Defense Federal Acquisition Regulation Supplement: Technical Amendments, 59869-59871 [2021-23458]
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
and Homeland Security Bureau and the
Wireless Telecommunications Bureau
announced a freeze on applications in
the 4.9 GHz band. Pursuant to the
Freeze Public Notice (85 FR 63553, Oct.
8, 2020), the Bureaus are not accepting
applications for new or modified
licenses, including both geographic area
licenses and individual fixed-site
licenses.
On December 30, 2020, the Public
Safety Spectrum Alliance (PSSA), APCO
International (APCO), and the National
Public Safety Telecommunications
Council (NPSTC, and with PSSA and
APCO, the Petitioners) filed petitions for
reconsideration of the Sixth Report and
Order (the Petitions). The Petitioners
asked the Commission to vacate the
Sixth Report and Order because that the
new leasing framework adopted in the
Sixth Report and Order fails to provide
for protection of current and future
public safety use of the band.
The Order on Reconsideration grants
the Petitions insofar as they sought
deletion of the rules adopted in the
Sixth Report and Order. We agree that
the framework, which allows State
Lessors to use and lease the band for
non-public safety purposes, is not in the
public interest, and that the public
interest would be better-served by
considering other models. We also lift,
in part, the licensing freeze adopted in
advance of the Sixth Report and Order,
thereby allowing incumbents to modify
their existing licenses or to license new
permanent fixed sites. We direct the
Bureaus to implement this change to the
freeze via public notice within 30 days
of the adoption of this item.
List of Subjects in 47 CFR Parts 1 and
90
Communications equipment,
Organization and functions
(Government agencies), Radio,
Reporting and recordkeeping
requirements, Telecommunications.
Federal Communications Commission.
Katura Jackson,
Federal Register Liaison Officer.
1. The authority citation for part 1
continues to read as follows:
■
Authority: : 47 U.S.C. chs. 2, 5, 9, 13; 28
U.S.C. 2461 note, unless otherwise noted.
■
■
■
2. Amend § 1.9001 by:
a. Revising paragraph (b); and
b. Removing paragraph (c).
The revision reads as follows:
§ 1.9001
*
*
*
*
(b) Licensees holding exclusive use
rights are permitted to engage in
spectrum leasing whether their
operations are characterized as
commercial, common carrier, private, or
non-common carrier.
§ 1.9005
§ 1.9048 Special provisions relating to
spectrum leasing arrangements involving
licensees in the Public Safety Radio
Services.
Licensees in the Public Safety Radio
Services (see part 90, subpart B, and
§ 90.311(a)(1)(i) of this chapter) may
enter into spectrum leasing
arrangements with other public safety
entities eligible for such a license
authorization as well as with entities
providing communications in support of
public safety operations (see § 90.523(b)
of this chapter).
PART 90—PRIVATE LAND MOBILE
RADIO SERVICES
Authority: 47 U.S.C. 154(i), 161, 303(g),
303(r), 332(c)(7), 1401–1473.
■
■
■
6. Amend § 90.1203 by:
a. Revising paragraph (b); and
b. Removing paragraph (c).
The revision reads as follows:
1. On page 76480, in the first column,
in part 90, amendatory instruction 7
(adding § 90.1217) is removed.
*
Final Rules
For the reasons discussed in the
preamble, the Federal Communications
Jkt 256001
[Amended]
3. Amend § 1.9005 by:
■ a. Adding the word ‘‘and’’ at the end
of paragraph (nn); and
■ b. Removing and reserving paragraph
(oo).
■ 4. Revise § 1.9048 to read as follows:
■
§ 90.1203
15:56 Oct 28, 2021
Purpose and scope.
*
PART 90 [Corrected]
VerDate Sep<11>2014
BILLING CODE 6712–01–P
5. The authority citation for part 90
continues to read as follows:
■
are limited to operations in support of
public safety.
[FR Doc. 2021–23588 Filed 10–28–21; 8:45 am]
PART 1—PRACTICE AND
PROCEDURE
■
Correction
In FR Doc. 2020–23506, appearing on
page 76469 in the Federal Register of
Monday, November 30, 2020, the
following correction is made:
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Commission amends 47 CFR parts 1 and
90 as follows:
59869
Eligibility.
