80_FR_37020 80 FR 36897 - Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Prescriptions and Clause Prefaces (DFARS Case 2015-D016)

80 FR 36897 - Defense Federal Acquisition Regulation Supplement: Clauses With Alternates-Prescriptions and Clause Prefaces (DFARS Case 2015-D016)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

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

Page Range36897-36900
FR Document2015-15666

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to clarify prescriptions and clause prefaces for clauses with alternates.

Federal Register, Volume 80 Issue 123 (Friday, June 26, 2015)
[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36897-36900]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-15666]



[[Page 36897]]

Vol. 80

Friday,

No. 123

June 26, 2015

Part II





Department of Defense





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Defense Acquisition Regulations System





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48 CFR Parts 202, 203, 204, et al.





Defense Federal Acquisition Regulation Supplements; Final Rules

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

[[Page 36898]]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AI57


Defense Federal Acquisition Regulation Supplement: Clauses With 
Alternates--Prescriptions and Clause Prefaces (DFARS Case 2015-D016)

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 clarify prescriptions and 
clause prefaces for clauses with alternates.

DATES: Effective June 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6176.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is issuing a final rule to clarify, for clauses with 
alternates, appropriate use of the basic clauses and their alternates. 
In addition, the rule implements minor editorial changes. This rule 
does not change the text of any basic or alternate clause, and it does 
not change the requirement for use of any clause.

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, 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 only clarifies the use of existing clauses with 
alternates and makes minor editorial changes. The rule does not change 
the text of any clause, and it does not change the requirement for use 
of any clause. This final rule is not required to be published for 
public comment, because it has no effect beyond the internal operating 
procedures of DoD, and the rule has no 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 and 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 Parts 225 and 252

    Government procurement.

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

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

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

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

PART 225--FOREIGN ACQUISITION


225.1101   [Amended]

0
2. Amend section 225.1101 by--
0
a. In paragraph (10)(i)(A), removing ``;$100,000,'' and adding 
``$100,000, but is less than $204,000,'' in its place;
0
b. In paragraph (10)(i)(B), removing ``estimated value'' and adding 
``estimated value equals or exceeds $25,000, but'' in its place;
0
c. In paragraph (10)(i)(C), removing ``$100,000'' and adding 
``$100,000, but is less than $204,000,'' in its place; and
0
d. In paragraph (10)(i)(D), removing ``estimated value less than 
$79,507'' and adding ``estimated value equals or exceeds $25,000, but 
is less than $79,507,'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.216-7010 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``216.506(d)(2)'' and adding ``216.506(d) and (d)(2)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.216-7010   Requirements.

    Basic. As prescribed in 216.506(d) and (d)(1), use the following 
clause:
* * * * *

0
4. Amend section 252.217-7000 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``217.208-70(a)(2)'' 
and adding ``217.208(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.217-7000   Exercise of option to fulfill foreign military sales 
commitments.

    Basic. As prescribed in 217.208-70(a) and (a)(1), use the following 
clause:
* * * * *

0
5. Amend section 252.223-7006 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``223.7106(b)'' and adding ``223.7106 and 223.7106(b)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and 
replacing it with a colon.
    The revision reads as follows:

[[Page 36899]]

252.223-7006   Prohibition on Storage, Treatment, and Disposal of Toxic 
or Hazardous Materials.

    Basic. As prescribed in 223.7106 and 223.7106(a), use the following 
clause:
* * * * *

0
6. Amend section 252.225-7000 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text, removing ``225.1101(1)(ii)'' 
and adding ``225.1101(1) and (1)(ii)'' in its place.
    The revision reads as follows:


252.225-7000   Buy American--Balance of Payments Program Certificate.

    Basic. As prescribed in 225.1101(1) and (1)(i), use the following 
provision:
* * * * *

0
7. Amend section 252.225-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``225.1101(2)(iii)'' 
and adding ``225.1101(2)(i) and (2)(iii)'' in its place.
    The revision reads as follows:


252.225-7001   Buy American and Balance of Payments Program.

    Basic. As prescribed in 225.1101(2)(i) and (2)(ii), use the 
following clause:
* * * * *

0
8. Amend section 252.225-7020 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``225.1101(5)(ii)'' and adding ``225.1101(5) and (5)(ii)'' 
in its place; and
0
ii. Removing ``basic clause:'' and adding ``basic provision:'' in its 
place.
    The revision reads as follows:


252.225-7020   Trade Agreements Certificate.

    Basic. As prescribed in 225.1101(5) and (5)(i), use the following 
provision:
* * * * *

0
9. Amend section 252.225-7021 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate II introductory text, by removing 
``225.1101(6)(ii)'' and adding ``225.1101(6) and (6)(ii)'' in its 
place.
    The revision reads as follows:


252.225-7021   Trade agreements.

