81 FR 28729 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System

Federal Register Volume 81, Issue 90 (May 10, 2016)

Page Range		28729-28730
FR Document		2016-10830

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

Federal Register, Volume 81 Issue 90 (Tuesday, May 10, 2016)

[Federal Register Volume 81, Number 90 (Tuesday, May 10, 2016)]
[Rules and Regulations]
[Pages 28729-28730]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-10830]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 215, 216, and 225


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 May 10, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room

[[Page 28730]]

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. Corrects cross references at DFARS 212.301(f)(xvi), Acquisition 
of Information Technology, in paragraphs (A) and (B);
    2. Directs contracting officers to additional DFARS Procedures, 
Guidance, and Information (PGI) by adding a cross reference at DFARS 
215.300 and updates the date of the Director, Defense Procurement and 
Acquisition Policy memorandum entitled ``Department of Defense Source 
Selection Procedures'';
    3. Corrects a threshold at DFARS 215.408(3)(ii)(A)(1)(i) to reflect 
$750,000 in lieu of $700,000 that was inadvertently omitted in the 
inflation adjustment DFARS Case 2014-D025 published in the Federal 
Register at 80 FR 36903;
    4. Adds DFARS section 216.104 to provide guidance concerning 
selection and negotiation of the most appropriate contract type and 
also directs contracting officers to additional PGI coverage.
    5. Redesignates paragraphs within DFARS 225.7003-2 to add a new 
paragraph (b) to provide an internet link for more information on 
specialty metals restrictions and reporting of noncompliances.

List of Subjects in 48 CFR 212, 215, 216, and 225

    Government procurement.

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

    Therefore, 48 CFR parts 212, 215, 216, and 225 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 212, 215, 216, and 225 
continues to read as follows:

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

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [AMENDED]

0
2. Amend section 212.301, in paragraphs (f)(xvi)(A) and (B), by 
removing ``239.7603(a)'' and ``239.7603(b)'' and adding ``239.7604(a)'' 
and ``239.7604(b)'' in each place, respectively.

PART 215--CONTRACTING BY NEGOTIATION

0
3. Revise section 215.300 to read as follows:


215.300  Scope of subpart.

    Contracting officers shall follow the principles and procedures in 
Director, Defense Procurement and Acquisition Policy memorandum dated 
April 1, 2016, entitled ``Department of Defense Source Selection 
Procedures,'' when conducting negotiated, competitive acquisitions 
utilizing FAR part 15 procedures. See PGI 215.300.


215.408  [AMENDED]

0
4. Amend section 215.408, in paragraph (3)(ii)(A)(1)(i), by removing 
``$700,000'' and adding ``$750,000'' in its place.

PART 216--TYPES OF CONTRACTS

0
5. Add section 216.104 to read as follows:


216.104  Factors in selecting contract type.

    Contracting officers shall follow the principles and procedures in 
Director, Defense Procurement and Acquisition Policy memorandum dated 
April 1, 2016, entitled ``Guidance on Using Incentive and Other 
Contract Types,'' when selecting and negotiating the most appropriate 
contract type for a given procurement. See PGI 216.104.

PART 225--FOREIGN ACQUISITION

0
6. Amend section 225.7003-2 by--
0
a. Redesignating paragraphs (a) and (b) as (1) and (2), respectively;
0
b. Designating the introductory text as paragraph (a);
0
c. In the newly redesignated paragraph (1), redesignating paragraphs 
(1) through (6) as paragraphs (i) through (vi), respectively; and
0
d. Adding paragraph (b).
    The addition reads as follows:


225.7003-2  Restrictions.

* * * * *
    (b) For more information on specialty metals restrictions and 
reporting of noncompliances, see http://www.acq.osd.mil/dpap/cpic/ic/restrictions_on_specialty_metals_10_usc_2533b.html.

