80 FR 10389 - Defense Federal Acquisition Regulation Supplement: Deletion of Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case 2015-D002)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 38 (February 26, 2015)

Page Range		10389-10390
FR Document		2015-03856

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete obsolete text relating to acquisition of commercial items.

Federal Register, Volume 80 Issue 38 (Thursday, February 26, 2015)

[Federal Register Volume 80, Number 38 (Thursday, February 26, 2015)]
[Rules and Regulations]
[Pages 10389-10390]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03856]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 212

RIN 0750-AI50


Defense Federal Acquisition Regulation Supplement: Deletion of 
Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case 
2015-D002)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to delete obsolete text 
relating to acquisition of commercial items.

DATES: Effective February 26, 2015.

FOR FURTHER INFORMATION CONTACT: Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    On March 12, 2012, the DFARS was amended to implement a 
recommendation made by the Panel on Contracting Integrity and included 
in its 2009 Report to Congress concerning compliance with the DFARS 
documentation requirements for commercial item determinations. DFARS 
subpart 212.1 was revised to require the contracting officer to 
determine that an acquisition exceeding $1 million and using FAR part 
12 procedures either meets the commercial item definition at FAR 2.101 
or the criteria at FAR 12.102(g)(1). The DFARS reference to FAR 
12.102(g)(1), however, is no longer necessary since the FAR criteria 
only apply to contracts and task orders entered on or before November 
24, 2013. Accordingly, DFARS 212.102(a)(i)(A) is being revised to 
remove the statement ``or meets the criteria at FAR 12.102(g)(1)''.
    On November 1, 2004, DFARS subpart 212.70 was amended to implement 
section 847 of the National Defense Authorization Act for Fiscal Year 
2004, which authorized DoD to carry out a pilot program that permitted 
the use of streamlined contracting procedures for the production of 
items or processes begun as prototype projects under other transaction 
agreements. Since the authority for this program expired on September 
30, 2010, the associated text at DFARS subpart 212.70 is being removed.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation,

[[Page 10390]]

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 only 
deletes from the DFARS obsolete authorities for a program that expired 
September 30, 2010, and removes an outdated reference to the FAR. As 
such, these DFARS updates have no significant effect beyond the 
internal operating procedures of the Government and do not impose a 
significant cost or administrative impact on contractors or offerors.

III. 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. This rule is not a major rule 
under 5 U.S.C. 804.

IV. 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.

V. Paperwork Reduction Act

    The 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 212

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 212 is amended as follows:

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
1. The authority citation for 48 CFR part 212 continues to read as 
follows:

    Authority: 41 U.S.C. 1303 and 48 CFR Chapter 1.

212.102  [Amended]

0
2. Amend section 212.102, paragraph (a)(i)(A) by removing the phrase 
``or meets the criteria at FAR 12.102(g)(1)''.

Subpart 212.70 [Removed and Reserved]

0
3. Remove and reserve subpart 212.70 (consisting of sections 212.7000, 
212.7001, 212.7002, 212.7002-1, 212.7002-2, 212.7002-3, and 212.7003).

[FR Doc. 2015-03856 Filed 2-25-15; 8:45 am]
BILLING CODE 5001-06-P

Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations 10389

Toledo or any
point on Lake
Southeast Detroit Pilot
Any point on or in Erie west of Detroit River St. Clair River
Shoal Boat
Southeast
Shoal

Toledo or any port on Lake Erie west of Southeast Shoal $2,637 $1,559 $3,424 $2,637 N/A
Port Huron Change Point .................................................... 1 4,594 1 5,321 3,451 2,685 1,909
St. Clair River ....................................................................... 1 4,594 N/A 3,451 3,451 1,559
Detroit or Windsor or the Detroit River ................................ 2,637 3,424 1,559 N/A 3,451
Detroit Pilot Boat .................................................................. 1,909 2,637 N/A N/A 3,451
1 When pilots are not changed at the Detroit Pilot Boat.

■ 4. In § 401.410, revise paragraphs (a), (a) Area 6 (Undesignated Waters): Lakes Huron and
Service
(b), and (c) to read as follows: Michigan
Lakes Huron and
§ 401.410 Basic rates and charges on Service Docking or Undocking ...... 739
Michigan
Lakes Huron, Michigan, and Superior; and
the St. Mary’s River. 6-hour Period .................... $779
(b) Area 7 (Designated Waters):
* * * * *

Area De tour Gros cap Any harbor

Gros Cap ..................................................................................................................................... $2,913 N/A N/A
Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ................................................... 2,913 $1,097 N/A
Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................ 2,441 1,097 N/A
Sault Ste. Marie, MI ..................................................................................................................... 2,441 1,097 N/A
Harbor Movage ............................................................................................................................ N/A N/A $1,097