    Basic. As prescribed in 225.1101(6) and (6)(i), use the following 
clause:
* * * * *

0
10. Amend section 252.225-7035 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text;
0
c. In the Alternate I introductory text, removing ``225.1101(9)(ii)'' 
and adding ``225.1101(9) and (9)(ii)'' in its place;
0
d. In the Alternate II introductory text, removing ``225.1101(9)(iii)'' 
and adding ``225.1101(9) and (9)(iii)'' in its place;
0
e. In the Alternate III introductory text, removing ``225.1101(9)(iv)'' 
and adding ``225.1101(9) and (9)(iv)'' in its place;
0
f. In the Alternate IV introductory text, removing ``225.1101(9)(v)'' 
and adding ``225.1101(9) and (9)(v)'' in its place; and
0
g. In the Alternate V introductory text, removing ``225.1101(9)(vi)'' 
and adding ``225.1101(9) and (9)(vi)'' in its place.
    The revision reads as follows:


252.225-7035  Buy American--Free Trade Agreements--Balance of Payments 
Program Certificate.

    Basic. As prescribed in 225.1101(9) and (9)(i), use the following 
provision:
* * * * *

0
11. Amend section 252.225-7036 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing 
``225.1101(10)(i)(B)'' and adding ``225.1101(10)(i) and (10)(i)(B)'' in 
its place;
0
d. In the Alternate II introductory text, removing 
``225.1101(10)(i)(C)'' and adding ``225.1101(10)(i) and (10)(i)(C)'' in 
its place;
0
e. In the Alternate III introductory text, removing 
``225.1101(10)(i)(D)'' and adding ``225.1101(10)(i) and (10)(i)(D)'' in 
its place;
0
f. In the Alternate IV introductory text, removing 
``225.1101(10)(i)(E)'' and adding ``225.1101(10)(i) and (10)(i)(E)'' in 
its place; and
0
g. In the Alternate V introductory text, removing 
``225.1101(10)(i)(F)'' and adding ``225.1101(10)(i) and (10)(i)(F)'' in 
its place.
    The revision reads as follows:


252.225-7036  Buy American--Free Trade Agreements--Balance of Payments 
Program.

    Basic. As prescribed in 225.1101(10)(i) and (10)(i)(A), use the 
following clause:
* * * * *

0
12. Amend section 252.225-7044 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``225.7503(a)(2)'' 
and adding ``225.7503(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.225-7044  Balance of Payments Program--Construction Material.

    Basic. As prescribed in 225.7503(a) and (a)(1), use the following 
clause:
* * * * *

0
13. Amend section 252.225-7045 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing ``225.7503(b)(2)'' 
and adding ``225.7503(b) and (b)(2)'' in its place;
0
d. In the Alternate II introductory text, removing ``225.7503(b)(3)'' 
and adding ``225.7503(b) and (b)(3)'' in its place;
0
e. In the Alternate III introductory text, removing ``225.7503(b)(4)'' 
and adding ``225.7503(b) and (b)(4)'' in its place.
    The revision reads as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

    Basic. As prescribed in 225.7503(b) and (b)(1), use the following 
clause:
* * * * *

0
14. Amend section 252.229-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``at 229.402-70(a)(2)'' and adding ``in 229.402-70(a) and 
(a)(2)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.229-7001  Tax Relief.

    Basic. As prescribed in 229.402-70(a) and (a)(1), use the following 
clause:
* * * * *

0
15. Amend section 252.234-7003 by--
0
a. Revising the section heading;
0
b. Removing the introductory text of the section;
0
c. Revising the Basic provision introductory text; and
0
d. In the Alternate I introductory text, removing ``234.7101(a)(2)'' 
and adding ``234.7101(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.234-7003  Notice of Cost and Software Data Reporting System.

    Basic. As prescribed in 234.7101(a) and (a)(1), use the following 
provision:
* * * * *

[[Page 36900]]


0
16. Amend section 252.234-7004 by--
0
a. Revising the section heading;
0
b. Removing the introductory text of the section;
0
c. Revising the Basic clause introductory text; and
0
d. In the Alternate I introductory text, removing ``234.7101(b)(2)'' 
and adding ``234.7101(b) and (b)(2)'' in its place.
    The revision reads as follows:


252.234-7004  Cost and Software Data Reporting System.

    Basic. As prescribed in 234.7101(b) and (b)(1), use the following 
clause:
* * * * *

0
17. Amend section 252.235-7003 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``at 235.072(b)(2)'' and adding ``in 234.072(b) and 
(b)(2)'' in its place; and
0
ii Removing the period at the end of the introductory text and adding a 
colon in its place.
    The revision reads as follows:


252.235-7003  Frequency authorization.

