80_FR_36841 80 FR 36718 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

80 FR 36718 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 123 (June 26, 2015)

Page Range36718-36719
FR Document2015-15639

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36718-36719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15639]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 213, 217, 225, and 252


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 June 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106; 
facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
    1. Directs contracting officers to additional DFARS Procedures, 
Guidance, and Information (PGI) by adding references at--
     DFARS 201.301(b) to PGI 201.301(b);
     DFARS 201.304(4) to PGI 201.304(4);
     DFARS 201.304(5) to PGI 201.304(5); and
     DFARS 252.103 to PGI 252.103.
    2. Corrects a cross reference in DFARS 213.500-70.
    3. Removes a reference to DoDI 4000.19, Support Agreements, at 
DFARS 217.500, since the instruction (see paragraph 2.b.(1)) no longer 
applies to interagency assisted acquisitions.
    4. Updates an address at DFARS 225.870-4(a) for the Canadian 
Commercial Corporation.
    5. Removes an obsolete cross reference to PGI at DFARS 225.7002-
2(b)(4).
    6. Corrects two hyperlinks in DFARS clause 252.213-7000, Notice to 
Prospective Suppliers on Use of Past Performance Information Retrieval 
System--Statistical Reporting in Past Performance Evaluations.

List of Subjects in 48 CFR Parts 201, 213, 217, 225, and 252

    Government procurement.

Amy G. Williams,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 201, 213, 217, 225, and 252 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 201, 213, 217, 225, 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 201.301(b) to read as follows:


201.301  Policy.

* * * * *
    (b) When Federal Register publication is required for any policy, 
procedure, clause, or form, the department or agency requesting Under 
Secretary of Defense (Acquisition, Technology, and Logistics) 
(USD(AT&L)) approval for use of the policy, procedure, clause, or form 
(see 201.304(1)) must include an analysis of the public comments in the 
request for approval. Information on determining when a clause requires 
publication in the Federal Register and approval in accordance with 
201.304(1) is provided at PGI 201.301(b).

0
3. Revise section 201.304, paragraphs (4) and (5), to read as follows:


201.304  Agency control and compliance procedures.

* * * * *
    (4) Each department and agency must develop and, upon approval by 
OUSD(AT&L)DPAP, implement, maintain, and comply with a plan for 
controlling the use of clauses other than those prescribed by FAR or 
DFARS. Additional information on department and agency clause control 
plan requirements is available at PGI 201.304(4).
    (5) Departments and agencies must submit requests for the Secretary 
of Defense, USD(AT&L), and OUSD(AT&L)DPAP approvals required by this 
section through the Director of the DAR Council. Procedures for 
requesting approval of department and agency clauses are provided at 
PGI 201.304(5).
* * * * *

PART 213--SIMPLIFIED ACQUISITION PROCEDURES


213.500-70  [Amended]

0
4. Amend section 213.500-70 by removing ``PGI''.

PART 217--SPECIAL CONTRACTING METHODS


217.500  [Amended]

0
5. Amend section 217.500 by removing ``FAR Subpart 17.5, this subpart, 
and DoDI 4000.19 apply'' and adding ``FAR subpart 17.5 and this subpart 
apply'' in its place.

PART 225--FOREIGN ACQUISITION


225.870-4  [Amended]

0
6. Amend section 225.870-4 by removing ``11th Floor, 50 O'Connor 
Street, Ottawa, Ontario, Canada, K1A-0S6'' and adding ``350 Albert 
Street, Suite 700, Ottawa, ON K1R 1A4'' in its place.


225.7002-2  [Amended]

0
7. Amend section 225.7002-2 by removing paragraph (b)(4).

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
8. Add section 252.103 to subpart 252.1 to read as follows:


252.102  Identification of provisions and clauses.

    For guidance on numbering department or agency provisions and 
clauses, see PGI 252.103.


