80_FR_58819 80 FR 58630 - Defense Federal Acquisition Regulation Supplement: Electronic Copies of Contractual Documents (DFARS Case 2012-D056)

80 FR 58630 - Defense Federal Acquisition Regulation Supplement: Electronic Copies of Contractual Documents (DFARS Case 2012-D056)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 189 (September 30, 2015)

Page Range58630-58632
FR Document2015-24785

DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to establish that the Electronic Data Access system is the primary tool for distributing contracts and contract data and to provide internal control procedures for data verification to ensure contract documents in the Electronic Data Access system are accurate representations of original documents. This rule also removes outmoded language that is not consistent with electronic document processes.

Federal Register, Volume 80 Issue 189 (Wednesday, September 30, 2015)
[Federal Register Volume 80, Number 189 (Wednesday, September 30, 2015)]
[Rules and Regulations]
[Pages 58630-58632]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-24785]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204 and 237

[Docket No. DARS 2015-0009]
RIN 0750-AI29


Defense Federal Acquisition Regulation Supplement: Electronic 
Copies of Contractual Documents (DFARS Case 2012-D056)

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 establish that the 
Electronic Data Access system is the primary tool for distributing 
contracts and contract data and to provide internal control procedures 
for data verification to ensure contract documents in the Electronic 
Data Access system are accurate representations of original documents. 
This rule also removes outmoded language that is not consistent with 
electronic document processes.

DATES: Effective September 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6089.

[[Page 58631]]


SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 80 FR 4846 
on January 29, 2015, to establish that the Electronic Document Access 
(EDA) system is the primary tool for distributing contracts and 
contract data and to provide internal control procedures for data 
verification to ensure contract documents in EDA are accurate 
representations of original documents; and remove outmoded language 
that does not resonate with electronic document processes. No 
respondents submitted public comments in response to the proposed rule.

II. Discussion and Analysis

    There are some minor editorial changes made from the proposed rule 
in the final rule to clarify the distribution of signed contract copies 
to contractors, uploading of certain contract attachments into EDA, and 
what constitutes an original signature. Accordingly, paragraph (a) is 
added to DFARS 204.201 to clarify that contracting officers shall 
distribute one signed copy or reproduction of the signed contract to 
the contractor in lieu of the requirements at FAR 4.201(a). DFARS 
204.270-1, paragraph (a), and 204.802, paragraph (a), now include 
statements that contract attachments that are classified, are too 
sensitive for widespread distribution, or cannot be practicably 
converted to electronic format should be provided by separate cover and 
not uploaded into EDA. Additionally, section 204.802, paragraph (f) is 
added to state that a photocopy, facsimile, electronic, mechanically-
applied and printed signature, seal, and date are considered to be an 
original signature, seal, and date.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as below. This rule is required to update guidance in 
the Defense Federal Acquisition Regulation Supplement (DFARS). A review 
of the DFARS language related to contract files and contract 
distribution resulted in recommendations to remove coverage that was 
structured to support processes for and distribution of paper files and 
paper copies and to add coverage reflecting current electronic 
processes.
    This final rule amends the DFARS to make the following changes:
     DFARS 204.201, paragraph (a), clarifies that contracting 
officers shall distribute one signed copy or reproduction of the signed 
contract to the contractor in lieu of the requirements at FAR 4.201(a).
     DFARS 204.270, Electronic Document Access, states the 
policy that the Electronic Data Access (EDA) System, an online 
repository for contractual instruments and supporting documents, is 
DoD's primary tool for electronic distribution of contractual 
documents. The rule provides that contract attachments that are 
classified, are too sensitive for widespread distribution, or cannot be 
practicably converted to electronic format should be provided by 
separate cover and not uploaded into EDA. This section also provides 
policy that agencies have certain responsibilities when posting 
documents to EDA, to include internal control procedures that ensure 
electronic copies of contract documents and data in EDA are accurate 
representations of original documents.
     DFARS 204.802, Contract Files, is revised. The language in 
this section, which addresses contract file requirements for 
authenticating and conforming paper documents and copies, is being 
removed as it is outdated. A new paragraph (a) is being added, 
providing that electronic documents posted to the EDA system are a part 
of the contract file. Additionally, paragraph (f) is added to state 
that a photocopy, facsimile, electronic, mechanically-applied and 
printed signature, seal, and date are considered to be an original 
signature, seal, and date.
    No comments were received from the public in response to the 
initial regulatory flexibility analysis.
    There will be little, if any, impact on small entities as this rule 
primarily affects procedures for internal Government electronic posting 
and distribution of contractual documents.
    This rule does not require any reporting or recordkeeping, and no 
alternatives were identified that will accomplish the objectives of the 
rule.