*
*
*
*
(b) 4.9 GHz band licensees may enter
into sharing agreements or other
arrangements for use of the spectrum
with entities that do not meet the
eligibility requirements in this section.
However, all applications in the band
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 203, 205, 207, 209, 211,
212, 215, 216, 217, 218, 222, 223, 225,
228, 231, 232, 233, 239, 242, 245, 246,
251, and 252
[Docket DARS–2021–0001]
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:
Effective October 29, 2021.
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 makes editorial changes to 48 CFR
parts 203, 205, 207, 209, 211, 212, 215,
216, 217, 218, 222, 223, 225, 228, 231,
232, 233, 239, 242, 245, 246, 251, and
252 to amend the DFARS.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 203,
205, 207, 209, 211, 212, 215, 216, 217,
218, 222, 223, 225, 228, 231, 232, 233,
239, 242, 245, 246, 251, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 203, 205, 207,
209, 211, 212, 215, 216, 217, 218, 222,
223, 225, 228, 231, 232, 233, 239, 242,
245, 246, 251, and 252 are amended as
follows:
■ 1. The authority citation for 48 CFR
parts 203, 205, 207, 209, 211, 212, 215,
216, 217, 218, 222, 223, 225, 228, 231,
232, 233, 239, 242, 245, 246, 251, and
252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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59870
Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
203.806
[Amended]
PART 225—FOREIGN ACQUISITION
PART 216—TYPES OF CONTRACTS
Subpart 225.1—Buy American—
Supplies
11. Revise the heading for section
216.402–2 to read as follows:
■
216.402–2
Performance incentives.
*
*
Subpart 225.2—Buy American—
Construction Materials
■
2. Amend section 203.806 by
removing ‘‘PGI 203.8(a)’’ and adding
‘‘PGI 203.806(a)’’ in its place.
■
PART 205—PUBLICIZING CONTRACT
ACTIONS
3. Add a 205.205 section heading to
subpart 205.2 to read as follows:
■
205.205
215.101–70 under the heading set forth
above.
*
*
*
PART 217—SPECIAL CONTRACTING
METHODS
Subpart 217.78—Reverse Auctions
Special situations.
12. Revise the heading for subpart
217.78 to read as set forth above.
■
PART 207—ACQUISITION PLANNING
Subpart 207.4—Equipment Acquisition
PART 218—EMERGENCY
ACQUISITIONS
4. Revise the heading for subpart
207.4 to read as set forth above.
■
PART 209—CONTRACTOR
QUALIFICATIONS
218.203 Emergency declaration or major
disaster declaration.
■
13. Revise the heading for section
218.203 to read as follows:
*
5. Revise the heading for section
209.409 to read as follows:
■
209.409
*
*
*
*
■
*
*
14. Revise the heading for section
222.403 to read as follows:
■
PART 211—DESCRIBING AGENCY
NEEDS
211.105
*
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
Contract clause.
*
*
222.403 Statutory, Executive order, and
regulatory requirements.
[Removed]
*
6. Remove section 211.105.
*
*
222.403–4
Subpart 211.70[Removed]
*
*
20. Revise the heading for subpart
225.1 to read as set forth above.
21. Revise the heading for subpart
225.2 to read as set forth above.
■ 22. Add a heading for section 225.701
to read as follows:
■
225.701 Restrictions administered by the
Department of the Treasury on acquisitions
of supplies or services from prohibited
sources.
PART 228—BONDS AND INSURANCE
Subpart 228.1—Bonds and Other
Financial Protections
23. Revise the heading for subpart
228.1 to read as set forth above.
■ 24. Revise the heading for section
228.102 to read as follows:
■
228.102 Performance and payment bonds
and alternative payment protections for
construction contracts.
PART 231—CONTRACT COST
PRINCIPLES AND PROCEDURES
25. Revise the heading for section
231.205–22 to read as follows:
■
[Redesignated as 222.403–70]
231.205–22
costs.
Lobbying and political activity
■
15. Redesignate section 222.403–4 as
222.403–70.
PART 212—ACQUISITION OF
COMMERCIAL ITEMS
Subpart 222.6—Contracts for
Materials, Supplies, Articles, and
Equipment
PART 232—CONTRACT FINANCING
16. Revise the heading for subpart
222.6 to read as set forth above.
