Defense Federal Acquisition Regulation Supplement: Technical Amendments, 27277-27278 [2021-10584]

Download as PDF 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]


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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