Defense Federal Acquisition Regulation Supplement; Technical Amendments, 73234-73238 [2023-23435]
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Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Rules and Regulations
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
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Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. In § 73.622(j), amend the table
under California by adding an entry for
Colusa to read as follows:
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§ 73.622 Digital television table of
allotments.
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Community
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Channel No.
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California
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Colusa ...................................
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[FR Doc. 2023–23467 Filed 10–24–23; 8:45 am]
BILLING CODE 6712–01–P
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Defense Acquisition Regulations
System
48 CFR Parts 201, 202, 203, 205, 206,
207, 208, 209, 215, 217, 219, 222, 225,
230, 231, 232, 236, 242, 243, 249, 250,
and 252
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amendment. Certain internet links and
email addresses are updated and other
minor edits are made to add pointers to
DFARS Procedures, Guidance, and
Information.
List of Subjects in 48 CFR Parts 201,
202, 203, 205, 206, 207, 208, 209, 215,
217, 219, 222, 225, 230, 231, 232, 236,
242, 243, 249, 250, and 252
[Docket DARS–2023–0001]
Government procurement.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition
Regulations System.
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule; technical
amendment.
Therefore, 48 CFR parts 201, 202, 203,
205, 206, 207, 208, 209, 215, 217, 219,
222, 225, 230, 231, 232, 236, 242, 243,
249, 250, and 252 are amended as
follows:
■ 1. The authority citation for 48 CFR
parts 201, 202, 203, 205, 206, 207, 208,
209, 215, 217, 219, 222, 225, 230, 231,
232, 236, 242, 243, 249, 250, and 252
continues to read as follows:
AGENCY:
DoD is amending the Defense
Federal Acquisition Regulation
Supplement (DFARS) to make needed
editorial changes resulting from a
section of the National Defense
Authorization Act for Fiscal Year 2017
that made organizational changes within
the Office of the Secretary of Defense.
DATES: Effective October 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms.
Jennifer D. Johnson, Defense
Acquisition Regulations System,
telephone 703–717–8226.
SUPPLEMENTARY INFORMATION: Section
901 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2017 (Pub. L. 114–328)
amended title 10, United States Code
(U.S.C.) to strike 10 U.S.C. 133 and add
two new sections 10 U.S.C. 133a, Under
Secretary of Defense for Research and
Engineering; and 10 U.S.C. 133b, Under
Secretary of Defense for Acquisition and
Sustainment, effective February 1, 2018.
This technical amendment provides
editorial changes to fully align the
DFARS with the name redesignations
necessitated by section 901(b) of the
NDAA for FY 2017 from Under
Secretary of Defense for Acquisition,
Technology, and Logistics (USD(AT&L))
to Under Secretary of Defense for
Acquisition and Sustainment
(USD(A&S)).
The DFARS has been incrementally
updated to implement the section 901(b)
name changes when publishing other
final rules that included these
organizational references; however, this
technical amendment is needed to
accomplish all remaining changes
required. Concurrently, the previously
designated USD(AT&L) Defense
Procurement and Acquisition Policy
office was changed to USD(A&S)
Defense Pricing and Contracting, and
this change is included in this technical
SUMMARY:
Federal Communications Commission.
Thomas Horan,
Chief of Staff Media Bureau.
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DEPARTMENT OF DEFENSE
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Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 201—FEDERAL ACQUISITION
REGULATIONS SYSTEM
2. Revise section 201.105–3 to read as
follows:
■
201.105–3
Copies.
The DFARS and the DFARS
Procedures, Guidance, and Information
(PGI) are available at https://
www.acq.osd.mil/dpap/dars/dfarspgi/
current/.
201.107
[Amended]
3. Amend section 201.107 in
paragraph (2) by removing ‘‘Under
Secretary of Defense (Acquisition,
Technology, and Logistics)’’ and adding
‘‘Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
■ 4. Amend section 201.201–1—
■ a. By revising paragraph (d)(i)
introductory text;
■ b. In paragraph (d)(i)II by removing
‘‘Recommendation’’ and adding
‘‘RECOMMENDATION’’ in its place;
■ c. In paragraph (d)(i)III by removing
‘‘Discussion’’ and adding
‘‘DISCUSSION’’ in its place;
■ d. In paragraph (d)(i)IV by removing
‘‘Collaterals’’ and adding
‘‘COLLATERALS’’ in its place; and
■ e. By revising paragraph (d)(i)(V).
The revisions read as follows:
■
201.201–1
The two councils.
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(d)(i) Departments and agencies
process proposed revisions of FAR or
DFARS through channels to the Director
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of the DAR Council. Process the
proposed revision as a memorandum in
the following format, addressed to the
Director, DAR Council via email at
osd.pentagon.ousd-a-s.mbx.dfars@
mail.mil.
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V. DEVIATIONS: If a recommended
revision of DFARS is a FAR deviation,
identify the deviation and include
under separate TAB a justification for
the deviation that addresses the
requirements of 201.402(2). The
justification should be in the form of a
memorandum for the Principal Director,
Defense Pricing and Contracting, Office
of the Under Secretary of Defense
(Acquisition and Sustainment).
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201.301
[Amended]
5. Amend section 201.301 in
paragraph (b) by removing ‘‘Under
Secretary of Defense (Acquisition,
Technology, and Logistics)
(USD(AT&L))’’ and adding ‘‘Under
Secretary of Defense (Acquisition and
Sustainment) (USD(A&S))’’ in its place.
■ 6. Amend section 201.304—
■ a. In paragraph (1)(i) introductory text
by removing ‘‘USD (AT&L)’’ and adding
‘‘USD(A&S)’’ in its place;
■ b. By revising paragraph (1)(ii);
■ c. In paragraph (2)(ii) by removing
‘‘USD(AT&L)’’ and adding ‘‘USD(A&S)’’
in its place;
■ d. In paragraph (4) by removing
‘‘OUSD(AT&L)DPAP’’ and adding
‘‘USD(A&S)DPC’’ in its place;
■ e. In paragraph (5) by removing
‘‘USD(AT&L)’’ and
‘‘OUSD(AT&L)DPAP’’ and adding
‘‘USD(A&S)’’ and ‘‘OUSD(A&S)DPC’’ in
their places, respectively; and
■ f. By revising paragraph (6).
The revisions read as follows:
■
201.304 Agency control and compliance
procedures.