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 204 and 237

    Government procurement.

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

    Therefore, 48 CFR parts 204 and 237 are amended as follows:

0
1. The authority citation for 48 CFR parts 204 and 237 continues to 
read as follows:

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

PART 204--ADMINISTRATIVE MATTERS

0
2. Amend section 204.201 by adding paragraph (a) to read as follows:


204.201  Procedures.

* * * * *
    (a) In lieu of the requirement at FAR 4.201 (a), contracting 
officers shall distribute one signed copy or reproduction of the signed 
contract to the contractor.

204.270  [Amended]

0
3. Amend section 204.270 by removing the text.

0
4. Add sections 204.270-1 and 204.270-2 to subpart 204.2 to read as 
follows:


204.270-1  Policy.

    (a) The Electronic Document Access (EDA) system, an online 
repository for contractual instruments and supporting documents, is 
DoD's primary tool for electronic distribution of contract documents 
and contract data. Contract attachments shall be uploaded to EDA, 
except for contract attachments that are classified, are too sensitive 
for widespread distribution (e.g., personally identifiable information 
and Privacy Act and Health Insurance Portability and Accountability 
Act, or cannot be practicably converted to electronic format (e.g., 
samples, drawings, and models). Section J (or similar location

[[Page 58632]]

when the Uniform Contract Format is not used) shall include the 
annotation ``provided under separate cover'' for any attachment not 
uploaded to EDA.
    (b) Agencies are responsible for ensuring the following when 
posting documents, including contractual instruments, to EDA--
    (1) The timely distribution of documents; and
    (2) That internal controls are in place to ensure that--
    (i) The electronic version of a contract document in EDA is an 
accurate representation of the contract; and
    (ii) The contract data in EDA is an accurate representation of the 
underlying contract.


204.270-2  Procedures.

    The procedures at PGI 204.270-2 provide details on how to record 
the results of data verification in EDA. When these procedures are 
followed, contract documents in EDA are an accurate representation of 
the contract and therefore may be used for audit purposes.


0
5. Revise section 204.802 to read as follows:


204.802  Contract files.

    (a) Any document posted to the Electronic Document Access (EDA) 
system is part of the contract file and is accessible by multiple 
parties, including the contractor. Do not include in EDA contract 
documents that are classified, too sensitive for widespread 
distribution (e.g., personally identifiable information and Privacy Act 
and Health Insurance Portability and Accountability Act), or 
attachments that cannot be practicably converted to electronic format 
(e.g., samples, drawings, and models). Inclusion of any document in EDA 
other than contracts, modifications, and orders is optional.
    (f) A photocopy, facsimile, electronic, mechanically-applied and 
printed signature, seal, and date are considered to be an original 
signature, seal, and date.

204.805  [Amended]

0
6. Amend section 204.805, paragraph (1), by removing ``official 
contract files'' and adding ``contract files'' in its place.

