Defense Federal Acquisition Regulation Supplement: Technical Amendments, 17355-17356 [2023-05675]
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Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Rules and Regulations
rule explicitly allows delegation of
authority from the procuring contracting
office to the Government contract
administration office to negotiate and
settle direct costs questioned in
incurred cost audits.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707, Publication of Proposed
Regulations. Subsection (a)(1) of the
statute requires that a procurement
policy, regulation, procedure, or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it merely involves
assignment among DoD agencies of an
existing contract administrative
function. This rule does not have a
significant cost or administrative impact
on contractors or offerors, and it does
not have a significant effect beyond
DoD’s internal operating procedures.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold, for Commercial Services,
and for Commercial Products,
Including Commercially Available Offthe-Shelf Items
This rule does not create any new
solicitation provisions or contract
clauses. It does not impact any existing
solicitation provisions or contract
clauses or prescriptions for their use.
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IV. 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.
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V. Congressional Review Act
As required by the Congressional
Review Act (5 U.S.C. 801–808) before an
interim or final rule takes effect, DoD
will submit a copy of the interim or
final rule with the form, Submission of
Federal Rules under the Congressional
Review Act, to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the
Congressional Review Act cannot take
effect until 60 days after it is published
in the Federal Register. The Office of
Information and Regulatory Affairs has
determined that this rule is not a major
rule as defined by 5 U.S.C. 804.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
VII. Paperwork Reduction Act
This 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 242
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR part 242 is
amended as follows:
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
1. The authority citation for 48 CFR
part 242 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Amend section 242.302 by adding
paragraph (b)(S–71) to read as follows:
■
242.302
Contract administration functions.
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(b) * * *
(S–71)(A) Except for classified
contracts, negotiate or settle questioned
direct costs in an incurred cost audit.
The procuring contracting officer may
delegate this authority to the contract
administration office (CAO) only upon
prior coordination and agreement with
the CAO. Upon such delegation, the
procuring contracting officer shall
provide the CAO access within 30 days
to all supporting documentation in their
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17355
possession related to the questioned
direct costs in an incurred cost audit.
(B) After settlement of the questioned
direct costs, the CAO shall provide the
procuring contracting office the results
of the settlement. The procuring
contracting office shall make any
adjustments resulting from the
settlement on affected contracts and
report such adjustments to the CAO.
[FR Doc. 2023–05674 Filed 3–21–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 243 and 252
[Docket DARS–2023–0001]
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.
DATES: Effective March 22, 2023.
FOR FURTHER INFORMATION CONTACT:
Jennifer D. Johnson, telephone 703–
717–8226.
SUPPLEMENTARY INFORMATION: This final
rule makes the following changes:
1. A final rule published at 88 FR
6578 on January 31, 2023, provided an
incorrect reference at amendatory
instruction 149 by citing ‘‘242.205–71’’
in lieu of ‘‘243.205–71’’. This rule
provides the correct amendatory
instruction.
2. This rule amends section 252.215–
7009, Proposal Adequacy Checklist, at
item 18 in the column entitled
‘‘Submission item’’ in the introductory
text and paragraph a by updating
terminology referencing commercial
products.
SUMMARY:
List of Subjects in 48 CFR Parts 243 and
252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 243 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 243 and 252 continues to read as
follows:
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17356
Federal Register / Vol. 88, No. 55 / Wednesday, March 22, 2023 / Rules and Regulations
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
adding ‘‘commercial products and
commercial services’’ in its place.
PART 243—CONTRACT
MODIFICATIONS
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
243.205–71
[Amended]
2. Amend section 243.205–71 by
removing ‘‘commercial items’’ and
■
The revisions read as follows:
252.215–7009
Checklist.
*
3. Amend section 252.215–7009—
a. By revising the provision date; and
b. In the provision checklist table by
revising reference number 18.
■
■
■
*
Proposal Adequacy
*
*
*
Proposal Adequacy Checklist (Mar
2023)
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*
PROPOSAL ADEQUACY CHECKLIST
References
Proposal
page no.
Submission item
*
18. FAR 52.215–20, FAR
2.101, ‘‘commercial product’’ or ‘‘commercial
service’’.
