[Federal Register Volume 80, Number 10 (Thursday, January 15, 2015)]
[Rules and Regulations]
[Pages 2018-2021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-00541]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212, 225, and 245


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

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

ACTION: Final rule.

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SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide needed editorial 
changes.

DATES: Effective January 15, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. Manuel Quinones, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B941, 
3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-
6088; facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
    1. Revises the format and presentation of the list of solicitation 
provisions and

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contract clauses for the acquisition of commercial items at DFARS 
212.301(f). No changes are made to the provisions and clauses or to the 
prescriptions for their use, only the manner in which they are listed. 
Instead of a single continuous list, the provisions and clauses are 
being grouped and listed by the applicable DFARS part. This change will 
facilitate making additions or deletions to the appropriate part of the 
list without having to redesignate and renumber unaffected paragraphs 
in other parts to accommodate such changes.
    2. Revises the provision prescriptive language at DFARS 225.1101, 
paragraph (9), for clarity and to align with the format used for other 
prescription paragraphs within this section. No changes are made to the 
provision or the substance of the prescriptive language for using the 
provision.
    3. Corrects the estimated value cited at DFARS 225.1101(10)(i) to 
read $100,000 in lieu of $79,507.
    4. Updates the address of the National GeoSpatial-Intelligence 
Agency at DFARS 245.102(1)(ii)(A).

List of Subjects in 48 CFR Parts 212, 225, and 245

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 212, 225, and 245 are amended as follows:

0
1. The authority citation for 48 CFR parts 212, 225, and 245 continues 
to read as follows:

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

PART 212--ACQUISITION OF COMMERCIAL ITEMS

0
2. Revise section 212.301 to read as follows:


