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

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Start Preamble Start Printed Page 36898

AGENCY:

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

ACTION:

Final rule.

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.

Start Further Info

FOR FURTHER INFORMATION CONTACT:

Ms. Tresa Sullivan, telephone 571-372-6176.

End Further Info End Preamble Start Supplemental Information

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).

Start List of Subjects

List of Subjects in 48 CFR Parts 225 and 252

  • Government procurement
End List of Subjects Start Signature

Amy G. Williams,

Editor, Defense Acquisition Regulations System.

End Signature

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

Start Amendment Part

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

End Amendment Part Start Authority

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

End Authority Start Part

PART 225—FOREIGN ACQUISITION

[Amended]
End Part Start Amendment Part

2. Amend section 225.1101 by—

End Amendment Part Start Amendment Part

a. In paragraph (10)(i)(A), removing “;$100,000,” and adding “$100,000, but is less than $204,000,” in its place;

End Amendment Part Start Amendment Part

b. In paragraph (10)(i)(B), removing “estimated value” and adding “estimated value equals or exceeds $25,000, but” in its place;

End Amendment Part Start Amendment Part

c. In paragraph (10)(i)(C), removing “$100,000” and adding “$100,000, but is less than $204,000,” in its place; and

End Amendment Part Start Amendment Part

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.

End Amendment Part Start Part

PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

End Part Start Amendment Part

3. Amend section 252.216-7010 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “216.506(d)(2)” and adding “216.506(d) and (d)(2)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Requirements.

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

* * * * *
Start Amendment Part

4. Amend section 252.217-7000 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “217.208-70(a)(2)” and adding “217.208(a) and (a)(2)” in its place.

End Amendment Part

The revision reads as follows:

Exercise of option to fulfill foreign military sales commitments.

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

* * * * *
Start Amendment Part

5. Amend section 252.223-7006 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “223.7106(b)” and adding “223.7106 and 223.7106(b)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and replacing it with a colon.

End Amendment Part

The revision reads as follows:

Start Printed Page 36899
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:

* * * * *
Start Amendment Part

6. Amend section 252.225-7000 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic provision introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “225.1101(1)(ii)” and adding “225.1101(1) and (1)(ii)” in its place.

End Amendment Part

The revision reads as follows:

Buy American—Balance of Payments Program Certificate.

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

* * * * *
Start Amendment Part

7. Amend section 252.225-7001 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “225.1101(2)(iii)” and adding “225.1101(2)(i) and (2)(iii)” in its place.

End Amendment Part

The revision reads as follows:

Buy American and Balance of Payments Program.

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

* * * * *
Start Amendment Part

8. Amend section 252.225-7020 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic provision introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “225.1101(5)(ii)” and adding “225.1101(5) and (5)(ii)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing “basic clause:” and adding “basic provision:” in its place.

End Amendment Part

The revision reads as follows:

Trade Agreements Certificate.

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

* * * * *
Start Amendment Part

9. Amend section 252.225-7021 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate II introductory text, by removing “225.1101(6)(ii)” and adding “225.1101(6) and (6)(ii)” in its place.

End Amendment Part

The revision reads as follows:

Trade agreements.

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

* * * * *
Start Amendment Part

10. Amend section 252.225-7035 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic provision introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “225.1101(9)(ii)” and adding “225.1101(9) and (9)(ii)” in its place;

End Amendment Part Start Amendment Part

d. In the Alternate II introductory text, removing “225.1101(9)(iii)” and adding “225.1101(9) and (9)(iii)” in its place;

End Amendment Part Start Amendment Part

e. In the Alternate III introductory text, removing “225.1101(9)(iv)” and adding “225.1101(9) and (9)(iv)” in its place;

End Amendment Part Start Amendment Part

f. In the Alternate IV introductory text, removing “225.1101(9)(v)” and adding “225.1101(9) and (9)(v)” in its place; and

End Amendment Part Start Amendment Part

g. In the Alternate V introductory text, removing “225.1101(9)(vi)” and adding “225.1101(9) and (9)(vi)” in its place.

End Amendment Part

The revision reads as follows:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

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

* * * * *
Start Amendment Part

11. Amend section 252.225-7036 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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;

End Amendment Part Start Amendment Part

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

End Amendment Part Start Amendment Part

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.

End Amendment Part

The revision reads as follows:

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:

* * * * *
Start Amendment Part

12. Amend section 252.225-7044 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “225.7503(a)(2)” and adding “225.7503(a) and (a)(2)” in its place.

End Amendment Part

The revision reads as follows:

Balance of Payments Program—Construction Material.