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(1) * * *
(ii) Except as provided in paragraph
(2) of this section, the USD(A&S) has
delegated authority to the Principal
Director, Defense Pricing and
Contracting (DPC) to approve or
disapprove the policies, procedures,
clauses, and forms subject to paragraph
(1)(i) of this section.
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(6) The Principal Director, DPC
publishes changes to the DFARS in the
Federal Register at https://
www.federalregister.gov and on the DPC
website at https://www.acq.osd.mil/
dpap/dars/change_notices.html. Each
change includes an effective date.
Unless guidance accompanying a
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change states otherwise, contracting
officers must include any new or
revised clauses, provisions, or forms in
solicitations issued on or after the
effective date of the change.
■ 7. Amend section 201.402 by—
■ a. Revising paragraph (1) introductory
text;
■ b. Amending paragraph (1)(ii) by
removing ‘‘Subpart’’ and adding
‘‘subpart’’ in its place wherever it
appears; and
■ c. Revising paragraph (2) introductory
text.
The revisions read as follows:
201.402
Policy.
(1) The Principal Director, Defense
Pricing and Contracting (DPC), Office of
the Under Secretary of Defense
(Acquisition and Sustainment)
(OUSD(A&S)DPC), is the approval
authority within DoD for any individual
or class deviation from—
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(2) Submit requests for deviation
approval through department/agency
channels to the approval authority in
paragraph (1) of this section, 201.403, or
201.404, as appropriate. Submit
deviations that require OUSD(A&S)DPC
approval through the Director of the
DAR Council via email at
osd.pentagon.ousd-a-s.mbx.dfars@
mail.mil. At a minimum, each request
must—
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201.404
[Amended]
8. Amend section 201.404 in
paragraph (b)(i) by removing
‘‘OUSD(AT&L)DPAP’’ and adding
‘‘OUSD(A&S)DPC’’ in its place.
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PART 202—DEFINITIONS OF WORDS
AND TERMS
9. Amend section 202.101—
a. In the definition of ‘‘Departments
and agencies’’ by removing ‘‘the Marine
Corps is a part of the Department of the
Navy’’ and adding ‘‘the Marine Corps is
a part of the Department of the Navy,
and the Space Force is a part of the Air
Force’’ in its place and removing ‘‘the
Space Development Agency,’’;
■ b. In the definition of ‘‘Head of the
agency’’ by removing ‘‘Under Secretary
of Defense (Acquisition, Technology,
and Logistics), and the Director of
Defense Procurement and Acquisition
Policy’’ and adding ‘‘Under Secretary of
Defense (Acquisition and Sustainment),
and the Principal Director, Defense
Pricing and Contracting’’ in its place;
■ c. In the definition of ‘‘Procedures,
Guidance, and Information (PGI)’’ in
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paragraph (4) by removing
‘‘electronically at https://
www.acq.osd.mil/dpap/dars/index.htm’’
and adding ‘‘at https://
www.acq.osd.mil/dpap/dars/dfarspgi/
current/’’ in its place; and
■ d. By revising the definition of
‘‘Senior procurement executive’’.
The revision reads as follows:
202.101
Definitions.
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Senior procurement executive means,
for DoD—
(1) Department of Defense (including
the defense agencies)—Under Secretary
of Defense (Acquisition and
Sustainment);
(2) Department of the Army—
Assistant Secretary of the Army
(Acquisition, Logistics and Technology);
(3) Department of the Navy—Assistant
Secretary of the Navy (Research,
Development and Acquisition);
(4) Department of the Air Force—
Assistant Secretary of the Air Force
(Acquisition); and
(5) The directors of the defense
agencies have been delegated authority
to act as senior procurement executive
for their respective agencies, except for
such actions that by terms of statute, or
any delegation, must be exercised by the
Under Secretary of Defense (Acquisition
and Sustainment).
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PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLITS OF INTEREST
203.703
[Amended]
10. Amend section 203.703 by
removing ‘‘Under Secretary of Defense
(Acquisition, Technology, and
Logistics)’’ and adding ‘‘Under Secretary
of Defense (Acquisition and
Sustainment)’’ in its place.
■
PART 205—PUBLICIZING CONTRACT
ACTIONS
11. Revise section 205.205 to read as
follows:
■
205.205
Special situations.
See PGI 205.205 for instructions on
the solicitation notice regarding timely
definitization of equitable adjustments
for change orders under construction
contracts.
205.303
[Amended]
12. Amend section 205.303 in
paragraph (a)(ii)(A) by removing ‘‘Office
of the Assistant Secretary of Defense
(Public Affairs)’’ and adding ‘‘Office of
the Assistant to the Secretary of Defense
for Public Affairs’’ in its place.
■
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PART 206—COMPETITION
REQUIREMENTS
PART 215—CONTRACTING BY
NEGOTIATION
206.302–5
215.403–1
[Amended]
13. Amend section 206.302–5 in
paragraph (c)(i)(B) by removing
‘‘Director of Defense Procurement and
Acquisition Policy, Office of the Under
Secretary of Defense (Acquisition,
Technology, and Logistics)’’ and adding
‘‘Principal Director, Defense Pricing and
Contracting, Office of the Under
Secretary of Defense (Acquisition and
Sustainment)’’ in its place.
206.304
215.406
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[Amended]
14. Amend section 206.304 in
paragraph (a)(4) introductory text by
removing ‘‘Under Secretary of Defense
(Acquisition, Technology, and
Logistics)’’ and adding ‘‘Under Secretary
of Defense (Acquisition and
Sustainment)’’ in its place.
■
PART 207—ACQUISITION PLANNING
207.106
[Amended]
15. Amend section 207.106 in
paragraph (S–73) by removing
‘‘Undersecretary of Defense for
Acquisition, Technology, and Logistics
(USD (AT&L)) and ‘‘USD (AT&L)’’ and
adding ‘‘Under Secretary of Defense for
Acquisition and Sustainment
(USD(A&S))’’ and ‘‘USD(A&S)’’ in their
places, respectively.
■
PART 208—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
208.7002
[Amended]
16. Amend section 208.7002 in
paragraphs (a)(1) and (2) and paragraph
(b) by removing ‘‘Deputy Under
Secretary of Defense (Logistics)’’ and
adding ‘‘Deputy Assistant Secretary of
Defense (Logistics)’’ in its place.