    Basic. As prescribed in 235.072(b) and (b)(1), use the following 
clause:
* * * * *

0
18. Amend 252.237-7002 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text, removing ``237.7003(a)(2)'' 
and adding ``237.7003(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.237-7002  Award to single offeror.

    Basic. As prescribed in 237.7003(a) and (a)(1), use the following 
provision:
* * * * *

0
19. Amend section 252.237-7016 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing ``237.7101(e)(2)'' 
and adding ``237.7101(e) and (e)(2)'' in its place; and
0
d. In the Alternate II introductory text, removing ``237.7101(e)(3)'' 
and adding ``237.7101(e) and (e)(3)'' in its place.
    The revision reads as follows:


252.237-7016  Delivery tickets.

    Basic. As prescribed in 237.7101(e) and (e)(1), use the following 
clause:
* * * * *

0
20. Amend section 252.244-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``244.305-71(b)'' and adding ``244.305-71 and 244.305-
71(b)'' in its place; and
0
ii. Removing the period at the end of the introductory text and add a 
colon in its place.
    The revision reads as follows:


252.244-7001  Contractor purchasing system administration.

    Basic. As prescribed in 244.305-71 and 244.305-71(a), use the 
following clause:
* * * * *

0
21. Amend section 252.246-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``246.710(1)(ii)'' and adding ``246.710(1) and (1)(ii)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
0
d. In the Alternate II introductory text--
0
i. Removing ``at 246.710(1)(iii)'' and adding ``in 246.710(1) and 
(1)(iii)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.246-7001   Warranty of data.

    Basic. As prescribed in 246.710(1) and (1)(i), use the following 
clause:
* * * * *

0
22. Amend section 252.247-7008 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``247.271-4(a)(2)'' and adding ``247.271-3 and 247.271-3(a) 
and (a)(2)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.247-7008  Evaluation of bids.

    Basic. As prescribed in 247.271-3 and 247.271-3(a) and (a)(1), use 
the following provision:
* * * * *

0
23. Amend section 252.247-7023 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``247.574(b)(2)'' and adding ``247.574(b) and (b)(2)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
0
d. In the Alternate II introductory text--
0
i. Removing ``247.574(b)(3)'' and adding ``247.574(b) and (b)(3)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.247-7023  Transportation of supplies by sea.

    Basic. As prescribed in 247.574(b) and (b)(1), use the following 
clause:
* * * * *
[FR Doc. 2015-15666 Filed 6-25-15; 8:45 am]
 BILLING CODE 5001-06-P



                                                                                                   Vol. 80                           Friday,
                                                                                                   No. 123                           June 26, 2015




                                                                                                   Part II


                                                                                                   Department of Defense
                                                                                                   Defense Acquisition Regulations System
                                                                                                   48 CFR Parts 202, 203, 204, et al.
                                                                                                   Defense Federal Acquisition Regulation Supplements; Final Rules
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                                        VerDate Sep<11>2014   19:07 Jun 25, 2015   Jkt 235001   PO 00000   Frm 00001   Fmt 4717   Sfmt 4717   E:\FR\FM\26JNR2.SGM   26JNR2


