
restriction.
Technical data means recorded
information, regardless of the form or
method of the recording, of a scientific
or technical nature (including computer
software documentation). The term does
not include computer software or data
incidental to contract administration,
such as financial and/or management
information.
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[FR Doc. 2016–10822 Filed 5–9–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212, 215, 216, and 225
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 May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer L. Hawes, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), Room
SUMMARY:
E:\FR\FM\10MYR1.SGM
10MYR1
28730
Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations
3B941, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Telephone 571–372–6115; facsimile
571–372–6094.
PART 215—CONTRACTING BY
NEGOTIATION
This final
rule amends the DFARS as follows—
1. Corrects cross references at DFARS
212.301(f)(xvi), Acquisition of
Information Technology, in paragraphs
(A) and (B);
2. Directs contracting officers to
additional DFARS Procedures,
Guidance, and Information (PGI) by
adding a cross reference at DFARS
215.300 and updates the date of the
Director, Defense Procurement and
Acquisition Policy memorandum
entitled ‘‘Department of Defense Source
Selection Procedures’’;
3. Corrects a threshold at DFARS
215.408(3)(ii)(A)(1)(i) to reflect $750,000
in lieu of $700,000 that was
inadvertently omitted in the inflation
adjustment DFARS Case 2014–D025
published in the Federal Register at 80
FR 36903;
4. Adds DFARS section 216.104 to
provide guidance concerning selection
and negotiation of the most appropriate
contract type and also directs
contracting officers to additional PGI
coverage.
5. Redesignates paragraphs within
DFARS 225.7003–2 to add a new
paragraph (b) to provide an internet link
for more information on specialty
metals restrictions and reporting of
noncompliances.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR 212, 215, 216,
and 225
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 212, 215, 216,
and 225 are amended as follows:
1. The authority citation for 48 CFR
parts 212, 215, 216, and 225 continues
to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
ehiers on DSK5VPTVN1PROD with RULES
215.408
[AMENDED]
4. Amend section 215.408, in
paragraph (3)(ii)(A)(1)(i), by removing
‘‘$700,000’’ and adding ‘‘$750,000’’ in
its place.
■
PART 216—TYPES OF CONTRACTS
5. Add section 216.104 to read as
follows:
■
216.104
2. Amend section 212.301, in
paragraphs (f)(xvi)(A) and (B), by
removing ‘‘239.7603(a)’’ and
‘‘239.7603(b)’’ and adding ‘‘239.7604(a)’’
and ‘‘239.7604(b)’’ in each place,
respectively.
■
Factors in selecting contract type.
Contracting officers shall follow the
principles and procedures in Director,
Defense Procurement and Acquisition
Policy memorandum dated April 1,
2016, entitled ‘‘Guidance on Using
Incentive and Other Contract Types,’’
when selecting and negotiating the most
appropriate contract type for a given
procurement. See PGI 216.104.
PART 225—FOREIGN ACQUISITION
6. Amend section 225.7003–2 by—
■ a. Redesignating paragraphs (a) and
(b) as (1) and (2), respectively;
■ b. Designating the introductory text as
paragraph (a);
■ c. In the newly redesignated
paragraph (1), redesignating paragraphs
(1) through (6) as paragraphs (i) through
(vi), respectively; and
■ d. Adding paragraph (b).
The addition reads as follows:
Jkt 238001
Restrictions.
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(b) For more information on specialty
metals restrictions and reporting of
noncompliances, see https://
www.acq.osd.mil/dpap/cpic/ic/
restrictions_on_specialty_metals_10_
usc_2533b.html.
[FR Doc. 2016–10830 Filed 5–9–16; 8:45 am]
BILLING CODE 5001–06–P
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Defense Acquisition Regulations
System
48 CFR Part 217
[Docket DARS–2015–0067]
Contracting officers shall follow the
principles and procedures in Director,
Defense Procurement and Acquisition
Policy memorandum dated April 1,
2016, entitled ‘‘Department of Defense
Source Selection Procedures,’’ when
conducting negotiated, competitive
acquisitions utilizing FAR part 15
procedures. See PGI 215.300.
*
[AMENDED]
15:17 May 09, 2016
Scope of subpart.
225.7003–2
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
VerDate Sep<11>2014
215.300
■
Government procurement.
