[Federal Register Volume 86, Number 207 (Friday, October 29, 2021)]
[Rules and Regulations]
[Pages 59869-59871]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-23458]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 
223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252

[Docket DARS-2021-0001]


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 October 29, 2021.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense 
Acquisition Regulations System, OUSD(A&S)DPC(DARS), Room 3B938, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6100.

SUPPLEMENTARY INFORMATION: This final rule makes editorial changes to 
48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 
223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252 to amend 
the DFARS.

List of Subjects in 48 CFR Parts 203, 205, 207, 209, 211, 212, 215, 
216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 
246, 251, and 252

    Government procurement.

Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.

    Therefore, 48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 
217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, 
and 252 are amended as follows:

0
1. The authority citation for 48 CFR parts 203, 205, 207, 209, 211, 
212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 
245, 246, 251, and 252 continues to read as follows:

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

[[Page 59870]]

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


203.806  [Amended]

0
2. Amend section 203.806 by removing ``PGI 203.8(a)'' and adding ``PGI 
203.806(a)'' in its place.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
3. Add a 205.205 section heading to subpart 205.2 to read as follows:


205.205  Special situations.

PART 207--ACQUISITION PLANNING

Subpart 207.4--Equipment Acquisition

0
4. Revise the heading for subpart 207.4 to read as set forth above.

PART 209--CONTRACTOR QUALIFICATIONS

0
5. Revise the heading for section 209.409 to read as follows:


209.409  Contract clause.

* * * * *

PART 211--DESCRIBING AGENCY NEEDS


211.105  [Removed]

0
6. Remove section 211.105.

Subpart 211.70[Removed]

0
7. Remove subpart 211.70, consisting of reserved section 211.7001.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

Subpart 212.5--Applicability of Certain Laws to the Acquisition of 
Commercial Items and Commercially Available Off-the-Shelf Items

0
8. Revise the heading for subpart 212.5 to read as set forth above.


212.570  [Redesignated as 212.505]

0
9. Redesignate section 212.570 as 212.505 and revise the heading to 
read as follows:


212.505  Applicability of certain laws to contracts for the acquisition 
of COTS items.

* * * * *

PART 215--CONTRACTING BY NEGOTIATION

Subpart 215.1--Source Selection Processes and Techniques

0
10. Add subpart 215.1 to consist of existing sections 215.101 through 
215.101-70 under the heading set forth above.

PART 216--TYPES OF CONTRACTS

0
11. Revise the heading for section 216.402-2 to read as follows:


216.402-2  Performance incentives.

* * * * *

PART 217--SPECIAL CONTRACTING METHODS

Subpart 217.78--Reverse Auctions

0
12. Revise the heading for subpart 217.78 to read as set forth above.

PART 218--EMERGENCY ACQUISITIONS

0
13. Revise the heading for section 218.203 to read as follows:


218.203   Emergency declaration or major disaster declaration.

* * * * *

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
14. Revise the heading for section 222.403 to read as follows:


222.403   Statutory, Executive order, and regulatory requirements.

* * * * *


222.403-4   [Redesignated as 222.403-70]

0
15. Redesignate section 222.403-4 as 222.403-70.

Subpart 222.6--Contracts for Materials, Supplies, Articles, and 
Equipment

0
16. Revise the heading for subpart 222.6 to read as set forth above.

PART 223--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE 
ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

Subpart 223.4--Use of Recovered Materials and Biobased Products

0
17. Revise the heading for subpart 223.4 to read as set forth above.

Subpart 223.8--Ozone-Depleting Substances and Greenhouse Gases

0
18. Revise the heading for subpart 223.8 to read as set forth above.


223.803   [Redesignated as 223.802]

0
19. Redesignate section 223.803 as 223.802.

PART 225--FOREIGN ACQUISITION

Subpart 225.1--Buy American--Supplies

0
20. Revise the heading for subpart 225.1 to read as set forth above.

Subpart 225.2--Buy American--Construction Materials

0
21. Revise the heading for subpart 225.2 to read as set forth above.

0
22. Add a heading for section 225.701 to read as follows:


225.701   Restrictions administered by the Department of the Treasury 
on acquisitions of supplies or services from prohibited sources.

PART 228--BONDS AND INSURANCE

Subpart 228.1--Bonds and Other Financial Protections

0
23. Revise the heading for subpart 228.1 to read as set forth above.

0
24. Revise the heading for section 228.102 to read as follows:


228.102  Performance and payment bonds and alternative payment 
protections for construction contracts.

PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES

0
25. Revise the heading for section 231.205-22 to read as follows:


231.205-22   Lobbying and political activity costs.

* * * * *

PART 232--CONTRACT FINANCING


232.705 and 232.705-70  [Redesignated as 232.706 and 232.706-70]

0
26. Redesignate sections 232.705 and 232.705-70 as sections 232.706 and 
232.706-70, respectively.