*
*
*
*
*
Has the offeror submitted an exception to the submission of certified cost or pricing data for commercial products or commercial services proposed either at the
prime or subcontractor level, in accordance with provision 52.215–20?
If not
provided
EXPLAIN
(may use
continuation
pages)
*
a. Has the offeror specifically identified the type of commercial product or commercial service claim (FAR 2.101 ‘‘commercial product’’ or ‘‘commercial service’’
definition), and the basis on which the commercial product or commercial service meets the definition?
b. For modified commercial products (FAR 2.101 ‘‘commercial product’’ definition);
did the offeror classify the modification(s) as either—
i. A modification of a type customarily available in the commercial marketplace
(paragraph (3)(i)); or
ii. A minor modification (paragraph (3)(ii)) of a type not customarily available in the
commercial marketplace made to meet Federal Government requirements not
exceeding the thresholds in FAR 15.403–1(c)(3)(iii)(B)?
c. For proposed commercial products ‘‘of a type’’, or ‘‘evolved’’ or modified (FAR
2.101 ‘‘commercial product’’ definition), did the contractor provide a technical
description of the differences between the proposed item and the comparison
item(s)?
*
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*
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[FR Doc. 2023–05675 Filed 3–21–23; 8:45 am]
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]]>Agencies
[Federal Register Volume 88, Number 55 (Wednesday, March 22, 2023)]
[Rules and Regulations]
[Pages 17355-17356]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05675]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 243 and 252
[Docket DARS-2023-0001]
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 March 22, 2023.
FOR FURTHER INFORMATION CONTACT: Jennifer D. Johnson, telephone 703-
717-8226.
SUPPLEMENTARY INFORMATION: This final rule makes the following changes:
1. A final rule published at 88 FR 6578 on January 31, 2023,
provided an incorrect reference at amendatory instruction 149 by citing
``242.205-71'' in lieu of ``243.205-71''. This rule provides the
correct amendatory instruction.
2. This rule amends section 252.215-7009, Proposal Adequacy
Checklist, at item 18 in the column entitled ``Submission item'' in the
introductory text and paragraph a by updating terminology referencing
commercial products.
List of Subjects in 48 CFR Parts 243 and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 243 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 243 and 252 continues to
read as follows:
[[Page 17356]]
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 243--CONTRACT MODIFICATIONS
243.205-71 [Amended]
0
2. Amend section 243.205-71 by removing ``commercial items'' and adding
``commercial products and commercial services'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.215-7009--
0
a. By revising the provision date; and
0
b. In the provision checklist table by revising reference number 18.
The revisions read as follows:
252.215-7009 Proposal Adequacy Checklist.
* * * * *
Proposal Adequacy Checklist (Mar 2023)
* * * * *
Proposal Adequacy Checklist
--------------------------------------------------------------------------------------------------------------------------------------------------------
If not provided EXPLAIN
References Submission item Proposal page no. (may use continuation
pages)
--------------------------------------------------------------------------------------------------------------------------------------------------------
* * * * * * *
18. FAR 52.215-20, FAR 2.101, Has the offeror submitted an exception to the submission of
``commercial product'' or certified cost or pricing data for commercial products or
``commercial service''. commercial services proposed either at the prime or
subcontractor level, in accordance with provision 52.215-
20?
a. Has the offeror specifically identified the type of
commercial product or commercial service claim (FAR 2.101
``commercial product'' or ``commercial service''
definition), and the basis on which the commercial product
or commercial service meets the definition?
b. For modified commercial products (FAR 2.101 ``commercial
product'' definition); did the offeror classify the
modification(s) as either--
i. A modification of a type customarily available in the
commercial marketplace (paragraph (3)(i)); or
ii. A minor modification (paragraph (3)(ii)) of a type not
customarily available in the commercial marketplace made
to meet Federal Government requirements not exceeding the
thresholds in FAR 15.403-1(c)(3)(iii)(B)?
c. For proposed commercial products ``of a type'', or
``evolved'' or modified (FAR 2.101 ``commercial product''
definition), did the contractor provide a technical
description of the differences between the proposed item
and the comparison item(s)?
* * * * * * *
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* * * * *
[FR Doc. 2023-05675 Filed 3-21-23; 8:45 am]
BILLING CODE 6820-ep-P
