80_FR_67464 80 FR 67254 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

80 FR 67254 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 80, Issue 210 (October 30, 2015)

Page Range67254-67255
FR Document2015-27473

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

Federal Register, Volume 80 Issue 210 (Friday, October 30, 2015)
[Federal Register Volume 80, Number 210 (Friday, October 30, 2015)]
[Rules and Regulations]
[Pages 67254-67255]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-27473]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 206, 208, 215, 216, 222, 225, 237, and 252


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

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

ACTION: Final rule.

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

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

DATES: Effective October 30, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; 
facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as 
follows--
    1. Directs contracting officers to additional DFARS Procedures, 
Guidance, and Information (PGI) by adding a cross reference at DFARS 
201.106 to the PGI list of information collection and recordkeeping 
requirements that have been approved by the Office of Management and 
Budget for DFARS requirements;
    2. Directs contracting officers to DFARS PGI coverage by adding a 
reference at DFARS 206.305 to provide further guidance concerning 
justification and approval documents;
    3. Updates cross references at DFARS 208.404(a)(ii), 216.505(1), 
and 237.170-2(b) by removing ``217.78'' and adding ``217.7'' in each 
place to conform to changes made in the Federal Register final rule 80 
FR 51750 published on August 26, 2015;
    4. Removes references at DFARS 215.404-76 and DFARS 222.101-3-70 to 
obsolete internal DoD reporting requirements;
    5. Conforms the DFARS subpart 222.13 heading to the Federal 
Acquisition Regulation (FAR) heading;
    6. Updates, at DFARS 222.1310(a)(1), the title of FAR clause 
52.222-35 to conform to the FAR title;
    7. Updates hyperlinks at DFARS 225.301-4(2) and 252.225-7040; and
    8. Corrects a typographical error at DFARS 225.7002-3.

[[Page 67255]]

List of Subjects in 48 CFR 201, 206, 208, 215, 216, 222, 225, 237, 
and 252

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 201, 206, 208, 215, 216, 222, 225, 237, and 
252 are amended as follows:

0
1. The authority citation for 48 CFR parts 201, 206, 208, 215, 216, 
222, 225, 237, and 252 continues to read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Add section 201.106 to read as follows:


201.106  OMB approval under the Paperwork Reduction Act.

    See PGI 201.106 for a list of the information collection and 
recordkeeping requirements contained in this regulation that have been 
approved by the Office of Management and Budget.

PART 206--COMPETITION REQUIREMENTS

0
3. Add section 206.305 to read as follows:


206.305  Availability of the justification.

    See PGI 206.305 for further guidance on the requirements for 
preparing, obtaining approval, and posting justification and approval 
documents for contracts awarded using the authority of FAR 6.302-2.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES


208.404  [Amended]

0
4. In section 208.404, amend paragraph (a)(ii) by removing ``217.78'' 
and adding ``217.7'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.404-76  [Removed]

0
5. Remove section 215.404-76.

PART 216--TYPES OF CONTRACTS


216.505  [Amended]

0
6. In section 216.505, amend paragraph (1) by removing ``Subpart 
217.78'' and adding ``subpart 217.7'' in its place.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


222.101-3-70  [Amended]

0
7. In section 222.101-3-70, amend paragraph (b) by removing the last 
sentence in the paragraph.

0
8. Revise the subpart 222.13 heading to read as follows:

Subpart 222.13--Equal Opportunity for Veterans


222.1310   [Amended]

0
9. In section 222.1310, amend paragraph (a)(1), by removing ``FAR 
52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of 
the Vietnam Era, and Other Eligible Veterans'' and adding ``FAR 52.222-
35, Equal Opportunity for Veterans'' in its place.

PART 225--FOREIGN ACQUISITION


225.301-4  [Amended]

0
10. In section 225.301-4, amend paragraph (2), by--
0
a. Removing ``http://www.dod.mil/bta/products/spot.html'' and adding 
``https://spot.dmdc.mil'' in its place; and
0
b. Removing ``http://www.acq.osd.mil/log/PS/spot.html'' and adding 
``http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html'' in its 
place.


225.7002-3  [Amended]

0
11. Amend section 225.7002-3 introductory text by removing ``223.7002-
2'' and adding ``225.7002-2'' in its place.

PART 237--SERVICE CONTRACTING


237.170-2  [Amended]

0
12. In section 237.170-2, amend paragraph (b) by removing ``Subpart 
217.78'' and adding ``subpart 217.7'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7040  [Amended]

0
13. Amend section 252.225-7040 by--
0
a. Removing the clause date ``(AUG 2015)'' and adding ``(OCT 2015)'' in 
its place; and
0
b. Amending paragraph (g)(2) by removing ``SPOT business rules.'' and 
adding ``SPOT Business Rules at http://www.acq.osd.mil/log/PS/ctr_mgt_accountability.html.'' in its place.

