[Federal Register Volume 76, Number 108 (Monday, June 6, 2011)]
[Rules and Regulations]
[Pages 32840-32841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13648]



[[Page 32839]]

Vol. 76

Monday,

No. 108

June 6, 2011

Part IV





Department of Defense





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Defense Acquisition Regulations System



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48 CFR Parts 203, 204, 225, et al.



Defense Federal Acquisition Regulation Supplements; Final Rules and 
Proposed Rules

  Federal Register / Vol. 76 , No. 108 / Monday, June 6, 2011 / Rules 
and Regulations  

[[Page 32840]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203 and 252

RIN 0750-AG97


Defense Federal Acquisition Regulation Supplement; Agency Office 
of the Inspector General (DFARS Case 2011-D006)

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

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to make some administrative 
corrections relating to DFARS clause 252.203-7003, Agency Office of the 
Inspector General.

DATES: Effective Date: June 6, 2011.

FOR FURTHER INFORMATION CONTACT: Meredith Murphy, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), 3060 Defense Pentagon, 
Room 3B855, Washington, DC 20301-3060. Telephone 703-602-1302; 
facsimile 703-602-0350. Please cite DFARS Case 2011-D006.

SUPPLEMENTARY INFORMATION: 

I. Background

    On September 27, 2010, DoD published a final rule under DFARS Case 
2010-D015, DoD Office of the Inspector General (75 FR 59101). That 
final rule provided the address for the DoD Office of the Inspector 
General, as required by FAR clause 52.203-13, Contractor Code of 
Business Ethics and Conduct.
    This final rule corrects two omissions in that rule published in 
September 2010. At 203.1004(a), the clause prescription did not include 
the title of the clause at 252.203-7003. This rule adds the clause 
title to the prescription.
    The clause prescription at 203.1004 states that the clause at DFARS 
252.203-7003 is used in solicitations and contracts that include the 
FAR clause at 52.203-13. FAR clause 52.203-13 is applicable to 
commercial items and is listed in FAR clause 52.212-5. If the 
contractor must make disclosures to the agency office of the Inspector 
General, as required by paragraph (b)(3)(i) of FAR 52.203-13, the 
contractor would need to know the address of the agency office of the 
Inspector General. However, DFARS case 2010-D015 did not add the DFARS 
clause at 252.203-7003, which provides the address of the DoD Office of 
the Inspector General, to the list of contract terms and conditions 
required to implement statutes or Executive orders applicable to 
Defense acquisitions of commercial items (DFARS 252.212-7001). This 
final rule remedies that omission. The rule also updates the list of 
clauses at 252.212-7001.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
an initial regulatory flexibility analysis is only required for 
proposed or interim rules that require publication for public comment 
(5 U.S.C. 603) and a final regulatory flexibility analysis is only 
required for final rules that were previously published for public 
comment, and for which an initial regulatory flexibility analysis was 
prepared (5 U.S.C. 604).
    This final rule does not constitute a significant DFARS revision as 
defined at FAR 1.501-1 because this rule will not have a significant 
cost or administrative impact on contractors or offerors, or a 
significant effect beyond the internal operating procedures of the 
Government. Therefore, publication for public comment under 41 U.S.C. 
1707 is not required.

IV. Paperwork Reduction Act

    The rule does not impose any new 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 203 and 252

    Government procurement.

Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 203 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 203 and 252 continues to 
read as follows:

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

PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

0
2. Amend section 203.1004 by revising paragraph (a) to read as follows:


203.1004  Contract clauses.

    (a) Use the clause at 252.203-7003, Agency Office of the Inspector 
General, in solicitations and contracts that include the FAR clause 
52.203-13, Contractor Code of Business Ethics and Conduct.
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.212-7001 by revising the clause date and revising 
paragraph (b) to read as follows:


252.212-7001  Contract Terms and Conditions Required to Implement 
Statutes or Executive Orders Applicable to Defense Acquisitions of 
Commercial Items.

* * * * *

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS 
(JUN 2011)

* * * * *
    (b) The Contractor agrees to comply with any clause that is 
checked on the following list of Defense FAR Supplement clauses 
which, if checked, is included in this contract by reference to 
implement provisions of law or Executive orders applicable to 
acquisitions of commercial items or components.
    (1) ---- 252.203-7000, Requirements Relating to Compensation of 
Former DoD Officials (JAN 2009) (Section 847 of Pub. L. 110-181).
    (2) ----252.203-7003, Agency Office of the Inspector General 
(SEP 2010) (Section 6101 of Pub. L. 110-252, 41 U.S.C. 3509 note).
    (3) ---- 252.205-7000, Provision of Information to Cooperative 
Agreement Holders (DEC 1991) (10 U.S.C. 2416).

