[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80465-80467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25162]


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

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 211, 215, 223, 234, and 252

[Docket DARS-2023-0001; Req No. DARS-2024-00013-FR]


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.

DATES: Effective November 17, 2023.

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

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make 
needed editorial changes to 48 CFR parts 211, 215, 234, and 252 as 
follows:
    1. Update the title of DoD Directive 5000.02 at DFARS 211.002, 
234.003, and 234.7100.
    2. At DFARS 215.404-75(b), remove an obsolete document reference 
``DoD FFRDC Management Plan'' and replace it with the current reference 
``DoD Instruction 5000.77, DoD Federally Funded Research and 
Development Center Program''.
    3. Update references to DoD Manual 4145.26 at DFARS 223.370-3 and 
252.223-7002, and update references to DoD Manual 5100.76 at DFARS 
223.7200, 223.7201, 223/7202, 223.7202, and 252.223-7007.
    4. Provide a cross-reference to DFARS Procedures, Guidance, and 
Information 234.005-1 at DFARS 234.005-1.
    5. Update the System for Award Management internet link at DFARS 
252.204-7007.
    6. Update internet links to the Basic NIST SP 800-171 DoD 
Assessment reference document at DFARS 252.204-7019 and 252.204-7020.
    7. Update references to replace ``Bahrainian'' with ``Bahraini'' at 
DFARS 252.225-7013, 252.227-7017, 252.225-7018, 252.225-7035, 252.225-
7036, 252.225-7045, and 252.227-7018.
    8. Correct a reference at DFARS 252.227-7018 to ``60 days''.

[[Page 80466]]

List of Subjects in 48 CFR Parts 211, 215, 223, 234, and 252

    Government procurement.

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

    Therefore, 48 CFR parts 211, 215, 223, 234, and 252 are amended as 
follows:

0
1. The authority citation for 48 CFR parts 211, 215, 223, 234, and 252 
continues to read as follows:

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

PART 211--DESCRIBING AGENCY NEEDS


211.002  [Amended]

0
2. Amend section 211.002 by removing ``Operation of the Defense 
Acquisition System'' and adding ``Operation of the Adaptive Acquisition 
Framework'' in its place.

PART 215--CONTRACTING BY NEGOTIATION


215.404-75  [Amended]

0
3. Amend section 215.404-75 in paragraph (b) by removing ``DoD FFRDC 
Management Plan'' and adding ``DoD Instruction 5000.77, DoD Federally 
Funded Research and Development Center Program'' in its place.

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


223.370-3  [Amended]

0
4. Amend section 223.370-3 in paragraph (b) by removing ``DoD Manual 
4145.26-M'' and ``these regulations'' and adding ``DoD Manual 4145.26'' 
and ``the ammunition and explosives regulation of the DoD component or 
installation'' in their places, respectively.

0
5. Revise section 223.7200 to read as follows:


223.7200  Definition.

    As used in this subpart--
    Arms, ammunition, and explosives (AA&E) means those items within 
the scope of DoD Manual 5100.76, Physical Security of Sensitive 
Conventional Arms, Ammunition, and Explosives.


223.7201  [Amended]

0
6. Amend section 223.7201 in paragraphs (a) introductory text, (b) 
introductory text, and (b)(2) by removing ``DoD 5100.76-M'' and adding 
``DoD Manual 5100.76'' in its place.


223.7202  [Amended]

0
7. Amend section 223.7202 in paragraph (b) by removing ``DoD 5100.76-
M'' and adding ``DoD Manual 5100.76'' in its place.


223.7203  [Amended]

0
8. Amend section 223.7203 by removing ``DoD 5100.76-M'' and adding 
``DoD Manual 5100.76'' in its place.

PART 234--MAJOR SYSTEM ACQUISITION


234.003  [Amended]

0
9. Amend section 234.003 by removing ``Operation of the Defense 
Acquisition System'' and adding ``Operation of the Adaptive Acquisition 
Framework'' in its place.

