[Federal Register Volume 88, Number 205 (Wednesday, October 25, 2023)]
[Rules and Regulations]
[Pages 73234-73238]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-23435]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 201, 202, 203, 205, 206, 207, 208, 209, 215, 217, 219, 
222, 225, 230, 231, 232, 236, 242, 243, 249, 250, and 252

[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.

-----------------------------------------------------------------------

SUMMARY: DoD is amending the Defense Federal Acquisition Regulation 
Supplement (DFARS) to make needed editorial changes resulting from a 
section of the National Defense Authorization Act for Fiscal Year 2017 
that made organizational changes within the Office of the Secretary of 
Defense.

DATES: Effective October 30, 2023.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense 
Acquisition Regulations System, telephone 703-717-8226.

SUPPLEMENTARY INFORMATION: Section 901 of the National Defense 
Authorization Act (NDAA) for Fiscal Year (FY) 2017 (Pub. L. 114-328) 
amended title 10, United States Code (U.S.C.) to strike 10 U.S.C. 133 
and add two new sections 10 U.S.C. 133a, Under Secretary of Defense for 
Research and Engineering; and 10 U.S.C. 133b, Under Secretary of 
Defense for Acquisition and Sustainment, effective February 1, 2018. 
This technical amendment provides editorial changes to fully align the 
DFARS with the name redesignations necessitated by section 901(b) of 
the NDAA for FY 2017 from Under Secretary of Defense for Acquisition, 
Technology, and Logistics (USD(AT&L)) to Under Secretary of Defense for 
Acquisition and Sustainment (USD(A&S)).
    The DFARS has been incrementally updated to implement the section 
901(b) name changes when publishing other final rules that included 
these organizational references; however, this technical amendment is 
needed to accomplish all remaining changes required. Concurrently, the 
previously designated USD(AT&L) Defense Procurement and Acquisition 
Policy office was changed to USD(A&S) Defense Pricing and Contracting, 
and this change is included in this technical amendment. Certain 
internet links and email addresses are updated and other minor edits 
are made to add pointers to DFARS Procedures, Guidance, and 
Information.

List of Subjects in 48 CFR Parts 201, 202, 203, 205, 206, 207, 208, 
209, 215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243, 249, 
250, and 252

    Government procurement.

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

    Therefore, 48 CFR parts 201, 202, 203, 205, 206, 207, 208, 209, 
215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243, 249, 250, and 
252 are amended as follows:

0
1. The authority citation for 48 CFR parts 201, 202, 203, 205, 206, 
207, 208, 209, 215, 217, 219, 222, 225, 230, 231, 232, 236, 242, 243, 
249, 250, and 252 continues to read as follows:

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

PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM

0
2. Revise section 201.105-3 to read as follows:


201.105-3   Copies.

    The DFARS and the DFARS Procedures, Guidance, and Information (PGI) 
are available at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html.


201.107   [Amended]

0
3. Amend section 201.107 in paragraph (2) by removing ``Under Secretary 
of Defense (Acquisition, Technology, and Logistics)'' and adding 
``Under Secretary of Defense (Acquisition and Sustainment)'' in its 
place.

0
4. Amend section 201.201-1--
0
a. By revising paragraph (d)(i) introductory text;
0
b. In paragraph (d)(i)II by removing ``Recommendation'' and adding 
``RECOMMENDATION'' in its place;
0
c. In paragraph (d)(i)III by removing ``Discussion'' and adding 
``DISCUSSION'' in its place;
0
d. In paragraph (d)(i)IV by removing ``Collaterals'' and adding 
``COLLATERALS'' in its place; and
0
e. By revising paragraph (d)(i)(V).
    The revisions read as follows:


201.201-1   The two councils.