[FR Doc. 2016-10830 Filed 5-9-16; 8:45 am]
 BILLING CODE 5001-06-P

Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations 28729

commercial, financial, proprietary, or Litigation support contractor means a listings, object code listings, design
privileged nature. The term includes contractor (including its experts, details, algorithms, processes, flow
technical data and computer software, technical consultants, subcontractors, charts, formulae, and related material
but does not include information that is and suppliers) providing litigation that would enable the software to be
lawfully, publicly available without support under a contract that contains reproduced, recreated, or recompiled.
restriction. this clause. Computer software does not include
Technical data means recorded Sensitive information means computer data bases or computer
information, regardless of the form or controlled unclassified information of a software documentation.
method of the recording, of a scientific commercial, financial, proprietary, or Litigation support means
or technical nature (including computer privileged nature. The term includes administrative, technical, or
software documentation). The term does technical data and computer software, professional services provided in
not include computer software or data but does not include information that is support of the Government during or in
incidental to contract administration, lawfully, publicly available without anticipation of litigation.
such as financial and/or management restriction. Litigation support contractor means a
information. * * * * * contractor (including its experts,
(b) * * * (b) Limitations on use or disclosure of technical consultants, subcontractors,
(4) Upon completion of the authorized litigation information. Notwithstanding and suppliers) providing litigation
litigation support activities, the Offeror any other provision of this contract, the support under a contract that contains
will destroy or return to the Government Contractor shall— the clause at 252.204–7014, Limitations
at the request of the Contracting Officer (1) Access and use litigation on the Use or Disclosure of Information
all litigation information in its information only for the purpose of by Litigation Support Contractors.
possession. providing litigation support under this Sensitive information means
* * * * * contract; controlled unclassified information of a
■ 8. Amend section 252.204–7014 by— (2) Not disclose litigation information commercial, financial, proprietary, or
■ a. In the clause heading, removing the to any entity outside the Contractor’s privileged nature. The term includes
clause date ‘‘(FEB 2014)’’ and adding organization unless, prior to such technical data and computer software,
‘‘(MAY 2016)’’ in its place; disclosure the Contracting Officer has but does not include information that is
■ b. In paragraph (a), revising the provided written consent to such lawfully, publicly available without
introductory text and the definitions of disclosure; restriction.
‘‘Litigation information’’, ‘‘Litigation (3) Take all precautions necessary to Technical data means recorded
support contractor’’, and ‘‘Sensitive prevent unauthorized disclosure of information, regardless of the form or
information’’; litigation information; method of the recording, of a scientific
■ c. Revising paragraph (b); (4) Not use litigation information to or technical nature (including computer
■ d. Redesignating paragraphs (c), (d), compete against a third party for software documentation). The term does
and (e) as paragraphs (d), (e), and (f); Government or nongovernment not include computer software or data
■ e. Adding a new paragraph (c); contracts; and incidental to contract administration,
■ f. In newly redesignated paragraph (5) Upon completion of the authorized such as financial and/or management
(d)(2), removing ‘‘such data or software, litigation support activities, destroy or information.
for the unauthorized duplication, return to the Government at the request * * * * *
release, or disclosure’’ and adding ‘‘such of the Contracting Officer all litigation [FR Doc. 2016–10822 Filed 5–9–16; 8:45 am]
litigation information, for any such information in its possession. BILLING CODE 5001–06–P
unauthorized use or disclosure’’ in its (c) Violation of paragraph (b)(1),(b)(2),
place; and (b)(3), (b)(4), or (b)(5) of this clause is a
■ g. In newly redesignated paragraph (f), basis for the Government to terminate DEPARTMENT OF DEFENSE
removing ‘‘this paragraph (e)’’ and add this contract.
‘‘this paragraph (f)’’ in its place. * * * * * Defense Acquisition Regulations
The revisions and addition read as System
■ 9. Amend section 252.204–7015 by—
follows:
■ a. Revising the section heading,
252.204–7014 Limitations on the Use or introductory text, the clause heading, 48 CFR Parts 212, 215, 216, and 225
Disclosure of Information by Litigation and paragraph (a); and
Support Contractors. ■ b. In the paragraph (b) heading,
Defense Federal Acquisition
removing ‘‘Authorized disclosure’’ and Regulation Supplement; Technical
* * * * *
(a) Definitions. As used in this adding ‘‘Notice of authorized Amendments
clause— disclosures’’ in its place. AGENCY: Defense Acquisition
* * * * * The revision read as follows: Regulations System, Department of
Litigation information means any Defense (DoD).
252.204–7015 Notice of Authorized
information, including sensitive Disclosure of Information for Litigation ACTION: Final rule.
information, that is furnished to the Support.
contractor by or on behalf of the SUMMARY: DoD is making technical
As prescribed in 204.7403(c), use the amendments to the Defense Federal
Government, or that is generated or following clause:
obtained by the contractor in the Acquisition Regulation Supplement
performance of litigation support under Notice of Authorized Disclosure of (DFARS) to provide needed editorial
ehiers on DSK5VPTVN1PROD with RULES