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

* * * * *
Start Amendment Part

13. Amend section 252.225-7045 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “225.7503(b)(2)” and adding “225.7503(b) and (b)(2)” in its place;

End Amendment Part Start Amendment Part

d. In the Alternate II introductory text, removing “225.7503(b)(3)” and adding “225.7503(b) and (b)(3)” in its place;

End Amendment Part Start Amendment Part

e. In the Alternate III introductory text, removing “225.7503(b)(4)” and adding “225.7503(b) and (b)(4)” in its place.

End Amendment Part

The revision reads as follows:

Balance of Payments Program—Construction Material Under Trade Agreements.

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

* * * * *
Start Amendment Part

14. Amend section 252.229-7001 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “at 229.402-70(a)(2)” and adding “in 229.402-70(a) and (a)(2)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Tax Relief.

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

* * * * *
Start Amendment Part

15. Amend section 252.234-7003 by—

End Amendment Part Start Amendment Part

a. Revising the section heading;

End Amendment Part Start Amendment Part

b. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

c. Revising the Basic provision introductory text; and

End Amendment Part Start Amendment Part

d. In the Alternate I introductory text, removing “234.7101(a)(2)” and adding “234.7101(a) and (a)(2)” in its place.

End Amendment Part

The revision reads as follows:

Notice of Cost and Software Data Reporting System.

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

* * * * *
Start Printed Page 36900 Start Amendment Part

16. Amend section 252.234-7004 by—

End Amendment Part Start Amendment Part

a. Revising the section heading;

End Amendment Part Start Amendment Part

b. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

c. Revising the Basic clause introductory text; and

End Amendment Part Start Amendment Part

d. In the Alternate I introductory text, removing “234.7101(b)(2)” and adding “234.7101(b) and (b)(2)” in its place.

End Amendment Part

The revision reads as follows:

Cost and Software Data Reporting System.

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

* * * * *
Start Amendment Part

17. Amend section 252.235-7003 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “at 235.072(b)(2)” and adding “in 234.072(b) and (b)(2)” in its place; and

End Amendment Part Start Amendment Part

ii Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Frequency authorization.

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

* * * * *
Start Amendment Part

18. Amend 252.237-7002 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic provision introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “237.7003(a)(2)” and adding “237.7003(a) and (a)(2)” in its place.

End Amendment Part

The revision reads as follows:

Award to single offeror.

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

* * * * *
Start Amendment Part

19. Amend section 252.237-7016 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text, removing “237.7101(e)(2)” and adding “237.7101(e) and (e)(2)” in its place; and

End Amendment Part Start Amendment Part

d. In the Alternate II introductory text, removing “237.7101(e)(3)” and adding “237.7101(e) and (e)(3)” in its place.

End Amendment Part

The revision reads as follows:

Delivery tickets.

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

* * * * *
Start Amendment Part

20. Amend section 252.244-7001 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “244.305-71(b)” and adding “244.305-71 and 244.305-71(b)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and add a colon in its place.

End Amendment Part

The revision reads as follows:

Contractor purchasing system administration.

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

* * * * *
Start Amendment Part

21. Amend section 252.246-7001 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “246.710(1)(ii)” and adding “246.710(1) and (1)(ii)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part Start Amendment Part

d. In the Alternate II introductory text—

End Amendment Part Start Amendment Part

i. Removing “at 246.710(1)(iii)” and adding “in 246.710(1) and (1)(iii)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Warranty of data.

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

* * * * *
Start Amendment Part

22. Amend section 252.247-7008 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic provision introductory text; and

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “247.271-4(a)(2)” and adding “247.271-3 and 247.271-3(a) and (a)(2)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Evaluation of bids.

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

* * * * *
Start Amendment Part

23. Amend section 252.247-7023 by—

End Amendment Part Start Amendment Part

a. Removing the introductory text of the section;

End Amendment Part Start Amendment Part

b. Revising the Basic clause introductory text;

End Amendment Part Start Amendment Part

c. In the Alternate I introductory text—

End Amendment Part Start Amendment Part

i. Removing “247.574(b)(2)” and adding “247.574(b) and (b)(2)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part Start Amendment Part

d. In the Alternate II introductory text—

End Amendment Part Start Amendment Part

i. Removing “247.574(b)(3)” and adding “247.574(b) and (b)(3)” in its place; and

End Amendment Part Start Amendment Part

ii. Removing the period at the end of the introductory text and adding a colon in its place.

End Amendment Part

The revision reads as follows:

Transportation of supplies by sea.

Basic. As prescribed in 247.574(b) and (b)(1), use the following clause:

* * * * *
End Supplemental Information

[FR Doc. 2015-15666 Filed 6-25-15; 8:45 am]

BILLING CODE 5001-06-P