■
PART 209—CONTRACTOR
QUALIFICATIONS
209.406–2
[Amended]
18. Amend section 209.570–2 in
paragraph (c)(2) by removing ‘‘Under
Secretary of Defense for Acquisition,
Technology, and Logistics. (Also see
209.570–3(b).)’’ and adding ‘‘Under
Secretary of Defense for Acquisition and
Sustainment. Also, see 209.570–3(b).’’
in its place.
■
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Documentation.
21. Add section 215.406–2 to read as
follows:
■
215.406–2 Certificate of current cost or
pricing data.
See PGI 215.406–2 for additional
information and guidance on
Certificates of Current Cost or Pricing
Data.
PART 217—SPECIAL CONTRACTING
METHODS
217.7405
[Amended]
22. Amend section 217.7405 in
paragraph (b) by removing ‘‘Office of the
Director, Defense Procurement and
Acquisition Policy’’ and adding ‘‘Office
of the Principal Director, Defense
Pricing and Contracting (Contract
Policy) at osd.pentagon.ousd-as.mbx.asda-dp-c-contractpolicy@
mail.mil’’ in its place.
■
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225.401
Exceptions.
(a) * * *
(2) * * *
(A) If a department or agency
considers an individual acquisition of a
product to be indispensable for national
security or national defense purposes
and appropriate for exclusion from the
provisions of FAR subpart 25.4, it may
submit a request with supporting
rationale to the Principal Director,
Defense Pricing and Contracting (DPC),
Office of the Under Secretary of Defense
(Acquisition and Sustainment)
(OUSD(A&S)DPC). Approval by
OUSD(A&S)DPC is not required if—
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225.403
[Amended]
27. Amend section 225.403 in
paragraph (c)(ii) introductory text by
removing ‘‘Director of Defense
Procurement and Acquisition Policy’’
and adding ‘‘Principal Director, Defense
Pricing and Contracting’’ in its place.
■
225.770–5
[Amended]
PART 219—SMALL BUSINESS
PROGRAMS
28. Amend section 225.770–5 in
paragraph (c)(1) by removing ‘‘Director
of Defense Procurement and Acquisition
Policy’’ and adding ‘‘Principal Director,
Defense Pricing and Contracting’’ in its
place.
219.800
225.871–5
[Amended]
23. Amend section 219.800 in
paragraph (a) by removing ‘‘Under
Secretary of Defense (Acquisition,
Technology, and Logistics)’’ and adding
‘‘Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
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[Amended]
17. Amend section 209.406–2 in
paragraph (1)(ii) by removing ‘‘Director
of Defense Procurement and Acquisition
Policy’’ and adding ‘‘Principal Director,
Defense Pricing and Contracting,’’ in its
place.
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209.570–2
[Amended]
19. Amend section 215.403–1 in
paragraph (c)(4)(B) by removing
‘‘Director, Defense Pricing and
Contracting, Pricing and Contracting
Initiatives (DPC/PCI)’’ and adding
‘‘Office of the Principal Director,
Defense Pricing and Contracting, (Price,
Cost and Finance)’’ in its place.
■ 20. Add section 215.406 to read as
follows:
■
Technology, and Logistics)’’ and adding
‘‘Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
■ 26. Amend section 225.401 by
revising paragraph (a)(2)(A)
introductory text to read as follows:
PART 222—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
■
[Amended]
29. Amend section 225.871–5—
a. In the section heading by removing
‘‘Subcontracting’’ and adding
‘‘subcontracting’’ in its place; and
■ b. In paragraph (a) by removing
‘‘Director of Defense Procurement and
Acquisition Policy’’ and adding
‘‘Principal Director, Defense Pricing and
Contracting’’ in its place.
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225.871–7
[Amended]
30. Amend section 225.871–7 in
paragraph (a)(1) by removing ‘‘Director
of Defense Procurement and Acquisition
Policy’’ and adding ‘‘Principal Director,
Defense Pricing and Contracting’’ in its
place.
■
222.1403
[Amended]
24. Amend section 222.1403 in
paragraph (c)(i) by removing ‘‘Under
Secretary of Defense for Acquisition’’
and adding ‘‘Assistant Secretary of
Defense for Acquisition’’ in its place.
225.872–2
PART 225—FOREIGN ACQUISITION
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225.103
[Amended]
25. Amend section 225.103 in
paragraph (a)(i)(B) by removing ‘‘Under
Secretary of Defense (Acquisition,
■
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[Amended]
31. Amend section 225.872–2 in
paragraph (a)(2)(ii) by removing
‘‘Deputy Under Secretary of Defense
(Industrial Affairs)’’ and adding
‘‘Deputy Assistant Secretary of Defense
for Industrial Base Policy’’ in its place.
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225.872–3
[Amended]
32. Amend section 225.872–3 in
paragraph (e)(4) by removing ‘‘Under
Secretary of Defense (Acquisition,
Technology, and Logistics)’’ and adding
‘‘Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
■ 33. Amend section 225.872–5 by
revising paragraph (a) to read as follows:
■
225.872–5
Contract administration.
(a) Arrangements exist with some
qualifying countries to provide
reciprocal contract administration
services. Some arrangements are at no
cost to either government. To determine
whether such an arrangement has been
negotiated and what contract
administration functions are covered,
contact the Office of the Principal
Director, Defense Pricing and
Contracting (Contract Policy) via email
at osd.pentagon.ousd-a-s.mbx.asda-dpc-contractpolicy@mail.mil.
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225.7002–2
[Amended]
35. In section 225.7003–3 amend
paragraph (b)(2)(ii) by removing
‘‘Director, Defense Procurement and
Acquisition Policy’’ and adding
‘‘Principal Director, Defense Pricing and
Contracting’’ in its place.
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PART 230—COST ACCOUNTING
STANDARDS ADMINISTRATION
230.201
Contract requirements.
37. Amend section 230.201–5 by
revising paragraph (a)(1)(A)
introductory text, paragraph (a)(1)(B),
and paragraph (e) to read as follows:
■
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230.201–5
Waiver.
(a) * * *
(1) * * *
(A) The military departments and the
Principal Director, Defense Pricing and
Contracting (DPC), Office of the Under
Secretary of Defense (Acquisition and
Sustainment)—
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(B) Follow the procedures at PGI
230.201–5(a)(1) for submitting waiver
requests to the Principal Director, DPC.