[FR Doc. 2015-27473 Filed 10-29-15; 8:45 am]
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                                             67254             Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations

                                             III. Executive Orders 12866 and 13563                   252.225–7017       [Amended]                          DEPARTMENT OF DEFENSE
                                                Executive Orders (E.O.s) 12866 and                   ■  2. Amend section 252.225–7017,
                                                                                                     paragraph (a), in the definition of                   Defense Acquisition Regulations
                                             13563 direct agencies to assess all costs                                                                     System
                                             and benefits of available regulatory                    ‘‘Designated country’’ in paragraph (i),
                                             alternatives and, if regulation is                      by adding, in alphabetical order, the
                                                                                                     countries of ‘‘Montenegro’’ and ‘‘New                 48 CFR Parts 201, 206, 208, 215, 216,
                                             necessary, to select regulatory                                                                               222, 225, 237, and 252
                                             approaches that maximize net benefits                   Zealand’’.
                                             (including potential economic,                          252.225–7021       [Amended]                          Defense Federal Acquisition
                                             environmental, public health and safety                                                                       Regulation Supplement; Technical
                                             effects, distributive impacts, and                      ■  3. Amend section 252.225–7021 by—                  Amendments
                                             equity). E.O. 13563 emphasizes the                      ■  a. Removing the clause date ‘‘(NOV
                                             importance of quantifying both costs                    2014)’’ and adding ‘‘(OCT 2015)’’ in its              AGENCY:  Defense Acquisition
                                             and benefits, of reducing costs, of                     place;                                                Regulations System, Department of
                                             harmonizing rules, and of promoting                     ■ b. In paragraph (a), in the definition of           Defense (DoD).
                                             flexibility. This is not a significant                  ‘‘Designated country’’ in paragraph (i),              ACTION: Final rule.
                                             regulatory action and, therefore, was not               adding, in alphabetical order, the
                                             subject to review under Section 6(b) of                 countries of ‘‘Montenegro’’ and ‘‘New                 SUMMARY:  DoD is making technical
                                             E.O. 12866, Regulatory Planning and                     Zealand’’;                                            amendments to the Defense Federal
                                             Review, dated September 30, 1993. This                  ■ c. In Alternate II:                                 Acquisition Regulation Supplement
                                             rule is not a major rule under 5 U.S.C.                 ■ i. Removing the clause date ‘‘(NOV                  (DFARS) to provide needed editorial
                                             804.                                                    2014)’’ and adding ‘‘(OCT 2015)’’ in its              changes.
                                                                                                     place; and                                            DATES:   Effective October 30, 2015.
                                             IV. Regulatory Flexibility Act                          ■ ii. In paragraph (a), in the definition
                                                                                                                                                           FOR FURTHER INFORMATION CONTACT:      Ms.
                                               The Regulatory Flexibility Act does                   of ‘‘Designated country’’ in paragraph                Jennifer L. Hawes, Defense Acquisition
                                             not apply to this rule because this final               (i), adding, in alphabetical order, the               Regulations System,
                                             rule does not constitute a significant                  countries of ‘‘Montenegro’’ and ‘‘New                 OUSD(AT&L)DPAP(DARS), Room
                                             FAR revision within the meaning of                      Zealand’’.                                            3B941, 3060 Defense Pentagon,
                                             FAR 1.501–1, and 41 U.S.C. 1707 does                    252.225–7045       [Amended]                          Washington, DC 20301–3060.
                                             not require publication for public                                                                            Telephone 571–372–6115; facsimile
                                             comment.                                                ■  4. Amend section 252.225–7045 by—                  571–372–6094.
                                                                                                     ■  a. Removing the clause date ‘‘(NOV
                                                                                                                                                           SUPPLEMENTARY INFORMATION: This final
                                             V. Paperwork Reduction Act                              2014)’’ and adding ‘‘(OCT 2015)’’ in its
                                                                                                                                                           rule amends the DFARS as follows—
                                                                                                     place;
                                               The Paperwork Reduction Act does                                                                               1. Directs contracting officers to
                                                                                                     ■ b. In paragraph (a), in the definition of
                                             apply, because the rule affects the                                                                           additional DFARS Procedures,
                                                                                                     ‘‘Designated country’’ in paragraph (i),
                                             certification and information collection                                                                      Guidance, and Information (PGI) by
                                                                                                     adding, in alphabetical order, the
