[Federal Register Volume 76, Number 182 (Tuesday, September 20, 2011)]
[Unknown Section]
[Pages 58137-58138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23951]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and
Appendix I to Chapter 2
RIN 0750-AG38
Defense Federal Acquisition Regulation Supplement; Positive Law
Codification of Title 41 U.S.C. (DFARS Case 2011-D036)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to conform references
throughout the DFARS to the new Codification of Title 41, United States
Code, ``Public Contracts.''
DATES: Effective date: September 20, 2011.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, 703-602-0328.
SUPPLEMENTARY INFORMATION:
I. Background
On January 4, 2011, Public Law 111-350 enacted a new codified
version of Title 41, United States Code (U.S.C.), entitled ``Public
Contracts.'' The purpose of this final rule is to update all references
to Title 41 in the DFARS to conform to the recodification.
DoD has issued a final rule because this rule does not have a
significant effect beyond the internal operating procedures of DoD and
does not have a significant cost or administrative impact on
contractors or offerors. Therefore public comment is not required in
accordance with 41 U.S.C. 1303.
II. Executive Orders 12866 and 13563
Executive Orders 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). Executive
Order 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 Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 1707.
IV. 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).
List of Subjects in 48 CFR Parts 201, 209, 212, 215, 219, 232, 237,
243, 252, and Appendix I to Chapter 2
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252
and appendix I to chapter II are amended as follows:
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1. The authority citation for 48 CFR parts 201, 209, 212, 215, 219,
232, 237, 243, 252, and appendix I to chapter II continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
201.107 [Amended]
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2. Amend section 201.107 by--
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(a) Removing ``Section'' from the introductory text and adding in its
place ``section''; and
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(b) Removing ``425'' from the introductory text and adding in its place
``1304''.
201.304 [Amended]
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3. Amend section 201.304(2) by--
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(a) Removing ``Section'' and adding in its place ``section''; and
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(b) Removing ``425'' and adding in its place ``1304''.
PART 209--CONTRACTOR QUALIFICATIONS
209.406-2 [Amended]
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4. Amend section 209.406-2(2) by--
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(a) Removing ``Section'' and adding in its place ``section'';
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(b) Removing ``(Pub. L. 110-181)''; and
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(c) Removing ``423(e)(3)(A)(iii)'' and adding in its place
``2105(c)(1)(C)''.
PART 212--ACQUISITION OF COMMERCIAL ITEMS
212.207 [Amended]
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5. Amend section 212.207--
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(a) In paragraph (b)(i) by removing ``403(12)(E)'' and adding in its
place ``103''; and
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(b) In paragraph (b)(iii)(A) by removing ``403(12)(F)'' and adding in
its place ``103''.
PART 215--CONTRACTING BY NEGOTIATION
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6. Revise the heading of section 215.403-1 to read as follows:
215.403-1 Prohibition on obtaining cost or pricing data (10 U.S.C.
2306a and 41 U.S.C. chapter 35).
* * * * *
PART 219--SMALL BUSINESS PROGRAMS
219.703 [Amended]
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7. Amend section 219.703(a) introductory text by--
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(a) Removing ``46-48'' and adding in its place ``8502-8504''; and
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(b) Removing ``Section'' and adding in its place ``section''.
PART 232--CONTRACT FINANCING
232.803 [Amended]
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8. Amend section 232.803(d) by removing ``Section 3737(e) of the
Revised Statutes (41 U.S.C. 15)'' and adding in its place ``41 U.S.C.
6305''.
PART 237--SERVICE CONTRACTING
237.102-71 [Amended]
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9. Amend section 237.102-71(a)(2) by removing ``357(b)'' and adding in
its place ``6701''.
PART 243--CONTRACT MODIFICATIONS
243.204-71 [Amended]
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10. Amend section 242.204-71(c) by removing ``605(c)'' and adding in
its place ``7103''.
[[Page 58138]]
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.203-7000 [Amended]
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11. Amend section 252.203-7000 by--
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(a) Removing the clause date of ``(JAN 2009)'' and adding in its place
``(SEP 2011)'';
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(b) In paragraph (a)(2)(i) introductory text, removing ``403(16)'' and
adding in its place ``131''; and
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(c) In paragraph (c), removing ``423(e)(3)'' and adding in its place
``2105(c)''.
252.212-7001 [Amended]
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12. Amend section 252.212-7001 by--
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(a) Removing the clause date of ``(AUG 2011)'' and adding in its place
``(SEP 2011)''; and
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(b) In paragraph (b)(2) removing ``Section'' and adding in its place
``section'';
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(c) In paragraph (b)(2) removing the word ``note''.
252.219-7003 [Amended]
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13. Amend section 252.219-7003 by--
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(a) Removing the clause date of ``(OCT 2010)'' and adding in its place
``(SEP 2011)''; and
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(b) In paragraph (d), removing ``46-48'' and adding in its place
``8502-8504''.
252.225-7001 [Amended]
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14. Amend section 252.225-7001 by--
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(a) Removing the clause date of ``(JAN 2009)'' and adding in its place
``(SEP 2011)'';
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(b) In paragraph (b), removing ``Section 10a-d'' and adding in its
place ``chapter 83''; and
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(c) In paragraph (b) removing ``431'' and adding in its place ``1907''.
252.227-7037 [Amended]
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15. Amend section 252.227-7037 by--
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(a) Removing the clause date ``(SEP 1999)'' and adding in its place
``(SEP 2011)''; and
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(b) In paragraph (e)(3), removing ``601, et seq.'' and adding in its
place ``7101''.
APPENDIX I TO CHAPTER 2--[Amended]
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16. Amend section I-101.4 by removing ``46'' and adding in its place
``8502''.
[FR Doc. 2011-23951 Filed 9-19-11; 8:45 am]
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