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232.611
[Amended]
PART 231—CONTRACT COST
PRINCIPLES AND PROCEDURES
231.205–70
232.7101
[Amended]
38. Amend section 231.205–70 in
paragraph (c)(4)(ii)(A) by removing
‘‘Under Secretary of Defense
(Acquisition, Technology, and
Logistics)’’ and adding ‘‘Under Secretary
of Defense (Acquisition and
Sustainment)’’ in its place.
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232.006–5
[Amended]
39. Amend section 232.006–5 by
removing ‘‘Departments and agencies’’
and ‘‘Under Secretary of Defense
(Acquisition, Technology, and
Logistics), through the Director of
Defense Procurement and Acquisition
Policy’’ and adding ‘‘Departments and
agencies,’’ and ‘‘Under Secretary of
Defense (Acquisition and Sustainment)
through the Principal Director, Defense
Pricing and Contracting’’ in their places,
respectively.
■ 40. Amend section 232.070 by
revising paragraphs (a) and (b) to read
as follows:
■
232.070
36. Add section 230.201 to read as
follows:
■
Finance Committee members (also see
subpart 201.4 for deviation request and
approval procedures).
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41. Amend section 232.611 in
paragraph (a) introductory text by
removing ‘‘The Director of Defense
Procurement and Acquisition Policy,
Office of the Under Secretary of Defense
(Acquisition, Technology, and
Logistics)’’ and adding ‘‘The Principal
Director, Defense Pricing and
Contracting, Office of the Under
Secretary of Defense (Acquisition and
Sustainment)’’ in its place.
PART 232—CONTRACT FINANCING
[Amended]
34. Amend section 225.7002–2 in
paragraph (b)(1)(i) by removing ‘‘Under
Secretary of Defense (Acquisition,
Technology, and Logistics)’’ and adding
‘‘Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
■
225.7003–3
(e) By November 30th of each year,
the military departments shall provide a
report to the Office of the Principal
Director, DPC (Contract Policy) of all
waivers granted under FAR 30.201–5(a),
during the previous fiscal year, for any
contract, subcontract, or modification
expected to have a value of $15 million
or more. See PGI 230.201–5(e) for format
and guidance for the report. The
Principal Director, DPC, will submit a
consolidated report to the CAS Board
and the congressional defense
committees.
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Responsibilities.
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[Amended]
42. Amend section 232.7101—
a. In paragraph (b) by removing
‘‘Director, Defense Procurement and
Acquisition Policy (DPAP)’’ and adding
‘‘Principal Director, Defense Pricing and
Contracting (DPC)’’ in its place; and
■ b. In paragraph (c) by removing
‘‘Director, DPAP’’ and adding ‘‘Principal
Director, DPC’’ in its place.
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PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
43. Add section 236.211 to read as
follows:
■
236.211 Distribution of advance notices
and solicitations.
See PGI 236.211 for instructions on
reporting data for definitization of
requests for equitable adjustment.
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
242.602
[Amended]
44. Amend section 242.602 in
paragraph (c)(2) by removing ‘‘Director
of Defense Procurement and Acquisition
Policy’’ and adding ‘‘Principal Director,
Defense Pricing and Contracting’’ in its
place.
■
(a) The Principal Director, Defense
Pricing and Contracting (DPC), Office of
the Under Secretary of Defense
(Acquisition and Sustainment)
(OUSD(A&S)DPC) is responsible for
ensuring uniform administration of DoD
contract financing, including DoD
contract financing policies and
important related procedures. Agency
discretion under FAR part 32 is at the
DoD level and is not delegated to the
departments and agencies. Proposals by
the departments and agencies, to
exercise agency discretion, shall be
submitted to OUSD(A&S)DPC.
(b) Departments and agencies are
responsible for their day-to-day contract
financing operations. Refer specific
cases involving financing policy or
important procedural issues to
OUSD(A&S)DPC for consideration
through the department/agency Contract
PO 00000
■
PART 243—CONTRACT
MODIFICATIONS
45. Amend section 243.204–70–1 by
revising paragraph (b) to read as follows:
■
243.204–70–1
*
Scope.
*
*
*
*
(b) Unpriced change orders for foreign
military sales and special access
programs are not subject to this section,
but the contracting officer shall apply
the policy and procedures to them to the
maximum extent practicable. If the
contracting officer determines that it is
impracticable to adhere to the policy
and procedures of this section for an
E:\FR\FM\25OCR1.SGM
25OCR1
73238
Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Rules and Regulations
unpriced change order for a foreign
military sale or a special access
program, the contracting officer shall
provide prior notice, through agency
channels, to the Office of the Principal
Director, Defense Pricing and
Contracting (Contract Policy) via email
at osd.pentagon.ousd-a-s.mbx.asda-dpc-contractpolicy@mail.mil.
PART 249—TERMINATION OF
CONTRACTS
46. Amend section 249.7000 by
revising paragraph (a)(1) to read as
follows:
■
(a) * * *
(1) The Letter of Agreement (LOA)
between the Department of Defence
Production (Canada) and the U.S. DoD,
‘‘Canadian Agreement’’ (for a copy of
the LOA or for questions on its
currency, contact the Office of the
Principal Director, Defense Pricing and
Contracting (Contract Policy), at
osd.pentagon.ousd-a-s.mbx.asda-dp-ccontractpolicy@mail.mil;
*
*
*
*
*
PART 250—EXTRAORDINARY
CONTRACTUAL ACTIONS AND THE
SAFETY ACT
[Amended]
47. Amend section 250.102–1–70 in
paragraph (b)(1) by removing ‘‘USD
(AT&L)’’ and adding ‘‘USD(A&S)’’ in its
place, and in paragraph (b)(2) by
removing ‘‘USD(AT&L)’’ and adding
‘‘USD(A&S)’’ in its place.
■
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7040
[Amended]
48. Amend section 252.225–7040—
a. By removing the clause date ‘‘(OCT
2015)’’; and adding ‘‘(OCT 2023)’’ in its
place; and
■ b. In paragraph (g)(1) of the clause by
removing ‘‘USD (AT&L)’’ and adding
‘‘the Under Secretary of Defense
(Acquisition and Sustainment)’’ in its
place.