PART 237--SERVICE CONTRACTING

0
7. Revise section 237.172 to read as follows:


237.172  Service contracts surveillance.

    Ensure that quality assurance surveillance plans are prepared in 
conjunction with the preparation of the statement of work or statement 
of objectives for solicitations and contracts for services. These plans 
should be tailored to address the performance risks inherent in the 
specific contract type and the work effort addressed by the contract. 
(See FAR subpart 46.4.) Retain quality assurance surveillance plans in 
the contract file. See http://sam.dau.mil, Step Four--Requirements 
Definition, for examples of quality assurance surveillance plans.

[FR Doc. 2015-24785 Filed 9-29-15; 8:45 am]
 BILLING CODE 5001-06-P



                                                58630             Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations

                                                                                                          FY 2016 PROCESSING AND FILING FEE TABLE—Continued
                                                                                                                          Document/action                                                                                                  FY 2016 fee

                                                Nomination of lands ..................................................................................................................................................            115
                                                     plus per acre nomination fee .............................................................................................................................                   0.11
                                                Site license application ..............................................................................................................................................           60
                                                Assignment or transfer of site license .......................................................................................................................                    60

                                                                                                                                              Coal (parts 3400, 3470)

                                                License to mine application .......................................................................................................................................               10
                                                Exploration license application ..................................................................................................................................                335
                                                Lease or lease interest transfer ................................................................................................................................                 65

                                                                                                  Leasing of Solid Minerals Other Than Coal and Oil Shale (parts 3500, 3580)

                                                Applications other than those listed below ...............................................................................................................                        35
                                                Prospecting permit application amendment ..............................................................................................................                           65
                                                Extension of prospecting permit ................................................................................................................................                  110
                                                Lease modification or fringe acreage lease ..............................................................................................................                         30
                                                Lease renewal ...........................................................................................................................................................         525
                                                Assignment, sublease, or transfer of operating rights ..............................................................................................                              30
                                                Transfer of overriding royalty ....................................................................................................................................               30
                                                Use permit .................................................................................................................................................................      30
                                                Shasta and Trinity hardrock mineral lease ...............................................................................................................                         30
                                                Renewal of existing sand and gravel lease in Nevada ............................................................................................                                  30

                                                                                                       Public Law 359; Mining in Powersite Withdrawals: General (part 3730)

                                                Notice of protest of placer mining operations ...........................................................................................................                         10

                                                                                                        Mining Law Administration (parts 3800, 3810, 3830, 3850, 3860, 3870)

                                                Application to open lands to location ........................................................................................................................                    10
                                                Notice of location * .....................................................................................................................................................        20
                                                Amendment of location .............................................................................................................................................               10
                                                Transfer of mining claim/site .....................................................................................................................................               10
                                                Recording an annual FLPMA filing ...........................................................................................................................                      10
                                                Deferment of assessment work ................................................................................................................................                     110
                                                Recording a notice of intent to locate mining claims on Stockraising Homestead Act lands ..................................                                                       30
                                                Mineral patent adjudication .......................................................................................................................................               3,075 (more than 10 claims)
                                                                                                                                                                                                                                  1,535 (10 or fewer claims)
                                                Adverse claim ............................................................................................................................................................        110
                                                Protest .......................................................................................................................................................................   65

                                                                                                                          Oil Shale Management (parts 3900, 3910, 3930)

                                                Exploration license application ..................................................................................................................................                320
                                                Application for assignment or sublease of record title or overriding royalty ............................................................                                         65
                                                  * To record a mining claim or site location, you must pay this processing fee along with the initial maintenance fee and the one-time location
                                                fee required by statute. 43 CFR part 3833.