* * * * *
    (d)(i) Departments and agencies process proposed revisions of FAR 
or DFARS through channels to the Director

[[Page 73235]]

of the DAR Council. Process the proposed revision as a memorandum in 
the following format, addressed to the Director, DAR Council via email 
at [email protected].
* * * * *
    V. DEVIATIONS: If a recommended revision of DFARS is a FAR 
deviation, identify the deviation and include under separate TAB a 
justification for the deviation that addresses the requirements of 
201.402(2). The justification should be in the form of a memorandum for 
the Principal Director, Defense Pricing and Contracting, Office of the 
Under Secretary of Defense (Acquisition and Sustainment).
* * * * *


201.301   [Amended]

0
5. Amend section 201.301 in paragraph (b) by removing ``Under Secretary 
of Defense (Acquisition, Technology, and Logistics) (USD(AT&L))'' and 
adding ``Under Secretary of Defense (Acquisition and Sustainment) 
(USD(A&S))'' in its place.

0
6. Amend section 201.304--
0
a. In paragraph (1)(i) introductory text by removing ``USD (AT&L)'' and 
adding ``USD(A&S)'' in its place;
0
b. By revising paragraph (1)(ii);
0
c. In paragraph (2)(ii) by removing ``USD(AT&L)'' and adding 
``USD(A&S)'' in its place;
0
d. In paragraph (4) by removing ``OUSD(AT&L)DPAP'' and adding 
``USD(A&S)DPC'' in its place;
0
e. In paragraph (5) by removing ``USD(AT&L)'' and ``OUSD(AT&L)DPAP'' 
and adding ``USD(A&S)'' and ``OUSD(A&S)DPC'' in their places, 
respectively; and
0
f. By revising paragraph (6).
    The revisions read as follows:


201.304   Agency control and compliance procedures.

* * * * *
    (1) * * *
    (ii) Except as provided in paragraph (2) of this section, the 
USD(A&S) has delegated authority to the Principal Director, Defense 
Pricing and Contracting (DPC) to approve or disapprove the policies, 
procedures, clauses, and forms subject to paragraph (1)(i) of this 
section.
* * * * *
    (6) The Principal Director, DPC publishes changes to the DFARS in 
the Federal Register at https://www.federalregister.gov and on the DPC 
website at https://www.acq.osd.mil/dpap/dars/change_notices.html. Each 
change includes an effective date. Unless guidance accompanying a 
change states otherwise, contracting officers must include any new or 
revised clauses, provisions, or forms in solicitations issued on or 
after the effective date of the change.

0
7. Amend section 201.402 by--
0
a. Revising paragraph (1) introductory text;
0
b. Amending paragraph (1)(ii) by removing ``Subpart'' and adding 
``subpart'' in its place wherever it appears; and
0
c. Revising paragraph (2) introductory text.
    The revisions read as follows:


201.402   Policy.

    (1) The Principal Director, Defense Pricing and Contracting (DPC), 
Office of the Under Secretary of Defense (Acquisition and Sustainment) 
(OUSD(A&S)DPC), is the approval authority within DoD for any individual 
or class deviation from--
* * * * *
    (2) Submit requests for deviation approval through department/
agency channels to the approval authority in paragraph (1) of this 
section, 201.403, or 201.404, as appropriate. Submit deviations that 
require OUSD(A&S)DPC approval through the Director of the DAR Council 
via email at [email protected]. At a minimum, 
each request must--
* * * * *


201.404   [Amended]

0
8. Amend section 201.404 in paragraph (b)(i) by removing 
``OUSD(AT&L)DPAP'' and adding ``OUSD(A&S)DPC'' in its place.
* * * * *