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

    (f) The following additional provisions and clauses apply to DoD 
solicitations and contracts using FAR part 12 procedures for the 
acquisition of commercial items. If the offeror has completed any of 
the following provisions listed in this paragraph electronically as 
part of its annual representations and certifications at https://www.acquisition.gov, the contracting officer shall consider this 
information instead of requiring the offeror to complete these 
provisions for a particular solicitation.
    (i) Part 203--Improper Business Practices and Personal Conflicts of 
Interest. (A) Use the FAR clause at 52.203-3, Gratuities, as prescribed 
in FAR 3.202, to comply with 10 U.S.C. 2207.
    (B) Use the clause at 252.203-7000, Requirements Relating to 
Compensation of Former DoD Officials, as prescribed in 203.171-4(a), to 
comply with section 847 of Pub. L. 110-181.
    (C) Use the clause at 252.203-7003, Agency Office of the Inspector 
General, as prescribed in 203.1004(a), to comply with section 6101 of 
Pub. L. 110-252 and 41 U.S.C. 3509.
    (D) Use the provision at 252.203-7005, Representation Relating to 
Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
    (ii) Part 204--Administrative Matters. (A) Use the provision at 
252.204-7011, Alternative Line Item Structure, as prescribed in 
204.7109(b).
    (B) Use the clause at 252.204-7012, Safeguarding of Unclassified 
Controlled Technical Information, as prescribed in 204.7303.
    (C) Use the provision at 252.204-7013, Limitations on the Use or 
Disclosure of Information by Litigation Support Solicitation Offerors, 
as prescribed in 204.7403(a), to comply with 10 U.S.C. 129d.
    (D) Use the clause at 252.204-7014, Limitations on the Use or 
Disclosure of Information by Litigation Support Contractors, as 
prescribed in 204.7403(b), to comply with 10 U.S.C. 129d.
    (E) Use the clause at 252.204-7015, Disclosure of Information to 
Litigation Support Contractors, as prescribed in 204.7403(c), to comply 
with 10 U.S.C. 129d.
    (iii) Part 205--Publicizing Contract Actions. Use the clause at 
252.205-7000, Provision of Information to Cooperative Agreement 
Holders, as prescribed in 205.470, to comply with 10 U.S.C. 2416.
    (iv) Part 211--Describing Agency Needs. (A) Use the clause at 
252.211-7003, Item Unique Identification and Valuation, as prescribed 
in 211.274-6(a)(1).
    (B) Use the provision at 252.211-7006, Passive Radio Frequency 
Identification, as prescribed in 211.275-3.
    (C) Use the clause at 252.211-7007, Reporting of Government-
Furnished Property, as prescribed in 211.274-6.
    (D) Use the clause at 252.211-7008, Use of Government-Assigned 
Serial Numbers, as prescribed in 211.274-6(c).
    (v) Part 215--Contracting by Negotiation. (A) Use the provision at 
252.215-7003, Requirements for Submission of Data Other Than Certified 
Cost or Pricing Data--Canadian Commercial Corporation, as prescribed at 
215.408(3)(i).
    (B) Use the clause at 252.215-7004, Requirement for Submission of 
Data other Than Certified Cost or Pricing Data--Modifications--Canadian 
Commercial Corporation, as prescribed at 215.408(3)(ii).
    (C) Use the provision at 252.215-7007, Notice of Intent to 
Resolicit, as prescribed in 215.371-6.
    (D) Use the provision 252.215-7008, Only One Offer, as prescribed 
at 215.408(4).
    (vi) Part 219--Small Business Programs. (A) Use the clause at 
252.219-7003, Small Business Subcontracting Plan (DoD Contracts), as 
prescribed in 219.708(b)(1)(A)(1), to comply with 15 U.S.C. 637. Use 
the clause with its Alternate I when prescribed in 219.708(b)(1)(A)(2).
    (B) Use the clause at 252.219-7004, Small Business Subcontracting 
Plan (Test Program), as prescribed in 219.708(b)(1)(B), to comply with 
15 U.S.C. 637 note.
    (vii) Part 223--Environment, Energy and Water Efficiency, Renewable 
Energy Technologies, Occupational Safety, and Drug-Free Workplace. Use 
the clause at 252.223-7008, Prohibition of Hexavalent Chromium, as 
prescribed in 223.7306.
    (viii) Part 225--Foreign Acquisition. (A) Use the provision at 
252.225-7000, Buy American--Balance of Payments Program Certificate, to 
comply with 41 U.S.C. chapter 83 and Executive Order 10582 of December 
17, 1954, Prescribing Uniform Procedures for Certain Determinations 
Under the Buy-American Act.
    (1) Use the basic provision as prescribed in 225.1101(1)(i).
    (2) Use the alternate I provision as prescribed in 225.1101(1)(ii).
    (B) Use the clause at 252.225-7001, Buy American and Balance of 
Payments Program, to comply with 41 U.S.C. chapter 83 and Executive 
Order 10582 of December 17, 1954, Prescribing Uniform Procedures for 
Certain Determinations Under the Buy-American Act.
    (1) Use the basic clause as prescribed in 225.1101(2)(ii).
    (2) Use the alternate I clause as prescribed in 225.1101(2)(iii).
    (C) Use the clause at 252.225-7008, Restriction on Acquisition of 
Specialty Metals, as prescribed in 225.7003-5(a)(1), to comply with 10 
U.S.C. 2533b.
    (D) Use the clause at 252.225-7009, Restriction on Acquisition of 
Certain Articles Containing Specialty Metals, as prescribed in 
225.7003-5(a)(2), to comply with 10 U.S.C. 2533b.

