Defense Federal Acquisition Regulation Supplement: Technical Amendments, 27277-27278 [2021-10584]
Download as PDF
<![CDATA[
Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Rules and Regulations
252.204–7022
Closeout
List of Subjects in 48 CFR Parts 204,
212, and 252
As prescribed in 204.804–70, use the
following clause:
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 204, 212, and
252 are amended as follows:
■ 1. The authority citation for 48 CFR
parts 204, 212, and 252 continues to
read as follows:
Authority: 41 US.C. 1303 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE AND
INFORMATION MATTERS
2. Amend section 204.804 by adding
paragraph (4) to read as follows:
■
204.804
Closeout of contract files.
*
*
*
*
*
(4) When using the clause at 252.204–
7022, Expediting Contract Closeout, to
expedite contract closeout, determine
the residual dollar amount upon
completion of all applicable closeout
requirements of FAR 4.804.
■ 3. Add section 204.804–70 to read as
follows:
204.804–70
Contract clause.
Use the clause at 252.204–7022,
Expediting Contract Closeout, in
solicitations and contracts, including
solicitations and contracts using FAR
part 12 procedures for the acquisition of
commercial items, when the contracting
officer intends to expedite contract
closeout through the mutual waiver of
entitlement to a residual dollar amount
of $1,000 or less determined at the time
of contract closeout.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
4. Amend section 212.301 by adding
paragraph (f)(ii)(M) to read as follows:
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
*
*
*
*
*
(f) * * *
(ii) * * *
(M) Use the clause at 252.204–7022,
Expediting Contract Closeout, as
prescribed in 204.804–70.
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
5. Add section 252.204–7022 to read
as follows:
■
VerDate Sep<11>2014
16:06 May 19, 2021
Expediting Contract
Jkt 253001
Expediting Contract Closeout (MAY 2021)
(a) At the conclusion of all applicable
closeout requirements of Federal Acquisition
Regulation 4.804, the Government and
Contractor shall mutually agree on the
residual dollar amount remaining on the
contract. Both the Government and
Contractor agree to waive payment of any
residual dollar amount of $1,000 or less to
which either party may be entitled at the
time of contract closeout.
(b) A residual dollar amount includes all
money owed to either party at the end of the
contract and as a result of the contract,
excluding amounts connected in any way
with taxation or a violation of law or
regulation.
(c) For purposes of determining residual
dollar amounts, offsets (e.g., across multiple
contracts or orders) may be considered only
to the extent permitted by law.
3. Amends the table at DFARS
215.404–71–3, paragraph (c), to correct
a typographical error in the term ‘‘Costplus-incentive-fee’’ in the ‘‘Contract
Type’’ column; and removes
unnecessary punctuation in the column
titled ‘‘Designated Range (percent)’’.
4. In paragraph (e) of the clause at
DFARS 252.204–7007, replaces
references to the Online Representations
and Certifications Application (ORCA)
with references to the System for Award
Management (SAM); deletes duplicate
text; and makes other minor editorial
changes.
5. Corrects a typographical error in
the title of the provision at DFARS
252.204–7017, and capitalizes the
heading for DFARS 252.235–7003.
List of Subjects in 48 CFR Parts 207,
213, 215, 242, 252, and 253
Government procurement.
(End of clause)
[FR Doc. 2021–10580 Filed 5–19–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 207, 213, 215, 242, 252,
and 253
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 20, 2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
OUSD(A&S)DPC(DARS), Room 3B938,
3060 Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6100.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS as follows:
1. At DFARS 207.106, deletes a
redundant paragragh that duplicates
paragraph (S–70)(2)(ii).
2. Updates internet addresses at
DFARS 213.301 paragraph (4), DFARS
242.202 paragraph (e)(1)(A), and DFARS
253.303.
SUMMARY:
Frm 00017
Fmt 4700
Sfmt 4700
Jennifer D. Johnson,
Regulatory Control Officer, Defense
Acquisition Regulations System.