                                             36898                Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations

                                             DEPARTMENT OF DEFENSE                                   effect beyond the internal operating                   ‘‘estimated value equals or exceeds
                                                                                                     procedures of DoD, and the rule has no                 $25,000, but’’ in its place;
                                             Defense Acquisition Regulations                         cost or administrative impact on                       ■ c. In paragraph (10)(i)(C), removing
                                             System                                                  contractors or offerors.                               ‘‘$100,000’’ and adding ‘‘$100,000, but
                                                                                                     III. Executive Orders 12866 and 13563                  is less than $204,000,’’ in its place; and
                                             48 CFR Parts 225 and 252
                                                                                                                                                            ■ d. In paragraph (10)(i)(D), removing
                                             RIN 0750–AI57                                              Executive Orders (E.O.s) 12866 and                  ‘‘estimated value less than $79,507’’ and
                                                                                                     13563 direct agencies to assess all costs              adding ‘‘estimated value equals or
                                             Defense Federal Acquisition                             and benefits of available regulatory                   exceeds $25,000, but is less than
                                             Regulation Supplement: Clauses With                     alternatives and, if regulation is                     $79,507,’’ in its place.
                                             Alternates—Prescriptions and Clause                     necessary, to select regulatory
                                             Prefaces (DFARS Case 2015–D016)                         approaches that maximize net benefits                  PART 252—SOLICITATION
                                                                                                     (including potential economic,                         PROVISIONS AND CONTRACT
                                             AGENCY:  Defense Acquisition                            environmental, public health and safety                CLAUSES
                                             Regulations System, Department of                       effects, distributive impacts, and
                                             Defense (DoD).                                          equity). E.O. 13563 emphasizes the                     ■ 3. Amend section 252.216–7010 by—
                                             ACTION: Final rule.                                     importance of quantifying both costs                   ■ a. Removing the introductory text of
                                                                                                     and benefits, of reducing costs, of                    the section;
                                             SUMMARY:    DoD is issuing a final rule                 harmonizing rules, and of promoting
                                             amending the Defense Federal                            flexibility. This is not a significant                 ■ b. Revising the Basic clause
                                             Acquisition Regulation Supplement                       regulatory action and, therefore, was not              introductory text; and
                                             (DFARS) to clarify prescriptions and                    subject to review under section 6(b) of                ■ c. In the Alternate I introductory
                                             clause prefaces for clauses with                        E.O. 12866, Regulatory Planning and                    text—
                                             alternates.                                             Review, dated September 30, 1993. This                 ■ i. Removing ‘‘216.506(d)(2)’’ and
                                             DATES:   Effective June 26, 2015.                       rule is not a major rule under 5 U.S.C.                adding ‘‘216.506(d) and (d)(2)’’ in its
                                             FOR FURTHER INFORMATION CONTACT:               Ms.      804.                                                   place; and
                                             Tresa Sullivan, telephone 571–372–                      IV. Regulatory Flexibility Act                         ■ ii. Removing the period at the end of
                                             6176.                                                                                                          the introductory text and adding a colon
                                                                                                       The Regulatory Flexibility Act does                  in its place.
                                             SUPPLEMENTARY INFORMATION:
                                                                                                     not apply to this rule because this final                The revision reads as follows:
                                             I. Background                                           rule does not constitute a significant
                                                DoD is issuing a final rule to clarify,              DFARS revision within the meaning of                   252.216–7010     Requirements.
                                             for clauses with alternates, appropriate                FAR 1.501–1, and 41 U.S.C. 1707 and                      Basic. As prescribed in 216.506(d)
                                             use of the basic clauses and their                      does not require publication for public                and (d)(1), use the following clause:
                                             alternates. In addition, the rule                       comment.
                                                                                                                                                            *    *      *     *     *
                                             implements minor editorial changes.                     V. Paperwork Reduction Act
                                             This rule does not change the text of any                                                                      ■ 4. Amend section 252.217–7000 by—
                                             basic or alternate clause, and it does not                The rule does not contain any                        ■ a. Removing the introductory text of
                                             change the requirement for use of any                   information collection requirements that               the section;
                                             clause.                                                 require the approval of the Office of                  ■ b. Revising the Basic clause
                                                                                                     Management and Budget under the                        introductory text; and
                                             II. Publication of This Final Rule for                  Paperwork Reduction Act (44 U.S.C.
                                                                                                                                                            ■ c. In the Alternate I introductory text,
                                             Public Comment Is Not Required by                       chapter 35).
                                             Statute                                                                                                        removing ‘‘217.208–70(a)(2)’’ and
                                                                                                     List of Subjects in 48 CFR Parts 225 and               adding ‘‘217.208(a) and (a)(2)’’ in its
                                                ‘‘Publication of proposed                            252                                                    place.
                                             regulations’’, 41 U.S.C. 1707, is the
                                                                                                         Government procurement.                              The revision reads as follows:
                                             statute which applies to the publication
                                             of the Federal Acquisition Regulation.                  Amy G. Williams,                                       252.217–7000 Exercise of option to fulfill
                                             Paragraph (a)(1) of the statute requires                Editor, Defense Acquisition Regulations                foreign military sales commitments.
                                             that a procurement policy, regulation,                  System.                                                  Basic. As prescribed in 217.208–70(a)
                                             procedure or form (including an                                                                                and (a)(1), use the following clause:
                                             amendment or modification thereof)                        Therefore, 48 CFR parts 225 and 252
                                                                                                     are amended as follows:                                *    *      *     *     *
                                             must be published for public comment
                                             if it relates to the expenditure of                     ■ 1. The authority citation for 48 CFR                 ■  5. Amend section 252.223–7006 by—
                                             appropriated funds, and has either a                    parts 225 and 252 continues to read as                 ■  a. Removing the introductory text of
                                             significant effect beyond the internal                  follows:                                               the section;
                                             operating procedures of the agency                        Authority: 41 U.S.C. 1303 and 48 CFR                 ■ b. Revising the Basic clause
                                             issuing the policy, regulation, procedure               chapter 1.                                             introductory text;
                                             or form, or has a significant cost or
                                                                                                                                                            ■ c. In the Alternate I introductory
                                             administrative impact on contractors or                 PART 225—FOREIGN ACQUISITION
                                                                                                                                                            text—
                                             offerors. This final rule only clarifies the            225.1101     [Amended]                                 ■ i. Removing ‘‘223.7106(b)’’ and adding
                                             use of existing clauses with alternates
tkelley on DSK3SPTVN1PROD with RULES2