212.301
3. Revise section 215.300 to read as
follows:
■
DEPARTMENT OF DEFENSE
RIN 0750–AI80
Defense Federal Acquisition
Regulation Supplement: Multiyear
Contract Requirements (DFARS Case
2015–D009)
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 implement a section of the
National Defense Authorization Act for
Fiscal Year 2015 and a section of the
Department of Defense Appropriations
Act, 2015, which address various
requirements for multiyear contracts.
DATES: Effective May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Christopher Stiller, telephone 571–372–
6176.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published a proposed rule in the
Federal Register at 80 FR 81499 on
December 30, 2015, to amend the
DFARS to implement section 816 of the
National Defense Authorization Act for
Fiscal Year 2015 (Pub. L. 113–291) and
section 8010 of the Department of
Defense Appropriations Act, 2015
(Division C, Title VIII of Pub. L. 113–
235), which address various
requirements for multiyear contracts.
There were no public comments
submitted in response to the proposed
rule. There are no changes from the
proposed rule made in the final rule.
II. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule does not add any new
provisions or clauses or impact any
existing provisions or clauses.
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,
E:\FR\FM\10MYR1.SGM
10MYR1
Agencies
[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28729-28730]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10830]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212, 215, 216, and 225
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 May 10, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room
[[Page 28730]]
3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-
372-6115; facsimile 571-372-6094.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as
follows--
1. Corrects cross references at DFARS 212.301(f)(xvi), Acquisition
of Information Technology, in paragraphs (A) and (B);
2. Directs contracting officers to additional DFARS Procedures,
Guidance, and Information (PGI) by adding a cross reference at DFARS
215.300 and updates the date of the Director, Defense Procurement and
Acquisition Policy memorandum entitled ``Department of Defense Source
Selection Procedures'';
3. Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect
$750,000 in lieu of $700,000 that was inadvertently omitted in the
inflation adjustment DFARS Case 2014-D025 published in the Federal
Register at 80 FR 36903;
4. Adds DFARS section 216.104 to provide guidance concerning
selection and negotiation of the most appropriate contract type and
also directs contracting officers to additional PGI coverage.
5. Redesignates paragraphs within DFARS 225.7003-2 to add a new
paragraph (b) to provide an internet link for more information on
specialty metals restrictions and reporting of noncompliances.
List of Subjects in 48 CFR 212, 215, 216, and 225
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212, 215, 216, and 225 are amended as
follows:
0
1. The authority citation for 48 CFR parts 212, 215, 216, and 225
continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.301 [AMENDED]
0
2. Amend section 212.301, in paragraphs (f)(xvi)(A) and (B), by
removing ``239.7603(a)'' and ``239.7603(b)'' and adding ``239.7604(a)''
and ``239.7604(b)'' in each place, respectively.
PART 215--CONTRACTING BY NEGOTIATION
0
3. Revise section 215.300 to read as follows:
215.300 Scope of subpart.
Contracting officers shall follow the principles and procedures in
Director, Defense Procurement and Acquisition Policy memorandum dated
April 1, 2016, entitled ``Department of Defense Source Selection
Procedures,'' when conducting negotiated, competitive acquisitions
utilizing FAR part 15 procedures. See PGI 215.300.
215.408 [AMENDED]
0
4. Amend section 215.408, in paragraph (3)(ii)(A)(1)(i), by removing
``$700,000'' and adding ``$750,000'' in its place.
PART 216--TYPES OF CONTRACTS
0
5. Add section 216.104 to read as follows:
216.104 Factors in selecting contract type.
Contracting officers shall follow the principles and procedures in
Director, Defense Procurement and Acquisition Policy memorandum dated
April 1, 2016, entitled ``Guidance on Using Incentive and Other
Contract Types,'' when selecting and negotiating the most appropriate
contract type for a given procurement. See PGI 216.104.
PART 225--FOREIGN ACQUISITION
0
6. Amend section 225.7003-2 by--
0
a. Redesignating paragraphs (a) and (b) as (1) and (2), respectively;
0
b. Designating the introductory text as paragraph (a);
0
c. In the newly redesignated paragraph (1), redesignating paragraphs
(1) through (6) as paragraphs (i) through (vi), respectively; and
0
d. Adding paragraph (b).
The addition reads as follows:
225.7003-2 Restrictions.
* * * * *
(b) For more information on specialty metals restrictions and
reporting of noncompliances, see https://www.acq.osd.mil/dpap/cpic/ic/restrictions_on_specialty_metals_10_usc_2533b.html.
[FR Doc. 2016-10830 Filed 5-9-16; 8:45 am]
BILLING CODE 5001-06-P