PART 202--DEFINITIONS OF WORDS AND TERMS

0
9. Amend section 202.101--
0
a. In the definition of ``Departments and agencies'' by removing ``the 
Marine Corps is a part of the Department of the Navy'' and adding ``the 
Marine Corps is a part of the Department of the Navy, and the Space 
Force is a part of the Air Force'' in its place and removing ``the 
Space Development Agency,'';
0
b. In the definition of ``Head of the agency'' by removing ``Under 
Secretary of Defense (Acquisition, Technology, and Logistics), and the 
Director of Defense Procurement and Acquisition Policy'' and adding 
``Under Secretary of Defense (Acquisition and Sustainment), and the 
Principal Director, Defense Pricing and Contracting'' in its place;
0
c. In the definition of ``Procedures, Guidance, and Information (PGI)'' 
in paragraph (4) by removing ``electronically at http://
www.acq.osd.mil/dpap/dars/index.htm'' and adding ``at https://www.acq.osd.mil/dpap/dars/dfarspgi/current/index.html'' in its place; 
and
0
d. By revising the definition of ``Senior procurement executive''.
    The revision reads as follows:


202.101   Definitions.

* * * * *
    Senior procurement executive means, for DoD--
    (1) Department of Defense (including the defense agencies)--Under 
Secretary of Defense (Acquisition and Sustainment);
    (2) Department of the Army--Assistant Secretary of the Army 
(Acquisition, Logistics and Technology);
    (3) Department of the Navy--Assistant Secretary of the Navy 
(Research, Development and Acquisition);
    (4) Department of the Air Force--Assistant Secretary of the Air 
Force (Acquisition); and
    (5) The directors of the defense agencies have been delegated 
authority to act as senior procurement executive for their respective 
agencies, except for such actions that by terms of statute, or any 
delegation, must be exercised by the Under Secretary of Defense 
(Acquisition and Sustainment).
* * * * *

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


203.703   [Amended]

0
10. Amend section 203.703 by removing ``Under Secretary of Defense 
(Acquisition, Technology, and Logistics)'' and adding ``Under Secretary 
of Defense (Acquisition and Sustainment)'' in its place.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
11. Revise section 205.205 to read as follows:


205.205   Special situations.

    See PGI 205.205 for instructions on the solicitation notice 
regarding timely definitization of equitable adjustments for change 
orders under construction contracts.


205.303   [Amended]

0
12. Amend section 205.303 in paragraph (a)(ii)(A) by removing ``Office 
of the Assistant Secretary of Defense (Public Affairs)'' and adding 
``Office of the Assistant to the Secretary of Defense for Public 
Affairs'' in its place.

[[Page 73236]]

PART 206--COMPETITION REQUIREMENTS


206.302-5   [Amended]

0
13. Amend section 206.302-5 in paragraph (c)(i)(B) by removing 
``Director of Defense Procurement and Acquisition Policy, Office of the 
Under Secretary of Defense (Acquisition, Technology, and Logistics)'' 
and adding ``Principal Director, Defense Pricing and Contracting, 
Office of the Under Secretary of Defense (Acquisition and 
Sustainment)'' in its place.


206.304   [Amended]

0
14. Amend section 206.304 in paragraph (a)(4) introductory text by 
removing ``Under Secretary of Defense (Acquisition, Technology, and 
Logistics)'' and adding ``Under Secretary of Defense (Acquisition and 
Sustainment)'' in its place.

PART 207--ACQUISITION PLANNING


207.106   [Amended]

0
15. Amend section 207.106 in paragraph (S-73) by removing 
``Undersecretary of Defense for Acquisition, Technology, and Logistics 
(USD (AT&L)) and ``USD (AT&L)'' and adding ``Under Secretary of Defense 
for Acquisition and Sustainment (USD(A&S))'' and ``USD(A&S)'' in their 
places, respectively.

PART 208--REQUIRED SOURCES OF SUPPLIES AND SERVICES


208.7002   [Amended]

0
16. Amend section 208.7002 in paragraphs (a)(1) and (2) and paragraph 
(b) by removing ``Deputy Under Secretary of Defense (Logistics)'' and 
adding ``Deputy Assistant Secretary of Defense (Logistics)'' in its 
place.

PART 209--CONTRACTOR QUALIFICATIONS


209.406-2   [Amended]

0
17. Amend section 209.406-2 in paragraph (1)(ii) by removing ``Director 
of Defense Procurement and Acquisition Policy'' and adding ``Principal 
Director, Defense Pricing and Contracting,'' in its place.