■
lotter on DSK11XQN23PROD with RULES1
■
[FR Doc. 2023–23435 Filed 10–24–23; 8:45 am]
BILLING CODE 6001–FR–P
VerDate Sep<11>2014
15:56 Oct 24, 2023
Jkt 262001
Defense Federal Acquisition
Regulation Supplement: Prohibition on
Certain Procurements From the
Xinjiang Uyghur Autonomous Region
(DFARS Case 2023–D015)
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule. A
discussion of the comments is provided,
as follows:
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
1. Strong Support for the Rule
Comment: The respondent strongly
supported the interim rule. The
respondent noted that the rule helps to
preserve the United States’ global
leadership on human rights and protects
national security.
Response: DoD acknowledges the
support for the rule.
Defense Acquisition Regulations
System
48 CFR Parts 212, 225, and 252
[Docket DARS–2023–0022]
AGENCY:
249.7000 Terminated contracts with
Canadian Commercial Corporation.
250.102–1–70
RIN 0750–AL88
to determine that forced labor from
XUAR will not be used in performance
of a contract resulting from the
solicitation.
One respondent submitted public
comments in response to the interim
rule. The interim rule has been
converted to a final rule, without
change.
DEPARTMENT OF DEFENSE
DoD is adopting as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement a section of the
National Defense Authorization Act for
Fiscal Year 2023 that prohibits the use
of funds to knowingly procure any
products mined, produced, or
manufactured wholly or in part by
forced labor from the Xinjiang Uyghur
Autonomous Region of the People’s
Republic of China.
DATES: Effective October 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Kimberly Bass, telephone 703–717–
3446.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD published an interim rule in the
Federal Register at 87 FR 76980 on
December 16, 2022, to implement
section 848 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) FY 2022 (Pub. L. 117–81).
DoD subsequently published an interim
rule in the Federal Register at 88 FR
37794 on June 9, 2023, to implement
section 855 of the NDAA for FY 2023
(Pub. L. 117–263). Section 855 repealed
section 848 of the NDAA for FY 2022,
including the requirement for a
certification from offerors for contracts
with DoD stating the offeror has made
a good faith effort to determine that
forced labor from the Xinjiang Uyghur
Autonomous Region of the People’s
Republic of China (XUAR) was not or
will not be used in the performance of
a contract. Section 855 requires offerors
or awardees of a DoD contract to make
a good faith effort to determine that
forced labor from XUAR will not be
used in performance of a DoD contract.
The interim rule required offerors to
represent, by submission of an offer,
that they have made a good faith effort
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
2. Supply Chain
Comment: The respondent relayed
concerns regarding implementation of
the interim rule that requires offerors to
make a good faith effort to gain full
knowledge of their entire supply chain,
including the procurement of
commercial items and components. The
respondent noted the Chinese economy
can be opaque and further conveyed it
can be difficult for prime contractors to
obtain accurate supplier information,
especially if responses were required
within an accelerated timeframe.
Additionally, further down the supply
chain (i.e., subcontractors, vendors, and
other suppliers at all tiers), including for
the procurement of commercial items
and components, it can be exceedingly
difficult for prime contractors to obtain
accurate information.
Response: There are no exceptions to
the requirements that offerors or DoD
contractors make a good faith effort to
determine that forced labor from XUAR
will not be used in the performance of
the DoD contract. DoD has determined
to make this law applicable to contracts
for the acquisition of commercial
services and commercial products,
including commercially available offthe-shelf (COTS) items, in order to
promote the overarching public policy,
except products or services purchased
using the Governmentwide commercial
purchase card or the Standard Form
(SF) 44, Purchase Order-Invoice
Voucher.
3. Additional Definition
Comment: A respondent stated that in
the background information of the rule,
DoD should also define the term
E:\FR\FM\25OCR1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73234-73238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23435]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 202, 203, 205, 206, 207, 208, 209, 215, 217, 219,
222, 225, 230, 231, 232, 236, 242, 243, 249, 250, 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; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to make needed editorial changes resulting from a
section of the National Defense Authorization Act for Fiscal Year 2017
that made organizational changes within the Office of the Secretary of
Defense.
DATES: Effective October 30, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: Section 901 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328)
amended title 10, United States Code (U.S.C.) to strike 10 U.S.C. 133
and add two new sections 10 U.S.C. 133a, Under Secretary of Defense for
Research and Engineering; and 10 U.S.C. 133b, Under Secretary of
Defense for Acquisition and Sustainment, effective February 1, 2018.
This technical amendment provides editorial changes to fully align the
DFARS with the name redesignations necessitated by section 901(b) of
the NDAA for FY 2017 from Under Secretary of Defense for Acquisition,
Technology, and Logistics (USD(AT&L)) to Under Secretary of Defense for
Acquisition and Sustainment (USD(A&S)).
The DFARS has been incrementally updated to implement the section
901(b) name changes when publishing other final rules that included
these organizational references; however, this technical amendment is
needed to accomplish all remaining changes required. Concurrently, the
previously designated USD(AT&L) Defense Procurement and Acquisition
Policy office was changed to USD(A&S) Defense Pricing and Contracting,
and this change is included in this technical amendment. Certain
internet links and email addresses are updated and other minor edits
are made to add pointers to DFARS Procedures, Guidance, and
Information.
List of Subjects in 48 CFR Parts 201, 202, 203, 205, 206, 207, 208,
209, 215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243, 249,
250, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 202, 203, 205, 206, 207, 208, 209,
215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243, 249, 250, and
252 are amended as follows:
0
1. The authority citation for 48 CFR parts 201, 202, 203, 205, 206,
207, 208, 209, 215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243,
249, 250, and 252 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Revise section 201.105-3 to read as follows:
201.105-3 Copies.
The DFARS and the DFARS Procedures, Guidance, and Information (PGI)
are available at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/.
201.107 [Amended]
0
3. Amend section 201.107 in paragraph (2) by removing ``Under Secretary
of Defense (Acquisition, Technology, and Logistics)'' and adding
``Under Secretary of Defense (Acquisition and Sustainment)'' in its
place.
0
4. Amend section 201.201-1--
0
a. By revising paragraph (d)(i) introductory text;
0
b. In paragraph (d)(i)II by removing ``Recommendation'' and adding
``RECOMMENDATION'' in its place;
0
c. In paragraph (d)(i)III by removing ``Discussion'' and adding
``DISCUSSION'' in its place;
0
d. In paragraph (d)(i)IV by removing ``Collaterals'' and adding
``COLLATERALS'' in its place; and
0
e. By revising paragraph (d)(i)(V).