                                                *        *         *         *         *                                     DEPARTMENT OF DEFENSE                                                        SUMMARY:   DoD is issuing a final rule
                                                [FR Doc. 2015–24699 Filed 9–29–15; 8:45 am]                                                                                                               amending the Defense Federal
                                                BILLING CODE 4310–84–P                                                       Defense Acquisition Regulations                                              Acquisition Regulation Supplement
                                                                                                                             System                                                                       (DFARS) to establish that the Electronic
                                                                                                                                                                                                          Data Access system is the primary tool
                                                                                                                             48 CFR Parts 204 and 237                                                     for distributing contracts and contract
                                                                                                                                                                                                          data and to provide internal control
                                                                                                                             [Docket No. DARS 2015–0009]                                                  procedures for data verification to
                                                                                                                             RIN 0750–AI29
                                                                                                                                                                                                          ensure contract documents in the
                                                                                                                                                                                                          Electronic Data Access system are
                                                                                                                             Defense Federal Acquisition                                                  accurate representations of original
                                                                                                                             Regulation Supplement: Electronic                                            documents. This rule also removes
                                                                                                                                                                                                          outmoded language that is not
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                                                                                                                             Copies of Contractual Documents
                                                                                                                             (DFARS Case 2012–D056)                                                       consistent with electronic document
                                                                                                                                                                                                          processes.
                                                                                                                             AGENCY:  Defense Acquisition
                                                                                                                             Regulations System, Department of                                            DATES: Effective September 30, 2015.
                                                                                                                             Defense (DoD).                                                               FOR FURTHER INFORMATION CONTACT:   Ms.
                                                                                                                                                                                                          Tresa Sullivan, telephone 571–372–
                                                                                                                             ACTION: Final rule.
                                                                                                                                                                                                          6089.


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                                                             Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations                                           58631

