[Federal Register Volume 80, Number 123 (Friday, June 26, 2015)]
[Rules and Regulations]
[Pages 36897-36900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-15666]



[[Page 36897]]

Vol. 80

Friday,

No. 123

June 26, 2015

Part II





Department of Defense





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Defense Acquisition Regulations System





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48 CFR Parts 202, 203, 204, et al.





Defense Federal Acquisition Regulation Supplements; Final Rules

Federal Register / Vol. 80 , No. 123 / Friday, June 26, 2015 / Rules 
and Regulations

[[Page 36898]]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

RIN 0750-AI57


Defense Federal Acquisition Regulation Supplement: Clauses With 
Alternates--Prescriptions and Clause Prefaces (DFARS Case 2015-D016)

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 prescriptions and 
clause prefaces for clauses with alternates.

DATES: Effective June 26, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Tresa Sullivan, telephone 571-372-
6176.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD is issuing a final rule to clarify, for clauses with 
alternates, appropriate use of the basic clauses and their alternates. 
In addition, the rule implements minor editorial changes. This rule 
does not change the text of any basic or alternate clause, and it does 
not change the requirement for use of any clause.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule only clarifies the use of existing clauses with 
alternates and makes minor editorial changes. The rule does not change 
the text of any clause, and it does not change the requirement for use 
of any clause. This final rule is not required to be published for 
public comment, because it has no effect beyond the internal operating 
procedures of DoD, and the rule has no cost or administrative impact on 
contractors or offerors.

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

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 and does not require 
publication for public comment.

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 225 and 252

    Government procurement.

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

    Therefore, 48 CFR parts 225 and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 225 and 252 continues to 
read as follows:

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

PART 225--FOREIGN ACQUISITION


225.1101   [Amended]

0
2. Amend section 225.1101 by--
0
a. In paragraph (10)(i)(A), removing ``;$100,000,'' and adding 
``$100,000, but is less than $204,000,'' in its place;
0
b. In paragraph (10)(i)(B), removing ``estimated value'' and adding 
``estimated value equals or exceeds $25,000, but'' in its place;
0
c. In paragraph (10)(i)(C), removing ``$100,000'' and adding 
``$100,000, but is less than $204,000,'' in its place; and
0
d. In paragraph (10)(i)(D), removing ``estimated value less than 
$79,507'' and adding ``estimated value equals or exceeds $25,000, but 
is less than $79,507,'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 252.216-7010 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``216.506(d)(2)'' and adding ``216.506(d) and (d)(2)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.216-7010   Requirements.

    Basic. As prescribed in 216.506(d) and (d)(1), use the following 
clause:
* * * * *

0
4. Amend section 252.217-7000 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``217.208-70(a)(2)'' 
and adding ``217.208(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.217-7000   Exercise of option to fulfill foreign military sales 
commitments.

    Basic. As prescribed in 217.208-70(a) and (a)(1), use the following 
clause:
* * * * *

0
5. Amend section 252.223-7006 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``223.7106(b)'' and adding ``223.7106 and 223.7106(b)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and 
replacing it with a colon.
    The revision reads as follows:

[[Page 36899]]

252.223-7006   Prohibition on Storage, Treatment, and Disposal of Toxic 
or Hazardous Materials.

    Basic. As prescribed in 223.7106 and 223.7106(a), use the following 
clause:
* * * * *

0
6. Amend section 252.225-7000 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text, removing ``225.1101(1)(ii)'' 
and adding ``225.1101(1) and (1)(ii)'' in its place.
    The revision reads as follows:


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

    Basic. As prescribed in 225.1101(1) and (1)(i), use the following 
provision:
* * * * *

0
7. Amend section 252.225-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``225.1101(2)(iii)'' 
and adding ``225.1101(2)(i) and (2)(iii)'' in its place.
    The revision reads as follows:


252.225-7001   Buy American and Balance of Payments Program.