252.213-7000  [Amended]

0
9. Amend section 252.213-7000 by--
0
a. Removing the clause date ``(MAY 2015)'' and adding ``(JUN 2015)'' in 
its place;
0
b. In paragraph (d)--
0
i. Removing ``https://www.ppirs.gov/ppirsfiles/pdf/PPIRS-SR_UserMan.pdf''

[[Page 36719]]

and adding ``https://www.ppirs.gov/pdf/PPIRS-SR_UserMan.pdf'' in its 
place; and
0
ii. Removing ``http://www.ppirs.gov/ppirsfiles/reference.htm'' and 
adding ``https://www.ppirs.gov/pdf/PPIRS-SR_DataEvaluationCriteria.pdf'' in its place.

[FR Doc. 2015-15639 Filed 6-25-15; 8:45 am]
 BILLING CODE 5001-06-P



                                                  36718                Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations

                                                  must be made in advance and approved                      • DFARS 201.304(4) to PGI                            OUSD(AT&L)DPAP, implement,
                                                  by the Captain of Port before transits                  201.304(4);                                            maintain, and comply with a plan for
                                                  will be authorized. Approvals will be                     • DFARS 201.304(5) to PGI                            controlling the use of clauses other than
                                                  granted on a case by case basis. The                    201.304(5); and                                        those prescribed by FAR or DFARS.
                                                  Captain of the Port may be contacted via                  • DFARS 252.103 to PGI 252.103.                      Additional information on department
                                                  U.S. Coast Guard Sector Detroit on                        2. Corrects a cross reference in DFARS               and agency clause control plan
                                                  channel 16, VHF–FM. The Coast Guard                     213.500–70.                                            requirements is available at PGI
                                                  will give notice to the public via Local                  3. Removes a reference to DoDI                       201.304(4).
                                                  Notice to Mariners and VHF radio                        4000.19, Support Agreements, at DFARS                    (5) Departments and agencies must
                                                  broadcasts that the regulation is in                    217.500, since the instruction (see                    submit requests for the Secretary of
                                                  effect.                                                 paragraph 2.b.(1)) no longer applies to                Defense, USD(AT&L), and
                                                     This document is issued under                        interagency assisted acquisitions.                     OUSD(AT&L)DPAP approvals required
                                                  authority of 33 CFR 165.941 and 5                         4. Updates an address at DFARS                       by this section through the Director of
                                                  U.S.C. 552(a). If the Captain of the Port               225.870–4(a) for the Canadian                          the DAR Council. Procedures for
                                                  determines that any of these safety                     Commercial Corporation.                                requesting approval of department and
                                                  zones need not be enforced for the full                   5. Removes an obsolete cross                         agency clauses are provided at PGI
                                                  duration stated in this document, he or                 reference to PGI at DFARS 225.7002–                    201.304(5).
                                                  she may suspend such enforcement and                    2(b)(4).
                                                                                                            6. Corrects two hyperlinks in DFARS                  *     *     *     *    *
                                                  notify the public of the suspension via
                                                  a Broadcast Notice to Mariners.                         clause 252.213–7000, Notice to                         PART 213—SIMPLIFIED ACQUISITION
                                                                                                          Prospective Suppliers on Use of Past                   PROCEDURES
                                                    Dated: June 12, 2015.                                 Performance Information Retrieval
                                                  Raymond Negron,                                         System—Statistical Reporting in Past                   213.500–70       [Amended]
                                                  Commander, U.S. Coast Guard, Acting                     Performance Evaluations.                               ■ 4. Amend section 213.500–70 by
                                                  Captain of the Port Detroit.                                                                                   removing ‘‘PGI’’.
                                                  [FR Doc. 2015–15755 Filed 6–25–15; 8:45 am]
                                                                                                          List of Subjects in 48 CFR Parts 201,
                                                                                                          213, 217, 225, and 252                                 PART 217—SPECIAL CONTRACTING
                                                  BILLING CODE 9110–04–P
                                                                                                            Government procurement.                              METHODS
                                                                                                          Amy G. Williams,                                       217.500   [Amended]
                                                  DEPARTMENT OF DEFENSE                                   Editor, Defense Acquisition Regulations                ■ 5. Amend section 217.500 by
                                                                                                          System.                                                removing ‘‘FAR Subpart 17.5, this
                                                  Defense Acquisition Regulations                           Therefore, 48 CFR parts 201, 213, 217,               subpart, and DoDI 4000.19 apply’’ and
                                                  System                                                  225, and 252 are amended as follows:                   adding ‘‘FAR subpart 17.5 and this
                                                                                                          ■ 1. The authority citation for 48 CFR                 subpart apply’’ in its place.
                                                  48 CFR Parts 201, 213, 217, 225, and                    parts 201, 213, 217, 225, and 252
                                                  252                                                     continues to read as follows:                          PART 225—FOREIGN ACQUISITION