                                                SUPPLEMENTARY INFORMATION:                              rule is not a major rule under 5 U.S.C.               affects procedures for internal
                                                                                                        804.                                                  Government electronic posting and
                                                I. Background
                                                                                                                                                              distribution of contractual documents.
                                                   DoD published a proposed rule in the                 IV. Regulatory Flexibility Act
                                                                                                                                                                 This rule does not require any
                                                Federal Register at 80 FR 4846 on                          A final regulatory flexibility analysis            reporting or recordkeeping, and no
                                                January 29, 2015, to establish that the                 has been prepared consistent with the                 alternatives were identified that will
                                                Electronic Document Access (EDA)                        Regulatory Flexibility Act, 5 U.S.C. 601,             accomplish the objectives of the rule.
                                                system is the primary tool for                          et seq., and is summarized as below.
                                                distributing contracts and contract data                This rule is required to update guidance              V. Paperwork Reduction Act
                                                and to provide internal control                         in the Defense Federal Acquisition                      The rule does not contain any
                                                procedures for data verification to                     Regulation Supplement (DFARS). A                      information collection requirements that
                                                ensure contract documents in EDA are                    review of the DFARS language related to               require the approval of the Office of
                                                accurate representations of original                    contract files and contract distribution              Management and Budget under the
                                                documents; and remove outmoded                          resulted in recommendations to remove                 Paperwork Reduction Act (44 U.S.C.
                                                language that does not resonate with                    coverage that was structured to support               chapter 35).
                                                electronic document processes. No                       processes for and distribution of paper
                                                respondents submitted public                            files and paper copies and to add                     List of Subjects in 48 CFR Parts 204 and
                                                comments in response to the proposed                    coverage reflecting current electronic                237
                                                rule.                                                   processes.                                              Government procurement.
                                                                                                           This final rule amends the DFARS to
                                                II. Discussion and Analysis                                                                                   Jennifer L. Hawes,
                                                                                                        make the following changes:
                                                   There are some minor editorial                          • DFARS 204.201, paragraph (a),                    Editor, Defense Acquisition Regulations
                                                changes made from the proposed rule in                  clarifies that contracting officers shall             System.
                                                the final rule to clarify the distribution              distribute one signed copy or                           Therefore, 48 CFR parts 204 and 237
                                                of signed contract copies to contractors,               reproduction of the signed contract to                are amended as follows:
                                                uploading of certain contract                           the contractor in lieu of the                         ■ 1. The authority citation for 48 CFR
                                                attachments into EDA, and what                          requirements at FAR 4.201(a).                         parts 204 and 237 continues to read as
                                                constitutes an original signature.                         • DFARS 204.270, Electronic                        follows:
                                                Accordingly, paragraph (a) is added to                  Document Access, states the policy that
                                                                                                                                                                Authority: 41 U.S.C. 1303 and 48 CFR
                                                DFARS 204.201 to clarify that                           the Electronic Data Access (EDA)                      chapter 1.
                                                contracting officers shall distribute one               System, an online repository for
                                                signed copy or reproduction of the                      contractual instruments and supporting                PART 204—ADMINISTRATIVE
                                                signed contract to the contractor in lieu               documents, is DoD’s primary tool for                  MATTERS
                                                of the requirements at FAR 4.201(a).                    electronic distribution of contractual
                                                DFARS 204.270–1, paragraph (a), and                     documents. The rule provides that                     ■ 2. Amend section 204.201 by adding
                                                204.802, paragraph (a), now include                     contract attachments that are classified,             paragraph (a) to read as follows:
                                                statements that contract attachments                    are too sensitive for widespread
                                                that are classified, are too sensitive for                                                                    204.201    Procedures.
                                                                                                        distribution, or cannot be practicably
                                                widespread distribution, or cannot be                   converted to electronic format should be              *     *     *      *    *
                                                practicably converted to electronic                     provided by separate cover and not                      (a) In lieu of the requirement at FAR
                                                format should be provided by separate                   uploaded into EDA. This section also                  4.201 (a), contracting officers shall
                                                cover and not uploaded into EDA.                        provides policy that agencies have                    distribute one signed copy or
                                                Additionally, section 204.802,                          certain responsibilities when posting                 reproduction of the signed contract to
                                                paragraph (f) is added to state that a                  documents to EDA, to include internal                 the contractor.
                                                photocopy, facsimile, electronic,                       control procedures that ensure
                                                                                                                                                              204.270    [Amended]
                                                mechanically-applied and printed                        electronic copies of contract documents
                                                signature, seal, and date are considered                and data in EDA are accurate                          ■ 3. Amend section 204.270 by
                                                to be an original signature, seal, and                  representations of original documents.                removing the text.
                                                date.                                                      • DFARS 204.802, Contract Files, is                ■ 4. Add sections 204.270–1 and
                                                                                                        revised. The language in this section,                204.270–2 to subpart 204.2 to read as
                                                III. Executive Orders 12866 and 13563
                                                                                                        which addresses contract file                         follows:
                                                   Executive Orders (E.O.s) 12866 and                   requirements for authenticating and
                                                13563 direct agencies to assess all costs               conforming paper documents and                        204.270–1    Policy.
                                                and benefits of available regulatory                    copies, is being removed as it is                        (a) The Electronic Document Access
                                                alternatives and, if regulation is                      outdated. A new paragraph (a) is being                (EDA) system, an online repository for
                                                necessary, to select regulatory                         added, providing that electronic                      contractual instruments and supporting
                                                approaches that maximize net benefits                   documents posted to the EDA system                    documents, is DoD’s primary tool for
                                                (including potential economic,                          are a part of the contract file.                      electronic distribution of contract
                                                environmental, public health and safety                 Additionally, paragraph (f) is added to               documents and contract data. Contract
                                                effects, distributive impacts, and                      state that a photocopy, facsimile,                    attachments shall be uploaded to EDA,
                                                equity). E.O. 13563 emphasizes the                      electronic, mechanically-applied and                  except for contract attachments that are
                                                importance of quantifying both costs                    printed signature, seal, and date are                 classified, are too sensitive for
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                                                and benefits, of reducing costs, of                     considered to be an original signature,               widespread distribution (e.g., personally
                                                harmonizing rules, and of promoting                     seal, and date.                                       identifiable information and Privacy Act
                                                flexibility. This is not a significant                     No comments were received from the                 and Health Insurance Portability and
                                                regulatory action and, therefore, was not               public in response to the initial                     Accountability Act, or cannot be
                                                subject to review under section 6(b) of                 regulatory flexibility analysis.                      practicably converted to electronic
                                                E.O. 12866, Regulatory Planning and                        There will be little, if any, impact on            format (e.g., samples, drawings, and
                                                Review, dated September 30, 1993. This                  small entities as this rule primarily                 models). Section J (or similar location


