[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17447-17448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06736]



Defense Acquisition Regulations System

48 CFR Parts 235 and 252

RIN 0750-AI10

Defense Federal Acquisition Regulation Supplement: Clauses With 
Alternates--Research and Development Contracting (DFARS Case 2013-D026)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to create an overarching 
prescription for a research and development-related clause with an 
alternate. The rule also includes separate prescriptions for the basic 
and alternate clause and includes the full text of the alternate 

DATES: Effective March 28, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-


I. Background

    DoD published a proposed rule in the Federal Register at 78 FR 
73475 on December 6, 2013, to amend the presentation of the DFARS part 
235 clause with its alternate and their prescriptions. This final rule 
addresses the single clause affected, which is 252.235-7003, Frequency 
Authorization, and its alternate.
    One public comment was received; however it was not related to the 
proposed rule and therefore not considered in drafting the final rule. 
Minor editorial changes were made to standardize language used in the 
final rule for the clause prescriptions and prefaces in order to 
provide uniform arrangement in the regulations.

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

    A final regulatory flexibility analysis has been prepared 
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
and is summarized as follows.
    This final rule amends the Defense Federal Acquisition Regulation 
Supplement (DFARS) to create prescriptions for the basic version and 
the alternate of a DFARS part 235 solicitation and contract clause and 
to include the full text of the alternate clause.
    The public did not raise any issues in response to the initial 
regulatory flexibility analysis. The Chief Counsel for Advocacy of the 
Small Business Administration did not submit any comments in response 
to the rule.
    Potential offerors, including small businesses, may be affected by 
this rule by seeing an unfamiliar format for clause alternates in 
solicitations and contracts issued by DoD contracting activities. 
According to the Federal Procurement Data System, in fiscal year 2012, 
DoD made approximately 270,000 contract awards (not including 
modification and orders) that exceeded the micro-purchase threshold, of 
which approximately 180,000 (67%) were awarded to small businesses. It 
is unknown how many of these contracts were awarded that included an 
alternate to a DFARS provision or clause.
    Nothing substantive will change in solicitations or contracts for 
potential offerors, and only the appearance of how clause alternates 
are presented in the solicitations and contracts will be changed. This 
rule may result in potential offerors, including small businesses, 
expending more time to become familiar with and to understand the new 
format of the clause alternates in full text contained in contracts 
issued by any DoD contracting activity. The rule also anticipates 
saving contractors time by making all paragraph substitutions from the 
basic version of the clause, and not requiring the contractors to read 
inapplicable paragraphs contained in the basic version of the clause. 
The overall burden caused by this rule is expected to be negligible and 
will not be any greater on small businesses than it is on large 
    This rule does not add any new information collection requirements. 
The rule does not duplicate, overlap, or conflict with any other 
Federal rules. No alternatives were identified that will accomplish the 
objectives of the rule.

IV. Paperwork Reduction Act

    The rule does not contain any 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 235 and 252

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 235 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 235 and 252 continues to 
read as follows:

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


2. In section 235.072, revise paragraph (b) to read as follows:

235.072  Additional contract clauses.

* * * * *

[[Page 17448]]

    (b) Use the basic or the alternate of the clause at 252.235-7003, 
Frequency Authorization, in solicitations and contracts for developing, 
producing, constructing, testing, or operating a device requiring a 
frequency authorization.
    (1) Use the basic clause if agency procedures do not authorize the 
use of DD Form 1494, Application for Equipment Frequency Allocation, to 
obtain radio frequency authorization.
    (2) Use the alternate I clause if agency procedures authorize the 
use of DD Form 1494, Application for Equipment Frequency Allocation, to 
obtain frequency authorization.
* * * * *


3. Amend section 252.235-7003 by--
a. Revising the introductory text, clause title and date; and
b. Revising Alternate I.

252.235-7003  Frequency authorization.

    As prescribed in 235.072(b), use one of the following clauses:
    Basic. As prescribed at 235.072(b)(1), use the following clause.


* * * * *
    Alternate I. As prescribed at 235.072(b)(2), use the following 
clause, which uses a different paragraph (c) than the basic clause.


    (a) The Contractor shall obtain authorization for radio 
frequencies required in support of this contract.
    (b) For any experimental, developmental, or operational 
equipment for which the appropriate frequency allocation has not 
been made, the Contractor shall provide the technical operating 
characteristics of the proposed electromagnetic radiating device to 
the Contracting Officer during the initial planning, experimental, 
or developmental phase of contract performance.
    (c) The Contractor shall use DD Form 1494, Application for 
Equipment Frequency Allocation, to obtain radio frequency 
    (d) The Contractor shall include this clause, including this 
paragraph (d), in all subcontracts requiring the development, 
production, construction, testing, or operation of a device for 
which a radio frequency authorization is required.

(End of clause)

[FR Doc. 2014-06736 Filed 3-27-14; 8:45 am]