[Federal Register Volume 76, Number 244 (Tuesday, December 20, 2011)]
[Proposed Rules]
[Pages 78874-78879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32398]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 203, 204, 212, 213, 217, 219, 222, 225, 233, 243, 
252, Appendix I to Chapter 2

RIN 0750-AH55


Defense Federal Acquisition Regulation Supplement: Title 41 
Positive Law Codification--Further Implementation (DFARS Case 2012-
D003)

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

ACTION: Proposed rule.

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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition 
Regulation Supplement to conform statutory titles to the new Positive 
Law Codification of Title 41, United States Code, ``Public Contracts.''

DATES: Comment Date: Comments on the proposed rule should be submitted 
in writing to the address shown below on or before February 21, 2012, 
to be considered in the formation of a final rule.

ADDRESSES: Submit comments identified by DFARS Case 2012-D003, using 
any of the following methods:
    [cir] Regulations.gov: http://www.regulations.gov. Submit comments 
via the Federal eRulemaking portal by entering ``DFARS Case 2012-D003'' 
under the heading ``Enter keyword or

[[Page 78875]]

ID'' and selecting ``Search.'' Select the link ``Submit a Comment'' 
that corresponds with ``DFARS Case 2012-D003.'' Follow the instructions 
provided at the ``Submit a Comment'' screen. Please include your name, 
company name (if any), and ``DFARS Case 2012-D003'' on your attached 
document.
    [cir] Email: [email protected]. Include DFARS Case 2012-D003 in the 
subject line of the message.
    [cir] Fax: (703) 602-0350.
    [cir] Mail: Defense Acquisition Regulations System, Attn: Ms. Amy 
G. Williams, OUSD (AT&L) DPAP/DARS, Room 3B855, 3060 Defense Pentagon, 
Washington, DC 20301-3060.
    Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To 
confirm receipt of your comment(s), please check www.regulations.gov, 
approximately two to three days after submission to verify posting 
(except allow 30 days for posting of comments submitted by mail).

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone (703) 
602-0328.

SUPPLEMENTARY INFORMATION:

I. Background

    On January 4, 2011, Public Law 111-350 enacted a new codified 
version of Title 41 United States Code (U.S.C.), entitled ``Public 
Contracts.'' Title 41 U.S.C. citations were updated under DFARS Case 
2011-D036 (76 FR 58137, September 20, 2011).
    This case proposes to make further changes to the previous titles 
of Acts that have changed in titles 40 and 41 (comparable to the 
proposed Federal Acquisition Regulation (FAR) rule under FAR Case 2011-
018), and other edits, as necessary.

II. Discussion and Analysis

    DoD is updating the historical names of the Acts in the Defense 
Federal Acquisition Regulation Supplement (DFARS) (e.g., the ``Service 
Contract Act of 1965'' is now the ``Service Contract Labor Standards 
statute''). A table providing the historical titles of the acts, the 
present statutory citation, and the new titles of the statutes is being 
proposed under FAR case 2011-018 for inclusion at FAR 1.110. That table 
will cover acts under both titles 40 and 41.
    Although there were no substantive changes to the meaning of the 
statutes, there were some changes in terminology.

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

    DoD does not expect this rule to have a significant economic impact 
on a substantial number of small entities within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
does not change any policies or requirements. It just changes and 
updates references and terminology. Therefore, an initial regulatory 
flexibility analysis has not been performed. DoD invites comments from 
small business concerns and other interested parties on the expected 
impact of this rule on small entities.
    DoD will also consider comments from small entities concerning the 
existing regulations in subparts affected by the rule in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 610 (DFARS Case 2012-D003), in 
correspondence.

V. 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 201, 203, 204, 212, 213, 217, 219, 
222, 225, 233, 243, 252, Appendix I to Chapter 2

    Government procurement.

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

    Therefore, 48 CFR parts 201, 203, 204, 212, 213, 217, 219, 222, 
225, 233, 243, 252, and Appendix I are proposed for amendment as 
follows:
    1. The authority citation for 48 CFR parts 201, 203, 204, 212, 213, 
217, 219, 222, 225, 233, 243, 252, and Appendix I continues to read as 
follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM


201.107  [Amended]

    2. Section 201.107 is amended by removing from the introductory 
sentence ``section 29 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 1304)'' and adding ``41 U.S.C. 1304'' in its place.