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                                                58632        Federal Register / Vol. 80, No. 189 / Wednesday, September 30, 2015 / Rules and Regulations

                                                when the Uniform Contract Format is                     objectives for solicitations and contracts            that a procurement policy, regulation,
                                                not used) shall include the annotation                  for services. These plans should be                   procedure or form (including an
                                                ‘‘provided under separate cover’’ for any               tailored to address the performance                   amendment or modification thereof)
                                                attachment not uploaded to EDA.                         risks inherent in the specific contract               must be published for public comment
                                                   (b) Agencies are responsible for                     type and the work effort addressed by                 if it has either a significant effect
                                                ensuring the following when posting                     the contract. (See FAR subpart 46.4.)                 beyond the internal operating
                                                documents, including contractual                        Retain quality assurance surveillance                 procedures of the agency issuing the
                                                instruments, to EDA—                                    plans in the contract file. See http://               policy, regulation, procedure or form, or
                                                   (1) The timely distribution of                       sam.dau.mil, Step Four—Requirements                   has a significant cost or administrative
                                                documents; and                                          Definition, for examples of quality                   impact on contractors or offerors. This
                                                   (2) That internal controls are in place              assurance surveillance plans.                         final rule is not required to be published
                                                to ensure that—                                         [FR Doc. 2015–24785 Filed 9–29–15; 8:45 am]
                                                   (i) The electronic version of a contract                                                                   for public comment, because the DFARS
                                                document in EDA is an accurate
                                                                                                        BILLING CODE 5001–06–P                                sections are being renumbered merely to
                                                representation of the contract; and                                                                           conform to the FAR sections and the
                                                   (ii) The contract data in EDA is an                                                                        DFARS section titles are being modified
                                                                                                        DEPARTMENT OF DEFENSE
                                                accurate representation of the                                                                                to conform to the FAR section titles. The
                                                underlying contract.                                    Defense Acquisition Regulations                       content of the DFARS sections remains
                                                                                                        System                                                unchanged. This will alleviate any
                                                204.270–2    Procedures.                                                                                      confusion the contracting officers may
                                                  The procedures at PGI 204.270–2                       48 CFR Part 232                                       have and aid in moving between the two
                                                provide details on how to record the                                                                          regulations with ease. These
                                                results of data verification in EDA.                    [Docket No. DARS 2015–0047]
                                                                                                                                                              requirements affect only the internal
                                                When these procedures are followed,                     RIN 0750–AI70                                         operating procedures of the
                                                contract documents in EDA are an                                                                              Government.
                                                accurate representation of the contract                 Defense Federal Acquisition
                                                and therefore may be used for audit                     Regulation Supplement: Contract                       III. Executive Orders 12866 and 13563
                                                purposes.                                               Debts—Conform to FAR Section
                                                                                                        Designations (DFARS Case 2015–                           Executive Orders (E.O.s) 12866 and
                                                ■ 5. Revise section 204.802 to read as                                                                        13563 direct agencies to assess all costs
                                                follows:                                                D029)
                                                                                                                                                              and benefits of available regulatory
                                                204.802    Contract files.
                                                                                                        AGENCY:  Defense Acquisition                          alternatives and, if regulation is
                                                                                                        Regulations System, Department of                     necessary, to select regulatory
                                                   (a) Any document posted to the                       Defense (DoD).
                                                Electronic Document Access (EDA)                                                                              approaches that maximize net benefits
                                                                                                        ACTION: Final rule.                                   (including potential economic,