                                             and makes minor editorial changes. The                  ■  2. Amend section 225.1101 by—                       ‘‘223.7106 and 223.7106(b)’’ in its place;
                                             rule does not change the text of any                    ■ a. In paragraph (10)(i)(A), removing                 and
                                             clause, and it does not change the                      ‘‘;$100,000,’’ and adding ‘‘$100,000, but              ■ ii. Removing the period at the end of
                                             requirement for use of any clause. This                 is less than $204,000,’’ in its place;                 the introductory text and replacing it
                                             final rule is not required to be published              ■ b. In paragraph (10)(i)(B), removing                 with a colon.
                                             for public comment, because it has no                   ‘‘estimated value’’ and adding                            The revision reads as follows:


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                                                                  Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations                                           36899

                                             252.223–7006 Prohibition on Storage,                    ■  10. Amend section 252.225–7035 by—                  ■  c. In the Alternate I introductory text,
                                             Treatment, and Disposal of Toxic or                     ■  a. Removing the introductory text of                removing ‘‘225.7503(a)(2)’’ and adding
                                             Hazardous Materials.                                    the section;                                           ‘‘225.7503(a) and (a)(2)’’ in its place.
                                                Basic. As prescribed in 223.7106 and                 ■ b. Revising the Basic provision                         The revision reads as follows:
                                             223.7106(a), use the following clause:                  introductory text;
                                             *     *     *     *      *                              ■ c. In the Alternate I introductory text,             252.225–7044 Balance of Payments
                                                                                                     removing ‘‘225.1101(9)(ii)’’ and adding                Program—Construction Material.
                                             ■ 6. Amend section 252.225–7000 by—
                                             ■ a. Removing the introductory text of                  ‘‘225.1101(9) and (9)(ii)’’ in its place;                 Basic. As prescribed in 225.7503(a)
                                             the section;                                            ■ d. In the Alternate II introductory text,            and (a)(1), use the following clause:
                                             ■ b. Revising the Basic provision                       removing ‘‘225.1101(9)(iii)’’ and adding               *      *    *     *      *
                                             introductory text; and                                  ‘‘225.1101(9) and (9)(iii)’’ in its place;             ■ 13. Amend section 252.225–7045 by—
                                             ■ c. In the Alternate I introductory text,              ■ e. In the Alternate III introductory                 ■ a. Removing the introductory text of
                                             removing ‘‘225.1101(1)(ii)’’ and adding                 text, removing ‘‘225.1101(9)(iv)’’ and                 the section;
                                             ‘‘225.1101(1) and (1)(ii)’’ in its place.               adding ‘‘225.1101(9) and (9)(iv)’’ in its              ■ b. Revising the Basic clause
                                                The revision reads as follows:                       place;                                                 introductory text;
                                                                                                     ■ f. In the Alternate IV introductory text,            ■ c. In the Alternate I introductory text,
                                             252.225–7000 Buy American—Balance of
                                                                                                     removing ‘‘225.1101(9)(v)’’ and adding                 removing ‘‘225.7503(b)(2)’’ and adding
                                             Payments Program Certificate.
                                                                                                     ‘‘225.1101(9) and (9)(v)’’ in its place;               ‘‘225.7503(b) and (b)(2)’’ in its place;
                                                Basic. As prescribed in 225.1101(1)                  and
                                             and (1)(i), use the following provision:                                                                       ■ d. In the Alternate II introductory text,
                                                                                                     ■ g. In the Alternate V introductory text,
                                             *     *     *     *      *                                                                                     removing ‘‘225.7503(b)(3)’’ and adding
                                                                                                     removing ‘‘225.1101(9)(vi)’’ and adding                ‘‘225.7503(b) and (b)(3)’’ in its place;
                                             ■ 7. Amend section 252.225–7001 by—                     ‘‘225.1101(9) and (9)(vi)’’ in its place.              ■ e. In the Alternate III introductory
                                             ■ a. Removing the introductory text of                     The revision reads as follows:                      text, removing ‘‘225.7503(b)(4)’’ and
                                             the section;
                                             ■ b. Revising the Basic clause                          252.225–7035 Buy American—Free Trade                   adding ‘‘225.7503(b) and (b)(4)’’ in its
                                             introductory text; and                                  Agreements—Balance of Payments                         place.
                                             ■ c. In the Alternate I introductory text,              Program Certificate.                                      The revision reads as follows:
                                             removing ‘‘225.1101(2)(iii)’’ and adding                  Basic. As prescribed in 225.1101(9)
                                                                                                                                                            252.225–7045 Balance of Payments
                                             ‘‘225.1101(2)(i) and (2)(iii)’’ in its place.           and (9)(i), use the following provision:               Program—Construction Material Under
                                                The revision reads as follows:                       *      *     *    *      *                             Trade Agreements.
                                             252.225–7001 Buy American and Balance                   ■ 11. Amend section 252.225–7036 by—                      Basic. As prescribed in 225.7503(b)
                                             of Payments Program.                                    ■ a. Removing the introductory text of                 and (b)(1), use the following clause:
                                               Basic. As prescribed in 225.1101(2)(i)                the section;                                           *      *    *     *      *
                                                                                                     ■ b. Revising the Basic clause
                                             and (2)(ii), use the following clause:                                                                         ■ 14. Amend section 252.229–7001 by—
                                                                                                     introductory text;
                                             *      *     *     *     *                              ■ c. In the Alternate I introductory text,
