[Federal Register Volume 79, Number 147 (Thursday, July 31, 2014)]
[Rules and Regulations]
[Pages 44313-44314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-17941]



[[Page 44313]]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211, 212, and 232

RIN 0750-AI13


Defense Federal Acquisition Regulation Supplement: Application of 
Certain Clauses to Acquisitions of Commercial Items (DFARS Case 2013-
D035)

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 clarify the applicability 
of two clauses to acquisitions of commercial items.

DATES: Effective July 31, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD published a proposed rule in the Federal Register at 78 FR 
73472 on December 6, 2013, to clarify the applicability of DFARS 
252.211-7008, Use of Government-Assigned Serial Numbers, and DFARS 
252.232-7006, Wide Area WorkFlow Payment Instructions, to acquisitions 
of commercial items. The rule proposed adding these two clauses to the 
list at DFARS 212.301(f) of solicitation provisions and contract 
clauses for the acquisition of commercial items and revising the clause 
prescriptions to require their inclusion in solicitations and contracts 
for acquisitions using FAR part 12 procedures. One respondent submitted 
a public comment in response to the proposed rule.

II. Discussion and Analysis

    DoD reviewed the public comment in the development of the final 
rule. There are no changes from the proposed rule in the final rule, 
except renumbering at 212.301 due to DFARS baseline changes. A 
discussion of the comment is provided, as follows:
    Comment: The respondent stated that the rule appears to be a cost 
cutting measure that will reduce exploitation of tax monies being used 
to purchase products for the Government at an inflated rate.
    Response: The rule clarifies the applicability of DFARS 252.211-
7008 and 252.232-7006 to acquisitions of commercial items.

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

    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 rule revises DFARS part 212, Acquisition of Commercial Items, 
to clarify the applicability of DFARS 252.211-7008, Use of Government-
Assigned Serial Numbers, and DFARS 252.232-7006, Wide Area WorkFlow 
Payment Instructions, to acquisitions of commercial items.
    This final rule applies to contractors, regardless of size or 
business ownership, when responding to DoD solicitations or being 
awarded contracts that are acquired utilizing FAR part 12 procedures. 
The rule is not expected to have a significant impact on small entities 
as it merely clarifies the use of two DFARS clauses. The final rule is 
expected to have a slightly positive impact because the additional 
clarity will help contracting officers and small businesses better 
understand DoD's requirements.
    No public comments were received in response to the initial 
regulatory flexibility analysis. The rule does not contain any 
reporting or recordkeeping requirements and does not require 
contractors to expend significant cost or effort. There are no known 
significant alternatives to the rule that would further minimize any 
economic impact of the rule on small entities

V. 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 211, 212, and 232

    Government procurement.


Amy G. Williams,
Deputy, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 211, 212, and 232 are amended as follows:

0
1. The authority citation for 48 CFR parts 211, 212, and 232 continues 
to read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS

0
2. In section 211.274-6, paragraph (c) introductory text is revised to 
read as follows:


211.274-6  Contract clauses.

* * * * *
    (c) Use the clause at 252.211-7008, Use of Government-Assigned 
Serial Numbers, in solicitations and contracts, including solicitations 
and contracts using FAR part 12 procedures for the acquisition of 
commercial items, that--
* * * * *

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
3. Amend section 212.301 by--
0
a. Redesignating--
0
i. Paragraphs (f)(1ii) through (lxx) as (f)(liv) through (lxxii);
0
ii. Paragraphs (f)(xv) through (li) as (f)(xvi) through (lii); and
0
b. Adding new paragraphs (f)(xv) and (liii).
0
The additions read as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (xv) Use the clause at 252.211-7008, Use of Government-Assigned 
Serial Numbers, as prescribed in 211.274-6(c).
* * * * *
    (liii) Use the clause at 252.232 -7006, Wide Area WorkFlow Payment 
Instructions, as prescribed in 232.7004(b).
* * * * *

PART 232--CONTRACT FINANCING

0
4. In section 232.7004, revise the section heading and paragraph (b) to 
read as follows:


232.7004  Contract clauses.

* * * * *

[[Page 44314]]

    (b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment 
Instructions, in solicitations and contracts, including solicitations 
and contracts using FAR part 12 procedures for the acquisition of 
commercial items, when 252.232-7003 is used and neither 232.7003(b) nor 
(c) apply. See PGI 232.7004 for instructions on completing the clause.

[FR Doc. 2014-17941 Filed 7-30-14; 8:45 am]
BILLING CODE 5001-06-P