                                                system is part of the contract file and is
                                                accessible by multiple parties, including               SUMMARY:  DoD is issuing a final rule                 environmental, public health and safety
                                                the contractor. Do not include in EDA                   amending the Defense Federal                          effects, distributive impacts, and
                                                contract documents that are classified,                 Acquisition Regulation Supplement                     equity). E.O. 13563 emphasizes the
                                                too sensitive for widespread distribution               (DFARS) subpart on contract debts to                  importance of quantifying both costs
                                                (e.g., personally identifiable information              conform with the comparable Federal                   and benefits, of reducing costs, of
                                                and Privacy Act and Health Insurance                    Acquisition Regulation (FAR) subpart.                 harmonizing rules, and of promoting
                                                Portability and Accountability Act), or                 DATES: Effective September 30, 2015.                  flexibility. This is not a significant
                                                attachments that cannot be practicably                                                                        regulatory action and, therefore, was not
                                                                                                        FOR FURTHER INFORMATION CONTACT: Ms.
                                                converted to electronic format (e.g.,                                                                         subject to review under section 6(b) of
                                                                                                        Julie Hammond, telephone 571–372–
                                                samples, drawings, and models).                                                                               E.O. 12866, Regulatory Planning and
                                                                                                        6174.
                                                Inclusion of any document in EDA other                                                                        Review, dated September 30, 1993. This
                                                than contracts, modifications, and                      SUPPLEMENTARY INFORMATION:
                                                                                                                                                              rule is not a major rule under 5 U.S.C.
                                                orders is optional.                                     I. Background                                         804.
                                                   (f) A photocopy, facsimile, electronic,
                                                mechanically-applied and printed                           DoD is amending the numbering                      IV. Regulatory Flexibility Act
                                                signature, seal, and date are considered                structure for various sections in DFARS
                                                to be an original signature, seal, and                  subpart 232.6 and revising section                      The Regulatory Flexibility Act does
                                                date.                                                   headings, where appropriate, in order to              not apply to this rule because this final
                                                                                                        conform with the FAR. This change will                rule does not constitute a significant
                                                204.805    [Amended]                                    align the DFARS with the same coverage                DFARS revision within the meaning of
                                                                                                        in the FAR. No changes are made                       FAR 1.501–1, and 41 U.S.C. 1707 does
                                                ■ 6. Amend section 204.805, paragraph
                                                                                                        beyond the redesignation of DFARS                     not require publication for public
                                                (1), by removing ‘‘official contract files’’
                                                                                                        subpart 232.6 section numbers and the                 comment.
                                                and adding ‘‘contract files’’ in its place.
                                                                                                        conformation of DFARS section
                                                                                                        headings to the FAR.                                  V. Paperwork Reduction Act
                                                PART 237—SERVICE CONTRACTING
                                                                                                        II. Publication of This Final Rule for                  The rule does not contain any
                                                ■ 7. Revise section 237.172 to read as
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                                                                                                        Public Comment Is Not Required by                     information collection requirements that
                                                follows:                                                Statute                                               require the approval of the Office of
                                                237.172    Service contracts surveillance.                 ‘‘Publication of proposed                          Management and Budget under the
                                                  Ensure that quality assurance                         regulations’’, 41 U.S.C. 1707, is the                 Paperwork Reduction Act (44 U.S.C.
                                                surveillance plans are prepared in                      statute which applies to the publication              chapter 35).
                                                conjunction with the preparation of the                 of the Federal Acquisition Regulation.
                                                statement of work or statement of                       Paragraph (a)(1) of the statute requires


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Document Created: 2015-12-15 09:31:37
Document Modified: 2015-12-15 09:31:37
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 September 30, 2015.
ContactMs. Tresa Sullivan, telephone 571-372- 6089.
FR Citation80 FR 58630 
RIN Number0750-AI29
CFR Citation48 CFR 204
48 CFR 237

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