209.570-2   [Amended]

0
18. Amend section 209.570-2 in paragraph (c)(2) by removing ``Under 
Secretary of Defense for Acquisition, Technology, and Logistics. (Also 
see 209.570-3(b).)'' and adding ``Under Secretary of Defense for 
Acquisition and Sustainment. Also, see 209.570-3(b).'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.403-1   [Amended]

0
19. Amend section 215.403-1 in paragraph (c)(4)(B) by removing 
``Director, Defense Pricing and Contracting, Pricing and Contracting 
Initiatives (DPC/PCI)'' and adding ``Office of the Principal Director, 
Defense Pricing and Contracting, (Price, Cost and Finance)'' in its 
place.

0
20. Add section 215.406 to read as follows:


215.406   Documentation.

0
21. Add section 215.406-2 to read as follows:


215.406-2   Certificate of current cost or pricing data.

    See PGI 215.406-2 for additional information and guidance on 
Certificates of Current Cost or Pricing Data.

PART 217--SPECIAL CONTRACTING METHODS


217.7405   [Amended]

0
22. Amend section 217.7405 in paragraph (b) by removing ``Office of the 
Director, Defense Procurement and Acquisition Policy'' and adding 
``Office of the Principal Director, Defense Pricing and Contracting 
(Contract Policy) at [email protected]'' in its place.

PART 219--SMALL BUSINESS PROGRAMS


219.800   [Amended]

0
23. Amend section 219.800 in paragraph (a) by removing ``Under 
Secretary of Defense (Acquisition, Technology, and Logistics)'' and 
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in 
its place.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


222.1403   [Amended]

0
24. Amend section 222.1403 in paragraph (c)(i) by removing ``Under 
Secretary of Defense for Acquisition'' and adding ``Assistant Secretary 
of Defense for Acquisition'' in its place.

PART 225--FOREIGN ACQUISITION


225.103   [Amended]

0
25. Amend section 225.103 in paragraph (a)(i)(B) by removing ``Under 
Secretary of Defense (Acquisition, Technology, and Logistics)'' and 
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in 
its place.

0
26. Amend section 225.401 by revising paragraph (a)(2)(A) introductory 
text to read as follows:


225.401   Exceptions.

    (a) * * *
    (2) * * *
    (A) If a department or agency considers an individual acquisition 
of a product to be indispensable for national security or national 
defense purposes and appropriate for exclusion from the provisions of 
FAR subpart 25.4, it may submit a request with supporting rationale to 
the Principal Director, Defense Pricing and Contracting (DPC), Office 
of the Under Secretary of Defense (Acquisition and Sustainment) 
(OUSD(A&S)DPC). Approval by OUSD(A&S)DPC is not required if--
* * * * *


225.403   [Amended]

0
27. Amend section 225.403 in paragraph (c)(ii) introductory text by 
removing ``Director of Defense Procurement and Acquisition Policy'' and 
adding ``Principal Director, Defense Pricing and Contracting'' in its 
place.


225.770-5   [Amended]

0
28. Amend section 225.770-5 in paragraph (c)(1) by removing ``Director 
of Defense Procurement and Acquisition Policy'' and adding ``Principal 
Director, Defense Pricing and Contracting'' in its place.


225.871-5   [Amended]

0
29. Amend section 225.871-5--
0
a. In the section heading by removing ``Subcontracting'' and adding 
``subcontracting'' in its place; and
0
b. In paragraph (a) by removing ``Director of Defense Procurement and 
Acquisition Policy'' and adding ``Principal Director, Defense Pricing 
and Contracting'' in its place.


225.871-7   [Amended]

0
30. Amend section 225.871-7 in paragraph (a)(1) by removing ``Director 
of Defense Procurement and Acquisition Policy'' and adding ``Principal 
Director, Defense Pricing and Contracting'' in its place.