0
10. Amend section 234.005-1 by adding paragraph (4) to read as follows:


234.005-1  Competition.

* * * * *
    (4) See PGI 234.005-1 for guidance on providing, upon request, the 
benefits derived from use of this competitive selection method.


234.7100  [Amended]

0
11. Amend section 234.7100 in paragraphs (a) and (b) by removing 
``Operation of the Defense Acquisition System'' and adding ``Operation 
of the Adaptive Acquisition Framework'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.204-7007  [Amended]

0
12. Amend section 252.204-7007-
0
a. By removing the clause date ``(MAY 2021)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraph (e) by removing ``https://www.acquisition.gov/'' and 
adding ``https://www.sam.gov'' in its place.


252.204-7019  [Amended]

0
13. Amend section 252.204-7019--
0
a. By removing the clause date ``(MAR 2022)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraph (b) by removing ``https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171'' and adding ``https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf'' in its place.


252.204-7020  [Amended]

0
14. Amend section 252.204-7020--
0
a. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraphs (c) and (g)(2) by removing ``https://www.acq.osd.mil/asda/dpc/cp/cyber/safeguarding.html#nistSP800171'' and adding ``https://www.acq.osd.mil/asda/dpc/cp/cyber/docs/safeguarding/NIST-SP-800-171-Assessment-Methodology-Version-1.2.1-6.24.2020.pdf'' in its place.

0
15. Amend section 252.223-7002 by revising the section heading, clause 
date, and paragraph (b)(1) to read as follows:


252.223-7002  Safety Precautions for Ammunition and Explosives.

* * * * *

Safety Precautions for Ammunition and Explosives (NOV 2023)

* * * * *
    (b) * * *
    (1) The Contractor shall comply with the requirements of DoD 
Manual 4145.26, DoD Contractors' Safety Manual for Ammunition and 
Explosives, hereafter referred to as ``the manual,'' in effect on 
the date of the solicitation for this contract. The Contractor shall 
also comply with any other additional requirements included in the 
schedule of this contract.
* * * * *

0
16. Amend section 252.223-7007--
0
a. By revising the section heading, clause date, and paragraph (a);
0
b. In paragraphs (b) and (c) by removing ``DoD 5100.76-M'' and adding 
``DoD Manual 5100.76'' in its place wherever it appears;
0
c. In paragraph (d) by removing ``Defense Security Service (DSS)'' and 
adding ``Defense Counterintelligence and Security Agency (DCSA)'' in 
its place;
0
d. In paragraph (e) by removing ``DSS'' and adding ``DCSA'' in its 
place; and
0
e. In paragraph (f) by adding a paragraph heading.
    The revisions and addition read as follows:


252.223-7007  Safeguarding Sensitive Conventional Arms, Ammunition, and 
Explosives.

* * * * *

Safeguarding Sensitive Conventional Arms, Ammunition, and Explosives 
(NOV 2023)

    (a) Definition. As used in this clause--Arms, ammunition, and 
explosives (AA&E) means those items within the scope of DoD Manual 
5100.76, Physical Security of Sensitive Conventional Arms, 
Ammunition, and Explosives.
* * * * *
    (f) Subcontracts. * * *
* * * * *

[[Page 80467]]

252.225-7013  [Amended]

0
17. Amend section 252.225-7013--
0
a. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraph (a), in paragraphs (2) and (3) of the definition of 
``Eligible product'', by removing ``Bahrainian'' and adding 
``Bahraini'' in its place.


252.225-7017  [Amended]

0
18. Amend section 252.225-7017--
0
a. By removing the clause date ``(OCT 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraph (a), in the definition of ``Bahrainian photovoltaic 
device'', and paragraphs (c)(2) and (3) by removing ``Bahrainian'' and 
adding ``Bahraini'' in its place wherever it appears.