a contract. The term does not include Information for Litigation Support (May changes.
information that is lawfully, publicly 2016) DATES: Effective May 10, 2016.
available without restriction, including (a) Definitions. As used in this FOR FURTHER INFORMATION CONTACT: Ms.
information contained in a publicly clause— Jennifer L. Hawes, Defense Acquisition
available solicitation. Computer software means computer Regulations System,
* * * * * programs, source code, source code OUSD(AT&L)DPAP(DARS), Room

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28730 Federal Register / Vol. 81, No. 90 / Tuesday, May 10, 2016 / Rules and Regulations

3B941, 3060 Defense Pentagon, PART 215—CONTRACTING BY DEPARTMENT OF DEFENSE
Washington, DC 20301–3060. NEGOTIATION
Telephone 571–372–6115; facsimile Defense Acquisition Regulations
571–372–6094. ■ 3. Revise section 215.300 to read as System
SUPPLEMENTARY INFORMATION: This final follows:
48 CFR Part 217
rule amends the DFARS as follows— 215.300 Scope of subpart. [Docket DARS–2015–0067]
1. Corrects cross references at DFARS
212.301(f)(xvi), Acquisition of Contracting officers shall follow the RIN 0750–AI80
Information Technology, in paragraphs principles and procedures in Director,
(A) and (B); Defense Procurement and Acquisition Defense Federal Acquisition
Policy memorandum dated April 1, Regulation Supplement: Multiyear
2. Directs contracting officers to 2016, entitled ‘‘Department of Defense Contract Requirements (DFARS Case
additional DFARS Procedures, 2015–D009)
Source Selection Procedures,’’ when
Guidance, and Information (PGI) by
conducting negotiated, competitive AGENCY: Defense Acquisition
adding a cross reference at DFARS
acquisitions utilizing FAR part 15 Regulations System, Department of
215.300 and updates the date of the
procedures. See PGI 215.300. Defense (DoD).
Director, Defense Procurement and
Acquisition Policy memorandum 215.408 [AMENDED] ACTION: Final rule.
entitled ‘‘Department of Defense Source
Selection Procedures’’; ■ 4. Amend section 215.408, in SUMMARY: DoD is issuing a final rule
paragraph (3)(ii)(A)(1)(i), by removing amending the Defense Federal
3. Corrects a threshold at DFARS Acquisition Regulation Supplement
215.408(3)(ii)(A)(1)(i) to reflect $750,000 ‘‘$700,000’’ and adding ‘‘$750,000’’ in
its place. (DFARS) to implement a section of the
in lieu of $700,000 that was National Defense Authorization Act for
inadvertently omitted in the inflation Fiscal Year 2015 and a section of the
adjustment DFARS Case 2014–D025 PART 216—TYPES OF CONTRACTS
Department of Defense Appropriations
published in the Federal Register at 80 Act, 2015, which address various
FR 36903; ■ 5. Add section 216.104 to read as
follows: requirements for multiyear contracts.
4. Adds DFARS section 216.104 to DATES: Effective May 10, 2016.
provide guidance concerning selection 216.104 Factors in selecting contract type. FOR FURTHER INFORMATION CONTACT: Mr.
and negotiation of the most appropriate Christopher Stiller, telephone 571–372–
Contracting officers shall follow the
contract type and also directs 6176.
contracting officers to additional PGI principles and procedures in Director,
Defense Procurement and Acquisition SUPPLEMENTARY INFORMATION:
coverage.
Policy memorandum dated April 1, I. Background
5. Redesignates paragraphs within 2016, entitled ‘‘Guidance on Using