Therefore, 48 CFR parts 207, 213, 215,
242, 252, and 253 are amended as
follows:
1. The authority citation for 48 CFR
parts 207, 213, 215, 242, 252, and 253
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
[Docket DARS–2021–0001]
PO 00000
27277
PART 207—ACQUISITION PLANNING
207.106
[Amended]
2. Amend section 207.106 by
removing the duplicative paragraph (S–
70)(2)(ii) following paragraph (S–
70)(2)(v).
■
PART 213—SIMPLIFIED ACQUISITION
PROCEDURES
3. Amend section 213.301 by revising
paragraph (4) to read as follows:
■
213.301 Governmentwide commercial
purchase card.
*
*
*
*
*
(4) Guidance on DoD purchase, travel,
and fuel card programs is available in
the ‘‘Department of Defense Government
Charge Card Guidebook for Establishing
and Managing Purchase, Travel, and
Fuel Card Programs’’ at https://
www.acq.osd.mil/dpap/pdi/pc/policy_
documents.html. Additional guidance
on the fuel card programs is available at
https://www.dla.mil/Energy/Offers/
Products/GovernmentFuel/.
E:\FR\FM\20MYR1.SGM
20MYR1
27278
Federal Register / Vol. 86, No. 96 / Thursday, May 20, 2021 / Rules and Regulations
215.404–71–3 Contract type risk and
working capital adjustment.
PART 215—CONTRACTING BY
NEGOTIATION
4. Amend section 215.404–71–3 by
revising the paragraph (c) table to read
as follows:
■
*
*
*
(c) * * *
*
*
Contract type
Firm-fixed-price, no financing ......................................................................................................
Firm-fixed-price, with performance-based payments ..................................................................
Firm-fixed-price, with progress payments ...................................................................................
Fixed-price incentive, no financing ..............................................................................................
Fixed-price incentive, with performance-based payments ..........................................................
Fixed-price with redetermination provision ..................................................................................
Fixed-price incentive, with progress payments ...........................................................................
Cost-plus-incentive-fee ................................................................................................................
Cost-plus-fixed-fee .......................................................................................................................
Time-and-materials (including overhaul contracts priced on time-and-materials basis) ............
Labor-hour ...................................................................................................................................
Firm-fixed-price, level-of-effort .....................................................................................................
*
*
*
*
*
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
5. Amend section 242.202 by revising
paragraph (e)(1)(A) to read as follows:
■
242.202 Assignment of contract
administration.
*
*
*
*
*
(e)(1)(A) In special circumstances, a
contract administration office may
request support from a component not
listed in the Federal Directory of
Contract Administration Services
Components (available via the internet
at https://piee.eb.mil/pcm/xhtml/
unauth/index.xhtml).
*
*
*
*
*
6. Amend section 252.204–7007 by—
a. Removing the clause date ‘‘(NOV
2020)’’ and adding ‘‘(MAY 2021)’’ in its
place; and
■ b. Revising paragraph (e).
The revision reads as follows:
■
■
252.204–7007 Alternate A, Annual
Representations and Certifications.
*
*
*
*
*
(e) The Offeror has completed the
annual representations and
certifications electronically via the SAM
website at https://www.acquisition.gov/.
After reviewing the SAM database
information, the Offeror verifies by
submission of the offer that the
FAR/DFARS provision No.
Title
Any changes provided by the Offeror
are applicable to this solicitation only,
and do not result in an update to the
representations and certifications
located in the SAM database.
*
*
*
*
*
7. Amend section 252.204–7017 by
revising the clause title and date to read
as follows:
■
252.204–7017 Prohibition on the
Acquisition of Covered Defense
Telecommunications Equipment or
Services—Representation.
*
*
*
VerDate Sep<11>2014
*
*
*
*
*
*
252.235–7003
*
5
4
3
3
2
........................
1
1
0.5
0.5
0.5
0.5
*
Jkt 253001
253.303
Agency forms.