The revisions read as follows:
201.201-1 The two councils.
* * * * *
(d)(i) Departments and agencies process proposed revisions of FAR
or DFARS through channels to the Director
[[Page 73235]]
of the DAR Council. Process the proposed revision as a memorandum in
the following format, addressed to the Director, DAR Council via email
at [email protected].
* * * * *
V. DEVIATIONS: If a recommended revision of DFARS is a FAR
deviation, identify the deviation and include under separate TAB a
justification for the deviation that addresses the requirements of
201.402(2). The justification should be in the form of a memorandum for
the Principal Director, Defense Pricing and Contracting, Office of the
Under Secretary of Defense (Acquisition and Sustainment).
* * * * *
201.301 [Amended]
0
5. Amend section 201.301 in paragraph (b) by removing ``Under Secretary
of Defense (Acquisition, Technology, and Logistics) (USD(AT&L))'' and
adding ``Under Secretary of Defense (Acquisition and Sustainment)
(USD(A&S))'' in its place.
0
6. Amend section 201.304--
0
a. In paragraph (1)(i) introductory text by removing ``USD (AT&L)'' and
adding ``USD(A&S)'' in its place;
0
b. By revising paragraph (1)(ii);
0
c. In paragraph (2)(ii) by removing ``USD(AT&L)'' and adding
``USD(A&S)'' in its place;
0
d. In paragraph (4) by removing ``OUSD(AT&L)DPAP'' and adding
``USD(A&S)DPC'' in its place;
0
e. In paragraph (5) by removing ``USD(AT&L)'' and ``OUSD(AT&L)DPAP''
and adding ``USD(A&S)'' and ``OUSD(A&S)DPC'' in their places,
respectively; and
0
f. By revising paragraph (6).
The revisions read as follows:
201.304 Agency control and compliance procedures.
* * * * *
(1) * * *
(ii) Except as provided in paragraph (2) of this section, the
USD(A&S) has delegated authority to the Principal Director, Defense
Pricing and Contracting (DPC) to approve or disapprove the policies,
procedures, clauses, and forms subject to paragraph (1)(i) of this
section.
* * * * *
(6) The Principal Director, DPC publishes changes to the DFARS in
the Federal Register at https://www.federalregister.gov and on the DPC
website at https://www.acq.osd.mil/dpap/dars/change_notices.html. Each
change includes an effective date. Unless guidance accompanying a
change states otherwise, contracting officers must include any new or
revised clauses, provisions, or forms in solicitations issued on or
after the effective date of the change.
0
7. Amend section 201.402 by--
0
a. Revising paragraph (1) introductory text;
0
b. Amending paragraph (1)(ii) by removing ``Subpart'' and adding
``subpart'' in its place wherever it appears; and
0
c. Revising paragraph (2) introductory text.
The revisions read as follows:
201.402 Policy.
(1) The Principal Director, Defense Pricing and Contracting (DPC),
Office of the Under Secretary of Defense (Acquisition and Sustainment)
(OUSD(A&S)DPC), is the approval authority within DoD for any individual
or class deviation from--
* * * * *
(2) Submit requests for deviation approval through department/
agency channels to the approval authority in paragraph (1) of this
section, 201.403, or 201.404, as appropriate. Submit deviations that
require OUSD(A&S)DPC approval through the Director of the DAR Council
via email at [email protected]. At a minimum,
each request must--
* * * * *
201.404 [Amended]
0
8. Amend section 201.404 in paragraph (b)(i) by removing
``OUSD(AT&L)DPAP'' and adding ``OUSD(A&S)DPC'' in its place.
* * * * *
PART 202--DEFINITIONS OF WORDS AND TERMS
0
9. Amend section 202.101--
0
a. In the definition of ``Departments and agencies'' by removing ``the
Marine Corps is a part of the Department of the Navy'' and adding ``the
Marine Corps is a part of the Department of the Navy, and the Space
Force is a part of the Air Force'' in its place and removing ``the
Space Development Agency,'';
0
b. In the definition of ``Head of the agency'' by removing ``Under
Secretary of Defense (Acquisition, Technology, and Logistics), and the
Director of Defense Procurement and Acquisition Policy'' and adding
``Under Secretary of Defense (Acquisition and Sustainment), and the
Principal Director, Defense Pricing and Contracting'' in its place;
0
c. In the definition of ``Procedures, Guidance, and Information (PGI)''
in paragraph (4) by removing ``electronically at https://
www.acq.osd.mil/dpap/dars/index.htm'' and adding ``at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/'' in its place;
and
0
d. By revising the definition of ``Senior procurement executive''.
The revision reads as follows:
202.101 Definitions.
* * * * *
Senior procurement executive means, for DoD--
(1) Department of Defense (including the defense agencies)--Under
Secretary of Defense (Acquisition and Sustainment);
(2) Department of the Army--Assistant Secretary of the Army
(Acquisition, Logistics and Technology);
(3) Department of the Navy--Assistant Secretary of the Navy
(Research, Development and Acquisition);
(4) Department of the Air Force--Assistant Secretary of the Air
Force (Acquisition); and
(5) The directors of the defense agencies have been delegated
authority to act as senior procurement executive for their respective
agencies, except for such actions that by terms of statute, or any
delegation, must be exercised by the Under Secretary of Defense
(Acquisition and Sustainment).
* * * * *
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLITS OF
INTEREST
203.703 [Amended]
0
10. Amend section 203.703 by removing ``Under Secretary of Defense
(Acquisition, Technology, and Logistics)'' and adding ``Under Secretary
of Defense (Acquisition and Sustainment)'' in its place.
PART 205--PUBLICIZING CONTRACT ACTIONS
0
11. Revise section 205.205 to read as follows:
205.205 Special situations.
See PGI 205.205 for instructions on the solicitation notice
regarding timely definitization of equitable adjustments for change
orders under construction contracts.
205.303 [Amended]
0
12. Amend section 205.303 in paragraph (a)(ii)(A) by removing ``Office
of the Assistant Secretary of Defense (Public Affairs)'' and adding
``Office of the Assistant to the Secretary of Defense for Public
Affairs'' in its place.
