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)

Page Range		51750-51750
FR Document		2015-20876

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 Issue 165 (Wednesday, August 26, 2015)

[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.

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

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.
* * * * *
[FR Doc. 2015-20876 Filed 8-25-15; 8:45 am]
 BILLING CODE 5001-06-P

51750 Federal Register / Vol. 80, No. 165 / Wednesday, August 26, 2015 / Rules and Regulations

DEPARTMENT OF DEFENSE involving the furnishing of supplies, ■ 2. Amend section 211.274–6 by
unless the exceptions at 211.274–2(b) revising paragraph (a)(1) to read as
Defense Acquisition Regulations apply.’’ The current clause prescription follows:
System does not directly address the exceptions
for use of the clause and instead states 211.274–6 Contract clauses.
48 CFR Part 211 that the clause applies to items ‘‘that (a)(1) Use the clause at 252.211–7003,
require item identification or valuation, Item Unique Identification and
[Docket No. DARS–2015–0041]
or both, in accordance with 211.274–2 Valuation, in solicitations and contracts,
RIN 0750–AI65 and 211.274–3.’’ This final rule corrects including solicitations and contracts
the clause prescription to reflect the using FAR part 12 procedures for the
Defense Federal Acquisition changes anticipated by the 2011–D055 acquisition of commercial items, for
Regulation Supplement: Item Unique proposed rule. supplies, and for services involving the
Identification Prescription Correction furnishing of supplies, unless the
(DFARS Case 2014–D021) II. Executive Orders 12866 and 13563 conditions in 211.274–2(b) apply.
AGENCY: Defense Acquisition Executive Orders (E.O.s) 12866 and * * * * *
Regulations System, Department of 13563 direct agencies to assess all costs [FR Doc. 2015–20876 Filed 8–25–15; 8:45 am]
Defense (DoD). and benefits of available regulatory BILLING CODE 5001–06–P

ACTION: Final rule. alternatives and, if regulation is
necessary, to select regulatory
SUMMARY: DoD is issuing a final rule approaches that maximize net benefits DEPARTMENT OF DEFENSE
amending the Defense Federal (including potential economic,
Acquisition Regulation Supplement Defense Acquisition Regulations
environmental, public health and safety System
(DFARS) to correct the prescription for effects, distributive impacts, and
a clause. equity). E.O. 13563 emphasizes the 48 CFR Part 217
DATES: Effective August 26, 2015. importance of quantifying both costs
FOR FURTHER INFORMATION CONTACT: Mr. and benefits, of reducing costs, of [Docket No. DARS–2015–0039]
Dustin Pitsch, telephone 571–372–6090. harmonizing rules, and of promoting
SUPPLEMENTARY INFORMATION: flexibility. This is not a significant RIN 0750–AI63
regulatory action and, therefore, was not
I. Background subject to review under section 6(b) of Defense Federal Acquisition
This final rule corrects the clause E.O. 12866, Regulatory Planning and Regulation Supplement: Contracts or
prescription at DFARS 211.274–6(a)(1) Review, dated September 30, 1993. This Delivery Orders Issued by a Non-DoD
to reflect a change that was addressed rule is not a major rule under 5 U.S.C. Agency (DFARS Case 2015–D014)
and previously published for public 804. AGENCY: Defense Acquisition
comment in the Federal Register for Regulations System, Department of
III. Regulatory Flexibility Act
proposed rule 2011–D055, Item Unique Defense (DoD).
Identifier Update, on June 15, 2012 (77 Initial and final regulatory flexibility ACTION: Final rule.
FR 35921). The proposed rule presented analyses were previously prepared
edits to the prescription for the clause consistent with the Regulatory SUMMARY: DoD is issuing a final rule
252.211–7003, Item Unique Flexibility Act 5 U.S.C. 601, et seq., amending the Defense Federal
Identification and Valuation. One of the under the DFARS Case 2011–D055 Acquisition Regulation Supplement
changes was inadvertently omitted from proposed and final rules, respectively. (DFARS) to remove duplicative text
the final rule, which was published in relating to contracts or delivery orders
the Federal Register on December 16, IV. Paperwork Reduction Act
issued by a non-DoD Agency and
2013 (78 FR 76067). Due to baseline The rule does not contain any relocate remaining text to conform to
changes that occurred (in DFARS rule information collection requirements that the Federal Acquisition Regulation
2012–D001) between the time when the require the approval of the Office of (FAR).
proposed rule was published and the Management and Budget under the
final rule was published, the revision DATES: Effective August 26, 2015.
Paperwork Reduction Act (44 U.S.C. FOR FURTHER INFORMATION CONTACT: Ms.
from the proposed rule to the clause chapter 35).
prescription was not reflected in the Tresa Sullivan, 571–372–6089.
publication of the final rule. One of the List of Subjects in 48 CFR Part 211 SUPPLEMENTARY INFORMATION:
public comments received in response
to the proposed rule was related to the Government procurement. I. Background
clause prescription. The comment, Jennifer L. Hawes, DoD is amending the DFARS to move
which recommended inclusion of Editor, Defense Acquisition Regulations the coverage at DFARS subpart 217.78,
clarifying text related to ‘‘real property,’’ System. Contracts or Delivery Orders Issued by
was addressed in the final rule, had no a Non-DoD Agency, to DFARS subpart
impact on the clause prescription in the Therefore, 48 CFR part 211 is 217.7, Interagency Acquisitions:
final rule, and is inconsequential to the amended as follows: Acquisitions by Nondefense Agencies
correction being made in this rule. on Behalf of the Department of Defense.
The correction to the prescription at PART 211—DESCRIBING AGENCY This change will align the DFARS with
rmajette on DSK7SPTVN1PROD with RULES

DFARS 211.274–6(a)(1) for clause NEEDS the same coverage in the FAR. In
252.211–7003, Item Unique addition, some duplicative text and
Identification and Valuation, clarifies ■ 1. The authority citation for 48 CFR definitions for ‘‘non-DoD agency’’ and
that the clause is used in solicitations part 211 continues to read as follows: ‘‘non-DoD agency that is an element of
and contracts that include the Authority: 41 U.S.C. 1303 and 48 CFR the intelligence community’’ were
furnishing of ‘‘supplies, and for services chapter 1. removed from the DFARS coverage,

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Document Created: 2015-12-15 10:59:19
Document Modified: 2015-12-15 10:59:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule.
Dates		Effective August 26, 2015.
Contact		Mr. Dustin Pitsch, telephone 571-372- 6090.
FR Citation		80 FR 51750
RIN Number		0750-AI65

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

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

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

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System