201.304  [Amended]

    3. Section 201.304 is amended by removing from introductory 
paragraph (2) ``section 29 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 1304)'' and adding ``41 U.S.C. 1304'' in its place.

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


203.070  [Amended]

    4. Section 203.070 is amended by removing from paragraph (f) 
``Anti-kickback Act'' and adding ``Kickbacks'' in its place.


203.502-2  [Amended]

    5. Section 203.502-2 is amended by removing from introductory 
paragraph (h) ``the Anti-Kickback Act of 1986'' and adding ``41 U.S.C. 
chapter 87, Kickbacks'' in its place.

PART 204--ADMINISTRATIVE MATTERS


204.1202  [Amended]

    6. Section 204.1202 is amended by--
    a. Removing from paragraph (2)(v) ``Buy American Act--Balance of 
Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place; and
    b. Removing from paragraph (2)(ix) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program Certificate'' and adding ``Buy 
American--Free Trade Agreements--Balance of Payments Program 
Certificate'' in its place.
    7. Section 204.7003 is amended by revising paragraph (a)(3)(vi) to 
read as follows:


204.7003  Basic PII number.

    (a) * * *
    (3) * * *
    (vi) Contracting actions placed with or through other Government 
departments or agencies or against contracts placed by such 
departments or agencies outside the DoD (including actions from 
nonprofit agencies employing people who are blind or severely 
disabled (AbilityOne), and the Federal Prison Industries (UNICOR))--
F
* * * * *

[[Page 78876]]

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [Amended]

    8. Section 212.301 is amended by--
    a. Removing from paragraph (f)(i)(A) ``Buy American Act--Balance of 
Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place; and
    b. Removing from paragraph (f)(i)(C) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program Certificate'' and adding ``Buy 
American--Free Trade Agreements--Balance of Payments Program 
Certificate'' in its place.


212.7102-1  [Amended]

    9. Section 212.7102-1 is amended by removing from paragraph (e)(2) 
``section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 
1502)'' and adding ``41 U.S.C. 1502'' in its place.

PART 213--SIMPLIFIED ACQUISITION PROCEDURES


213.301  [Amended]

    10. Section 213.301 is amended by removing from paragraph (1) 
``Continental Shelf lands'' and adding ``Continental Shelf'' in its 
place.


213.302-5  [Amended]

    11. Section 213.302-5 is amended by--
    a. Removing from the first sentence of introductory paragraph (d) 
``Buy American Act--Supplies'' and adding ``Buy American--Supplies'' 
and removing from the second sentence ``Buy American Act'' and adding 
``Buy American statute'' in its place;
    b. Removing from paragraph (d)(i) ``Buy American Act and Balance of 
Payments Program'' and adding ``Buy American and Balance of Payments 
Program'' in its place: and
    c. Removing from paragraph (d)(ii) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place.

PART 217--SPECIAL CONTRACTING METHODS


217.7000  [Amended]

    12. Section 217.7000 is amended by removing ``Section 201(c) of the 
Federal Property and Administrative Services Act of 1949, 63 Stat. 384, 
as amended (40 U.S.C. 481(c))'' and adding ``40 U.S.C. 503'' in its 
place.

PART 219--SMALL BUSINESS PROGRAMS


219.703  [Amended]

    13. Section 219-703 is amended by removing from paragraph (a) 
``Javits-Wagner-O'Day Act (41 U.S.C. 8502-8504)'' and adding ``41 
U.S.C. chapter 85'' in its place.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    14. Subpart 222.3 is amended by revising the heading to read as 
follows:

Subpart 222.3--Contract Work Hours and Safety Standards


222.302  [Amended]

    15. Section 222.302 is amended by removing from the introductory 
sentence ``Contract Work Hours and Safety Standards Act'' and adding 
``Contract Work Hours and Safety Standards'' in its place.
    16. Section 222.402-70 is amended by revising introductory 
paragraph (a), and paragraphs (b),(c),(d)(1) through (d)(3) and (f) to 
read as follows:


222.402-70  Installation support contracts.

    (a) Apply both the Service Contract Labor Standards statute and the 
Construction Wage Rate Requirements statute to installation support 
contracts if--
* * * * *
    (b) Service Contract Labor Standards statute coverage under the 
contract. Contract installation support requirements, such as plant 
operation and installation services (i.e., custodial, snow removal, 
etc.) are subject to the Service Contract Labor Standards. Apply 
Service Contract Labor Standards clauses and minimum wage and fringe 
benefit requirements to all contract service calls or orders for such 
maintenance and support work.
    (c) Construction Wage Rate Requirements statute coverage under the 
contract. Contract construction, alteration, renovation, painting, and 
repair requirements (i.e., roof shingling, building structural repair, 
paving repairs, etc.) are subject to the Construction Wage Rate 
Requirements statute. Apply Construction Wage Rate Requirements clauses 
and minimum wage requirements to all contract service calls or orders 
for construction, alteration, renovation, painting, or repairs to 
buildings or other works.
    (d) Repairs versus maintenance. Some contract work may be 
characterized as either Construction Wage Rate Requirements painting/
repairs or Service Contract Labor Standards maintenance. For example, 
replacing broken windows, spot painting, or minor patching of a wall 
could be covered by either the Construction Wage Rate Requirements or 
the Service Contract Labor Standards. In those instances where a 
contract service call or order requires construction trade skills 
(i.e., carpenter, plumber, painter, etc.), but it is unclear whether 
the work required is Service Contract Labor Standards maintenance or 
Construction Wage Rate Requirements painting/repairs, apply the 
following rules:
    (1) Individual service calls or orders which will require a total 
of 32 or more work hours to perform shall be considered to be repair 
work subject to the Construction Wage Rate Requirements.
    (2) Individual service calls or orders which will require less than 
32 work hours to perform shall be considered to be maintenance subject 
to the Service Contract Labor Standards.
    (3) Painting work of 200 square feet or more to be performed under 
an individual service call or order shall be considered to be subject 
to the Construction Wage Rate Requirements statute regardless of the 
total work hours required.
* * * * *
    (f) Contracting officers may not avoid application of the 
Construction Wage Rate Requirements statute by splitting individual 
tasks between orders or contracts.
* * * * *
    17. Section 222.404 is amended by revising the section heading to 
read as follows:


222.404  Construction Wage Rate Requirements statute wage 
determinations.


222.406-1  [Amended]

    18. Section 222.406-1 is amended by--
    a. Removing from paragraph (b)(1)(A)(1) ``Davis Bacon Act'' and 
adding ``Construction Wage Rate Requirements statute'' in its place; 
and
    b. Removing from paragraph (b)(1)(A)(2) ``Contract Work Hours and 
Safety Standards Act'' and adding ``Contract Work Hours and Safety 
Standards statute'' in its place.


222.406-8  [Amended]

    19. Section 222.406-8 is amended by removing from introductory 
paragraph (c)(4)(A) ``Contract Work Hours and Safety Standards Act 
(CWHSSA)'' and adding ``Contract Work Hours and Safety Standards 
(CWHSS) statute'' in its place.

[[Page 78877]]

222-406-9  [Amended]

    20. Section 222-406-9 is amended by removing from paragraph (a) 
``Davis-Bacon or CWHSSA'' and adding ``Construction Wage Rate 
Requirements or CWHSS statute'' in its place.


222.406-13  [Amended]

    21. Section 222.406-13 is amended by--
    a. Removing from the introductory paragraph ``Davis-Bacon Act and 
the CWHSSA'' and adding ``Construction Wage Rate Requirements statute 
and the CWSS statute'' in its place;
    b. Removing from paragraph (7)(i) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute; and'' in its place;
    c. Removing from paragraph (7)(ii) ``CWSSA'' and adding ``CWSS 
statute'' in its place;
    d. Removing from paragraph (8)(i) ``Davis Bacon Act'' and adding 
``Construction Wage Rate Requirements statute; and CWSS statute'' in 
its place; and removing from paragraph (8)(ii) ``CWHSSA'' and adding 
``CWHSS statute'' in its place;
    e. Removing from introductory sentence (9) ``CWHSSA'' and adding 
``CWSS statute'' in its place and from paragraph (9)(i) ``; and'';
    f. Removing from paragraph (10)(i) ``Davis-Bacon Act'' and adding 
``Construction Wage Rate Requirements statute;'' in its place; and 
removing from paragraph (10)(ii) ``CWHSSA'' and adding ``CWSS statute; 
and'' in its place.
    22. Subpart 222.10 is amended by revising the subpart heading to 
read as follows:

Subpart 222.10--Service Contract Labor Standards

    23. Subpart 222.14 is amended by revising the subpart heading to 
read as follows:

Subpart 222.14--Employment of Workers With Disabilities

PART 225--FOREIGN ACQUISITION


225.003  [Amended]

    24. Section 225.003 is amended by--
    a. Removing from paragraph (4) ``252.225-7001, Buy American Act and 
Balance of Payments Program; and 252.225-7036, Buy American Act--Free 
Trade Agreements--Balance of Payments Program'' and adding ``252.225-
7001, Buy American and Balance of Payments Program; and 252.225-7036, 
Buy American--Free Trade Agreements--Balance of Payments Program'' in 
its place; and
    b. Removing from paragraph (11) ``252.225-7001, Buy American Act 
and Balance of Payments Program; and 252.225-7036, Buy American Act--
Free Trade Agreements--Balance of Payments Program'' and adding 
``252.225-7001, Buy American and Balance of Payments Program; and 
252.225-7036, Buy American--Free Trade Agreements--Balance of Payments 
Program'' in its place.
    25. Subpart 225.1 is amended by revising the subpart heading to 
read as follows:

Subpart 225.1--Buy American--Supplies


225.103  [Amended]

    26. Section 225.103 is amended by--
    a. Removing from paragraph (a)(i)(B) ``Buy American Act'' and 
adding ``Buy American statute'' in its place; and
    b. Removing from introductory paragraph (a)(ii)(A) ``Subpart 
225.5'' and adding ``subpart 225.5'' in its place and removing ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


225.502  [Amended]

    27. Section 225.502 is amended by--
    a. Removing from introductory paragraph (c), and (c)(iii)(C) ``Buy 
American Act'' and adding ``Buy American statute'' in its place;
    b. Removing from paragraph (c)(i)(A) ``Buy American Act'' and ``Buy 
American Act or Balance of Payments Program'' and adding ``Buy American 
statute'' and ``Buy American or Balance of Payments Program'', 
respectively, in its place; and
    c. Removing from paragraphs (c)(i)(B), (c)(ii)(C), (c)(ii)(D), and 
(c)(iii)(A) ``Buy American Act or Balance of Payments Program'' and 
adding ``Buy American or Balance of Payments Program'' in its place.


225.872-1  [Amended]

    28. Section 225.872-1 is amended by removing from introductory 
paragraphs (a) and (b) ``Buy American Act'' and adding ``Buy American 
statute'' in its place.


225.872-4  [Amended]

    29. Section 225.872-4 is amended by removing from introductory 
paragraph (a) ``Buy American Act'' and adding ``Buy American statute'' 
in its place.
    30. Section 225.1101 is amended by--
    a. Removing from paragraph (1)(i) in the first sentence ``Buy 
American Act--Balance of Payments Program Certificate'' and adding 
``Buy American--Balance of Payments Program Certificate'' in its place 
and removing ``FAR 52.225-2, Buy American Act Certificate'' and adding 
``FAR 52.225-2, Buy American Certificate'' in its place; and in the 
second sentence removing ``Buy American Act and Balance of Payments 
Program'' and adding ``Buy American and Balance of Payments Program'' 
in its place;
    b. Removing from introductory paragraph (2)(i) ``Buy American Act 
and Balance of Payments Program'' and adding ``Buy American and Balance 
of Payments Program'' in its place and removing ``FAR 52.225-1, Buy 
American Act--Supplies'' and adding ``FAR 52.225-1, Buy American--
Supplies'' in its place;
    c. Removing from paragraph (2)(i)(C) ``Buy American Act'' and 
adding ``Buy American'' in its place;
    d. Removing from paragraph (2)(i)(D)(2) ``Buy American Act--Free 
Trade Agreements--Balance of Payments Program'' and adding ``Buy 
American--Free Trade Agreements--Balance of Payments Program'' in its 
place;
    e. Removing from paragraph (3)(i) ``Buy American Act and Balance of 
Payments Program'' and adding ``Buy American and Balance of Payments 
Program'' in its place;
    f. Removing from paragraph (3)(iii) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place; and
    g. Revising paragraphs (10)(i), (11)(i), and (11)(iii) to read as 
follows:


225.1101  Acquisition of supplies.

* * * * *
    (10)(i) Use the provision at 252.225-7035, Buy American--Free Trade 
Agreements--Balance of Payments Program Certificate, instead of the 
provision at FAR 52.225-4, Buy American--Free Trade Agreements--Israeli 
Trade Act Certificate, in solicitations that include the clause at 
252.225-7036, Buy American--Free Trade Agreements--Balance of Payments 
Program.
* * * * *
    (11)(i) Except as provided in paragraph (11)(ii) of this section, 
use the clause at 252.225-7036, Buy American--Free Trade Agreements--
Balance of Payments Program, instead of the clause at FAR 52.225-3, Buy 
American--Free Trade Agreements--Israeli Trade Act, in solicitations 
and contracts for the items listed at 225.401-70, when the estimated 
value equals or exceeds $25,000, but is less than $203,000, and a Free 
Trade Agreement applies to the acquisition.
* * * * *
    (iii) The acquisition of eligible and noneligible products under 
the same

[[Page 78878]]

contract may result in the application of a Free Trade Agreement to 
only some of the items acquired. In such case, indicate in the Schedule 
those items covered by the Buy American--Free Trade Agreements--Balance 
of Payments Program clause.


225.7000  [Amended]

    31. Section 225.7000 is amended by removing from paragraph (b) 
``Buy American Act'' and adding ``Buy American'' in its place.

PART 233--PROTESTS, DISPUTES, AND APPEALS


233.204-70  [Amended]

    32. Section 233.204-70 is amended by removing ``the Contract 
Disputes Act of 1978'' and adding ``41 U.S.C. chapter 71 (Contract 
Disputes)'' in its place.

PART 243--CONTRACT MODIFICATIONS


243.204-71  [Amended]

    33. Section 243.204-71 is amended at paragraph (c) by removing from 
the first sentence ``the Contract Disputes Act of 1978 (41 U.S.C. 
7103)'' and adding ``41 U.S.C. 7103, Disputes'' in its place and 
removing from the second sentence ``the Contract Disputes Act'' and 
adding ``41 U.S.C. 7103, Disputes'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7007  [Amended]

    34. Section 252.204-7007 is amended by--
    a. Removing the clause date ``(NOV 2011)'' and adding ``(DATE)'' in 
its place;
    b. Removing from paragraph (d)(2)(ii) ``Buy American Act--Balance 
of Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place; and
    c. Removing from paragraph (d)(2)(vi) ``Buy American Act--Free 
Trade Agreements--Balance of Payments Program Certificate'' and adding 
``Buy American--Free Trade Agreements--Balance of Payments Program 
Certificate'' in its place.


252.212-7001  [Amended]

    35. Section 252.212-7001 is amended by--
    a. Removing from paragraphs (b)(4), (b)(21), and (c)(4) the clause 
date ``(SEP 2011)'' and adding ``(DATE)'' in its place;
    b. Removing from paragraphs (b)(6)(i), (b)(12)(i), and (b)(15)(i) 
through (iv) the clause date ``(OCT 2011)'' and adding ``(DATE)'' in 
its place; and
    c. Removing from paragraph (b)(8) the clause date ``(JAN 2011)'' 
and adding ``(DATE)'' in its place.


252.212-7002  [Amended]

    36. Section 252.212-7002 is amended by removing the clause date 
``(JUN 2011)'' and adding ``(DATE)'' in its place and removing from 
paragraph (1) of the definition ``Nontraditional defense contractor'' 
``Section 26 of the Office of Federal Procurement Policy Act (41 U.S.C. 
section 1502)'' and adding ``41 U.S.C. section 1502'' in its place.


252.217-7002  [Amended]

    37. Section 252.217-7002 is amended by removing the clause date 
``(DEC 1991)'' and adding ``(DATE)'' in its place and removing from 
paragraph (a) ``Section 201(c) of the Federal Property and 
Administrative Services Act of 1949, 63 Stat. 384 (40 U.S.C. 481(c))'' 
and adding ``40 U.S.C. 503'' in its place.


252.219-7003  [Amended]

    38. Section 252.219-7003 is amended by removing the clause date 
``(SEP 2011)'' and adding ``(DATE)'' in its place, removing from 
introductory paragraph (e) ``Section 831'' and adding ``section 831'' 
in its place and adding at the end ``to'', and removing from paragraph 
(e)(1) ``handicapped'' and adding ``disabled'' in its place.


252.225-7000  [Amended]

    39. Section 252.225-7000 is amended by removing ``Act'' from the 
section heading and provision title, removing the clause date ``(DEC 
2009)'' and adding ``(DATE)'' in its place, and removing from 
paragraphs (b)(2) and introductory paragraph (c)(1) ``Buy American 
Act'' and adding ``Buy American statute'' in its place.
    40. Section 252.225-7001 is amended by--
    a. Revising the section heading, clause title, and clause date;
    b. Removing from paragraph (ii) of the definition ``Commercially 
available off-the-shelf (COTS) item'', ``section 3 of the Shipping Act 
of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its 
place;
    c. Removing from paragraph (ii)(A)(2) of the definition ``Domestic 
end product'' ``Buy American Act'' and adding ``Buy American statute'' 
in its place;
    d. Removing from paragraph (b) in the first sentence ``the Buy 
American Act (41 U.S.C. chapter 83)'' and adding ``41 U.S.C. chapter 
83, Buy American'' in its place, and in the second sentence ``Buy 
American Act'' and adding ``Buy American statute'' in its place; and
    e. Removing from paragraph (c) ``Buy American Act--Balance of 
Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place.
    The revisions read as follows:


252.225-7001  Buy American and Balance of Payments Program.

* * * * *
BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM (DATE)
* * * * *


252.225-7009  [Amended]

    41. Section 252.225-7009 is amended by removing the clause date 
``(JAN 2011)'' and adding ``(DATE)'' in its place and removing from 
paragraph (a)(4)(ii) ``section 3 of the Shipping Act of 1984 (46 U.S.C. 
App 1702)'' and adding ``46 U.S.C. 40102(4)'' in its place.
    42. Section 252.225-7013 is amended by--
    a. Removing the clause date ``(DEC 2009)'' and adding ``(DATE)'' in 
its place, removing the numbers in front of each definition at 
paragraph (a) and revising paragraphs (ii) and (iii) of the definition 
``Eligible product'' and the definition ``Qualifying country'' and 
``qualifying country end product'' to read as follows:


252.225-7013  Duty-Free Entry.

* * * * *
    Eligible product means--* * *
    (ii) Free Trade Agreement country end product, other than a 
Bahrainian end product, a Moroccan end product, or a Peruvian end 
product, as defined in the Buy American--Free Trade Agreements--Balance 
of Payments Program clause of this contract; or
    (iii) Canadian end product as defined in Alternate I of the Buy 
American--Free Trade Agreements--Balance of Payments Program clause of 
this contract.
    Qualifying country and qualifying country end product have the 
meanings given in the Trade Agreements clause, the Buy American and 
Balance of Payments Program clause, or the Buy American--Free Trade 
Agreements--Balance of Payments Program clause of this contract.


252.225-7021  [Amended]

    43. Section 252.225-7021 is amended by removing the clause date 
``(OCT 2011)'' and adding ``(DATE)'' in its place and removing from 
paragraph (ii) of the definition ``Commercially available off-the-shelf 
(COTS) item'' ``section 4 of the Shipping Act of 1984 (46 U.S.C. 
40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.

[[Page 78879]]

    44. Section 252.225-7035 is amended by--
    a. Revising the section heading, provision title, and clause date;
    b. Removing from paragraph (a) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program'' and adding ``Buy American--
Free Trade Agreements--Balance of Payments Program'' in its place;
    c. Removing from paragraph (b)(2) ``Buy American Act'' and adding 
``Buy American'' in its place;
    d. Removing from ALTERNATE II the clause date ``(DEC 2010)'' and 
adding ``(DATE)'' in its place and in paragraph (b)(2) removing ``Buy 
American Act'' and adding ``Buy American'' in its place;
    e. Removing from ALTERNATE III the clause date ``(DEC 2010)'' and 
adding ``(DATE)'' in its place, removing from paragraph (a) ``Buy 
American Act--Free Trade Agreements--Balance of Payments Program'' and 
adding ``Buy American--Free Trade Agreements--Balance of Payments 
Program'' in its place, and removing from paragraph (b)(2) ``Buy 
American Act'' and adding ``Buy American'' in its place.
    The revisions read as follows:


252.225-7035  Buy American--Free Trade Agreements--Balance of Payments 
Program Certificate.