252.225-7018  [Amended]

0
19. Amend section 252.225-7018--
0
a. By removing the provision date ``(DEC 2022)'' and adding ``(NOV 
2023)'' in its place; and
0
b. In paragraph (a) by removing ``Bahrainian'' and adding ``Bahraini'' 
in its place; and
0
c. In paragraphs (d)(4)(ii) and (d)(5)(ii) by removing ``Bahrainian'' 
and adding ``Bahraini'' in its place.


252.225-7035  [Amended]

0
20. Amend section 252.225-7035--
0
a. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 2023)'' 
in its place;
0
b. In paragraphs (a), (b)(2), and (c)(2)(ii) by removing ``Bahrainian'' 
and adding ``Bahraini'' in its place;
0
c. In Alternate I introductory text by removing ``Bahrainian'' and 
adding ``Bahraini'' in its place wherever it appears;
0
d. In Alternate II--
0
i. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraphs (a), (b)(2), and (c)(2)(ii) by removing 
``Bahrainian'' and adding ``Bahraini'' in its place;
0
e. In Alternate III--
0
i. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraph (c)(2)(ii) by removing ``Bahrainian'' and adding 
``Bahraini'' in its place;
0
f. In Alternate IV--
0
i. In the introductory text by removing ``Bahrainian'' and adding 
``Bahraini'' in its place wherever it appears;
0
ii. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 
2023)'' in its place; and
0
iii. In paragraphs (a), (b)(2), and (c)(2)(ii) by removing 
``Bahrainian'' and adding ``Bahraini'' in its place; and
0
g. In Alternate V--
0
i. By removing the clause date ``(DEC 2022)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraphs (a), (b)(2), and (c)(2)(ii) by removing 
``Bahrainian'' and adding ``Bahraini'' in its place.


252.225-7036  [Amended]

0
21. Amend section 252.225-7036--
0
a. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place;
0
b. In paragraphs (a) and (c) by removing ``Bahrainian'' and adding 
``Bahraini'' in its place wherever it appears;
0
c. In Alternate I--
0
i. By revising the clause title;
0
ii. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 
2023)'' in its place; and
0
iii. In paragraph (a), in the definition of ``Bahrainian end product'', 
by removing ``Bahrainian'' and adding ``Bahraini'' in its place;
0
d. In Alternate II--
0
i. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraphs (a) and (c) by removing ``Bahrainian'' and adding 
``Bahraini'' in its place wherever it appears;
0
e. In Alternate III--
0
i. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraph (a), in the definition of ``Bahrainian end product'', 
by removing ``Bahrainian'' and adding ``Bahraini'' in its place;
0
f. In Alternate IV--
0
i. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraphs (a) and (c) by removing ``Bahrainian'' and adding 
``Bahraini'' in its place wherever it appears; and
0
g. In Alternate V--
0
i. By removing the clause date ``(JAN 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraphs (a) and (c) by removing ``Bahrainian'' and adding 
``Bahraini'' in its place wherever it appears.


252.225-7045  [Amended]

0
22. Amend section 252.225-7045--
0
a. In Alternate I--
0
i. In the introductory text by removing ``Bahrainian'' and adding 
``Bahraini'' in its place;
0
ii. By removing the clause date ``(OCT 2023)'' and adding ``(NOV 
2023)'' in its place; and
0
iii. In paragraphs (a) and (b) and paragraph (c) introductory text by 
removing ``Bahrainian'' and adding ``Bahraini'' in its place.
0
b. In Alternate III--
0
i. By removing the clause date ``(OCT 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
ii. In paragraph (b) and paragraph (c) introductory text by removing 
``Bahrainian'' and adding ``Bahraini'' in its place.


252.227-7018  [Amended]

0
23. Amend section 252.227-7018--
0
a. By removing the clause date ``(MAR 2023)'' and adding ``(NOV 2023)'' 
in its place; and
0
b. In paragraph (h)(2) by removing ``sixty (6)) days'' and adding ``60 
days'' in its place.

[FR Doc. 2023-25162 Filed 11-16-23; 8:45 am]
BILLING CODE 6001-FR-P