                                             requirement in the provisions at DFARS                                                                        adding a cross reference at DFARS
                                                                                                     countries of ‘‘Montenegro’’ and ‘‘New
                                             252.225–7018, Photovoltaic Devices-                                                                           201.106 to the PGI list of information
                                                                                                     Zealand’’;
                                             Certificate and 252.225–7020, Trade                                                                           collection and recordkeeping
                                                                                                     ■ c. In Alternate I:
                                             Agreements Certificate, currently                                                                             requirements that have been approved
                                                                                                     ■ i. Removing the clause date ‘‘(NOV
                                             approved under OMB clearance 0704–                                                                            by the Office of Management and
                                                                                                     2014)’’ and adding ‘‘(OCT 2015)’’ in its              Budget for DFARS requirements;
                                             0229 (expiring March 31, 2017, DFARS
                                                                                                     place; and                                               2. Directs contracting officers to
                                             Part 225, Foreign Acquisition, and
                                                                                                     ■ ii. In paragraph (a), in the definition
                                             associated clauses). DFARS provisions                                                                         DFARS PGI coverage by adding a
                                                                                                     of ‘‘Designated country’’ in paragraph                reference at DFARS 206.305 to provide
                                             252.225–7018 and 252.225–7020 rely on
                                                                                                     (i), adding, in alphabetical order, the               further guidance concerning
                                             the definition of ‘‘designated country’’
                                                                                                     countries of ‘‘Montenegro’’ and ‘‘New                 justification and approval documents;
                                             in DFARS 252.225–7017 and 252.225–
                                                                                                     Zealand’’.                                               3. Updates cross references at DFARS
                                             7021, which now includes Montenegro
                                                                                                     ■ d. In Alternate II:
                                             and New Zealand. The impact of this                                                                           208.404(a)(ii), 216.505(1), and 237.170–
                                                                                                     ■ i. Removing the clause date ‘‘(NOV
                                             rule, however, is negligible.                                                                                 2(b) by removing ‘‘217.78’’ and adding
                                                                                                     2014)’’ and adding ‘‘(OCT 2015)’’ in its              ‘‘217.7’’ in each place to conform to
                                             List of Subjects in 48 CFR Part 252                     place; and                                            changes made in the Federal Register
                                             Government procurement.                                 ■ ii. In paragraph (a), in the definition             final rule 80 FR 51750 published on
                                                                                                     of ‘‘Designated country’’ in paragraph                August 26, 2015;
                                             Jennifer L. Hawes,                                      (i), adding, in alphabetical order, the                  4. Removes references at DFARS
                                             Editor, Defense Acquisition Regulations                 countries of ‘‘Montenegro’’ and ‘‘New
                                             System.
                                                                                                                                                           215.404–76 and DFARS 222.101–3–70
                                                                                                     Zealand’’.                                            to obsolete internal DoD reporting
                                               Therefore, 48 CFR part 252 is                         ■ e. In Alternate III:                                requirements;
                                             amended as follows:                                     ■ i. Removing the clause date ‘‘(NOV                     5. Conforms the DFARS subpart
                                                                                                     2014)’’ and adding ‘‘(OCT 2015)’’ in its              222.13 heading to the Federal
                                             PART 252—SOLICITATION                                   place; and                                            Acquisition Regulation (FAR) heading;
                                             PROVISIONS AND CONTRACT                                 ■ ii. In paragraph (a), in the definition                6. Updates, at DFARS 222.1310(a)(1),
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                                             CLAUSES                                                 of ‘‘Designated country’’ in paragraph                the title of FAR clause 52.222–35 to
                                                                                                     (i), adding, in alphabetical order, the               conform to the FAR title;
                                             ■ 1. The authority citation for 48 CFR                  countries of ‘‘Montenegro’’ and ‘‘New                    7. Updates hyperlinks at DFARS
                                             part 252 continues to read as follows:                  Zealand’’.                                            225.301–4(2) and 252.225–7040; and
                                               Authority: 41 U.S.C. 1303 and 48 CFR                  [FR Doc. 2015–27471 Filed 10–29–15; 8:45 am]             8. Corrects a typographical error at
                                             chapter 1.                                              BILLING CODE 5001–06–P                                DFARS 225.7002–3.