■
7. Remove subpart 211.70, consisting
of reserved section 211.7001.
Subpart 212.5—Applicability of Certain
Laws to the Acquisition of Commercial
Items and Commercially Available Offthe-Shelf Items
8. Revise the heading for subpart
212.5 to read as set forth above.
■
212.570
[Redesignated as 212.505]
9. Redesignate section 212.570 as
212.505 and revise the heading to read
as follows:
■
■
PART 223—ENVIRONMENT, ENERGY
AND WATER EFFICIENCY,
RENEWABLE ENERGY
TECHNOLOGIES, OCCUPATIONAL
SAFETY, AND DRUG-FREE
WORKPLACE
*
*
*
*
*
232.705 and 232.705–70 [Redesignated as
232.706 and 232.706–70]
26. Redesignate sections 232.705 and
232.705–70 as sections 232.706 and
232.706–70, respectively.
■ 27. Revise the heading for section
232.806 to read as follows:
232.806
*
*
Contract clauses.
*
*
*
■
212.505 Applicability of certain laws to
contracts for the acquisition of COTS items.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
PART 215—CONTRACTING BY
NEGOTIATION
Subpart 215.1—Source Selection
Processes and Techniques
10. Add subpart 215.1 to consist of
existing sections 215.101 through
■
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15:56 Oct 28, 2021
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Subpart 223.4—Use of Recovered
Materials and Biobased Products
PART 233—PROTESTS, DISPUTES,
AND APPEALS
■
17. Revise the heading for subpart
223.4 to read as set forth above.
■
Subpart 223.8—Ozone-Depleting
Substances and Greenhouse Gases
233.215
18. Revise the heading for subpart
223.8 to read as set forth above.
PART 239—ACQUISITION OF
INFORMATION TECHNOLOGY
223.803
239.001
■
[Redesignated as 223.802]
19. Redesignate section 223.803 as
223.802.
■
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28. Revise the heading for section
233.215 to read as follows:
*
*
Contract clauses.
*
*
*
[Redesignated]
29. Redesignate section 239.001 by
removing its designation in subpart
■
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Federal Register / Vol. 86, No. 207 / Friday, October 29, 2021 / Rules and Regulations
239.1 and placing it immediately before
subpart 239.1.
239.7602–1
[Amended]
30. Amend section 239.7602–1 in
paragraph (b)(1) by removing ‘‘https://
iase.disa.mil/cloud_security/Pages/
index.aspx’’ and adding ‘‘https://
public.cyber.mil/dccs/’’ in its place.
■ 31. Amend section 239.7602–2 by
adding a sentence at the end of
paragraph (b) to read as follows:
■
239.7602–2 Required storage of data
within the United States or outlying areas.
*
*
*
*
*
(b) * * * See PGI 239.7602–2 for
additional guidance.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
32. Revise the heading for section
242.1204 to read as follows:
■
242.1204 Applicability of novation
agreements.
*
*
*
*
*
PART 245—GOVERNMENT PROPERTY
33. Revise the heading for section
245.604 to read as follows:
■
245.604
Sale of surplus personal property.
245.604–3
[Redesignated as 245.604–1]
34. Redesignate section 245.604–3 as
245.604–1 and revise it to read as
follows:
■
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245.604–1
Sales procedures.
(1) Best value sales approach. Plant
clearance officers shall determine a best
value sales approach (formal or informal
sales), to include due consideration for
costs, risks, and benefits, e.g., potential
sales proceeds.
(2) Informal bid procedures. The plant
clearance officer may direct the
contractor to issue informal invitations
for bid (orally, telephonically, or by
other informal media), provided—
(i) Maximum practical competition is
obtained;
(ii) Sources solicited are recorded;
and
(iii) Informal bids are confirmed in
writing.