225.872-2   [Amended]

0
31. Amend section 225.872-2 in paragraph (a)(2)(ii) by removing 
``Deputy Under Secretary of Defense (Industrial Affairs)'' and adding 
``Deputy Assistant Secretary of Defense for Industrial Base Policy'' in 
its place.

[[Page 73237]]

225.872-3   [Amended]

0
32. Amend section 225.872-3 in paragraph (e)(4) by removing ``Under 
Secretary of Defense (Acquisition, Technology, and Logistics)'' and 
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in 
its place.

0
33. Amend section 225.872-5 by revising paragraph (a) to read as 
follows:


225.872-5   Contract administration.

    (a) Arrangements exist with some qualifying countries to provide 
reciprocal contract administration services. Some arrangements are at 
no cost to either government. To determine whether such an arrangement 
has been negotiated and what contract administration functions are 
covered, contact the Office of the Principal Director, Defense Pricing 
and Contracting (Contract Policy) via email at [email protected].
* * * * *


225.7002-2   [Amended]

0
34. Amend section 225.7002-2 in paragraph (b)(1)(i) by removing ``Under 
Secretary of Defense (Acquisition, Technology, and Logistics)'' and 
adding ``Under Secretary of Defense (Acquisition and Sustainment)'' in 
its place.


225.7003-3   [Amended]

0
35. In section 225.7003-3 amend paragraph (b)(2)(ii) by removing 
``Director, Defense Procurement and Acquisition Policy'' and adding 
``Principal Director, Defense Pricing and Contracting'' in its place.

PART 230--COST ACCOUNTING STANDARDS ADMINISTRATION

0
36. Add section 230.201 to read as follows:


230.201   Contract requirements.

0
37. Amend section 230.201-5 by revising paragraph (a)(1)(A) 
introductory text, paragraph (a)(1)(B), and paragraph (e) to read as 
follows:


230.201-5   Waiver.

    (a) * * *
    (1) * * *
    (A) The military departments and the Principal Director, Defense 
Pricing and Contracting (DPC), Office of the Under Secretary of Defense 
(Acquisition and Sustainment)--
* * * * *
    (B) Follow the procedures at PGI 230.201-5(a)(1) for submitting 
waiver requests to the Principal Director, DPC.
* * * * *
    (e) By November 30th of each year, the military departments shall 
provide a report to the Office of the Principal Director, DPC (Contract 
Policy) of all waivers granted under FAR 30.201-5(a), during the 
previous fiscal year, for any contract, subcontract, or modification 
expected to have a value of $15 million or more. See PGI 230.201-5(e) 
for format and guidance for the report. The Principal Director, DPC, 
will submit a consolidated report to the CAS Board and the 
congressional defense committees.

PART 231--CONTRACT COST PRINCIPLES AND PROCEDURES


231.205-70   [Amended]

0
38. Amend section 231.205-70 in paragraph (c)(4)(ii)(A) by removing 
``Under Secretary of Defense (Acquisition, Technology, and Logistics)'' 
and adding ``Under Secretary of Defense (Acquisition and Sustainment)'' 
in its place.

PART 232--CONTRACT FINANCING


232.006-5   [Amended]

0
39. Amend section 232.006-5 by removing ``Departments and agencies'' 
and ``Under Secretary of Defense (Acquisition, Technology, and 
Logistics), through the Director of Defense Procurement and Acquisition 
Policy'' and adding ``Departments and agencies,'' and ``Under Secretary 
of Defense (Acquisition and Sustainment) through the Principal 
Director, Defense Pricing and Contracting'' in their places, 
respectively.