                                                                                                                                                            ■ a. Removing the introductory text of
                                             ■ 8. Amend section 252.225–7020 by—                     removing ‘‘225.1101(10)(i)(B)’’ and                    the section;
                                             ■ a. Removing the introductory text of                                                                         ■ b. Revising the Basic clause
                                                                                                     adding ‘‘225.1101(10)(i) and (10)(i)(B)’’
                                             the section;                                            in its place;                                          introductory text; and
                                             ■ b. Revising the Basic provision                                                                              ■ c. In the Alternate I introductory
                                                                                                     ■ d. In the Alternate II introductory text,
                                             introductory text; and                                  removing ‘‘225.1101(10)(i)(C)’’ and                    text—
                                             ■ c. In the Alternate I introductory                                                                           ■ i. Removing ‘‘at 229.402–70(a)(2)’’ and
                                                                                                     adding ‘‘225.1101(10)(i) and (10)(i)(C)’’
                                             text—                                                                                                          adding ‘‘in 229.402–70(a) and (a)(2)’’ in
                                                                                                     in its place;
                                             ■ i. Removing ‘‘225.1101(5)(ii)’’ and                                                                          its place; and
                                                                                                     ■ e. In the Alternate III introductory
                                             adding ‘‘225.1101(5) and (5)(ii)’’ in its                                                                      ■ ii. Removing the period at the end of
                                                                                                     text, removing ‘‘225.1101(10)(i)(D)’’ and
                                             place; and                                                                                                     the introductory text and adding a colon
                                             ■ ii. Removing ‘‘basic clause:’’ and
                                                                                                     adding ‘‘225.1101(10)(i) and (10)(i)(D)’’
                                                                                                     in its place;                                          in its place.
                                             adding ‘‘basic provision:’’ in its place.                                                                         The revision reads as follows:
                                                                                                     ■ f. In the Alternate IV introductory text,
                                               The revision reads as follows:
                                                                                                     removing ‘‘225.1101(10)(i)(E)’’ and                    252.229–7001     Tax Relief.
                                             252.225–7020      Trade Agreements                      adding ‘‘225.1101(10)(i) and (10)(i)(E)’’
                                             Certificate.                                                                                                      Basic. As prescribed in 229.402–70(a)
                                                                                                     in its place; and
                                               Basic. As prescribed in 225.1101(5)                                                                          and (a)(1), use the following clause:
                                                                                                     ■ g. In the Alternate V introductory text,
                                             and (5)(i), use the following provision:                removing ‘‘225.1101(10)(i)(F)’’ and                    *     *     *     *      *
                                             *     *     *     *      *                              adding ‘‘225.1101(10)(i) and (10)(i)(F)’’              ■ 15. Amend section 252.234–7003 by—
                                             ■ 9. Amend section 252.225–7021 by—                     in its place.                                          ■ a. Revising the section heading;
                                             ■ a. Removing the introductory text of                    The revision reads as follows:                       ■ b. Removing the introductory text of
                                             the section;                                                                                                   the section;
                                                                                                     252.225–7036 Buy American—Free Trade                   ■ c. Revising the Basic provision
                                             ■ b. Revising the Basic clause                          Agreements—Balance of Payments
                                             introductory text; and                                  Program.
                                                                                                                                                            introductory text; and
                                             ■ c. In the Alternate II introductory text,                                                                    ■ d. In the Alternate I introductory text,
                                                                                                       Basic. As prescribed in                              removing ‘‘234.7101(a)(2)’’ and adding
                                             by removing ‘‘225.1101(6)(ii)’’ and
                                                                                                     225.1101(10)(i) and (10)(i)(A), use the                ‘‘234.7101(a) and (a)(2)’’ in its place.
                                             adding ‘‘225.1101(6) and (6)(ii)’’ in its
                                                                                                     following clause:                                         The revision reads as follows:
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                                             place.
                                               The revision reads as follows:                        *     *    *     *     *
                                                                                                     ■ 12. Amend section 252.225–7044 by—
                                                                                                                                                            252.234–7003 Notice of Cost and Software
                                             252.225–7021      Trade agreements.                                                                            Data Reporting System.
                                                                                                     ■ a. Removing the introductory text of
                                               Basic. As prescribed in 225.1101(6)                   the section;                                             Basic. As prescribed in 234.7101(a)
                                             and (6)(i), use the following clause:                   ■ b. Revising the Basic clause                         and (a)(1), use the following provision:
                                             *    *      *     *     *                               introductory text; and                                 *    *      *     *     *