(c) Area 8 (Undesignated Waters): DEPARTMENT OF DEFENSE DFARS subpart 212.1 was revised to
require the contracting officer to
Service Lake Superior Defense Acquisition Regulations determine that an acquisition exceeding
System $1 million and using FAR part 12
6-hour Period .................... $661 procedures either meets the commercial
Docking or Undocking ...... 628 48 CFR Part 212 item definition at FAR 2.101 or the
RIN 0750–AI50 criteria at FAR 12.102(g)(1). The DFARS
§ 401.420 [Amended] reference to FAR 12.102(g)(1), however,
Defense Federal Acquisition is no longer necessary since the FAR
■ 5. Amend § 401.420 as follows: Regulation Supplement: Deletion of criteria only apply to contracts and task
■ a. In paragraph (a), remove the text Obsolete Text Relating to Acquisition orders entered on or before November
‘‘$129’’ and add, in its place, the text of Commercial Items (DFARS Case 24, 2013. Accordingly, DFARS
‘‘$142’’; and remove the text ‘‘$2,021’’ 2015–D002) 212.102(a)(i)(A) is being revised to
and add, in its place, the text ‘‘$2,223’’; remove the statement ‘‘or meets the
AGENCY: Defense Acquisition criteria at FAR 12.102(g)(1)’’.
■ b. In paragraph (b), remove the text Regulations System, Department of
‘‘$129’’ and add, in its place, the text On November 1, 2004, DFARS subpart
Defense (DoD). 212.70 was amended to implement
‘‘$142’’; and remove the text ‘‘$2,021’’
ACTION: Final rule. section 847 of the National Defense
and add, in its place, the text ‘‘$2,223’’;
and SUMMARY: DoD is issuing a final rule Authorization Act for Fiscal Year 2004,
amending the Defense Federal which authorized DoD to carry out a
■ c. In paragraph (c)(1), remove the text
Acquisition Regulation Supplement pilot program that permitted the use of
‘‘$763’’ and add, in its place, the text
(DFARS) to delete obsolete text relating streamlined contracting procedures for
‘‘$839’’; in paragraph (c)(3), remove the
to acquisition of commercial items. the production of items or processes
text ‘‘$129’’ and add, in its place, the
begun as prototype projects under other
text ‘‘$142’’; and remove the text DATES: Effective February 26, 2015.
transaction agreements. Since the
‘‘$2,021’’ and add, in its place, the text FOR FURTHER INFORMATION CONTACT: authority for this program expired on
‘‘$2,223’’. Janetta Brewer, telephone 571–372– September 30, 2010, the associated text
6104. at DFARS subpart 212.70 is being
§ 401.428 [Amended]
SUPPLEMENTARY INFORMATION: removed.
■ 6. In § 401.428, remove the text II. Publication of This Final Rule for
I. Background
‘‘$763’’ and add, in its place, the text Public Comment Is Not Required by
‘‘$839’’. On March 12, 2012, the DFARS was
Statute
amended to implement a
rmajette on DSK2VPTVN1PROD with RULES

Dated: February 23, 2015.
recommendation made by the Panel on ‘‘Publication of proposed
Gary C. Rasicot, Contracting Integrity and included in its regulations’’, 41 U.S.C. 1707, is the
Director, Marine Transportation Systems, 2009 Report to Congress concerning statute which applies to the publication
U.S. Coast Guard. compliance with the DFARS of the Federal Acquisition Regulation.
[FR Doc. 2015–04036 Filed 2–25–15; 8:45 am] documentation requirements for Paragraph (a)(1) of the statute requires
BILLING CODE 9110–04–P commercial item determinations. that a procurement policy, regulation,

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10390 Federal Register / Vol. 80, No. 38 / Thursday, February 26, 2015 / Rules and Regulations