                                                  Defense Federal Acquisition                               Authority: 41 U.S.C. 1303 and 48 CFR                 225.870–4    [Amended]
                                                  Regulation Supplement; Technical                        chapter 1.                                             ■ 6. Amend section 225.870–4 by
                                                  Amendments                                                                                                     removing ‘‘11th Floor, 50 O’Connor
                                                                                                          PART 201—FEDERAL ACQUISITION
                                                                                                                                                                 Street, Ottawa, Ontario, Canada, K1A–
                                                  AGENCY:  Defense Acquisition                            REGULATIONS SYSTEM
                                                                                                                                                                 0S6’’ and adding ‘‘350 Albert Street,
                                                  Regulations System, Department of                       ■ 2. Revise section 201.301(b) to read as              Suite 700, Ottawa, ON K1R 1A4’’ in its
                                                  Defense (DoD).                                          follows:                                               place.
                                                  ACTION: Final rule.
                                                                                                          201.301    Policy.                                     225.7002–2       [Amended]
                                                  SUMMARY:  DoD is making technical                       *      *    *      *     *                             ■ 7. Amend section 225.7002–2 by
                                                  amendments to the Defense Federal                          (b) When Federal Register publication               removing paragraph (b)(4).
                                                  Acquisition Regulation Supplement                       is required for any policy, procedure,
                                                  (DFARS) to provide needed editorial                     clause, or form, the department or                     PART 252—SOLICITATION
                                                  changes.                                                agency requesting Under Secretary of                   PROVISIONS AND CONTRACT
                                                                                                          Defense (Acquisition, Technology, and                  CLAUSES
                                                  DATES:   Effective June 26, 2015.
                                                  FOR FURTHER INFORMATION CONTACT:     Ms.                Logistics) (USD(AT&L)) approval for use                ■ 8. Add section 252.103 to subpart
                                                  Amy G. Williams, Defense Acquisition                    of the policy, procedure, clause, or form              252.1 to read as follows:
                                                  Regulations System,                                     (see 201.304(1)) must include an
                                                                                                          analysis of the public comments in the                 252.102 Identification of provisions and
                                                  OUSD(AT&L)DPAP(DARS), Room                                                                                     clauses.
                                                  3B941, 3060 Defense Pentagon,                           request for approval. Information on
                                                  Washington, DC 20301–3060.                              determining when a clause requires                       For guidance on numbering
                                                  Telephone 571–372–6106; facsimile                       publication in the Federal Register and                department or agency provisions and
                                                  571–372–6094.                                           approval in accordance with 201.304(1)                 clauses, see PGI 252.103.
                                                                                                          is provided at PGI 201.301(b).
                                                  SUPPLEMENTARY INFORMATION: This final
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                          ■ 3. Revise section 201.304, paragraphs
                                                                                                                                                                 252.213–7000      [Amended]
                                                  rule amends the DFARS as follows:                       (4) and (5), to read as follows:                       ■ 9. Amend section 252.213–7000 by—
                                                    1. Directs contracting officers to                                                                           ■ a. Removing the clause date ‘‘(MAY
                                                  additional DFARS Procedures,                            201.304 Agency control and compliance                  2015)’’ and adding ‘‘(JUN 2015)’’ in its
                                                  Guidance, and Information (PGI) by                      procedures.                                            place;
                                                  adding references at—                                   *     *    *    *    *                                 ■ b. In paragraph (d)—
                                                    • DFARS 201.301(b) to PGI                               (4) Each department and agency must                  ■ i. Removing ‘‘https://www.ppirs.gov/
                                                  201.301(b);                                             develop and, upon approval by                          ppirsfiles/pdf/PPIRS-SR_UserMan.pdf’’


