80 FR 51750 - Defense Federal Acquisition Regulation Supplement: Item Unique Identification Prescription Correction (DFARS Case 2014-D021)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 165 (August 26, 2015)

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to correct the prescription for a clause.

[Federal Register Volume 80, Number 165 (Wednesday, August 26, 2015)]
[Rules and Regulations]
[Page 51750]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-20876]



[[Page 51750]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 211

[Docket No. DARS-2015-0041]
RIN 0750-AI65


Defense Federal Acquisition Regulation Supplement: Item Unique 
Identification Prescription Correction (DFARS Case 2014-D021)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to correct the prescription 
for a clause.

DATES: Effective August 26, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, telephone 571-372-
6090.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule corrects the clause prescription at DFARS 211.274-
6(a)(1) to reflect a change that was addressed and previously published 
for public comment in the Federal Register for proposed rule 2011-D055, 
Item Unique Identifier Update, on June 15, 2012 (77 FR 35921). The 
proposed rule presented edits to the prescription for the clause 
252.211-7003, Item Unique Identification and Valuation. One of the 
changes was inadvertently omitted from the final rule, which was 
published in the Federal Register on December 16, 2013 (78 FR 76067). 
Due to baseline changes that occurred (in DFARS rule 2012-D001) between 
the time when the proposed rule was published and the final rule was 
published, the revision from the proposed rule to the clause 
prescription was not reflected in the publication of the final rule. 
One of the public comments received in response to the proposed rule 
was related to the clause prescription. The comment, which recommended 
inclusion of clarifying text related to ``real property,'' was 
addressed in the final rule, had no impact on the clause prescription 
in the final rule, and is inconsequential to the correction being made 
in this rule.
    The correction to the prescription at DFARS 211.274-6(a)(1) for 
clause 252.211-7003, Item Unique Identification and Valuation, 
clarifies that the clause is used in solicitations and contracts that 
include the furnishing of ``supplies, and for services involving the 
furnishing of supplies, unless the exceptions at 211.274-2(b) apply.'' 
The current clause prescription does not directly address the 
exceptions for use of the clause and instead states that the clause 
applies to items ``that require item identification or valuation, or 
both, in accordance with 211.274-2 and 211.274-3.'' This final rule 
corrects the clause prescription to reflect the changes anticipated by 
the 2011-D055 proposed rule.

II. 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.

III. Regulatory Flexibility Act

    Initial and final regulatory flexibility analyses were previously 
prepared consistent with the Regulatory Flexibility Act 5 U.S.C. 601, 
et seq., under the DFARS Case 2011-D055 proposed and final rules, 
respectively.

IV. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Part 211

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 211 is amended as follows:

PART 211--DESCRIBING AGENCY NEEDS

0
1. The authority citation for 48 CFR part 211 continues to read as 
follows:

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


0
2. Amend section 211.274-6 by revising paragraph (a)(1) to read as 
follows:


211.274-6  Contract clauses.

    (a)(1) Use the clause at 252.211-7003, Item Unique Identification 
and Valuation, in solicitations and contracts, including solicitations 
and contracts using FAR part 12 procedures for the acquisition of 
commercial items, for supplies, and for services involving the 
furnishing of supplies, unless the conditions in 211.274-2(b) apply.
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[FR Doc. 2015-20876 Filed 8-25-15; 8:45 am]
 BILLING CODE 5001-06-P