(3) Sale approval and award. Plant
clearance officers shall—
(i) Evaluate bids to establish that the
sale price is fair and reasonable, taking
into consideration—
(A) Knowledge or tests of the market;
(B) Current published prices for the
property;
(C) The nature, condition, quantity,
and location of the property; and
VerDate Sep<11>2014
15:56 Oct 28, 2021
Jkt 256001
(D) Past sale history for like or similar
items;
(ii) Approve award to the responsible
bidder whose bid is most advantageous
to the Government. The plant clearance
officer shall not approve award to any
bidder who is an ineligible transferee, as
defined in 252.245–7004, Reporting,
Reutilization, and Disposal; and
(iii) Notify the contractor of the bidder
to whom an award will be made within
5 working days from receipt of bids.
(4) Noncompetitive sales.
(i) Noncompetitive sales include
purchases or retention at less than cost
by the contractor. Noncompetitive sales
may be made when—
(A) The plant clearance officer
determines that this method is essential
to expeditious plant clearance; and
(B) The Government’s interests are
adequately protected.
(ii) Noncompetitive sales shall be at
fair and reasonable prices, not less than
those reasonably expected under
competitive sales.
(iii) Conditions justifying
noncompetitive sales are—
(A) No acceptable bids are received
under competitive sale;
(B) Anticipated sales proceeds do not
warrant competitive sale;
(C) Specialized nature of the property
would not create bidder interest;
(D) Removal of the property would
reduce its value or result in
disproportionate handling expenses; or
(E) Such action is essential to the
Government’s interests.
(5) Plant clearance officers shall
consider any special disposal
requirements such as demilitarization or
trade security control requirements in
accordance with DoDM 4160.28–M,
Defense Demilitarization Manual, and
DoDI 2030.08, Implementation of Trade
Security Controls, respectively. See PGI
245.6.
PART 246—QUALITY ASSURANCE
246.701
[Removed]
35. Remove the first instance of
section 246.701 (without heading and
text).
■ 36. Add section 246.702 to read as
follows: 246.702 General.
■
246.701
[Redesignated as 246.702–70]
37. Redesignate the second instance of
section 246.701 (headed ‘‘Definitions’’)
as 246.702–70.
■ 38. Revise the heading for section
246.710 to read as follows:
■
246.710
*
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Contract clauses.
*
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59871
PART 251—USE OF GOVERNMENT
SOURCES BY CONTRACTORS
Subpart 251.2—Contractor Use of
Interagency Fleet Management System
(IFMS)
39. Revise the heading for subpart
251.2 to read as set forth above.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.102
[Redesignated as 252.103]
40. Redesignate section 252.102 as
252.103.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.232–7007
[Amended]
41. Amend section 252.232–7007 in
the introductory text by removing
‘‘232.705–70’’ and adding ‘‘232.706–70’’
in its place.
■
[FR Doc. 2021–23458 Filed 10–28–21; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 383
[Docket No. FMCSA–2017–0330]
RIN 2126–AC11
Controlled Substances and Alcohol
Testing: State Driver’s Licensing
Agency Non-Issuance/Downgrade of
Commercial Driver’s License;
Correction
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Final rule; correction.
AGENCY:
In a final rule published in
the Federal Register on October 7, 2021,
FMCSA amended its regulations to
establish requirements for State Driver’s
Licensing Agencies to access and use
information obtained through the Drug
and Alcohol Clearinghouse, an FMCSAadministered database containing
driver-specific controlled substance and
alcohol records. The final rule included
amendatory instructions that need to be
corrected because of a subsequent,
unrelated rulemaking action affecting
the same section of the Federal Motor
Carrier Safety Regulations. This notice
makes that correction.
DATES: This correction is effective
November 8, 2021.
SUMMARY:
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]]>Agencies
[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59869-59871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23458]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222,
223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252
[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 October 29, 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 makes editorial changes to
48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222,
223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252 to amend
the DFARS.
List of Subjects in 48 CFR Parts 203, 205, 207, 209, 211, 212, 215,
216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245,
246, 251, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216,
217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251,
and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 203, 205, 207, 209, 211,
212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242,
245, 246, 251, and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
[[Page 59870]]
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
203.806 [Amended]
0
2. Amend section 203.806 by removing ``PGI 203.8(a)'' and adding ``PGI
203.806(a)'' in its place.
