Defense Federal Acquisition Regulation Supplement; Technical Amendments, 25511-25512 [2023-08647]
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Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Rules and Regulations
PART 102–39—REPLACEMENT OF
PERSONAL PROPERTY PURSUANT
TO THE EXCHANGE/SALE AUTHORITY
1. The authority citation for 41 CFR
part 102–39 continues to read as
follows:
■
Authority: 40 U.S.C. 121(c); 40 U.S.C. 503.
2. Amend § 102–39.20 in the
definition ‘‘Similar’’ by revising
paragraph (4) and adding a note to read
as follows:
■
§ 102–39.20
part?
What definitions apply to this
*
*
*
*
*
Similar * * *
(4) Are designed or constructed for
the same general purpose (includes any
and all forms of property regardless of
the FSC Group to which they are
assigned).
Note 1 to the definition of ‘‘similar’’:
Only one of the criteria in this
definition needs to be met for the
property to be considered ‘‘similar’’ for
an exchange/sale transaction.
*
*
*
*
*
■ 3. Amend § 102–39.25 by revising the
first sentence to read as follows:
§ 102–39.25 Which exchange/sale
provisions are subject to deviation?
All of the provisions in this part are
subject to deviation (upon presentation
of adequate justification) except for
those mandated by statute, as described
in note 1 to § 102–39.60(a) and § 102–
39.80. * * *
■ 4. Revise § 102–39.40 to read as
follows:
lotter on DSK11XQN23PROD with RULES1
§ 102–39.40 How does the exchange/sale
authority differ from the disposal process
for excess/surplus personal property?
(a) The primary difference is that sales
proceeds or exchange allowances may
be used to acquire similar replacement
personal property that is still needed
under the exchange/sale authority as
described in this part; whereas under
the more frequently used excess/surplus
disposal process, you would not be able
to use sales proceeds or exchange
allowances to acquire replacement
personal property.
(b) Your use of the exchange/sale
authority is optional and should be
considered when needed replacement
assets may be acquired under the
provisions of this part. If exchange/sale
is not practicable (for example, if
conducting an exchange/sale transaction
is not cost effective), you should dispose
of the property through the excess/
surplus disposal process by reporting
the property as excess, as addressed in
part 102–36 of this chapter.
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16:18 Apr 26, 2023
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(c) In the excess/surplus disposal
process, any net proceeds from the sale
of surplus property generally must be
forwarded to the miscellaneous receipts
account at the United States Treasury,
and thus would not be available to you
for use in acquiring similar replacement
property or for any other purpose. You
may use the exchange/sale authority in
the acquisition of personal property
even if the acquisition is under a
services contract, as long as the property
acquired under the services contract is
similar to the property exchanged or
sold (e.g., for a service life extension
program (SLEP), exchange allowances or
sales proceeds would be available for
replacement of similar items, but not for
services).
■ 5. Amend § 102–39.60 by revising
paragraph (a) to read as follows:
§ 102–39.60 What restrictions and
prohibitions apply to the exchange/sale of
personal property?
*
*
*
*
*
(a) The following FSC Groups of
personal property:
(1) 10 Weapons.
(2) 11 Nuclear ordinance.
(3) 44 Furnace, Steam Plant, and
Drying Equipment; and Nuclear
Reactors (FSC Class 4470, Nuclear
Reactors only).
(4) 68 Chemical and chemical
products.
(5) 84 Clothing, individual
equipment, and insignia.
Note 1 to paragraph (a): Under no
circumstances will deviations be
granted for FSC Class 1005, Guns
through 30mm. Deviations are not
required for Department of Defense
(DoD) property in FSC Groups 10 (for
classes other than FSC Class 1005), or
any other FSC Group, for which the
applicable DoD demilitarization
requirements, and any other applicable
regulations and statutes are met.
*
*
*
*
*
■ 6. Amend § 102–39.65 by:
■ a. Removing ‘‘and’’ from the end of
paragraph (d);
■ b. Redesignating paragraph (e) as
paragraph (f); and
■ c. Adding new paragraph (e).
The addition reads as follows:
§ 102–39.65 What conditions apply to the
exchange/sale of personal property?