                                             VerDate Sep<11>2014   14:06 Jun 25, 2015   Jkt 235001   PO 00000   Frm 00026   Fmt 4700   Sfmt 4700   E:\FR\FM\26JNR1.SGM   26JNR1


                                                                       Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations                                               36719

                                                  and adding ‘‘https://www.ppirs.gov/pdf/                 (including potential economic,                         to small businesses on other than a
                                                  PPIRS-SR_UserMan.pdf’’ in its place;                    environmental, public health and safety                competitive fixed-price basis.
                                                  and                                                     effects, distributive impacts, and                     Estimating 3 awards per small business,
                                                  ■ ii. Removing ‘‘http://www.ppirs.gov/                  equity). E.O. 13563 emphasizes the                     that could involve about 2,600 small
                                                  ppirsfiles/reference.htm’’ and adding                   importance of quantifying both costs                   businesses. However, this rule would
                                                  ‘‘https://www.ppirs.gov/pdf/PPIRS-SR_                   and benefits, of reducing costs, of                    only affect a contractor if a contractor
                                                  DataEvaluationCriteria.pdf’’ in its place.              harmonizing rules, and of promoting                    employee commenced a proceeding by
                                                  [FR Doc. 2015–15639 Filed 6–25–15; 8:45 am]             flexibility. This is a significant                     submitting a complaint under 10 U.S.C.
                                                  BILLING CODE 5001–06–P
                                                                                                          regulatory action and, therefore, was                  2409, and if that proceeding resulted in
                                                                                                          subject to review under section 6(b) of                any of the circumstances listed at FAR
                                                                                                          E.O. 12866, Regulatory Planning and                    31.205–47(b). DoD does not have data
                                                  DEPARTMENT OF DEFENSE                                   Review, dated September 30, 1993. This                 on the percentage of contracts that
                                                                                                          rule is not a major rule under 5 U.S.C.                involve submission of a whistleblower
                                                  Defense Acquisition Regulations                         804.                                                   complaint and result in any of the
                                                  System                                                  IV. Regulatory Flexibility Act                         circumstances listed at FAR 31.205–
                                                                                                                                                                 47(b).
                                                  48 CFR Parts 216 and 252                                   DoD does not expect this final rule to                 There are no projected reporting,
                                                                                                          have a significant economic impact on                  recordkeeping, and other compliance
                                                  RIN 0750–AI04                                           a substantial number of small entities                 requirements of the rule.
                                                                                                          within the meaning of the Regulatory                      DoD was unable to identify any
                                                  Defense Federal Acquisition
                                                                                                          Flexibility Act, 5 U.S.C. 601, et seq.,                alternatives to the rule that would
                                                  Regulation Supplement: Allowability of
                                                                                                          because most contracts awarded to                      reduce the impact on small entities and
                                                  Legal Costs for Whistleblower
                                                                                                          small entities are awarded on a                        still meet the requirements of the
                                                  Proceedings (DFARS Case 2013–D022)                      competitive fixed-price basis, and do                  statute.
                                                  AGENCY:  Defense Acquisition                            not require application of the cost
                                                  Regulations System, Department of                       principles contained in this rule.                     V. Paperwork Reduction Act
                                                  Defense (DoD).                                          However, a final regulatory flexibility                  The rule does not contain any
                                                  ACTION: Final rule.                                     analysis has been performed and is                     information collection requirements that
                                                                                                          summarized as follows:                                 require the approval of the Office of
                                                  SUMMARY:  DoD has adopted as final,                        The reason for the action is to                     Management and Budget under the
                                                  without change, an interim rule that                    implement section 827(g) of the                        Paperwork Reduction Act (44 U.S.C.
                                                  amended the Defense Federal                             National Defense Authorization Act for                 chapter 35).
                                                  Acquisition Regulation Supplement                       Fiscal Year (FY) 2013 (Pub. L. 113–239).
                                                  (DFARS) to implement a section of the                   Section 827(g) expands the cost                        List of Subjects in 48 CFR Parts 216 and
                                                  National Defense Authorization Act for                  principle at 10 U.S.C. 2324(k) to apply                252
                                                  Fiscal Year 2013 that addresses the                     the cost principle on allowability of                      Government procurement.
                                                  allowability of legal costs incurred by a               costs related to legal and other
                                                  contractor related to whistleblower                     proceedings to costs incurred by                       ■ Accordingly, the interim rule
                                                  proceedings.                                            contractors in proceedings commenced                   amending 48 CFR parts 216 and 252,
                                                                                                          by a contractor employee submitting a                  which was published at 78 FR 59859 on
                                                  DATES:   Effective June 26, 2015.                       complaint under 10 U.S.C. 2409                         September 30, 2013, is adopted as a
                                                  FOR FURTHER INFORMATION CONTACT:               Ms.      (whistleblowing), and include as                       final rule without change.
                                                  Amy Williams, telephone 571–372–                        specifically unallowable, legal costs of a             Amy G. Williams,
                                                  6106.                                                   proceeding that results in an order to                 Editor, Defense Acquisition Regulations
                                                  SUPPLEMENTARY INFORMATION:                              take corrective action under 10 U.S.C.                 System.
                                                                                                          2409.                                                  [FR Doc. 2015–15665 Filed 6–25–15; 8:45 am]
                                                  I. Background                                              The objective of the rule is to enhance
                                                                                                                                                                 BILLING CODE 5001–06–P
                                                    DoD published an interim rule in the                  whistleblower protections for contractor
                                                  Federal Register on September 30, 2013                  employees. The legal basis for the rule
                                                  (78 FR 59859). This interim rule revised                is 10 U.S.C. 2324(k).
                                                  DFARS subparts 216.3 and added a new                       There were no public comments in                    NATIONAL AERONAUTICS AND
                                                  clause at 252.216–7009 to implement                     response to the initial regulatory                     SPACE ADMINISTRATION
                                                  paragraphs (g) and (i) of section 827 of                flexibility analysis.
                                                  the National Defense Authorization Act                     Most contracts awarded on a fixed-                  48 CFR Parts 1801, 1802, 1805, 1807,
                                                  for Fiscal Year 2013 (Pub. L. 112–239).                 price competitive basis do not require                 1812, 1813, 1823, 1833, 1836, 1847,
                                                                                                          application of the cost principles. Most               1850 and 1852
                                                  II. Discussion and Analysis                             contracts valued at or below the
                                                                                                          simplified acquisition threshold are                   RIN 2700–AE19
                                                    No public comments were received in
                                                  response to the interim rule. The                       awarded on a fixed-price competitive
                                                                                                                                                                 NASA FAR Supplement Regulatory
                                                  interim rule is converted to a final rule               basis. Requiring submission of certified
                                                                                                                                                                 Review No. 3
                                                  without change.                                         cost or pricing data for acquisitions that
                                                                                                          do not exceed the simplified acquisition
wreier-aviles on DSK5TPTVN1PROD with RULES