0
40. Amend section 232.070 by revising paragraphs (a) and (b) to read as 
follows:


232.070   Responsibilities.

    (a) The Principal Director, Defense Pricing and Contracting (DPC), 
Office of the Under Secretary of Defense (Acquisition and Sustainment) 
(OUSD(A&S)DPC) is responsible for ensuring uniform administration of 
DoD contract financing, including DoD contract financing policies and 
important related procedures. Agency discretion under FAR part 32 is at 
the DoD level and is not delegated to the departments and agencies. 
Proposals by the departments and agencies, to exercise agency 
discretion, shall be submitted to OUSD(A&S)DPC.
    (b) Departments and agencies are responsible for their day-to-day 
contract financing operations. Refer specific cases involving financing 
policy or important procedural issues to OUSD(A&S)DPC for consideration 
through the department/agency Contract Finance Committee members (also 
see subpart 201.4 for deviation request and approval procedures).
* * * * *


232.611   [Amended]

0
41. Amend section 232.611 in paragraph (a) introductory text by 
removing ``The Director of Defense Procurement and Acquisition Policy, 
Office of the Under Secretary of Defense (Acquisition, Technology, and 
Logistics)'' and adding ``The Principal Director, Defense Pricing and 
Contracting, Office of the Under Secretary of Defense (Acquisition and 
Sustainment)'' in its place.


232.7101   [Amended]

0
42. Amend section 232.7101--
0
a. In paragraph (b) by removing ``Director, Defense Procurement and 
Acquisition Policy (DPAP)'' and adding ``Principal Director, Defense 
Pricing and Contracting (DPC)'' in its place; and
0
b. In paragraph (c) by removing ``Director, DPAP'' and adding 
``Principal Director, DPC'' in its place.

PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

0
43. Add section 236.211 to read as follows:


236.211   Distribution of advance notices and solicitations.

    See PGI 236.211 for instructions on reporting data for 
definitization of requests for equitable adjustment.

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES


242.602   [Amended]

0
44. Amend section 242.602 in paragraph (c)(2) by removing ``Director of 
Defense Procurement and Acquisition Policy'' and adding ``Principal 
Director, Defense Pricing and Contracting'' in its place.

PART 243--CONTRACT MODIFICATIONS

0
45. Amend section 243.204-70-1 by revising paragraph (b) to read as 
follows:


243.204-70-1   Scope.

* * * * *
    (b) Unpriced change orders for foreign military sales and special 
access programs are not subject to this section, but the contracting 
officer shall apply the policy and procedures to them to the maximum 
extent practicable. If the contracting officer determines that it is 
impracticable to adhere to the policy and procedures of this section 
for an

[[Page 73238]]

unpriced change order for a foreign military sale or a special access 
program, the contracting officer shall provide prior notice, through 
agency channels, to the Office of the Principal Director, Defense 
Pricing and Contracting (Contract Policy) via email at 
[email protected].

PART 249--TERMINATION OF CONTRACTS

0
46. Amend section 249.7000 by revising paragraph (a)(1) to read as 
follows:


249.7000   Terminated contracts with Canadian Commercial Corporation.

    (a) * * *
    (1) The Letter of Agreement (LOA) between the Department of Defence 
Production (Canada) and the U.S. DoD, ``Canadian Agreement'' (for a 
copy of the LOA or for questions on its currency, contact the Office of 
the Principal Director, Defense Pricing and Contracting (Contract 
Policy), at [email protected];
* * * * *

PART 250--EXTRAORDINARY CONTRACTUAL ACTIONS AND THE SAFETY ACT


250.102-1-70   [Amended]

0
47. Amend section 250.102-1-70 in paragraph (b)(1) by removing ``USD 
(AT&L)'' and adding ``USD(A&S)'' in its place, and in paragraph (b)(2) 
by removing ``USD(AT&L)'' and adding ``USD(A&S)'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.225-7040   [Amended]

0
48. Amend section 252.225-7040--
0
a. By removing the clause date ``(OCT 2015)''; and adding ``(OCT 
2023)'' in its place; and
0
b. In paragraph (g)(1) of the clause by removing ``USD (AT&L)'' and 
adding ``the Under Secretary of Defense (Acquisition and Sustainment)'' 
in its place.

[FR Doc. 2023-23435 Filed 10-24-23; 8:45 am]
BILLING CODE 6001-FR-P