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    (4) ---- 252.219-7003, Small Business Subcontracting Plan (DoD 
Contracts) (OCT 2010) (15 U.S.C. 637).
    (5) ---- 252.219-7004, Small Business Subcontracting Plan (Test 
Program) (JAN 2011) (15 U.S.C. 637 note).
    (6)(i) ---- 252.225-7001, Buy American Act and Balance of 
Payments Program (JAN 2009) (41 U.S.C. chapter 83, E.O. 10582).
    (ii) ---- Alternate I (DEC 2010) of 252.225-7001.
    (7) ---- 252.225-7008, Restriction on Acquisition of Specialty 
Metals (JUL 2009) (10 U.S.C. 2533b).
    (8) ---- 252.225-7009, Restriction on Acquisition of Certain 
Articles Containing Specialty Metals (JAN 2011) (10 U.S.C. 2533b).
    (9) ---- 252.225-7012, Preference for Certain Domestic 
Commodities (JUN 2010) (10 U.S.C. 2533a).
    (10) ---- 252.225-7015, Restriction on Acquisition of Hand or 
Measuring Tools (JUN 2005) (10 U.S.C. 2533a).
    (11) ---- 252.225-7016, Restriction on Acquisition of Ball and 
Roller Bearings (DEC 2010) (Section 8065 of Pub. L. 107-117 and the 
same restriction in subsequent DoD appropriations acts).
    (12)(i) ---- 252.225-7021, Trade Agreements (NOV 2009) (19 
U.S.C. 2501-2518 and 19 U.S.C. 3301 note).
    (ii) ---- Alternate I (SEP 2008) of 252.225-7021.
    (iii) ---- Alternate II (DEC 2010) of 252.225-7021.
    (13) ---- 252.225-7027, Restriction on Contingent Fees for 
Foreign Military Sales (APR 2003) (22 U.S.C. 2779).
    (14) ---- 252.225-7028, Exclusionary Policies and Practices of 
Foreign Governments (APR 2003) (22 U.S.C. 2755).
    (15)(i) ---- 252.225-7036, Buy American Act--Free Trade 
Agreements--Balance of Payments Program (DEC 2010) (41 U.S.C. 
chapter 83, and 19 U.S.C. 3301 note).
    (ii) ---- Alternate I (JUL 2009) of 252.225-7036.
    (iii) ---- Alternate II (DEC 2010) of 252.225-7036.
    (iv) ---- Alternate III (DEC 2010) of 252.225-7036.
    (16) ---- 252.225-7038, Restriction on Acquisition of Air 
Circuit Breakers (JUN 2005) (10 U.S.C. 2534(a)(3)).
    (17) ---- 252.226-7001, Utilization of Indian Organizations, 
Indian-Owned Economic Enterprises, and Native Hawaiian Small 
Business Concerns (SEP 2004) (Section 8021 of Pub. L. 107-248 and 
similar sections in subsequent DoD appropriations acts).
    (18) ---- 252.227-7015, Technical Data--Commercial Items (MAR 
2011) (10 U.S.C. 2320).
    (19) ---- 252.227-7037, Validation of Restrictive Markings on 
Technical Data (SEP 1999) (10 U.S.C. 2321).
    (20) ---- 252.232-7003, Electronic Submission of Payment 
Requests and Receiving Reports (MAR 2008) (10 U.S.C. 2227).
    (21) ---- 252.237-7010, Prohibition on Interrogation of 
Detainees by Contractor Personnel (NOV 2010) (Section 1038 of Pub. 
L. 111-84).
    (22) ---- 252.237-7019, Training for Contractor Personnel 
Interacting with Detainees (SEP 2006) (Section 1092 of Pub. L. 108-
375).
    (23) ---- 252.243-7002, Requests for Equitable Adjustment (MAR 
1998) (10 U.S.C. 2410).
    (24) ---- 252.246-7004, Safety of Facilities, Infrastructure, 
and Equipment For Military Operations (OCT 2010) (Section 807 of 
Pub. L. 111-84).
    (25)---- 252.247-7003, Pass-Through of Motor Carrier Fuel 
Surcharge Adjustment to the Cost Bearer (SEP 2010) (Section 884 of 
Pub. L. 110-417).
    (26)(i) ---- 252.247-7023, Transportation of Supplies by Sea 
(MAY 2002) (10 U.S.C. 2631).
    (ii) ---- Alternate I (MAR 2000) of 252.247-7023.
    (iii) ---- Alternate II (MAR 2000) of 252.247-7023.
    (iv) ---- Alternate III (MAY 2002) of 252.247-7023.
    (27) ---- 252.247-7024, Notification of Transportation of 
Supplies by Sea (MAR (2000) (10 U.S.C. 2631).

[FR Doc. 2011-13648 Filed 6-3-11; 8:45 am]
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