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    (E) Use the provision at 252.225-7010, Commercial Derivative 
Military Article--Specialty Metals Compliance Certificate, as 
prescribed in 225.7003-5(b), to comply with 10 U.S.C. 2533b.
    (F) Use the clause at 252.225-7012, Preference for Certain Domestic 
Commodities, as prescribed in 225.7002-3(a), to comply with 10 U.S.C. 
2533a.
    (G) Use the clause at 252.225-7015, Restriction on Acquisition of 
Hand or Measuring Tools, as prescribed in 225.7002-3(b), to comply with 
10 U.S.C. 2533a.
    (H) Use the clause at 252.225-7016, Restriction on Acquisition of 
Ball and Roller Bearings, as prescribed in 225.7009-5, to comply with 
section 8065 of Pub. L. 107-117 and the same restriction in subsequent 
DoD appropriations acts.
    (I) Use the clause at 252.225-7017, Photovoltaic Devices, as 
prescribed in 225.7017-4(a), to comply with section 846 of Pub. L. 111-
383.
    (J) Use the provision at 252.225-7018, Photovoltaic Devices--
Certificate, as prescribed in 225.7017-4(b), to comply with section 846 
of Pub. L. 111-383.
    (K) Use the provision at 252.225-7020, Trade Agreements 
Certificate, to comply with 19 U.S.C. 2501-2518 and 19 U.S.C. 3301 
note. Alternate I also implements section 886 of the National Defense 
Authorization Act for Fiscal Year 2008 (Pub. L. 110-181).
    (1) Use the basic provision as prescribed in 225.1101(5)(i).
    (2) Use the alternate I provision as prescribed in 225.1101(5)(ii).
    (L) Use the clause at 252.225-7021, Trade Agreements to comply with 
19 U.S.C. 2501-2518 and 19 U.S.C. 3301 note.
    (1) Use the basic clause as prescribed in 225.1101(6)(i).
    (2) Use the alternate II clause as prescribed in 225.1101(6)(iii).
    (M) Use the provision at 252.225-7023, Preference for Products or 
Services from Afghanistan, as prescribed in 225.7703-4(a), to comply 
with section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181).
    (N) Use the clause at 252.225-7024, Requirement for Products or 
Services from Afghanistan, as prescribed in 225.7703-4(b), to comply 
with section 886 of the National Defense Authorization Act for Fiscal 
Year 2008 (Pub. L. 110-181).
    (O) Use the clause at 252.225-7026, Acquisition Restricted to 
Products or Services from Afghanistan, as prescribed in 225.7703-4(c), 
to comply with section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Pub. L. 110-181).
    (P) Use the clause at 252.225-7027, Restriction on Contingent Fees 
for Foreign Military Sales, as prescribed in 225.7307(a), to comply 
with 22 U.S.C. 2779.
    (Q) Use the clause at 252.225-7028, Exclusionary Policies and 
Practices of Foreign Governments, as prescribed in 225.7307(b), to 
comply with 22 U.S.C. 2755.
    (R) Use the clause at 252.225-7029, Acquisition of Uniform 
Components for Afghan Military or Afghan National Police, as prescribed 
in 225.7703-4(d).
    (S) Use the provision at 252.225-7031, Secondary Arab Boycott of 
Israel, as prescribed in 225.7605, to comply with 10 U.S.C. 2410i.
    (T) Use the provision at 252.225-7035, Buy American--Free Trade 
Agreements--Balance of Payments Program Certificate, to comply with 41 
U.S.C. chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V 
also implement section 886 of the National Defense Authorization Act 
for Fiscal Year 2008 (Pub. L. 110-181).
    (1) Use the basic provision as prescribed in 225.1101(9)(i).
    (2) Use the alternate I provision as prescribed in 225.1101(9)(ii).
    (3) Use the alternate II provision as prescribed in 