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                                             36900                Federal Register / Vol. 80, No. 123 / Friday, June 26, 2015 / Rules and Regulations

                                             ■  16. Amend section 252.234–7004 by—                   ■  a. Removing the introductory text of                ■ a. Removing the introductory text of
                                             ■  a. Revising the section heading;                     the section;                                           the section;
                                             ■  b. Removing the introductory text of                 ■ b. Revising the Basic clause                         ■ b. Revising the Basic clause
                                             the section;                                            introductory text;                                     introductory text;
                                             ■ c. Revising the Basic clause                          ■ c. In the Alternate I introductory                   ■ c. In the Alternate I introductory
                                             introductory text; and                                  text—                                                  text—
                                             ■ d. In the Alternate I introductory text,              ■ i. Removing ‘‘244.305–71(b)’’ and                    ■ i. Removing ‘‘247.574(b)(2)’’ and
                                             removing ‘‘234.7101(b)(2)’’ and adding                  adding ‘‘244.305–71 and 244.305–71(b)’’                adding ‘‘247.574(b) and (b)(2)’’ in its
                                             ‘‘234.7101(b) and (b)(2)’’ in its place.                in its place; and                                      place; and
                                                The revision reads as follows:                       ■ ii. Removing the period at the end of                ■ ii. Removing the period at the end of
                                                                                                     the introductory text and add a colon in               the introductory text and adding a colon
                                             252.234–7004 Cost and Software Data                                                                            in its place.
                                                                                                     its place.
                                             Reporting System.                                                                                              ■ d. In the Alternate II introductory
                                                                                                        The revision reads as follows:
                                               Basic. As prescribed in 234.7101(b)                                                                          text—
                                             and (b)(1), use the following clause:                   252.244–7001 Contractor purchasing                     ■ i. Removing ‘‘247.574(b)(3)’’ and
                                             *      *    *     *      *                              system administration.                                 adding ‘‘247.574(b) and (b)(3)’’ in its
                                             ■ 17. Amend section 252.235–7003 by—
                                                                                                       Basic. As prescribed in 244.305–71                   place; and
                                             ■ a. Removing the introductory text of                  and 244.305–71(a), use the following                   ■ ii. Removing the period at the end of
                                             the section;                                            clause:                                                the introductory text and adding a colon
                                             ■ b. Revising the Basic clause                          *      *    *     *      *                             in its place.
                                             introductory text;                                      ■ 21. Amend section 252.246–7001 by—
                                                                                                                                                              The revision reads as follows:
                                             ■ c. In the Alternate I introductory                    ■ a. Removing the introductory text of                 252.247–7023     Transportation of supplies
                                             text—                                                   the section;                                           by sea.
                                             ■ i. Removing ‘‘at 235.072(b)(2)’’ and                  ■ b. Revising the Basic clause                           Basic. As prescribed in 247.574(b) and
                                             adding ‘‘in 234.072(b) and (b)(2)’’ in its              introductory text;                                     (b)(1), use the following clause:
                                             place; and                                              ■ c. In the Alternate I introductory
                                             ■ ii Removing the period at the end of
                                                                                                                                                            *     *      *     *    *
                                                                                                     text—                                                  [FR Doc. 2015–15666 Filed 6–25–15; 8:45 am]
                                             the introductory text and adding a colon                ■ i. Removing ‘‘246.710(1)(ii)’’ and
                                                                                                                                                            BILLING CODE 5001–06–P
                                             in its place.                                           adding ‘‘246.710(1) and (1)(ii)’’ in its
                                               The revision reads as follows:                        place; and
                                                                                                     ■ ii. Removing the period at the end of                DEPARTMENT OF DEFENSE
                                             252.235–7003      Frequency authorization.
                                                                                                     the introductory text and adding a colon
                                                Basic. As prescribed in 235.072(b) and               in its place.                                          Defense Acquisition Regulations