BILLING CODE 5001–06–P
*
9. Revise section 253.303 to read as
follows:
■
Frm 00018
Fmt 4700
Sfmt 9990
2
2
1
1
1
1
DoD forms are available at https://
www.esd.whs.mil/Directives/forms/.
PART 253—FORMS
PO 00000
to
to
to
to
to
to
Change
*
16:06 May 19, 2021
0
0
0
0
0
0
representations and certifications
currently posted electronically that
apply to this solicitation as indicated in
FAR 52.204–8(c) and paragraph (d) of
this provision have been entered or
updated within the last 12 months, are
current, accurate, complete, and
applicable to this solicitation (including
the business size standard applicable to
the NAICS code referenced for this
solicitation), as of the date of this offer,
and are incorporated in this offer by
reference (see FAR 4.1201); except for
the changes identified below [Offeror to
insert changes, identifying change by
provision number, title, date]. These
amended representation(s) and/or
certification(s) are also incorporated in
this offer and are current, accurate, and
complete as of the date of this offer.
Frequency Authorization.
*
4 to 6
2.5 to 5.5
2 to 4
2 to 4
0.5 to 3.5
[FR Doc. 2021–10584 Filed 5–19–21; 8:45 am]
8. Revise the section heading for
252.235–7003 to read as follows:
■
*
(1)
(6)
(2)
(1)
(6)
(3)
(2)
(4)
(4)
(5)
(5)
(5)
Date
Prohibition on the Acquisition of Covered
Defense Telecommunications Equipment or
Services—Representation (May 2021)
Designated
range
(percent)
Normal value
(percent)
Notes
E:\FR\FM\20MYR1.SGM
20MYR1
]]>Agencies
[Federal Register Volume 86, Number 96 (Thursday, May 20, 2021)]
[Rules and Regulations]
[Pages 27277-27278]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10584]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 207, 213, 215, 242, 252, and 253
[Docket DARS-2021-0001]
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 20, 2021.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, OUSD(A&S)DPC(DARS), Room 3B938, 3060
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6100.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
1. At DFARS 207.106, deletes a redundant paragragh that duplicates
paragraph (S-70)(2)(ii).
2. Updates internet addresses at DFARS 213.301 paragraph (4), DFARS
242.202 paragraph (e)(1)(A), and DFARS 253.303.
3. Amends the table at DFARS 215.404-71-3, paragraph (c), to
correct a typographical error in the term ``Cost-plus-incentive-fee''
in the ``Contract Type'' column; and removes unnecessary punctuation in
the column titled ``Designated Range (percent)''.
4. In paragraph (e) of the clause at DFARS 252.204-7007, replaces
references to the Online Representations and Certifications Application
(ORCA) with references to the System for Award Management (SAM);
deletes duplicate text; and makes other minor editorial changes.
5. Corrects a typographical error in the title of the provision at
DFARS 252.204-7017, and capitalizes the heading for DFARS 252.235-7003.
List of Subjects in 48 CFR Parts 207, 213, 215, 242, 252, and 253
Government procurement.
Jennifer D. Johnson,
Regulatory Control Officer, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 207, 213, 215, 242, 252, and 253 are
amended as follows:
0
1. The authority citation for 48 CFR parts 207, 213, 215, 242, 252, and
253 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 207--ACQUISITION PLANNING
207.106 [Amended]
0
2. Amend section 207.106 by removing the duplicative paragraph (S-
70)(2)(ii) following paragraph (S-70)(2)(v).
PART 213--SIMPLIFIED ACQUISITION PROCEDURES
0
3. Amend section 213.301 by revising paragraph (4) to read as follows:
213.301 Governmentwide commercial purchase card.
* * * * *
(4) Guidance on DoD purchase, travel, and fuel card programs is
available in the ``Department of Defense Government Charge Card
Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card
Programs'' at https://www.acq.osd.mil/dpap/pdi/pc/policy_documents.html. Additional guidance on the fuel card programs is
available at https://www.dla.mil/Energy/Offers/Products/GovernmentFuel/.