225.1101(9)(iii).
    (4) Use the alternate III provision as prescribed in 
225.1101(9)(iv).
    (5) Use the alternate IV provision as prescribed in 225.1101(9)(v).
    (6) Use the alternate V provision as prescribed in 225.1101(9)(vi).
    (U) Use the clause at 252.225-7036, Buy American--Free Trade 
Agreements--Balance of Payments Program to comply with 41 U.S.C. 
chapter 83 and 19 U.S.C. 3301 note. Alternates II, III, and V also 
implement section 886 of the National Defense Authorization Act for 
Fiscal Year 2008 (Pub. L. 110-181).
    (1) Use the basic clause as prescribed in 225.1101(10)(i)(A).
    (2) Use the alternate I clause as prescribed in 225.1101(10)(i)(B).
    (3) Use the alternate II clause as prescribed in 
225.1101(10)(i)(C).
    (4) Use the alternate III clause as prescribed in 
225.1101(10)(i)(D).
    (5) Use the alternate IV clause as prescribed in 
225.1101(10)(i)(E).
    (6) Use the alternate V clause as prescribed in 225.1101(10)(i)(F).
    (V) Use the provision at 252.225-7037, Evaluation of Offers for Air 
Circuit Breakers, as prescribed in 225.7006-4(a), to comply with 10 
U.S.C. 2534(a)(3).
    (W) Use the clause at 252.225-7038, Restriction on Acquisition of 
Air Circuit Breakers, as prescribed in 225.7006-4(b), to comply with 10 
U.S.C. 2534(a)(3).
    (X) Use the clause at 252.225-7040, Contractor Personnel Supporting 
U.S. Armed Forces Deployed Outside the United States, as prescribed in 
225.7402-5(a).
    (Y) Use the clause at 252.225-7043, Antiterrorism/Force Protection 
Policy for Defense Contractors Outside the United States, as prescribed 
in 225.7403-2.
    (Z) Use the provision at 252.225-7049, Prohibition on Acquisition 
of Commercial Satellite Services from Certain Foreign Entities--
Representations, as prescribed at 225.772-5, to comply with 10 U.S.C. 
2327(b).
    (AA) Use the provision at 252.225-7050, Disclosure of Ownership or 
Control by the Government of a Country that is a State Sponsor of 
Terrorism, as prescribed in 225.771-5, to comply with 10 U.S.C. 
2327(b).
    (ix) Part 226--Other Socioeconomic Programs. Use the clause at 
252.226-7001, Utilization of Indian Organizations, Indian-Owned 
Economic Enterprises, and Native Hawaiian Small Business Concerns, as 
prescribed in 226.104, to comply with section 8021 of Pub. L. 107-248 
and similar sections in subsequent DoD appropriations acts.
    (x) Part 227--Patents, Data, and Copyrights. (A) Use the clause at 
252.227-7013, Rights in Technical Data-Noncommercial Items, as 
prescribed in 227.7103-6(a). Use the clause with its Alternate I as 
prescribed in 227.7103-6(b)(1). Use the clause with its Alternate II as 
prescribed in 227.7103-6(b)(2), to comply with 10 U.S.C. 7317 and 17 
U.S.C. 1301, et seq.
    (B) Use the clause at 252.227-7015, Technical Data-Commercial 
Items, as prescribed in 227.7102-4(a)(1), to comply with 10 U.S.C. 
2320. Use the clause with its Alternate I as prescribed in 227.7102-
4(a)(2), to comply with 10 U.S.C. 7317 and 17 U.S.C. 1301, et seq.
    (C) Use the clause at 252.227-7037, Validation of Restrictive 
Markings on Technical Data, as prescribed in 227.7102-4(c).
    (xi) Part 232--Contract Financing. (A) Use the clause at 252.232-
7003, Electronic Submission of Payment Requests and Receiving Reports, 
as prescribed in 232.7004, to comply with 10 U.S.C. 2227.
    (B) Use the clause at 252.232-7006, Wide Area WorkFlow Payment 
Instructions, as prescribed in 232.7004(b).
    (C) Use the clause at 252.232-7009, Mandatory Payment by