                                             (b)(1), use the following clause:                       ■ d. In the Alternate II introductory                  System
                                             *     *      *     *     *                              text—
                                             ■ 18. Amend 252.237–7002 by—                            ■ i. Removing ‘‘at 246.710(1)(iii)’’ and               48 CFR Parts 204, 212, 225, 242, and
                                             ■ a. Removing the introductory text of                  adding ‘‘in 246.710(1) and (1)(iii)’’ in its           252
                                             the section;                                            place; and
                                                                                                     ■ ii. Removing the period at the end of
                                                                                                                                                            RIN 0750–AI55
                                             ■ b. Revising the Basic provision
                                             introductory text; and                                  the introductory text and adding a colon               Defense Federal Acquisition
                                             ■ c. In the Alternate I introductory text,              in its place.                                          Regulation Supplement: Defense
                                             removing ‘‘237.7003(a)(2)’’ and adding                    The revision reads as follows:                       Contractors Outside the United
                                             ‘‘237.7003(a) and (a)(2)’’ in its place.                                                                       States—Subpart Relocation (DFARS
                                                                                                     252.246–7001       Warranty of data.
                                                The revision reads as follows:                                                                              Case 2015–D015)
                                                                                                       Basic. As prescribed in 246.710(1) and
                                             252.237–7002      Award to single offeror.              (1)(i), use the following clause:                      AGENCY:  Defense Acquisition
                                                Basic. As prescribed in 237.7003(a)                  *      *     *     *     *                             Regulations System, Department of
                                             and (a)(1), use the following provision:                ■ 22. Amend section 252.247–7008 by—                   Defense (DoD).
                                             *     *     *     *      *                              ■ a. Removing the introductory text of                 ACTION: Final rule.
                                             ■ 19. Amend section 252.237–7016 by—                    the section;
                                             ■ a. Removing the introductory text of                  ■ b. Revising the Basic provision
                                                                                                                                                            SUMMARY:   DoD is issuing a final rule
                                             the section;                                            introductory text; and                                 amending the Defense Federal
                                             ■ b. Revising the Basic clause                          ■ c. In the Alternate I introductory
                                                                                                                                                            Acquisition Regulation Supplement
                                             introductory text;                                      text—                                                  (DFARS) to relocate the text of a DFARS
                                             ■ c. In the Alternate I introductory text,              ■ i. Removing ‘‘247.271–4(a)(2)’’ and                  subpart in order to conform with the
                                             removing ‘‘237.7101(e)(2)’’ and adding                  adding ‘‘247.271–3 and 247.271–3(a)                    Federal Acquisition Regulation (FAR)
                                             ‘‘237.7101(e) and (e)(2)’’ in its place;                and (a)(2)’’ in its place; and                         and to make minor related editorial
                                             and                                                     ■ ii. Removing the period at the end of                revisions.
                                             ■ d. In the Alternate II introductory text,             the introductory text and adding a colon               DATES:   Effective June 26, 2015.
                                             removing ‘‘237.7101(e)(3)’’ and adding                  in its place.                                          FOR FURTHER INFORMATION CONTACT:Ms.
                                             ‘‘237.7101(e) and (e)(3)’’ in its place.                  The revision reads as follows:                       Kyoung Lee, telephone 571–372–6176.
                                                The revision reads as follows:
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                                                                                                     252.247–7008       Evaluation of bids.                 SUPPLEMENTARY INFORMATION:
                                             252.237–7016      Delivery tickets.                       Basic. As prescribed in 247.271–3 and                I. Background
                                               Basic. As prescribed in 237.7101(e)                   247.271–3(a) and (a)(1), use the                          In order to conform the DFARS with
                                             and (e)(1), use the following clause:                   following provision:                                   the FAR, this rule moves, with minor
                                             *     *     *     *     *                               *     *    *    *     *                                editorial changes, the text of DFARS
                                             ■ 20. Amend section 252.244–7001 by—                    ■ 23. Amend section 252.247–7023 by—                   subpart 225.74, Defense Contractors


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Document Created: 2015-12-15 14:14:50
Document Modified: 2015-12-15 14:14:50
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. Tresa Sullivan, telephone 571-372- 6176.
FR Citation80 FR 36897 
RIN Number0750-AI57
CFR Citation48 CFR 225
48 CFR 252

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