    Basic. As prescribed in 225.1101(2)(i) and (2)(ii), use the 
following clause:
* * * * *

0
8. Amend section 252.225-7020 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``225.1101(5)(ii)'' and adding ``225.1101(5) and (5)(ii)'' 
in its place; and
0
ii. Removing ``basic clause:'' and adding ``basic provision:'' in its 
place.
    The revision reads as follows:


252.225-7020   Trade Agreements Certificate.

    Basic. As prescribed in 225.1101(5) and (5)(i), use the following 
provision:
* * * * *

0
9. Amend section 252.225-7021 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate II introductory text, by removing 
``225.1101(6)(ii)'' and adding ``225.1101(6) and (6)(ii)'' in its 
place.
    The revision reads as follows:


252.225-7021   Trade agreements.

    Basic. As prescribed in 225.1101(6) and (6)(i), use the following 
clause:
* * * * *

0
10. Amend section 252.225-7035 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text;
0
c. In the Alternate I introductory text, removing ``225.1101(9)(ii)'' 
and adding ``225.1101(9) and (9)(ii)'' in its place;
0
d. In the Alternate II introductory text, removing ``225.1101(9)(iii)'' 
and adding ``225.1101(9) and (9)(iii)'' in its place;
0
e. In the Alternate III introductory text, removing ``225.1101(9)(iv)'' 
and adding ``225.1101(9) and (9)(iv)'' in its place;
0
f. In the Alternate IV introductory text, removing ``225.1101(9)(v)'' 
and adding ``225.1101(9) and (9)(v)'' in its place; and
0
g. In the Alternate V introductory text, removing ``225.1101(9)(vi)'' 
and adding ``225.1101(9) and (9)(vi)'' in its place.
    The revision reads as follows:


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

    Basic. As prescribed in 225.1101(9) and (9)(i), use the following 
provision:
* * * * *

0
11. Amend section 252.225-7036 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing 
``225.1101(10)(i)(B)'' and adding ``225.1101(10)(i) and (10)(i)(B)'' in 
its place;
0
d. In the Alternate II introductory text, removing 
``225.1101(10)(i)(C)'' and adding ``225.1101(10)(i) and (10)(i)(C)'' in 
its place;
0
e. In the Alternate III introductory text, removing 
``225.1101(10)(i)(D)'' and adding ``225.1101(10)(i) and (10)(i)(D)'' in 
its place;
0
f. In the Alternate IV introductory text, removing 
``225.1101(10)(i)(E)'' and adding ``225.1101(10)(i) and (10)(i)(E)'' in 
its place; and
0
g. In the Alternate V introductory text, removing 
``225.1101(10)(i)(F)'' and adding ``225.1101(10)(i) and (10)(i)(F)'' in 
its place.
    The revision reads as follows:


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

    Basic. As prescribed in 225.1101(10)(i) and (10)(i)(A), use the 
following clause:
* * * * *

0
12. Amend section 252.225-7044 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text, removing ``225.7503(a)(2)'' 
and adding ``225.7503(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.225-7044  Balance of Payments Program--Construction Material.

    Basic. As prescribed in 225.7503(a) and (a)(1), use the following 
clause:
* * * * *

0
13. Amend section 252.225-7045 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing ``225.7503(b)(2)'' 
and adding ``225.7503(b) and (b)(2)'' in its place;
0
d. In the Alternate II introductory text, removing ``225.7503(b)(3)'' 
and adding ``225.7503(b) and (b)(3)'' in its place;
0
e. In the Alternate III introductory text, removing ``225.7503(b)(4)'' 
and adding ``225.7503(b) and (b)(4)'' in its place.
    The revision reads as follows:


252.225-7045  Balance of Payments Program--Construction Material Under 
Trade Agreements.

    Basic. As prescribed in 225.7503(b) and (b)(1), use the following 
clause:
* * * * *

0
14. Amend section 252.229-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``at 229.402-70(a)(2)'' and adding ``in 229.402-70(a) and 
(a)(2)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.229-7001  Tax Relief.

    Basic. As prescribed in 229.402-70(a) and (a)(1), use the following 
clause:
* * * * *

0
15. Amend section 252.234-7003 by--
0
a. Revising the section heading;
0
b. Removing the introductory text of the section;
0
c. Revising the Basic provision introductory text; and
0
d. In the Alternate I introductory text, removing ``234.7101(a)(2)'' 
and adding ``234.7101(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.234-7003  Notice of Cost and Software Data Reporting System.