PART 205--PUBLICIZING CONTRACT ACTIONS
0
3. Add a 205.205 section heading to subpart 205.2 to read as follows:
205.205 Special situations.
PART 207--ACQUISITION PLANNING
Subpart 207.4--Equipment Acquisition
0
4. Revise the heading for subpart 207.4 to read as set forth above.
PART 209--CONTRACTOR QUALIFICATIONS
0
5. Revise the heading for section 209.409 to read as follows:
209.409 Contract clause.
* * * * *
PART 211--DESCRIBING AGENCY NEEDS
211.105 [Removed]
0
6. Remove section 211.105.
Subpart 211.70[Removed]
0
7. Remove subpart 211.70, consisting of reserved section 211.7001.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
Subpart 212.5--Applicability of Certain Laws to the Acquisition of
Commercial Items and Commercially Available Off-the-Shelf Items
0
8. Revise the heading for subpart 212.5 to read as set forth above.
212.570 [Redesignated as 212.505]
0
9. Redesignate section 212.570 as 212.505 and revise the heading to
read as follows:
212.505 Applicability of certain laws to contracts for the acquisition
of COTS items.
* * * * *
PART 215--CONTRACTING BY NEGOTIATION
Subpart 215.1--Source Selection Processes and Techniques
0
10. Add subpart 215.1 to consist of existing sections 215.101 through
215.101-70 under the heading set forth above.
PART 216--TYPES OF CONTRACTS
0
11. Revise the heading for section 216.402-2 to read as follows:
216.402-2 Performance incentives.
* * * * *
PART 217--SPECIAL CONTRACTING METHODS
Subpart 217.78--Reverse Auctions
0
12. Revise the heading for subpart 217.78 to read as set forth above.
PART 218--EMERGENCY ACQUISITIONS
0
13. Revise the heading for section 218.203 to read as follows:
218.203 Emergency declaration or major disaster declaration.
* * * * *
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
14. Revise the heading for section 222.403 to read as follows:
222.403 Statutory, Executive order, and regulatory requirements.
* * * * *
222.403-4 [Redesignated as 222.403-70]
0
15. Redesignate section 222.403-4 as 222.403-70.
Subpart 222.6--Contracts for Materials, Supplies, Articles, and
Equipment
0
16. Revise the heading for subpart 222.6 to read as set forth above.
PART 223--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE
Subpart 223.4--Use of Recovered Materials and Biobased Products
0
17. Revise the heading for subpart 223.4 to read as set forth above.
Subpart 223.8--Ozone-Depleting Substances and Greenhouse Gases
0
18. Revise the heading for subpart 223.8 to read as set forth above.
223.803 [Redesignated as 223.802]
0
19. Redesignate section 223.803 as 223.802.
PART 225--FOREIGN ACQUISITION
Subpart 225.1--Buy American--Supplies
0
20. Revise the heading for subpart 225.1 to read as set forth above.
Subpart 225.2--Buy American--Construction Materials
0
21. Revise the heading for subpart 225.2 to read as set forth above.
0
22. Add a heading for section 225.701 to read as follows:
225.701 Restrictions administered by the Department of the Treasury
on acquisitions of supplies or services from prohibited sources.
PART 228--BONDS AND INSURANCE
Subpart 228.1--Bonds and Other Financial Protections
0
23. Revise the heading for subpart 228.1 to read as set forth above.
0
24. Revise the heading for section 228.102 to read as follows:
228.102 Performance and payment bonds and alternative payment
protections for construction contracts.
PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES
0
25. Revise the heading for section 231.205-22 to read as follows:
231.205-22 Lobbying and political activity costs.
* * * * *
PART 232--CONTRACT FINANCING
232.705 and 232.705-70 [Redesignated as 232.706 and 232.706-70]
0
26. Redesignate sections 232.705 and 232.705-70 as sections 232.706 and
232.706-70, respectively.
0
27. Revise the heading for section 232.806 to read as follows:
232.806 Contract clauses.
* * * * *
PART 233--PROTESTS, DISPUTES, AND APPEALS
0
28. Revise the heading for section 233.215 to read as follows:
233.215 Contract clauses.
* * * * *
PART 239--ACQUISITION OF INFORMATION TECHNOLOGY
239.001 [Redesignated]
0
29. Redesignate section 239.001 by removing its designation in subpart
[[Page 59871]]
239.1 and placing it immediately before subpart 239.1.