procedure or form (including an PART 212—ACQUISITION OF List of Subjects in 48 CFR Parts 218,
amendment or modification thereof) COMMERCIAL ITEMS 225, and 242
must be published for public comment
if it relates to the expenditure of ■ 1. The authority citation for 48 CFR Government procurement.
appropriated funds, and has either a part 212 continues to read as follows: Manuel Quinones,
significant effect beyond the internal Authority: 41 U.S.C. 1303 and 48 CFR Editor, Defense Acquisition Regulations
operating procedures of the agency Chapter 1. System.
issuing the policy, regulation, procedure
or form, or has a significant cost or 212.102 [Amended] Therefore, 48 CFR parts 218, 225, and
administrative impact on contractors or ■ 2. Amend section 212.102, paragraph 242 are amended as follows:
offerors. This final rule is not required
(a)(i)(A) by removing the phrase ‘‘or ■ 1. The authority citation for 48 CFR
to be published for public comment,
meets the criteria at FAR 12.102(g)(1)’’. parts 218, 225, and 242 continues to
because it only deletes from the DFARS
obsolete authorities for a program that read as follows:
Subpart 212.70 [Removed and
expired September 30, 2010, and Reserved] Authority: 41 U.S.C. 1303 and 48 CFR
removes an outdated reference to the chapter 1.
FAR. As such, these DFARS updates ■ 3. Remove and reserve subpart 212.70
have no significant effect beyond the (consisting of sections 212.7000, PART 218–EMERGENCY
internal operating procedures of the 212.7001, 212.7002, 212.7002–1, ACQUISITIONS
Government and do not impose a 212.7002–2, 212.7002–3, and 212.7003).
significant cost or administrative impact [FR Doc. 2015–03856 Filed 2–25–15; 8:45 am] ■ 2. Add section 218.272 to read as
on contractors or offerors. follows:
BILLING CODE 5001–06–P
III. Executive Orders 12866 and 13563
218.272 Use of electronic business tools.
Executive Orders (E.O.s) 12866 and
DEPARTMENT OF DEFENSE When supporting a contingency
13563 direct agencies to assess all costs
and benefits of available regulatory operation or humanitarian or
Defense Acquisition Regulations
alternatives and, if regulation is peacekeeping operation, follow the
System
necessary, to select regulatory procedures at PGI 218.272 concerning
approaches that maximize net benefits 48 CFR Parts 218, 225, and 242 the use of electronic business tools.
(including potential economic,
environmental, public health and safety Defense Federal Acquisition PART 225–FOREIGN ACQUISITION
effects, distributive impacts, and Regulation Supplement; Technical
equity). E.O. 13563 emphasizes the Amendments ■ 3. Add section 225.7405 to read as
importance of quantifying both costs follows:
and benefits, of reducing costs, of AGENCY: Defense Acquisition
harmonizing rules, and of promoting Regulations System, Department of 225.7405 Use of electronic business tools.
flexibility. This is not a significant Defense (DoD). See 218.272 concerning the use of
regulatory action and, therefore, was not ACTION: Final rule. electronic business tools in support of a
subject to review under section 6(b) of contingency operation or humanitarian
E.O. 12866, Regulatory Planning and SUMMARY: DoD is making technical
or peacekeeping operation.
Review, dated September 30, 1993. This amendments to the Defense Federal
rule is not a major rule under 5 U.S.C. Acquisition Regulation Supplement PART 242–CONTRACT
804. (DFARS) to provide needed editorial ADMINISTRATION AND AUDIT
changes.
IV. Regulatory Flexibility Act SERVICES
DATES: Effective February 26, 2015.
The Regulatory Flexibility Act does
not apply to this rule because this final FOR FURTHER INFORMATION CONTACT: Mr. ■ 4. Amend section 242.7502 by
rule does not constitute a significant Manuel Quinones, Defense Acquisition revising paragraph (g)(2) introductory
DFARS revision within the meaning of Regulations System, text to read as follows:
FAR 1.501–1, and 41 U.S.C. 1707 does OUSD(AT&L)DPAP(DARS), Room
3B941, 3060 Defense Pentagon, 242.7502 Policy.
not require publication for public
comment. Washington, DC 20301–3060. * * * * *
Telephone 571–372–6088; facsimile (g) * * *
V. Paperwork Reduction Act 571–372–6094.
The rule does not contain any (2) The contracting officer responsible
SUPPLEMENTARY INFORMATION: This final
information collection requirements that for negotiation of a proposal generated
rule amends the DFARS as follows: by an accounting system with an
require the approval of the Office of 1. Directs contracting officers to
Management and Budget under the identified deficiency shall evaluate
additional procedures and guidance by
Paperwork Reduction Act (44 U.S.C. whether the deficiency impacts the
adding a reference to DFARS
chapter 35). negotiations. See also PGI
Procedures, Guidance, and Information
242.7502(g)(2). If it does not, the
List of Subjects in 48 CFR Part 212 PGI 218.272 at DFARS 218.272. A cross
reference to DFARS 218.272 is also contracting officer should proceed with
rmajette on DSK2VPTVN1PROD with RULES

Government procurement. negotiations. If it does, the contracting
added at DFARS 225.7405.
Manuel Quinones, 2. Directs contracting officers to officer should consider other
Editor, Defense Acquisition Regulations additional procedures and guidance by alternatives, e.g.—
System. adding a reference to DFARS * * * * *
Therefore, 48 CFR part 212 is Procedures, Guidance, and Information [FR Doc. 2015–03858 Filed 2–25–15; 8:45 am]
amended as follows: PGI 242.7502 at DFARS 242.7502. BILLING CODE 5001–06–P

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Document Created: 2015-12-18 13:05:56
Document Modified: 2015-12-18 13:05:56

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective February 26, 2015.
Contact		Janetta Brewer, telephone 571-372- 6104.
FR Citation		80 FR 10389
RIN Number		0750-AI50

80 FR 10389 - Defense Federal Acquisition Regulation Supplement: Deletion of Obsolete Text Relating to Acquisition of Commercial Items (DFARS Case 2015-D002)

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 80, Issue 38 (February 26, 2015)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System