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Rule

Defense Federal Acquisition Regulation Supplement: Technical Amendments

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Start Preamble

AGENCY:

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

ACTION:

Final rule.

SUMMARY:

DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

DATES:

Effective May 20, 2021.

Start Further Info

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.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

This final rule amends the DFARS as follows:

1. At DFARS 207.106, deletes a redundant paragragh that duplicates paragraph (S-70)(2)(ii).

2. Updates internet addresses at DFARS 213.301 paragraph (4), DFARS 242.202 paragraph (e)(1)(A), and DFARS 253.303.

3. Amends the table at DFARS 215.404-71-3, paragraph (c), to correct a typographical error in the term “Cost-plus-incentive-fee” in the “Contract Type” column; and removes unnecessary punctuation in the column titled “Designated Range (percent)”.

4. In paragraph (e) of the clause at DFARS 252.204-7007, replaces references to the Online Representations and Certifications Application (ORCA) with references to the System for Award Management (SAM); deletes duplicate text; and makes other minor editorial changes.

5. Corrects a typographical error in the title of the provision at DFARS 252.204-7017, and capitalizes the heading for DFARS 252.235-7003.

Start List of Subjects

List of Subjects in 48 CFR Parts 207, 213, 215, 242, 252, and 253

  • Government procurement
End List of Subjects Start Signature

Jennifer D. Johnson,

Regulatory Control Officer, Defense Acquisition Regulations System.

End Signature

Therefore, 48 CFR parts 207, 213, 215, 242, 252, and 253 are amended as follows:

Start Amendment Part

1. The authority citation for 48 CFR parts 207, 213, 215, 242, 252, and 253 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 207—ACQUISITION PLANNING

[Amended]
End Part Start Amendment Part

2. Amend section 207.106 by removing the duplicative paragraph (S-70)(2)(ii) following paragraph (S-70)(2)(v).

End Amendment Part Start Part

PART 213—SIMPLIFIED ACQUISITION PROCEDURES

End Part Start Amendment Part

3. Amend section 213.301 by revising paragraph (4) to read as follows:

End Amendment Part
Governmentwide commercial purchase card.
* * * * *

(4) Guidance on DoD purchase, travel, and fuel card programs is available in the “Department of Defense Government Charge Card Guidebook for Establishing and Managing Purchase, Travel, and Fuel Card Programs” at https://www.acq.osd.mil/​dpap/​pdi/​pc/​policy_​documents.html. Additional guidance on the fuel card programs is available at https://www.dla.mil/​Energy/​Offers/​Products/​GovernmentFuel/​.

Start Part Start Printed Page 27278

PART 215—CONTRACTING BY NEGOTIATION

End Part Start Amendment Part

4. Amend section 215.404-71-3 by revising the paragraph (c) table to read as follows:

End Amendment Part
Contract type risk and working capital adjustment.
* * * * *

(c) * * *

Contract typeNotesNormal value (percent)Designated range (percent)
Firm-fixed-price, no financing(1)54 to 6
Firm-fixed-price, with performance-based payments(6)42.5 to 5.5
Firm-fixed-price, with progress payments(2)32 to 4
Fixed-price incentive, no financing(1)32 to 4
Fixed-price incentive, with performance-based payments(6)20.5 to 3.5
Fixed-price with redetermination provision(3)
Fixed-price incentive, with progress payments(2)10 to 2
Cost-plus-incentive-fee(4)10 to 2
Cost-plus-fixed-fee(4)0.50 to 1
Time-and-materials (including overhaul contracts priced on time-and-materials basis)(5)0.50 to 1
Labor-hour(5)0.50 to 1
Firm-fixed-price, level-of-effort(5)0.50 to 1
* * * * *
Start Part

PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES

End Part Start Amendment Part

5. Amend section 242.202 by revising paragraph (e)(1)(A) to read as follows:

End Amendment Part
Assignment of contract administration.
* * * * *

(e)(1)(A) In special circumstances, a contract administration office may request support from a component not listed in the Federal Directory of Contract Administration Services Components (available via the internet at https://piee.eb.mil/​pcm/​xhtml/​unauth/​index.xhtml).

* * * * *
Start Part

PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

End Part Start Amendment Part

6. Amend section 252.204-7007 by—

End Amendment Part Start Amendment Part

a. Removing the clause date “(NOV 2020)” and adding “(MAY 2021)” in its place; and

End Amendment Part Start Amendment Part

b. Revising paragraph (e).

End Amendment Part

The revision reads as follows:

Alternate A, Annual Representations and Certifications.
* * * * *

(e) The Offeror has completed the annual representations and certifications electronically via the SAM website at https://www.acquisition.gov/​. After reviewing the SAM database information, the Offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [Offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR/DFARS provision No.TitleDateChange

Any changes provided by the Offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications located in the SAM database.

* * * * *
Start Amendment Part

7. Amend section 252.204-7017 by revising the clause title and date to read as follows:

End Amendment Part
Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation.
* * * * *

Prohibition on the Acquisition of Covered Defense Telecommunications Equipment or Services—Representation (May 2021)

* * * * *
Start Amendment Part

8. Revise the section heading for 252.235-7003 to read as follows:

End Amendment Part
Frequency Authorization.
* * * * *
Start Part

PART 253—FORMS

End Part Start Amendment Part

9. Revise section 253.303 to read as follows:

End Amendment Part
Agency forms.

DoD forms are available at https://www.esd.whs.mil/​Directives/​forms/​.

End Supplemental Information

[FR Doc. 2021-10584 Filed 5-19-21; 8:45 am]

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