    Basic. As prescribed in 234.7101(a) and (a)(1), use the following 
provision:
* * * * *

[[Page 36900]]


0
16. Amend section 252.234-7004 by--
0
a. Revising the section heading;
0
b. Removing the introductory text of the section;
0
c. Revising the Basic clause introductory text; and
0
d. In the Alternate I introductory text, removing ``234.7101(b)(2)'' 
and adding ``234.7101(b) and (b)(2)'' in its place.
    The revision reads as follows:


252.234-7004  Cost and Software Data Reporting System.

    Basic. As prescribed in 234.7101(b) and (b)(1), use the following 
clause:
* * * * *

0
17. Amend section 252.235-7003 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``at 235.072(b)(2)'' and adding ``in 234.072(b) and 
(b)(2)'' in its place; and
0
ii Removing the period at the end of the introductory text and adding a 
colon in its place.
    The revision reads as follows:


252.235-7003  Frequency authorization.

    Basic. As prescribed in 235.072(b) and (b)(1), use the following 
clause:
* * * * *

0
18. Amend 252.237-7002 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text, removing ``237.7003(a)(2)'' 
and adding ``237.7003(a) and (a)(2)'' in its place.
    The revision reads as follows:


252.237-7002  Award to single offeror.

    Basic. As prescribed in 237.7003(a) and (a)(1), use the following 
provision:
* * * * *

0
19. Amend section 252.237-7016 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text, removing ``237.7101(e)(2)'' 
and adding ``237.7101(e) and (e)(2)'' in its place; and
0
d. In the Alternate II introductory text, removing ``237.7101(e)(3)'' 
and adding ``237.7101(e) and (e)(3)'' in its place.
    The revision reads as follows:


252.237-7016  Delivery tickets.

    Basic. As prescribed in 237.7101(e) and (e)(1), use the following 
clause:
* * * * *

0
20. Amend section 252.244-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``244.305-71(b)'' and adding ``244.305-71 and 244.305-
71(b)'' in its place; and
0
ii. Removing the period at the end of the introductory text and add a 
colon in its place.
    The revision reads as follows:


252.244-7001  Contractor purchasing system administration.

    Basic. As prescribed in 244.305-71 and 244.305-71(a), use the 
following clause:
* * * * *

0
21. Amend section 252.246-7001 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``246.710(1)(ii)'' and adding ``246.710(1) and (1)(ii)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
0
d. In the Alternate II introductory text--
0
i. Removing ``at 246.710(1)(iii)'' and adding ``in 246.710(1) and 
(1)(iii)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.246-7001   Warranty of data.

    Basic. As prescribed in 246.710(1) and (1)(i), use the following 
clause:
* * * * *

0
22. Amend section 252.247-7008 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic provision introductory text; and
0
c. In the Alternate I introductory text--
0
i. Removing ``247.271-4(a)(2)'' and adding ``247.271-3 and 247.271-3(a) 
and (a)(2)'' in its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.247-7008  Evaluation of bids.

    Basic. As prescribed in 247.271-3 and 247.271-3(a) and (a)(1), use 
the following provision:
* * * * *

0
23. Amend section 252.247-7023 by--
0
a. Removing the introductory text of the section;
0
b. Revising the Basic clause introductory text;
0
c. In the Alternate I introductory text--
0
i. Removing ``247.574(b)(2)'' and adding ``247.574(b) and (b)(2)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
0
d. In the Alternate II introductory text--
0
i. Removing ``247.574(b)(3)'' and adding ``247.574(b) and (b)(3)'' in 
its place; and
0
ii. Removing the period at the end of the introductory text and adding 
a colon in its place.
    The revision reads as follows:


252.247-7023  Transportation of supplies by sea.

    Basic. As prescribed in 247.574(b) and (b)(1), use the following 
clause:
* * * * *
[FR Doc. 2015-15666 Filed 6-25-15; 8:45 am]
 BILLING CODE 5001-06-P