                                                                                                                                                                 AGENCY:  National Aeronautics and
                                                  III. Executive Orders 12866 and 13563                   threshold is prohibited (FAR 15.403–                   Space Administration.
                                                     Executive Orders (E.O.s) 12866 and                   4(a)(2)). According to Federal                         ACTION: Final rule.
                                                  13563 direct agencies to assess all costs               Procurement Data System data for FY
                                                  and benefits of available regulatory                    2012, there were 48,115 new DoD                        SUMMARY:  NASA adopts a final rule
                                                  alternatives and, if regulation is                      contract awards over the simplified                    amending the NASA FAR Supplement
                                                  necessary, to select regulatory                         acquisition threshold in FY 2012. Of                   with the goal of eliminating unnecessary
                                                  approaches that maximize net benefits                   those contracts, only 6,760 awards were                regulation, streamlining burdensome


                                             VerDate Sep<11>2014   14:06 Jun 25, 2015   Jkt 235001   PO 00000   Frm 00027   Fmt 4700   Sfmt 4700   E:\FR\FM\26JNR1.SGM   26JNR1



Document Created: 2015-12-15 14:14:58
Document Modified: 2015-12-15 14:14:58
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective June 26, 2015.
ContactMs. Amy G. Williams, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6106; facsimile 571-372-6094.
FR Citation80 FR 36718 
CFR Citation48 CFR 201
48 CFR 213
48 CFR 217
48 CFR 225
48 CFR 252

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR