[Federal Register Volume 77, Number 116 (Friday, June 15, 2012)]
[Rules and Regulations]
[Pages 35879-35883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-14259]



[[Page 35879]]

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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

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

RIN 0750-AH55


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

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

ACTION: Final rule.

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

SUMMARY: DoD is issuing a final rule to amend the Defense Federal 
Acquisition Regulation Supplement (DFARS) to conform statutory titles 
throughout the DFARS to the new Positive Law Codification of Title 41, 
United States Code, ``Public Contracts.''

DATES: June 15, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
371-6106.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD published a proposed rule in the Federal Register at 76 FR 
78874 on December 20, 2011. The comment period closed on February 21, 
2012. One respondent submitted a public comment in response to the 
proposed rule.
    DoD is updating the historical names of the Acts in the 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. 
Additionally, editorial changes are being made to conform to DFARS 
drafting conventions.
    Although there were no substantive changes to the meaning of the 
statutes, there were some changes in terminology.

II. Discussion and Analysis

    One respondent submitted two edits, which have been incorporated in 
the final rule at 225.1101(2)(i)(C) and 225.7000(b).

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 certifies that this final rule will not 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. Additionally, the 
proposed rule published at 76 FR 78874 on December 20, 2011, invited 
comments from small businesses and other interested parties. No 
comments were received from small entities on the affected DFARS 
subparts with regard to small businesses. Therefore, a Final Regulatory 
Flexibility Analysis has not been performed.

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, and 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 48 CFR chapter 2 appendix I are amended as 
follows:

0
1. The authority citation for 48 CFR parts 201, 204, 212, 213, 217, 
219, 225, 243, 252, and 48 CFR chapter 2 appendix I continues to read 
as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM


201.107  [Amended]

0
2. Section 201.107 introductory text is amended by removing ``In 
accordance with section 29 of the Office of Federal Procurement Policy 
Act (41 U.S.C. 1304)'' and adding ``In accordance with 41 U.S.C. 1304'' 
in its place.


201.304  [Amended]

0
3. Section 201.304 is amended in paragraph (2) introductory text in by 
removing ``In accordance with section 29 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 1304)'' and adding ``In accordance 
with 41 U.S.C. 1304'' in its place.

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

0
4. The authority citation for 48 CFR part 203 is revised to read as 
follows:

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


203.070  [Amended]

0
5. Section 203.070 is amended in paragraph (f) by removing ``Anti-
kickback Act'' and adding ``Kickbacks'' in its place.


203.502-2  [Amended]

0
6. Section 203.502-2 is amended in paragraph (h) introductory text by 
removing ``under the Anti-Kickback Act of 1986'' and adding ``under 41 
U.S.C. chapter 87, Kickbacks'' in its place.

PART 204--ADMINISTRATIVE MATTERS


204.1202  [Amended]

0
7. Section 204.1202 is amended--
0
a. In paragraph (2)(v), by removing ``Buy American Act--Balance of 
Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place; and
0
b. In paragraph (2)(ix), by removing ``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.

0
8. In 204.7003, revise 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

[[Page 35880]]

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
* * * * *

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.301  [Amended]

0
9. Section 212.301 is amended--
0
a. In paragraph (f)(i)(A) by removing ``Buy American Act--Balance of 
Payments Program Certificate'' and adding ``Buy American--Balance of 
Payments Program Certificate'' in its place; and
0
b. In paragraph (f)(i)(C), removing ``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]

0
10. Section 212.7102-1 is amended in paragraph (e)(2) by removing 
``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]

0
11. Section 213.301 is amended in paragraph (1) by removing 
``Continental Shelf lands'' and adding ``Continental Shelf'' in its 
place.


213.302-5  [Amended]

0
12. Section 213.302-5 is amended--
0
a. In the first sentence of paragraph (d) introductory text by removing 
``Buy American Act--Supplies'' and adding ``Buy American--Supplies'' in 
its place and in the second sentence, removing ``Buy American Act'' and 
adding ``Buy American statute'' in its place; and
0
b. Removing ``Act'' from paragraphs (d)(i) and (d)(ii).

PART 217--SPECIAL CONTRACTING METHODS


217.7000  [Amended]

0
13. 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]

0
14. Section 219.703 is amended in paragraph (a) by removing ``the 
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

0
15. The authority citation for 48 CFR part 222 is revised to read as 
follows:

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

Subpart 222.3--[Amended]

0
16. Subpart 222.3 is amended in the subpart heading by removing 
``Act''.


222.302  [Amended]

0
17. Section 222.302 is amended in the introductory text by removing 
``Act''.

0
18. Section 222.402-70 is amended by revising paragraph (a) 
introductory text and paragraphs (b), (c), (d), 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.

0
19. The 222.404 section heading is revised to read as follows:


222.404  Construction Wage Rate Requirements statute wage 
determinations.

* * * * *

0
20. Section 222.406-1 is amended by revising paragraph (b)(1)(A)(1), 
and in paragraph (b)(1)(A)(2) by removing the word ``Act'' and adding 
``statute'' in its place.
    The revision reads as follows:


222.406-1  Policy.

* * * * *
    (b) * * *
    (1) * * *
    (A) * * *
    (1) Construction Wage Rate Requirements statute.
* * * * *


222.406-8  [Amended]

0
21. Section 222.406-8 is amended in paragraph (c)(4)(A) introductory 
text by removing ``Contract Work Hours and Safety Standards Act 
(CWHSSA)'' and adding ``Contract Work Hours and Safety Standards 
(CWHSS) statute'' in its place.

[[Page 35881]]

222-406-9  [Amended]

0
22. Section 222.406-9 is amended in paragraph (a) by removing ``Davis-
Bacon or CWHSSA'' and adding ``Construction Wage Rate Requirements or 
CWHSS statute'' in its place.

0
23. Section 222.406-13 is amended--
0
a. In the introductory text by removing ``Davis-Bacon Act and the 
CWHSSA'' and adding ``Construction Wage Rate Requirements statute and 
the CWSS statute'' in its place;
0
b. By revising paragraphs (7)(i) and (ii) and (8)(i) and (ii);
0
c. In paragraph (9) introductory text by removing ``CWHSSA'' and adding 
``CWSS statute'' in its place;
0
d. In paragraph (9)(i), by adding ``; and'' to the end; and
0
e. By revising paragraphs (10)(i) and (ii).
    The revisions read as follows:


222.406-13  Semiannual enforcement reports.

* * * * *
    (7) * * *
    (i) Construction Wage Rate Requirements statute; and
    (ii) CWSS statute;
    (8) * * *
    (i) Construction Wage Rate Requirements statute; and
    (ii) CWHSS statute;
* * * * *
    (10) * * *
    (i) Construction Wage Rate Requirements statute;
    (ii) CWSS statute;
* * * * *

Subpart 222.10--Service Contract Labor Standards

0
24. The subpart 222.10 heading is revised as set forth above.

Subpart 222.14--Employment of Workers with Disabilites

0
25. The subpart 222.14 heading is revised to read as set forth above.

PART 225--FOREIGN ACQUISITION


225.003  [Amended]

0
26. Section 225.003 is amended in paragraphs (4) and (11) by removing 
``Act'' each time it appears.

Subpart 225.1--Buy American--Supplies

0
27. The subpart 225.1 is revised to read as set forth above.


225.103  [Amended]

0
28a. Section 225.103 is amended--
0
a. In paragraph (a)(i)(B) by removing ``Buy American Act'' and adding 
``Buy American statute'' in its place; and
0
b. In paragraph (a)(ii)(A) introductory text by removing ``Subpart 
225.5'' and adding ``subpart 225.5'' in its place and by removing ``Buy 
American Act'' and adding ``Buy American statute'' in its place.

Subpart 225.2--Buy American--Construction Materials

0
28b. The subpart 225.2 heading is revised to read as set forth above.


225.502  [Amended]

0
29. Section 225.502 is amended--
0
a. In paragraphs (c) introductory text and (c)(iii)(C), by removing 
``Buy American Act'' and adding ``Buy American statute'' in its place;
0
b. In paragraph (c)(i)(A), by removing ``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
0
c. In paragraphs (c)(i)(B), (c)(ii)(C), (c)(ii)(D), and (c)(iii)(A), by 
removing ``Act''.


225.872-1  [Amended]

0
30. Section 225.872-1 is amended in paragraphs (a) introductory text 
and (b) introductory text by removing ``Buy American Act'' and adding 
``Buy American statute'' in its place.


225.872-4  [Amended]

0
31. Section 225.872-4 is amended by removing ``Buy American Act'' and 
adding ``Buy American statute'' in its place.


225.1101  [Amended]

0
32. Section 225.1101 is amended--
0
a. In paragraphs (1)(i), (2)(i) introductory text, (2)(i)(D)(2), 
(3)(i), (3)(iii), (10)(i), (11)(i) introductory text, and (11)(iii), by 
removing ``Act'' each time it appears; and
0
b. In paragraph (2)(i)(C), removing ``Act'' and adding ``statute'' in 
its place.


225.7000  [Amended]

0
33. Section 225.7000 is amended in paragraph (b) by removing ``Buy 
American Act'' and adding ``Buy American statute'' in its place.


225.7017-3  [Amended]

0
34. Section 225.7017-3 is amended in paragraph (a) by removing ``Buy 
American Act'' and adding ``Buy American statute'' in its place.

PART 233--PROTESTS, DISPUTES, AND APPEALS

0
35. The authority citation for 48 CFR part 233 is revised to read as 
follows:

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


233.204-70  [Amended]

0
36. 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

0
37. Section 243.204-71 is amended in paragraph (c) in the first 
sentence by removing ``the Contract Disputes Act of 1978 (41 U.S.C. 
7103)'' and adding ``41 U.S.C. 7103, Disputes'' in its place, and in 
the second sentence, removing ``Contract Disputes Act'' and adding 
``Contract Disputes statute'' in its place and removing ``Subpart'' and 
adding ``subpart'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7007  [Amended]

0
38. Section 252.204-7007 is amended by removing the clause date ``(SEP 
2011)'' and adding ``(JUN 2012)'' in its place and in paragraphs 
(d)(2)(ii) and (d)(2)(vi) by removing ``Act''.


252.212-7001  [Amended]

0
39. Section 252.212-7001 is amended by--
0
a. Removing the clause date ``(SEP 2011)'' and adding ``(JUN 2012)'' in 
its place;
0
b. In paragraphs (b)(4), (b)(22), and (c)(4), removing ``(SEP 2011)'' 
and adding ``(JUN 2012)'' in its place;
0
c. In paragraphs (b)(6)(i) by removing ``Act'' and by removing ``(OCT 
2011)'' and adding ``(JUN 2012)'' in its place;
0
d. In paragraph (b)(8) by removing ``(JAN 2011)'' and adding ``(JUN 
2012)'' in its place; and
0
e. In paragraph (b)(13)(i) by removing ``(MAY 2012)'' and adding ``(JUN 
2012)'' in its place.
0
f. In paragraph (b)(16)(i) by removing ``(MAY 2012)'' and adding ``(JUN 
2012)'' in its place; and
0
g. In paragraphs (b)(16)(ii) through (iv) by removing ``(OCT 2011)'' 
and adding ``(JUN 2012)'' in its place;
0
h. In paragraphs (b)(16)(v) and (vi), by removing ``(MAY 2012)'' and 
adding ``(JUN 2012)'' in its place; and
0
i. In paragraphs (b)(18) and (c)(1), removing ``(AUG 2011)'' and adding 
``(JUN 2012)'' in its place.


252.212-7002  [Amended]

0
40. Section 252.212-7002 is amended by removing the clause date ``(JUN 
2011)'' and adding ``(JUN 2012)'' in its place and in the definition

[[Page 35882]]

``Nontraditional defense contractor'', paragraph (1), removing 
``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]

0
41. Section 252.217-7002 is amended by removing the clause date ``(DEC 
1991)'' and adding ``(JUN 2012)'' in its place and in paragraph (a), 
removing ``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]

0
42. Section 252.219-7003 is amended--
0
a. By removing the clause date ``(SEP 2011)'' and adding ``(JUN 2012)'' 
in its place;
0
b. In paragraph (e) introductory text by removing ``Section 831'' and 
adding ``section 831'' in its place; and
0
c. In paragraph (e)(1), by removing ``handicapped'' and adding 
``disabled'' in its place.

0
43. Section 252.225-7000 is amended:
0
a. By revising the section heading;
0
b. By removing ``Act'' from the provision title;
0
c. By removing the clause date ``(DEC 2009)'' and adding ``(JUN 2012)'' 
in its place;
0
d. In paragraph (b)(2) by removing ``Act'' and adding'' statute'' in 
its place; and
0
e. In paragraph (c)(1) introductory text by removing ``Act''.
    The revision reads as follows:


252.225-7000  Buy American Statute--Balance of Payments Program 
Certificate.

* * * * *


252.225-7001  [Amended]

0
44. Section 252.225-7001 is amended--
0
a. By revising the section heading;
0
b. By removing ``Act'' from the provision title;
0
c. By removing the clause date ``(OCT 2011)'' and adding ``(JUN 2012)'' 
in its place;
0
d. In paragraph (a), in the definition of ``Commercially available off-
the-shelf (COTS) item'', paragraph (ii), by removing ``section 3 of the 
Shipping Act of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
d. In paragraph (a), in the definition of ``Domestic end product'', 
paragraph (ii)(A)(2), by removing ``Act'' and adding ``statute'' in its 
place;
0
e. In paragraph (b) in the first sentence, by removing ``the Buy 
American Act (41 U.S.C chapter 83)'' and adding ``, Buy American'' in 
its place and in the second sentence, removing ``Act'' and adding 
``statute'' in its place; and
0
f. In paragraph (c), by removing ``Act''.


252.225-7009  [Amended]

0
45. Section 252.225-7009 is amended by removing the clause date ``(JAN 
2011)'' and adding ``(JUN 2012)'' in its place; and in paragraph 
(a)(4)(ii), removing ``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.

252.225-7013  [Amended]

0
46. Section 252.225-7013 is amended--
0
a. By removing the clause date ``(DEC 2009)'' and adding ``(JUN 2012)'' 
in its place;
0
b. In paragraph (a), by removing the numerical designations (1) through 
(4) from the definitions;
0
c. In paragraph (a), in the definition ``Eligible product'', paragraph 
(ii), by removing ``Bahrainian end product or a Moroccan end product, 
as defined in the Buy American Act'' and adding ``Bahrainian end 
product, a Moroccan end product, or a Peruvian end product, as defined 
in the Buy American'' in its place, and in paragraph (iii), by removing 
``Act''; and
0
d. In paragraph (a), in the definition ``Qualifying country'' and 
``qualifying country end product'', removing ``Act'' each time it 
appears.


252.225-7021  [Amended]

0
47. Section 252.225-7021 is amended by removing the clause date ``(MAY 
2012)'' and adding ``(JUN 2012)'' in its place, and in paragraph (a), 
in the definition ``Commercially available off-the-shelf (COTS) item'', 
paragraph (ii), by removing ``section 4 of the Shipping Act of 1984 (46 
U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.


252.225-7035  [Amended]

0
48. Section 252.225-7035 is amended--
0
a. By revising the section heading;
0
b. In the clause title by removing ``Act'';
0
c. By removing the clause date ``(DEC 2010)'' and adding ``(JUN 2012)'' 
in its place;
0
d. In paragraphs (a) and (b)(2) by removing ``Act'';
0
e. In introductory paragraph (c)(1), removing ``Buy American Act'' and 
adding ``Buy American'' in its place;
0
f. In Alternate II, by removing the clause date ``(DEC 2010)'' and 
adding ``(JUN 2012)'' in its place; and in Alternate II, paragraph 
(b)(2), removing ``Act''; and
0
g. In Alternate III, removing the clause date ``(DEC 2010)'' and adding 
``(JUN 2012)'' in its place; and in Alternate III, paragraphs (a) and 
(b)(2), removing ``Act''.
    The revision reads as follows:


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

* * * * *

0
49. Section 252.225-7036 is amended--
0
a. By revising the section heading;
0
b. In the clause title by removing ``Act'';
0
c. By removing the clause date ``(MAY 2012)'' and adding ``(JUN 2012)'' 
in its place;
0
c. In paragraph (a), in the definition ``Commercially available off-
the-shelf (COTS) item'', paragraph (ii), by removing ``section 3 of the 
Shipping Act of 1984 (46 U.S.C. 40102)'' and adding ``46 U.S.C. 
40102(4)'' in its place;
0
d. In paragraph (a), in the definition ``Domestic end product'', 
paragraph (ii)(A)(2), by removing ``Act'' and adding ``statute'' in its 
place;
0
e. In paragraph (c) by removing ``Act''; and
0
f. In Alternates I, II, and III, by removing the clause date ``(OCT 
2011)'' and adding ``(JUN 2012)'' in its place and in paragraph (c), 
removing ``Act''.
    The revision reads as follow:


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

* * * * *


252.225-7044  [Amended]

0
50. Section 252.225-7044 is amended by removing the clause date ``(DEC 
2010)'' and adding ``(JUN 2012)'' in its place and in paragraph (a), in 
the definition ``Commercially available off-the-shelf (COTS) item'', 
paragraph (2), by removing ``section 3 of the Shipping Act of 1984 (46 
U.S.C. 40102)'' and adding ``46 U.S.C. 40102(4)'' in its place.


252.227-7037  [Amended]

0
51. Section 252.225-7037 is amended--
0
a. By removing the clause date ``(APR 2012)'' and adding ``(JUN 2012)'' 
in its place;
0
b. In paragraph (e)(3), by removing ``the Contract Disputes Act of 1978 
(41 U.S.C. 7101)'' and adding ``41 U.S.C. 7101, Contract Disputes'' in 
its place; and
0
c. In paragraph (g)(2)(iv), removing ``Act'' and adding ``statute'' in 
its place.

[[Page 35883]]

252.227-7038  [Amended]

0
52. Section 252.225-7038 is amended by removing the clause date ``(DEC 
2007)'' and adding ``(JUN 2012)'' in its place and in paragraph 
(l)(2)(ii), by removing ``Act'' and adding ``statute'' in its place.


252.244-7001  [Amended]

0
53. Section 252.244-7001 is amended by removing the clause date ``(MAY 
2011)'' and adding ``(JUN 2012)'' in its place and in paragraph 
(c)(17), by removing ``the Anti-Kickback Act'' and adding ``41 U.S.C. 
chapter 87, Kickbacks'' in its place.
0
54. In appendix I to chapter 2, section I-101.4 is revised to read as 
follows:

Appendix I to Chapter 2--Policy and Procedures for the DOD Pilot 
Mentor-Protege Program

* * * * *

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. 2012-14259 Filed 6-14-12; 8:45 am]
BILLING CODE 5001-06-P