[[Page 73236]]
PART 206--COMPETITION REQUIREMENTS
206.302-5 [Amended]
0
13. Amend section 206.302-5 in paragraph (c)(i)(B) by removing
``Director of Defense Procurement and Acquisition Policy, Office of the
Under Secretary of Defense (Acquisition, Technology, and Logistics)''
and adding ``Principal Director, Defense Pricing and Contracting,
Office of the Under Secretary of Defense (Acquisition and
Sustainment)'' in its place.
206.304 [Amended]
0
14. Amend section 206.304 in paragraph (a)(4) introductory text by
removing ``Under Secretary of Defense (Acquisition, Technology, and
Logistics)'' and adding ``Under Secretary of Defense (Acquisition and
Sustainment)'' in its place.
PART 207--ACQUISITION PLANNING
207.106 [Amended]
0
15. Amend section 207.106 in paragraph (S-73) by removing
``Undersecretary of Defense for Acquisition, Technology, and Logistics
(USD (AT&L)) and ``USD (AT&L)'' and adding ``Under Secretary of Defense
for Acquisition and Sustainment (USD(A&S))'' and ``USD(A&S)'' in their
places, respectively.
PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES
208.7002 [Amended]
0
16. Amend section 208.7002 in paragraphs (a)(1) and (2) and paragraph
(b) by removing ``Deputy Under Secretary of Defense (Logistics)'' and
adding ``Deputy Assistant Secretary of Defense (Logistics)'' in its
place.
PART 209--CONTRACTOR QUALIFICATIONS
209.406-2 [Amended]
0
17. Amend section 209.406-2 in paragraph (1)(ii) by removing ``Director
of Defense Procurement and Acquisition Policy'' and adding ``Principal
Director, Defense Pricing and Contracting,'' in its place.
209.570-2 [Amended]
0
18. Amend section 209.570-2 in paragraph (c)(2) by removing ``Under
Secretary of Defense for Acquisition, Technology, and Logistics. (Also
see 209.570-3(b).)'' and adding ``Under Secretary of Defense for
Acquisition and Sustainment. Also, see 209.570-3(b).'' in its place.
PART 215--CONTRACTING BY NEGOTIATION
215.403-1 [Amended]
0
19. Amend section 215.403-1 in paragraph (c)(4)(B) by removing
``Director, Defense Pricing and Contracting, Pricing and Contracting
Initiatives (DPC/PCI)'' and adding ``Office of the Principal Director,
Defense Pricing and Contracting, (Price, Cost and Finance)'' in its
place.
0
20. Add section 215.406 to read as follows:
215.406 Documentation.
0
21. Add section 215.406-2 to read as follows:
215.406-2 Certificate of current cost or pricing data.
See PGI 215.406-2 for additional information and guidance on
Certificates of Current Cost or Pricing Data.
PART 217--SPECIAL CONTRACTING METHODS
217.7405 [Amended]
0
22. Amend section 217.7405 in paragraph (b) by removing ``Office of the
Director, Defense Procurement and Acquisition Policy'' and adding
``Office of the Principal Director, Defense Pricing and Contracting
(Contract Policy) at [email protected]'' in its place.
PART 219--SMALL BUSINESS PROGRAMS
219.800 [Amended]
0
23. Amend section 219.800 in paragraph (a) by removing ``Under
Secretary of Defense (Acquisition, Technology, and Logistics)'' and
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in
its place.
PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
222.1403 [Amended]
0
24. Amend section 222.1403 in paragraph (c)(i) by removing ``Under
Secretary of Defense for Acquisition'' and adding ``Assistant Secretary
of Defense for Acquisition'' in its place.
PART 225--FOREIGN ACQUISITION
225.103 [Amended]
0
25. Amend section 225.103 in paragraph (a)(i)(B) by removing ``Under
Secretary of Defense (Acquisition, Technology, and Logistics)'' and
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in
its place.
0
26. Amend section 225.401 by revising paragraph (a)(2)(A) introductory
text to read as follows:
225.401 Exceptions.
(a) * * *
(2) * * *
(A) If a department or agency considers an individual acquisition
of a product to be indispensable for national security or national
defense purposes and appropriate for exclusion from the provisions of
FAR subpart 25.4, it may submit a request with supporting rationale to
the Principal Director, Defense Pricing and Contracting (DPC), Office
of the Under Secretary of Defense (Acquisition and Sustainment)
(OUSD(A&S)DPC). Approval by OUSD(A&S)DPC is not required if--
* * * * *
225.403 [Amended]
0
27. Amend section 225.403 in paragraph (c)(ii) introductory text by
removing ``Director of Defense Procurement and Acquisition Policy'' and
adding ``Principal Director, Defense Pricing and Contracting'' in its
place.
225.770-5 [Amended]
0
28. Amend section 225.770-5 in paragraph (c)(1) by removing ``Director
of Defense Procurement and Acquisition Policy'' and adding ``Principal
Director, Defense Pricing and Contracting'' in its place.
225.871-5 [Amended]
0
29. Amend section 225.871-5--
0
a. In the section heading by removing ``Subcontracting'' and adding
``subcontracting'' in its place; and
0
b. In paragraph (a) by removing ``Director of Defense Procurement and
Acquisition Policy'' and adding ``Principal Director, Defense Pricing
and Contracting'' in its place.
225.871-7 [Amended]
0
30. Amend section 225.871-7 in paragraph (a)(1) by removing ``Director
of Defense Procurement and Acquisition Policy'' and adding ``Principal
Director, Defense Pricing and Contracting'' in its place.
225.872-2 [Amended]
0
31. Amend section 225.872-2 in paragraph (a)(2)(ii) by removing
``Deputy Under Secretary of Defense (Industrial Affairs)'' and adding
``Deputy Assistant Secretary of Defense for Industrial Base Policy'' in
its place.
[[Page 73237]]
225.872-3 [Amended]
0
32. Amend section 225.872-3 in paragraph (e)(4) by removing ``Under
Secretary of Defense (Acquisition, Technology, and Logistics)'' and
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in
its place.
0
33. Amend section 225.872-5 by revising paragraph (a) to read as
follows:
225.872-5 Contract administration.
(a) Arrangements exist with some qualifying countries to provide
reciprocal contract administration services. Some arrangements are at
no cost to either government. To determine whether such an arrangement
has been negotiated and what contract administration functions are
covered, contact the Office of the Principal Director, Defense Pricing
and Contracting (Contract Policy) via email at [email protected].