DFARS 225.7003–2 to add a new Incentive and Other Contract Types,’’ DoD published a proposed rule in the
paragraph (b) to provide an internet link Federal Register at 80 FR 81499 on
when selecting and negotiating the most
for more information on specialty December 30, 2015, to amend the
appropriate contract type for a given
metals restrictions and reporting of DFARS to implement section 816 of the
procurement. See PGI 216.104.
noncompliances. National Defense Authorization Act for
PART 225—FOREIGN ACQUISITION Fiscal Year 2015 (Pub. L. 113–291) and
List of Subjects in 48 CFR 212, 215, 216,
section 8010 of the Department of
and 225
Defense Appropriations Act, 2015
■ 6. Amend section 225.7003–2 by—
Government procurement. (Division C, Title VIII of Pub. L. 113–
■ a. Redesignating paragraphs (a) and 235), which address various
Jennifer L. Hawes, (b) as (1) and (2), respectively; requirements for multiyear contracts.
Editor, Defense Acquisition Regulations ■ b. Designating the introductory text as There were no public comments
System. paragraph (a); submitted in response to the proposed
rule. There are no changes from the
Therefore, 48 CFR parts 212, 215, 216, ■ c. In the newly redesignated
proposed rule made in the final rule.
and 225 are amended as follows: paragraph (1), redesignating paragraphs
(1) through (6) as paragraphs (i) through II. Applicability to Contracts at or
■ 1. The authority citation for 48 CFR Below the Simplified Acquisition
(vi), respectively; and
parts 212, 215, 216, and 225 continues Threshold (SAT) and for Commercial
to read as follows: ■ d. Adding paragraph (b).
Items, Including Commercially
Authority: 41 U.S.C. 1303 and 48 CFR The addition reads as follows: Available Off-the-Shelf (COTS) Items
chapter 1. This rule does not add any new
225.7003–2 Restrictions.
* * * * * provisions or clauses or impact any
PART 212—ACQUISITION OF
existing provisions or clauses.
COMMERCIAL ITEMS (b) For more information on specialty
metals restrictions and reporting of III. Executive Orders 12866 and 13563
212.301 [AMENDED]
noncompliances, see http:// Executive Orders (E.O.s) 12866 and
ehiers on DSK5VPTVN1PROD with RULES

■ 2. Amend section 212.301, in www.acq.osd.mil/dpap/cpic/ic/ 13563 direct agencies to assess all costs
paragraphs (f)(xvi)(A) and (B), by restrictions_on_specialty_metals_10_ and benefits of available regulatory
removing ‘‘239.7603(a)’’ and usc_2533b.html. alternatives and, if regulation is
‘‘239.7603(b)’’ and adding ‘‘239.7604(a)’’ [FR Doc. 2016–10830 Filed 5–9–16; 8:45 am] necessary, to select regulatory
and ‘‘239.7604(b)’’ in each place, BILLING CODE 5001–06–P
approaches that maximize net benefits
respectively. (including potential economic,

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Document Created: 2016-05-10 05:18:28
Document Modified: 2016-05-10 05:18:28

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 May 10, 2016.
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.
FR Citation		81 FR 28729
CFR Citation		48 CFR 212 48 CFR 215 48 CFR 216 48 CFR 225

81 FR 28729 - Defense Federal Acquisition Regulation Supplement; Technical Amendments

DEPARTMENT OF DEFENSEDefense Acquisition Regulations System

Federal Register Volume 81, Issue 90 (May 10, 2016)

DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System