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                                                               Federal Register / Vol. 80, No. 210 / Friday, October 30, 2015 / Rules and Regulations                                             67255

                                             List of Subjects in 48 CFR 201, 206, 208,               PART 208—REQUIRED SOURCES OF                          PART 225—FOREIGN ACQUISITION
                                             215, 216, 222, 225, 237, and 252                        SUPPLIES AND SERVICES
                                                                                                                                                           225.301–4    [Amended]
                                                 Government procurement.                             208.404     [Amended]
                                                                                                                                                           ■  10. In section 225.301–4, amend
                                             Jennifer L. Hawes,                                      ■ 4. In section 208.404, amend                        paragraph (2), by—
                                             Editor, Defense Acquisition Regulations                 paragraph (a)(ii) by removing ‘‘217.78’’              ■ a. Removing ‘‘http://www.dod.mil/
                                             System.                                                 and adding ‘‘217.7’’ in its place.                    bta/products/spot.html’’ and adding
                                               Therefore, 48 CFR parts 201, 206, 208,                                                                      ‘‘https://spot.dmdc.mil’’ in its place;
                                             215, 216, 222, 225, 237, and 252 are                    PART 215—CONTRACTING BY                               and
                                             amended as follows:                                     NEGOTIATION                                           ■ b. Removing ‘‘http://www.acq.osd.mil/
                                             ■ 1. The authority citation for 48 CFR                  215.404–76        [Removed]                           log/PS/spot.html’’ and adding ‘‘http://
                                             parts 201, 206, 208, 215, 216, 222, 225,                                                                      www.acq.osd.mil/log/PS/ctr_mgt_
                                                                                                     ■   5. Remove section 215.404–76.                     accountability.html’’ in its place.
                                             237, and 252 continues to read as
                                             follows:                                                PART 216—TYPES OF CONTRACTS                           225.7002–3    [Amended]
                                               Authority: 41 U.S.C. 1303 and 48 CFR
                                             chapter 1.                                              216.505     [Amended]                                 ■  11. Amend section 225.7002–3
                                                                                                     ■  6. In section 216.505, amend                       introductory text by removing
                                             PART 201—FEDERAL ACQUISITION                            paragraph (1) by removing ‘‘Subpart                   ‘‘223.7002–2’’ and adding ‘‘225.7002–2’’
                                             REGULATIONS SYSTEM                                      217.78’’ and adding ‘‘subpart 217.7’’ in              in its place.
                                                                                                     its place.
                                             ■ 2. Add section 201.106 to read as                                                                           PART 237—SERVICE CONTRACTING
                                             follows:                                                PART 222—APPLICATION OF LABOR                         237.170–2    [Amended]
                                             201.106 OMB approval under the                          LAWS TO GOVERNMENT
                                                                                                     ACQUISITIONS                                          ■  12. In section 237.170–2, amend
                                             Paperwork Reduction Act.
                                                                                                                                                           paragraph (b) by removing ‘‘Subpart
                                               See PGI 201.106 for a list of the                     222.101–3–70       [Amended]                          217.78’’ and adding ‘‘subpart 217.7’’ in
                                             information collection and                                                                                    its place.
                                                                                                     ■ 7. In section 222.101–3–70, amend
                                             recordkeeping requirements contained
                                                                                                     paragraph (b) by removing the last
                                             in this regulation that have been                                                                             PART 252—SOLICITATION
                                                                                                     sentence in the paragraph.
                                             approved by the Office of Management                                                                          PROVISIONS AND CONTRACT
                                             and Budget.                                             ■ 8. Revise the subpart 222.13 heading                CLAUSES
                                                                                                     to read as follows:
                                             PART 206—COMPETITION                                                                                          252.225–7040      [Amended]
                                             REQUIREMENTS                                            Subpart 222.13—Equal Opportunity for
                                                                                                     Veterans                                              ■ 13. Amend section 252.225–7040 by—
                                                                                                                                                           ■ a. Removing the clause date ‘‘(AUG
                                             ■ 3. Add section 206.305 to read as                     222.1310     [Amended]                                2015)’’ and adding ‘‘(OCT 2015)’’ in its
                                             follows:
                                                                                                     ■ 9. In section 222.1310, amend                       place; and
                                             206.305    Availability of the justification.           paragraph (a)(1), by removing ‘‘FAR                   ■ b. Amending paragraph (g)(2) by
                                               See PGI 206.305 for further guidance                  52.222–35, Equal Opportunity for                      removing ‘‘SPOT business rules.’’ and
                                             on the requirements for preparing,                      Special Disabled Veterans, Veterans of                adding ‘‘SPOT Business Rules at http://
                                             obtaining approval, and posting                         the Vietnam Era, and Other Eligible                   www.acq.osd.mil/log/PS/ctr_mgt_
                                             justification and approval documents                    Veterans’’ and adding ‘‘FAR 52.222–35,                accountability.html.’’ in its place.
                                             for contracts awarded using the                         Equal Opportunity for Veterans’’ in its               [FR Doc. 2015–27473 Filed 10–29–15; 8:45 am]
                                             authority of FAR 6.302–2.                               place.                                                BILLING CODE 5001–06–P
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Document Created: 2015-12-14 15:29:13
Document Modified: 2015-12-14 15:29:13
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 October 30, 2015.
ContactMs. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; facsimile 571-372-6094.
FR Citation80 FR 67254 
CFR Citation48 CFR 201
48 CFR 206
48 CFR 208
48 CFR 215
48 CFR 216
48 CFR 222
48 CFR 225
48 CFR 237
48 CFR 252

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