[[Page 2021]]

Governmentwide Commercial Purchase Card, as prescribed in 232.1110.
    (D) Use the clause at 252.232-7010, Levies on Contract Payments, as 
prescribed in 232.7102.
    (E) Use the clause at 252.232-7011, Payments in Support of 
Emergencies and Contingency Operations, as prescribed in 232.908.
    (F) Use the provision at 252.232-7014, Notification of Payment in 
Local Currency (Afghanistan), as prescribed in 232.7202.
    (xii) Part 237--Service Contracting. (A) Use the clause at 252.237-
7010, Prohibition on Interrogation of Detainees by Contractor 
Personnel, as prescribed in 237.173-5, to comply with section 1038 of 
Pub. L. 111-84.
    (B) Use the clause at 252.237-7019, Training for Contractor 
Personnel Interacting with Detainees, as prescribed in 237.171-4, to 
comply with section 1092 of Pub. L. 108-375.
    (xiii) Part 239--Acquisition of Information Technology. (A) Use the 
provision at 252.239-7017, Notice of Supply Chain Risk, as prescribed 
in 239.7306(a), to comply with section 806 of Pub. L. 111-383, in all 
solicitations for contracts involving the development or delivery of 
any information technology, whether acquired as a service or as a 
supply.
    (B) Use the clause at 252.239-7018, Supply Chain Risk, as 
prescribed in 239.7306(b), to comply with section 806 of Pub. L. 111-
383, in all solicitations and contracts involving the development or 
delivery of any information technology, whether acquired as a service 
or as a supply.
    (xiv) Part 243--Contract Modifications. Use the clause at 252.243-
7002, Requests for Equitable Adjustment, as prescribed in 243.205-71, 
to comply with 10 U.S.C. 2410.
    (xv) Part 244--Subcontracting Policies and Procedures. Use the 
clause at 252.244-7000, Subcontracts for Commercial Items, as 
prescribed in 244.403.
    (xvi) Part 246--Quality Assurance. (A) Use the clause at 252.246-
7003, Notification of Potential Safety Issues, as prescribed in 
246.371(a).
    (B) Use the clause at 252.246-7004, Safety of Facilities, 
Infrastructure, and Equipment for Military Operations, as prescribed in 
246.270-4, to comply with section 807 of Pub. L. 111-84.
    (xvii) Part 247--Transportation. (A) Use the clause at 252.247-
7003, Pass-Through of Motor Carrier Fuel Surcharge Adjustment to the 
Cost Bearer, as prescribed in 247.207, to comply with section 884 of 
Pub. L. 110-417.
    (B) Use the provision at 252.247-7022, Representation of Extent of 
Transportation by Sea, as prescribed in 247.574(a).
    (C) Use the basic or one of the alternates of the clause at 
252.247-7023, Transportation of Supplies by Sea, as prescribed in 
247.574(b), to comply with the Cargo Preference Act of 1904 (10 U.S.C. 
2631(a)).
    (1) Use the basic clause as prescribed in 247.574(b)(1).
    (2) Use the alternate I clause as prescribed in 247.574(b)(2).
    (3) Use the alternate II clause as prescribed in 247.574(b)(3).
    (D) Use the clause at 252.247-7024, Notification of Transportation 
of Supplies by Sea, as prescribed in 247.574(c).
    (E) Use the clause 252.247-7025, Reflagging or Repair Work, as 
prescribed in 247.574(d), to comply with 10 U.S.C. 2631(b).
    (F) Use the provision at 252.247-7026, Evaluation Preference for 
Use of Domestic Shipyards--Applicable to Acquisition of Carriage by 
Vessel for DoD Cargo in the Coastwise or Noncontiguous Trade, as 
prescribed in 247.574(e), to comply with section 1017 of Pub. L. 109-
364.
    (G) Use the clause at 252.247-7027, Riding Gang Member 
Requirements, as prescribed in 247.574(f), to comply with section 3504 
of the National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 
110-417).
    (H) Use the clause at 252.247-7028, Application for U.S Government 
Shipping Documentation/Instructions, as prescribed in 247.207.

PART 225--FOREIGN ACQUISITION

0
3. Amend section 225.1101 by--
0
a. Revising paragraphs (9)(ii) through (vi); and
0
b. In paragraph (10)(i)(A), removing ``$79,507'' and adding 
``$100,000'' in its place.
    The revision reads as follows:


225.1101  Acquisition of supplies.

* * * * *
    (9) * * *
    (ii) Use the alternate I provision when the solicitation includes 
alternate I of the clause at 252.225-7036.
    (iii) Use the alternate II provision when the solicitation includes 
alternate II of the clause at 252.225-7036.
    (iv) Use the alternate III provision when the solicitation includes 
alternate III of the clause at 252.225-7036.
    (v) Use the alternate IV provision when the solicitation includes 
alternate IV of the clause at 252.225-7036.
    (vi) Use the alternate V provision when the solicitation includes 
alternate V of the clause at 252.225-7036.
* * * * *

PART 245--GOVERNMENT PROPERTY


245.102  [Amended]

0
4. Amend section 245.102, paragraph (1)(ii)(A), by removing ``Director, 
National Geospatial Intelligence Agency, 4600 Sangamore Road, Bethesda, 
MD 20816-5003'' and adding ``Director, National Geospatial-Intelligence 
Agency, 7500 Geoint Drive, Springfield, VA 22150'' in its place.

[FR Doc. 2015-00541 Filed 1-14-15; 8:45 am]
BILLING CODE 5001-06-P