*
*
*
*
*
(e) Your agency documents at the time
of exchange or sale (or at the time of
acquiring the replacement property if
acquisition precedes the exchange or
sale) that the exchange allowance or sale
proceeds will be applied to the
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25511
acquisition of replacement property;
and
*
*
*
*
*
■ 7. Amend § 102–39.80 by adding a
sentence at the end to read as follows:
§ 102–39.80 What are the accounting
requirements for exchange allowances or
proceeds of sale?
* * * Under no circumstances will
deviations be granted for this section.
■ 8. Revise § 102–39.85 to read as
follows:
§ 102–39.85 What information am I
required to report?
You must submit, within 90 calendar
days after the close of each fiscal year
(FY), an exchange/sale report using the
online Personal Property Reporting Tool
template found at https://www.property.
reporting.gov. This template provides
the specific information needed for your
agency’s report. You can contact the
GSA Help Desk at help.PPRT@gsa.gov if
you need assistance accessing the online
reporting tool. All reports, including
negative reports, must be submitted
electronically through the Personal
Property Reporting Tool. Transactions
involving books and periodicals in your
libraries need not be reported.
■ 9. Add § 102–39.90 to read as follows:
§ 102–39.90 Where do I obtain additional
information?
Additional information is provided at
the GSA websites www.gsa.gov/bulletin
and www.gsa.gov/exchangesale.
[FR Doc. 2023–08549 Filed 4–26–23; 8:45 am]
BILLING CODE P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 212 and 228
[Docket DARS–2023–0001]
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) in order to make
needed editorial changes.
DATES: Effective April 27, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
SUMMARY:
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27APR1
25512
Federal Register / Vol. 88, No. 81 / Thursday, April 27, 2023 / Rules and Regulations
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: This final
rule amends the DFARS to make needed
editorial changes to 48 CFR part 212.
Section 212.301(f)(vii) is amended to list
the clauses in numerical order. Sections
212.503 and 212.504 are revised to list
the statutory entries in numerical and
alphabetical order, and add the
descriptive term ‘‘(prohibits mandatory
arbitration)’’ at the redesignated section
212.503 paragraph (vii) and section
212.504 paragraph (xiv). A
typographical error is corrected at
section 228.371.
List of Subjects in 48 CFR Parts 212 and
228
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Therefore, 48 CFR parts 212 and 228
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 212 and 228 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 212—ACQUISITION OF
COMMERCIAL PRODUCTS AND
COMMERCIAL SERVICES
2. Amend section 212.301 by—
a. Removing paragraph (f)(vii)(C);
b. Redesignating paragraphs(f)(vii)(A)
and (B) as paragraphs (f)(vii)(B) and (C),
respectively; and
■ c. Adding a new paragraph (f)(vii)(A).
The addition reads as follows:
■
■
■
212.301 Solicitation provisions and
contract clauses for the acquisition of
commercial products and commercial
services.
*
*
*
*
(f) * * *
(vii) * * *
(A) Use the provision at 252.219–
7000, Advancing Small Business
Growth, as prescribed in 219.309(1), to
comply with 10 U.S.C. 4959.
*
*
*
*
*
■ 3. Amend section 212.503 by revising
paragraphs (a)(iii) through (viii) and
(c)(i) and (ii) to read as follows:
lotter on DSK11XQN23PROD with RULES1
*
212.503 Applicability of certain laws to
Executive agency contracts for the
acquisition of commercial products and
commercial services.
(a) * * *
(iii) 10 U.S.C. 3845, Contractor
Inventory Accounting System Standards
(see 252.242–7004).
(iv) 10 U.S.C. 4651, note prec. (section
855, Pub. L. 117–81), Employment
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Jkt 259001
Transparency Regarding Individuals
Who Perform Work in the People’s
Republic of China.
(v) 10 U.S.C. 4656(a), Prohibition on
Persons Convicted of Defense Related
Felonies.
(vi) 10 U.S.C. 4753(b), Requirement to
Identify Suppliers.
(vii) Section 8116 of the Defense
Appropriations Act for Fiscal Year 2010
(Pub. L. 111–118) (prohibits mandatory
arbitration) and similar sections in
subsequent DoD appropriations acts.
(viii) Domestic Content Restrictions in
the National Defense Appropriations
Acts for Fiscal Years 1996 and
Subsequent Years, unless the restriction
specifically applies to commercial
products or commercial services. For
the restriction that specifically applies
to commercial ball or roller bearings as
end items, see 225.7009–3 (section 8065
of Pub. L. 107–117).