[[Page 27278]]
PART 215--CONTRACTING BY NEGOTIATION
0
4. Amend section 215.404-71-3 by revising the paragraph (c) table to
read as follows:
215.404-71-3 Contract type risk and working capital adjustment.
* * * * *
(c) * * *
----------------------------------------------------------------------------------------------------------------
Normal value
Contract type Notes (percent) Designated range (percent)
----------------------------------------------------------------------------------------------------------------
Firm-fixed-price, no financing.............. (1) 5 4 to 6
Firm-fixed-price, with performance-based (6) 4 2.5 to 5.5
payments.
Firm-fixed-price, with progress payments.... (2) 3 2 to 4
Fixed-price incentive, no financing......... (1) 3 2 to 4
Fixed-price incentive, with performance- (6) 2 0.5 to 3.5
based payments.
Fixed-price with redetermination provision.. (3) .............. ..................................
Fixed-price incentive, with progress (2) 1 0 to 2
payments.
Cost-plus-incentive-fee..................... (4) 1 0 to 2
Cost-plus-fixed-fee......................... (4) 0.5 0 to 1
Time-and-materials (including overhaul (5) 0.5 0 to 1
contracts priced on time-and-materials
basis).
Labor-hour.................................. (5) 0.5 0 to 1
Firm-fixed-price, level-of-effort........... (5) 0.5 0 to 1
----------------------------------------------------------------------------------------------------------------
* * * * *
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
5. Amend section 242.202 by revising paragraph (e)(1)(A) to read as
follows:
242.202 Assignment of contract administration.
* * * * *
(e)(1)(A) In special circumstances, a contract administration
office may request support from a component not listed in the Federal
Directory of Contract Administration Services Components (available via
the internet at https://piee.eb.mil/pcm/xhtml/unauth/index.xhtml).
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
6. Amend section 252.204-7007 by--
0
a. Removing the clause date ``(NOV 2020)'' and adding ``(MAY 2021)'' in
its place; and
0
b. Revising paragraph (e).
The revision reads as follows:
252.204-7007 Alternate A, Annual Representations and Certifications.
* * * * *
(e) The Offeror has completed the annual representations and
certifications electronically via the SAM website at https://www.acquisition.gov/. After reviewing the SAM database information, the
Offeror verifies by submission of the offer that the representations
and certifications currently posted electronically that apply to this
solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this
provision have been entered or updated within the last 12 months, are
current, accurate, complete, and applicable to this solicitation
(including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer, and
are incorporated in this offer by reference (see FAR 4.1201); except
for the changes identified below [Offeror to insert changes,
identifying change by provision number, title, date]. These amended
representation(s) and/or certification(s) are also incorporated in this
offer and are current, accurate, and complete as of the date of this
offer.
----------------------------------------------------------------------------------------------------------------
FAR/DFARS provision No. Title Date Change
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Any changes provided by the Offeror are applicable to this
solicitation only, and do not result in an update to the
representations and certifications located in the SAM database.
* * * * *
0
7. Amend section 252.204-7017 by revising the clause title and date to
read as follows:
252.204-7017 Prohibition on the Acquisition of Covered Defense
Telecommunications Equipment or Services--Representation.
* * * * *
Prohibition on the Acquisition of Covered Defense Telecommunications
Equipment or Services--Representation (May 2021)
* * * * *
0
8. Revise the section heading for 252.235-7003 to read as follows:
252.235-7003 Frequency Authorization.
* * * * *
PART 253--FORMS
0
9. Revise section 253.303 to read as follows:
253.303 Agency forms.
DoD forms are available at https://www.esd.whs.mil/Directives/forms/.
[FR Doc. 2021-10584 Filed 5-19-21; 8:45 am]
BILLING CODE 5001-06-P