0
27. Revise the heading for section 232.806 to read as follows:


232.806   Contract clauses.

* * * * *

PART 233--PROTESTS, DISPUTES, AND APPEALS

0
28. Revise the heading for section 233.215 to read as follows:


233.215   Contract clauses.

* * * * *

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY


239.001  [Redesignated]

0
29. Redesignate section 239.001 by removing its designation in subpart

[[Page 59871]]

239.1 and placing it immediately before subpart 239.1.


239.7602-1   [Amended]

0
30. Amend section 239.7602-1 in paragraph (b)(1) by removing ``http://iase.disa.mil/cloud_security/Pages/index.aspx'' and adding ``https://public.cyber.mil/dccs/'' in its place.

0
31. Amend section 239.7602-2 by adding a sentence at the end of 
paragraph (b) to read as follows:


239.7602-2   Required storage of data within the United States or 
outlying areas.

* * * * *
    (b) * * * See PGI 239.7602-2 for additional guidance.

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
32. Revise the heading for section 242.1204 to read as follows:


242.1204   Applicability of novation agreements.

* * * * *

PART 245--GOVERNMENT PROPERTY

0
33. Revise the heading for section 245.604 to read as follows:


245.604  Sale of surplus personal property.


245.604-3   [Redesignated as 245.604-1]

0
34. Redesignate section 245.604-3 as 245.604-1 and revise it to read as 
follows:


245.604-1   Sales procedures.

    (1) Best value sales approach. Plant clearance officers shall 
determine a best value sales approach (formal or informal sales), to 
include due consideration for costs, risks, and benefits, e.g., 
potential sales proceeds.
    (2) Informal bid procedures. The plant clearance officer may direct 
the contractor to issue informal invitations for bid (orally, 
telephonically, or by other informal media), provided--
    (i) Maximum practical competition is obtained;
    (ii) Sources solicited are recorded; and
    (iii) Informal bids are confirmed in writing.
    (3) Sale approval and award. Plant clearance officers shall--
    (i) Evaluate bids to establish that the sale price is fair and 
reasonable, taking into consideration--
    (A) Knowledge or tests of the market;
    (B) Current published prices for the property;
    (C) The nature, condition, quantity, and location of the property; 
and
    (D) Past sale history for like or similar items;
    (ii) Approve award to the responsible bidder whose bid is most 
advantageous to the Government. The plant clearance officer shall not 
approve award to any bidder who is an ineligible transferee, as defined 
in 252.245-7004, Reporting, Reutilization, and Disposal; and
    (iii) Notify the contractor of the bidder to whom an award will be 
made within 5 working days from receipt of bids.
    (4) Noncompetitive sales.
    (i) Noncompetitive sales include purchases or retention at less 
than cost by the contractor. Noncompetitive sales may be made when--
    (A) The plant clearance officer determines that this method is 
essential to expeditious plant clearance; and
    (B) The Government's interests are adequately protected.
    (ii) Noncompetitive sales shall be at fair and reasonable prices, 
not less than those reasonably expected under competitive sales.
    (iii) Conditions justifying noncompetitive sales are--
    (A) No acceptable bids are received under competitive sale;
    (B) Anticipated sales proceeds do not warrant competitive sale;
    (C) Specialized nature of the property would not create bidder 
interest;
    (D) Removal of the property would reduce its value or result in 
disproportionate handling expenses; or
    (E) Such action is essential to the Government's interests.
    (5) Plant clearance officers shall consider any special disposal 
requirements such as demilitarization or trade security control 
requirements in accordance with DoDM 4160.28-M, Defense 
Demilitarization Manual, and DoDI 2030.08, Implementation of Trade 
Security Controls, respectively. See PGI 245.6.

PART 246--QUALITY ASSURANCE


246.701   [Removed]

0
35. Remove the first instance of section 246.701 (without heading and 
text).

0
36. Add section 246.702 to read as follows: 246.702 General.


246.701   [Redesignated as 246.702-70]

0
37. Redesignate the second instance of section 246.701 (headed 
``Definitions'') as 246.702-70.

0
38. Revise the heading for section 246.710 to read as follows:


246.710   Contract clauses.

* * * * *

PART 251--USE OF GOVERNMENT SOURCES BY CONTRACTORS

Subpart 251.2--Contractor Use of Interagency Fleet Management 
System (IFMS)

0
39. Revise the heading for subpart 251.2 to read as set forth above.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.102   [Redesignated as 252.103]

0
40. Redesignate section 252.102 as 252.103.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.232-7007  [Amended]

0
41. Amend section 252.232-7007 in the introductory text by removing 
``232.705-70'' and adding ``232.706-70'' in its place.
[FR Doc. 2021-23458 Filed 10-28-21; 8:45 am]
BILLING CODE 5001-06-P