(c) * * *
(i) 10 U.S.C. 3703, Truthful Cost or
Pricing Data (see FAR 15.403–1(b)(3)).
(ii) 10 U.S.C. 4655, Prohibition on
Limiting Subcontractor Direct Sales to
the United States (see FAR 3.503 and
52.203–6).
■ 4. Amend section 212.504 by revising
paragraphs (a)(i) through (xv) to read as
follows:
212.504 Applicability of certain laws to
subcontracts for the acquisition of
commercial products and services.
(a) * * *
(i) 10 U.S.C. 2391 note, Notification of
Substantial Impact on Employment.
(ii) 10 U.S.C. 2631, Transportation of
Supplies by Sea (except as provided in
the clause at 252.247–7023,
Transportation of Supplies by Sea).
(iii) 10 U.S.C. 3321(b), Prohibition on
Contingent Fees.
(iv) 10 U.S.C. 3741–3750, Allowable
Costs Under Defense Contracts.
(v) 10 U.S.C. 3841(d), Examination of
Records of a Contractor.
(vi) 10 U.S.C. 3845, Contractor
Inventory Accounting System
Standards.
(vii) 10 U.S.C. 4651, note prec.
(section 855, Pub. L. 117–81),
Employment Transparency Regarding
Individuals Who Perform Work in the
People’s Republic of China.
(viii) 10 U.S.C. 4654, Prohibition
Against Doing Business with Certain
Offerors or Contractors.
(ix) 10 U.S.C. 4656(a), Prohibition on
Persons Convicted of Defense Related
Felonies.
(x) 10 U.S.C. 4753(b), Requirement to
Identify Suppliers.
(xi) 10 U.S.C. 4801 note prec.,
Notification of Proposed Program
Termination.
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(xii) 10 U.S.C. 4864, Miscellaneous
Limitations on the Procurement of
Goods Other Than United States Goods.
(xiii) 10 U.S.C. 4871, Reporting
Requirement Regarding Dealings with
Terrorist Countries.
(xiv) Section 8116 of the Defense
Appropriations Act for Fiscal Year 2010
(Pub. L. 111–118) (prohibits mandatory
arbitration) and similar sections in
subsequent DoD appropriations acts.
(xv) Domestic Content Restrictions in
the National Defense Appropriations
Acts for Fiscal Years 1996 and
Subsequent Years, unless the restriction
specifically applies to commercial
products and commercial services. For
the restriction that specifically applies
to commercial ball or roller bearings as
end items, see 225.7009–3 (section 8065
of Pub. L. 107–117).
*
*
*
*
*
PART 228—BONDS AND INSURANCE
228.371
[Amended]
5. Amend section 228.371 in
paragraph (b)(2) by removing ‘‘228.371–
3’’ and adding ‘‘228.370–3’’ in its place.
■
[FR Doc. 2023–08647 Filed 4–26–23; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 17
[Docket No. FWS–R3–ES–2019–0020;
FF09E21000 FXES1111090FEDR 234]
RIN 1018–BD98
Endangered and Threatened Wildlife
and Plants; Threatened Species Status
With Section 4(d) Rule for Big Creek
Crayfish and St. Francis River Crayfish
and Designation of Critical Habitat
Fish and Wildlife Service,
Interior.
ACTION: Final rule.
AGENCY:
We, the U.S. Fish and
Wildlife Service (Service), determine
threatened species status under the
Endangered Species Act of 1973 (Act),
as amended, for the Big Creek crayfish
(Faxonius peruncus) and the St. Francis
River crayfish (Faxonius quadruncus),
two crayfish species from southern
Missouri. We also finalize a rule under
the authority of section 4(d) of the Act
that provides regulatory measures that
are necessary and advisable to provide
for the conservation of these species. In
addition, we designate critical habitat
for the species; in total, approximately
1,069 river miles (1,720 river
SUMMARY:
E:\FR\FM\27APR1.SGM
27APR1
]]>Agencies
[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Unknown Section]
[Pages 25511-25512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08647]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 228
[Docket DARS-2023-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) in order to make needed editorial changes.