239.7602-1 [Amended]
0
30. Amend section 239.7602-1 in paragraph (b)(1) by removing ``https://iase.disa.mil/cloud_security/Pages/index.aspx'' and adding ``https://public.cyber.mil/dccs/'' in its place.
0
31. Amend section 239.7602-2 by adding a sentence at the end of
paragraph (b) to read as follows:
239.7602-2 Required storage of data within the United States or
outlying areas.
* * * * *
(b) * * * See PGI 239.7602-2 for additional guidance.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
32. Revise the heading for section 242.1204 to read as follows:
242.1204 Applicability of novation agreements.
* * * * *
PART 245--GOVERNMENT PROPERTY
0
33. Revise the heading for section 245.604 to read as follows:
245.604 Sale of surplus personal property.
245.604-3 [Redesignated as 245.604-1]
0
34. Redesignate section 245.604-3 as 245.604-1 and revise it to read as
follows:
245.604-1 Sales procedures.
(1) Best value sales approach. Plant clearance officers shall
determine a best value sales approach (formal or informal sales), to
include due consideration for costs, risks, and benefits, e.g.,
potential sales proceeds.
(2) Informal bid procedures. The plant clearance officer may direct
the contractor to issue informal invitations for bid (orally,
telephonically, or by other informal media), provided--
(i) Maximum practical competition is obtained;
(ii) Sources solicited are recorded; and
(iii) Informal bids are confirmed in writing.
(3) Sale approval and award. Plant clearance officers shall--
(i) Evaluate bids to establish that the sale price is fair and
reasonable, taking into consideration--
(A) Knowledge or tests of the market;
(B) Current published prices for the property;
(C) The nature, condition, quantity, and location of the property;
and
(D) Past sale history for like or similar items;
(ii) Approve award to the responsible bidder whose bid is most
advantageous to the Government. The plant clearance officer shall not
approve award to any bidder who is an ineligible transferee, as defined
in 252.245-7004, Reporting, Reutilization, and Disposal; and
(iii) Notify the contractor of the bidder to whom an award will be
made within 5 working days from receipt of bids.
(4) Noncompetitive sales.
(i) Noncompetitive sales include purchases or retention at less
than cost by the contractor. Noncompetitive sales may be made when--
(A) The plant clearance officer determines that this method is
essential to expeditious plant clearance; and
(B) The Government's interests are adequately protected.
(ii) Noncompetitive sales shall be at fair and reasonable prices,
not less than those reasonably expected under competitive sales.
(iii) Conditions justifying noncompetitive sales are--
(A) No acceptable bids are received under competitive sale;
(B) Anticipated sales proceeds do not warrant competitive sale;
(C) Specialized nature of the property would not create bidder
interest;
(D) Removal of the property would reduce its value or result in
disproportionate handling expenses; or
(E) Such action is essential to the Government's interests.
(5) Plant clearance officers shall consider any special disposal
requirements such as demilitarization or trade security control
requirements in accordance with DoDM 4160.28-M, Defense
Demilitarization Manual, and DoDI 2030.08, Implementation of Trade
Security Controls, respectively. See PGI 245.6.
PART 246--QUALITY ASSURANCE
246.701 [Removed]
0
35. Remove the first instance of section 246.701 (without heading and
text).
0
36. Add section 246.702 to read as follows: 246.702 General.
246.701 [Redesignated as 246.702-70]
0
37. Redesignate the second instance of section 246.701 (headed
``Definitions'') as 246.702-70.
0
38. Revise the heading for section 246.710 to read as follows:
246.710 Contract clauses.
* * * * *
PART 251--USE OF GOVERNMENT SOURCES BY CONTRACTORS
Subpart 251.2--Contractor Use of Interagency Fleet Management
System (IFMS)
0
39. Revise the heading for subpart 251.2 to read as set forth above.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.102 [Redesignated as 252.103]
0
40. Redesignate section 252.102 as 252.103.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.232-7007 [Amended]
0
41. Amend section 252.232-7007 in the introductory text by removing
``232.705-70'' and adding ``232.706-70'' in its place.
[FR Doc. 2021-23458 Filed 10-28-21; 8:45 am]
BILLING CODE 5001-06-P
