[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25511-25512]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08647]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 212 and 228

[Docket DARS-2023-0001]


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

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

ACTION: Final rule; technical amendment.

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SUMMARY: DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) in order to make needed editorial changes.

DATES: Effective April 27, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense

[[Page 25512]]

Acquisition Regulations System, telephone 703-717-8226.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make 
needed editorial changes to 48 CFR part 212. Section 212.301(f)(vii) is 
amended to list the clauses in numerical order. Sections 212.503 and 
212.504 are revised to list the statutory entries in numerical and 
alphabetical order, and add the descriptive term ``(prohibits mandatory 
arbitration)'' at the redesignated section 212.503 paragraph (vii) and 
section 212.504 paragraph (xiv). A typographical error is corrected at 
section 228.371.

List of Subjects in 48 CFR Parts 212 and 228

    Government procurement.

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

    Therefore, 48 CFR parts 212 and 228 are amended as follows:

0
1. The authority citation for 48 CFR parts 212 and 228 continues to 
read as follows:

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

PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL 
SERVICES

0
2. Amend section 212.301 by--
0
a. Removing paragraph (f)(vii)(C);
0
b. Redesignating paragraphs(f)(vii)(A) and (B) as paragraphs 
(f)(vii)(B) and (C), respectively; and
0
c. Adding a new paragraph (f)(vii)(A).
    The addition reads as follows:


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

* * * * *
    (f) * * *
    (vii) * * *
    (A) Use the provision at 252.219-7000, Advancing Small Business 
Growth, as prescribed in 219.309(1), to comply with 10 U.S.C. 4959.
* * * * *

0
3. Amend section 212.503 by revising paragraphs (a)(iii) through (viii) 
and (c)(i) and (ii) to read as follows:


212.503  Applicability of certain laws to Executive agency contracts 
for the acquisition of commercial products and commercial services.

    (a) * * *
    (iii) 10 U.S.C. 3845, Contractor Inventory Accounting System 
Standards (see 252.242-7004).
    (iv) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81), 
Employment Transparency Regarding Individuals Who Perform Work in the 
People's Republic of China.
    (v) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense 
Related Felonies.
    (vi) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
    (vii) Section 8116 of the Defense Appropriations Act for Fiscal 
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and 
similar sections in subsequent DoD appropriations acts.
    (viii) Domestic Content Restrictions in the National Defense 
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless 
the restriction specifically applies to commercial products or 
commercial services. For the restriction that specifically applies to 
commercial ball or roller bearings as end items, see 225.7009-3 
(section 8065 of Pub. L. 107-117).
    (c) * * *
    (i) 10 U.S.C. 3703, Truthful Cost or Pricing Data (see FAR 15.403-
1(b)(3)).
    (ii) 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct 
Sales to the United States (see FAR 3.503 and 52.203-6).

0
4. Amend section 212.504 by revising paragraphs (a)(i) through (xv) to 
read as follows:


212.504  Applicability of certain laws to subcontracts for the 
acquisition of commercial products and services.

    (a) * * *
    (i) 10 U.S.C. 2391 note, Notification of Substantial Impact on 
Employment.
    (ii) 10 U.S.C. 2631, Transportation of Supplies by Sea (except as 
provided in the clause at 252.247-7023, Transportation of Supplies by 
Sea).
    (iii) 10 U.S.C. 3321(b), Prohibition on Contingent Fees.
    (iv) 10 U.S.C. 3741-3750, Allowable Costs Under Defense Contracts.
    (v) 10 U.S.C. 3841(d), Examination of Records of a Contractor.
    (vi) 10 U.S.C. 3845, Contractor Inventory Accounting System 
Standards.
    (vii) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81), 
Employment Transparency Regarding Individuals Who Perform Work in the 
People's Republic of China.
    (viii) 10 U.S.C. 4654, Prohibition Against Doing Business with 
Certain Offerors or Contractors.
    (ix) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense 
Related Felonies.
    (x) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
    (xi) 10 U.S.C. 4801 note prec., Notification of Proposed Program 
Termination.
    (xii) 10 U.S.C. 4864, Miscellaneous Limitations on the Procurement 
of Goods Other Than United States Goods.
    (xiii) 10 U.S.C. 4871, Reporting Requirement Regarding Dealings 
with Terrorist Countries.
    (xiv) Section 8116 of the Defense Appropriations Act for Fiscal 
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and 
similar sections in subsequent DoD appropriations acts.
    (xv) Domestic Content Restrictions in the National Defense 
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless 
the restriction specifically applies to commercial products and 
commercial services. For the restriction that specifically applies to 
commercial ball or roller bearings as end items, see 225.7009-3 
(section 8065 of Pub. L. 107-117).
* * * * *

PART 228--BONDS AND INSURANCE


228.371  [Amended]

0
5. Amend section 228.371 in paragraph (b)(2) by removing ``228.371-3'' 
and adding ``228.370-3'' in its place.

[FR Doc. 2023-08647 Filed 4-26-23; 8:45 am]
BILLING CODE 5001-06-P