* * * * *
225.7002-2 [Amended]
0
34. Amend section 225.7002-2 in paragraph (b)(1)(i) by removing ``Under
Secretary of Defense (Acquisition, Technology, and Logistics)'' and
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in
its place.
225.7003-3 [Amended]
0
35. In section 225.7003-3 amend paragraph (b)(2)(ii) by removing
``Director, Defense Procurement and Acquisition Policy'' and adding
``Principal Director, Defense Pricing and Contracting'' in its place.
PART 230--COST ACCOUNTING STANDARDS ADMINISTRATION
0
36. Add section 230.201 to read as follows:
230.201 Contract requirements.
0
37. Amend section 230.201-5 by revising paragraph (a)(1)(A)
introductory text, paragraph (a)(1)(B), and paragraph (e) to read as
follows:
230.201-5 Waiver.
(a) * * *
(1) * * *
(A) The military departments and the Principal Director, Defense
Pricing and Contracting (DPC), Office of the Under Secretary of Defense
(Acquisition and Sustainment)--
* * * * *
(B) Follow the procedures at PGI 230.201-5(a)(1) for submitting
waiver requests to the Principal Director, DPC.
* * * * *
(e) By November 30th of each year, the military departments shall
provide a report to the Office of the Principal Director, DPC (Contract
Policy) of all waivers granted under FAR 30.201-5(a), during the
previous fiscal year, for any contract, subcontract, or modification
expected to have a value of $15 million or more. See PGI 230.201-5(e)
for format and guidance for the report. The Principal Director, DPC,
will submit a consolidated report to the CAS Board and the
congressional defense committees.
PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES
231.205-70 [Amended]
0
38. Amend section 231.205-70 in paragraph (c)(4)(ii)(A) by removing
``Under Secretary of Defense (Acquisition, Technology, and Logistics)''
and adding ``Under Secretary of Defense (Acquisition and Sustainment)''
in its place.
PART 232--CONTRACT FINANCING
232.006-5 [Amended]
0
39. Amend section 232.006-5 by removing ``Departments and agencies''
and ``Under Secretary of Defense (Acquisition, Technology, and
Logistics), through the Director of Defense Procurement and Acquisition
Policy'' and adding ``Departments and agencies,'' and ``Under Secretary
of Defense (Acquisition and Sustainment) through the Principal
Director, Defense Pricing and Contracting'' in their places,
respectively.
0
40. Amend section 232.070 by revising paragraphs (a) and (b) to read as
follows:
232.070 Responsibilities.
(a) The Principal Director, Defense Pricing and Contracting (DPC),
Office of the Under Secretary of Defense (Acquisition and Sustainment)
(OUSD(A&S)DPC) is responsible for ensuring uniform administration of
DoD contract financing, including DoD contract financing policies and
important related procedures. Agency discretion under FAR part 32 is at
the DoD level and is not delegated to the departments and agencies.
Proposals by the departments and agencies, to exercise agency
discretion, shall be submitted to OUSD(A&S)DPC.
(b) Departments and agencies are responsible for their day-to-day
contract financing operations. Refer specific cases involving financing
policy or important procedural issues to OUSD(A&S)DPC for consideration
through the department/agency Contract Finance Committee members (also
see subpart 201.4 for deviation request and approval procedures).
* * * * *
232.611 [Amended]
0
41. Amend section 232.611 in paragraph (a) introductory text by
removing ``The Director of Defense Procurement and Acquisition Policy,
Office of the Under Secretary of Defense (Acquisition, Technology, and
Logistics)'' and adding ``The Principal Director, Defense Pricing and
Contracting, Office of the Under Secretary of Defense (Acquisition and
Sustainment)'' in its place.
232.7101 [Amended]
0
42. Amend section 232.7101--
0
a. In paragraph (b) by removing ``Director, Defense Procurement and
Acquisition Policy (DPAP)'' and adding ``Principal Director, Defense
Pricing and Contracting (DPC)'' in its place; and
0
b. In paragraph (c) by removing ``Director, DPAP'' and adding
``Principal Director, DPC'' in its place.
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
43. Add section 236.211 to read as follows:
236.211 Distribution of advance notices and solicitations.
See PGI 236.211 for instructions on reporting data for
definitization of requests for equitable adjustment.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.602 [Amended]
0
44. Amend section 242.602 in paragraph (c)(2) by removing ``Director of
Defense Procurement and Acquisition Policy'' and adding ``Principal
Director, Defense Pricing and Contracting'' in its place.
PART 243--CONTRACT MODIFICATIONS
0
45. Amend section 243.204-70-1 by revising paragraph (b) to read as
follows:
243.204-70-1 Scope.
* * * * *
(b) Unpriced change orders for foreign military sales and special
access programs are not subject to this section, but the contracting
officer shall apply the policy and procedures to them to the maximum
extent practicable. If the contracting officer determines that it is
impracticable to adhere to the policy and procedures of this section
for an
[[Page 73238]]
unpriced change order for a foreign military sale or a special access
program, the contracting officer shall provide prior notice, through
agency channels, to the Office of the Principal Director, Defense
Pricing and Contracting (Contract Policy) via email at
[email protected].
PART 249--TERMINATION OF CONTRACTS
0
46. Amend section 249.7000 by revising paragraph (a)(1) to read as
follows:
249.7000 Terminated contracts with Canadian Commercial Corporation.
(a) * * *
(1) The Letter of Agreement (LOA) between the Department of Defence
Production (Canada) and the U.S. DoD, ``Canadian Agreement'' (for a
copy of the LOA or for questions on its currency, contact the Office of
the Principal Director, Defense Pricing and Contracting (Contract
Policy), at [email protected];
* * * * *
PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT
250.102-1-70 [Amended]
0
47. Amend section 250.102-1-70 in paragraph (b)(1) by removing ``USD
(AT&L)'' and adding ``USD(A&S)'' in its place, and in paragraph (b)(2)
by removing ``USD(AT&L)'' and adding ``USD(A&S)'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7040 [Amended]
0
48. Amend section 252.225-7040--
0
a. By removing the clause date ``(OCT 2015)''; and adding ``(OCT
2023)'' in its place; and
0
b. In paragraph (g)(1) of the clause by removing ``USD (AT&L)'' and
adding ``the Under Secretary of Defense (Acquisition and Sustainment)''
in its place.
[FR Doc. 2023-23435 Filed 10-24-23; 8:45 am]
BILLING CODE 6001-FR-P