* * * * *
BUY AMERICAN--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM 
CERTIFICATE (DATE)
* * * * *
    45. Section 252.225-7036 is amended by--
    a. Revising the section heading, clause title, and clause date;
    b. Removing from paragraph (ii) of the definition ``Commercially 
available off-the-shelf (COTS) item'', ``section 3 of the Shipping Act 
of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its 
place;
    c. Removing from paragraph (ii)(A)(2) of the definition for 
``Domestic end product'', ``Buy American Act'' and adding ``Buy 
American statute'' in its place;
    d. Removing from paragraph (c) ``Buy American Act--Free Trade 
Agreements--Balance of Payments Program Certificate'' and adding ``Buy 
American--Free Trade Agreements--Balance of Payments Program 
Certificate'' in its place;
    e. Removing from ALTERNATE I the clause date ``(OCT 2011)'' and 
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy 
American Act--Free Trade Agreements--Balance of Payments Program 
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance 
of Payments Program Certificate'' in its place;
    f. Removing from Alternate II the clause date ``(OCT 2011)'' and 
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy 
American Act--Free Trade Agreements--Balance of Payments Program 
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance 
of Payments Program Certificate'' in its place; and
    g. Removing from ALTERNATE III the clause date ``(OCT 2011)'' and 
adding ``(DATE)'' in its place and removing from paragraph (c) ``Buy 
American Act--Free Trade Agreements--Balance of Payments Program 
Certificate'' and adding ``Buy American--Free Trade Agreements--Balance 
of Payments Program Certificate'' in its place.
    The revisions read as follows:


252.225-7036  Buy American--Free Trade Agreements--Balance of Payments 
Program.

* * * * *
BUY AMERICAN--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM (DATE)
* * * * *


252.225-7044  [Amended]

    46. Section 252.225-7044 is amended by removing the clause date 
``(DEC 2010)'' and adding ``(DATE)'' in its place and removing from 
paragraph (2) of the definition ``Commercially available off-the-shelf 
(COTS) item'' ``in section 3 of the Shipping Act of 1984 (46 U.S.C. 
40102'' and adding ``46 U.S.C. 40102(4)'' in its place.
    47. Section 252.227-7037 is amended by removing the clause date 
``(SEP 2011)'' and adding ``(DATE)'' in its place, removing from 
paragraph (e)(3) ``the Contract Disputes Act of 1978 (41 U.S.C. 7101)'' 
and adding ``41 U.S.C. 7101, Contract Disputes'' in its place, and 
removing from paragraph (g)(2)(iv) ``Contract Disputes Act'' and adding 
``Contract Disputes statute'' in its place.


252.227-7038  [Amended]

    48. Section 252.227-7038 is amended by removing the clause date 
``(DEC 2007)'' and adding ``(DATE)'' in its place and removing from 
paragraph (l)(2)(ii) ``Contract Disputes Act'' and adding ``Contract 
Disputes statute'' in its place.


252.244-7001  [Amended]

    49. Section 252.244-7001 is amended by removing the clause date 
``(MAY 2011)'' and adding ``(DATE)'' in its place and removing from 
paragraph (c)(17) ``the Anti-Kickback Act'' and adding ``41 U.S.C. 
chapter 87, Kickbacks'' in its place.

APPENDIX I TO CHAPTER 2--POLICY AND PROCEDURES FOR THE DOD PILOT 
MENTOR-PROTEGE PROGRAM

    50. Section I-101.4 is revised to read as follows:


I-101.4  Severely disabled individual.

    An individual who has a physical or mental disability which 
constitutes a substantial handicap to employment and which, in 
accordance with criteria prescribed by the Committee for Purchase 
from People Who Are Blind or Severely Disabled established by the 
first section of the Act of June 25, 1938 (41 U.S.C. 8502), is of 
such a nature that the individual is otherwise prevented from 
engaging in normal competitive employment.

[FR Doc. 2011-32398 Filed 12-19-11; 8:45 am]
BILLING CODE 5001-06-P