DATES: Effective April 27, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
[[Page 25512]]
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to 48 CFR part 212. Section 212.301(f)(vii) is
amended to list the clauses in numerical order. Sections 212.503 and
212.504 are revised to list the statutory entries in numerical and
alphabetical order, and add the descriptive term ``(prohibits mandatory
arbitration)'' at the redesignated section 212.503 paragraph (vii) and
section 212.504 paragraph (xiv). A typographical error is corrected at
section 228.371.
List of Subjects in 48 CFR Parts 212 and 228
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212 and 228 are amended as follows:
0
1. The authority citation for 48 CFR parts 212 and 228 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
0
2. Amend section 212.301 by--
0
a. Removing paragraph (f)(vii)(C);
0
b. Redesignating paragraphs(f)(vii)(A) and (B) as paragraphs
(f)(vii)(B) and (C), respectively; and
0
c. Adding a new paragraph (f)(vii)(A).
The addition reads as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(vii) * * *
(A) Use the provision at 252.219-7000, Advancing Small Business
Growth, as prescribed in 219.309(1), to comply with 10 U.S.C. 4959.
* * * * *
0
3. Amend section 212.503 by revising paragraphs (a)(iii) through (viii)
and (c)(i) and (ii) to read as follows:
212.503 Applicability of certain laws to Executive agency contracts
for the acquisition of commercial products and commercial services.
(a) * * *
(iii) 10 U.S.C. 3845, Contractor Inventory Accounting System
Standards (see 252.242-7004).
(iv) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81),
Employment Transparency Regarding Individuals Who Perform Work in the
People's Republic of China.
(v) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense
Related Felonies.
(vi) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
(vii) Section 8116 of the Defense Appropriations Act for Fiscal
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and
similar sections in subsequent DoD appropriations acts.
(viii) Domestic Content Restrictions in the National Defense
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless
the restriction specifically applies to commercial products or
commercial services. For the restriction that specifically applies to
commercial ball or roller bearings as end items, see 225.7009-3
(section 8065 of Pub. L. 107-117).
(c) * * *
(i) 10 U.S.C. 3703, Truthful Cost or Pricing Data (see FAR 15.403-
1(b)(3)).
(ii) 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct
Sales to the United States (see FAR 3.503 and 52.203-6).
0
4. Amend section 212.504 by revising paragraphs (a)(i) through (xv) to
read as follows:
212.504 Applicability of certain laws to subcontracts for the
acquisition of commercial products and services.
(a) * * *
(i) 10 U.S.C. 2391 note, Notification of Substantial Impact on
Employment.
(ii) 10 U.S.C. 2631, Transportation of Supplies by Sea (except as
provided in the clause at 252.247-7023, Transportation of Supplies by
Sea).
(iii) 10 U.S.C. 3321(b), Prohibition on Contingent Fees.
(iv) 10 U.S.C. 3741-3750, Allowable Costs Under Defense Contracts.
(v) 10 U.S.C. 3841(d), Examination of Records of a Contractor.
(vi) 10 U.S.C. 3845, Contractor Inventory Accounting System
Standards.
(vii) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81),
Employment Transparency Regarding Individuals Who Perform Work in the
People's Republic of China.
(viii) 10 U.S.C. 4654, Prohibition Against Doing Business with
Certain Offerors or Contractors.
(ix) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense
Related Felonies.
(x) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
(xi) 10 U.S.C. 4801 note prec., Notification of Proposed Program
Termination.
(xii) 10 U.S.C. 4864, Miscellaneous Limitations on the Procurement
of Goods Other Than United States Goods.
(xiii) 10 U.S.C. 4871, Reporting Requirement Regarding Dealings
with Terrorist Countries.
(xiv) Section 8116 of the Defense Appropriations Act for Fiscal
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and
similar sections in subsequent DoD appropriations acts.
(xv) Domestic Content Restrictions in the National Defense
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless
the restriction specifically applies to commercial products and
commercial services. For the restriction that specifically applies to
commercial ball or roller bearings as end items, see 225.7009-3
(section 8065 of Pub. L. 107-117).
* * * * *
PART 228--BONDS AND INSURANCE
228.371 [Amended]
0
5. Amend section 228.371 in paragraph (b)(2) by removing ``228.371-3''
and adding ``228.370-3'' in its place.
[FR Doc. 2023-08647 Filed 4-26-23; 8:45 am]
BILLING CODE 5001-06-P
