[Federal Register Volume 76, Number 235 (Wednesday, December 7, 2011)]
[Rules and Regulations]
[Pages 76318-76321]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31324]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 202, 204, 205, 206, 207, 209, 211, 212, 213, 214, 215, 
216, 217, 219, 225, 227, 234, 237, 243, 252, and Appendix A to 
Chapter 2


Defense Federal Acquisition Regulation Supplement; Technical 
Amendments

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

ACTION: Final rule.

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SUMMARY: DoD is making technical amendments to the Defense Federal 
Acquisition Regulation Supplement (DFARS) to provide needed editorial 
changes and guidance to contracting officers.

DATES: Effective Date: December 7, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Mary Overstreet, Defense 
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B855, 3060 
Defense Pentagon, Washington, DC 20301-3060. Telephone (703) 602-0311; 
facsimile (703) 602-0350.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows:
    1. Updates the definition of ``Contracting activity'' at 202.101.
    2. Directs contracting officers to additional procedures and 
guidance by adding references to the DFARS PGI at 204.402, 204.403, 
205.207(a)(i) and (d)(iii), 215.407-2, 219.202-1, 219.301-2, 219.301-3, 
237.102-75, and 237.102-76.
    3. Corrects references in 206.203(b), 207.471(b), 209.105-1(2), 
209.403, 209.406-1(a)(i)(A), 211.002, 212.503(a)(x), 212.504(a)(xvi), 
213.301(2), 214.404-1, 216.603-4(b)(3), 225.7501(a)(2)(i), 227.304-1, 
234.003, 234.201(4), and 243.204-71(b).
    4. Adds a paragraph at 217.171(d) reflecting a statutory threshold 
for multiyear contracts for services that was inadvertently omitted 
from a final rule published at 76 FR 58152 on September 20, 2011. This 
coverage was previously included at DFARS 217.171(a)(6).
    5. Revises the subpart 217.5 heading to align with the Federal 
Acquisition Regulation (FAR), redesignates 217.500(b) as 217.500(a), 
and redesignates 217.504 as 217.503 and adds a FAR reference.
    6. Makes minor editorial corrections at 225.403(c) and 227.7203-
15(c)(1) through (4).
    7. Makes minor corrections to clause dates, format, addresses, and 
references in the clauses at 252.203-7003, 252.211-7003, 252.212-7001, 
252.227-7015, 252.229-7006, 252.229-7008, and 252.235-7002.
    8. Adds an editorial footnote to the charter for the Armed Services 
Board of Contract Appeals in Appendix A to cross reference to a revised 
statutory citation.

List of Subjects in 48 CFR Parts 202, 204, 205, 206, 207, 209, 211, 
212, 213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243, 252, 
and Appendix A to Chapter 2

    Government procurement.

Mary Overstreet,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR parts 202, 204, 205, 206, 207, 209, 211, 212, 
213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243, 252, and 
Appendix A to Chapter 2 are amended as follows:

0
1. The authority citation for 48 CFR parts 202, 204, 205, 206, 207, 
209, 211, 212, 213, 214, 215, 216, 217, 219, 225, 227, 234, 237, 243, 
252 and Appendix A to Chapter 2 continues to read as follows:

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

PART 202--DEFINITIONS OF WORDS AND TERMS


202.101   [Amended]

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2. Section 202.101 is amended by--
0
a. Amending the Department of Defense list by removing the 
``Counterintelligence Field Activity'';

[[Page 76319]]

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b. Amending the Department of Defense list by removing ``Washington 
Headquarters Services, Acquisition and Procurement Office'' and adding 
in its place ``Washington Headquarters Services, Acquisition 
Directorate'';
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c. Amending the Navy list by removing ``Office of the Deputy Assistant 
Secretary of the Navy (Acquisition & Logistics Management)'' and adding 
in its place ``Office of the Deputy Assistant Secretary of the Navy 
(Acquisition & Procurement)''; and
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d. Removing the Defense Business Transformation Agency Contracting 
Office.

PART 204--ADMINISTRATIVE MATTERS


204.402   [Amended]

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3. Section 204.402 is amended by adding the parenthetical phrase ``(see 
PGI 204.402)'' at the end of the sentence.
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4. Section 204.403 is added to read as follows:


204.403   Responsibilities of contracting officers.

    Contracting officers shall ensure that solicitations comply with 
PGI 204.403.

PART 205--PUBLICIZING CONTRACT ACTIONS

0
5. Section 205.207 is amended by--
0
a. Adding a new paragraph (a)(i); and
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b. Adding a new paragraph (d)(iii).
    The additions read as follows:


205.207  Preparation and transmittal of synopses.

    (a)(i) For numbering synopsis notices, follow the procedures at PGI 
205.207(a)(i).
    (d)(i) * * *
    (iii) For special notices for small business events, follow the 
procedures at PGI 205.207(d)(ii).

PART 206--COMPETITION REQUIREMENTS


206.203   [Amended]

0
6. Section 206.203 is amended by removing ``(see 226.7003)'' and adding 
in its place ``(see 226.370)''.

PART 207--ACQUISITION PLANNING


207.471   [Amended]

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7. Section 207.471(b) is amended by removing ``Chapter 7, Section 
070207'' and adding in its place ``Chapter 6, section 060206''.

PART 209--CONTRACTOR QUALIFICATIONS


209-105-1   [Amended]

0
8. Section 209.105-1(2) is amended by removing ``(see PGI 212.403(c) 
and PGI 249.470)'' and adding in its place ``(see subpart 42.15)''.


209.403   [Amended]

0
9. Section 209.403(1) is amended by removing ``Navy'' and adding in its 
place ``Navy/Marine Corps''.


209.406-1   [Amended]

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10. Section 209.406-1(a)(i)(A) is amended by removing ``Subpart 
203.70'' and adding in its place ``FAR subpart 3.10''.

PART 211--DESCRIBING AGENCY NEEDS


211-002   [Amended]

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11. Section 211.002 is amended by--
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a. Removing ``DoDD 5000.1,'' and adding in its place ``DoDD 5000.01,''; 
and
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b. Removing ``DoDI 5000.2,'' and adding in its place ``DoDI 5000.02,''.

PART 212--ACQUISITION OF COMMERCIAL ITEMS


212.503   [Amended]

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12. Section 212.503(a)(x) is amended by removing ``see 225.7019-2(b) 
(Section 8064 of Pub. L. 106-259)'' and adding in its place ``see 
225.7009-3 (section 8065 of Pub. L. 107-117)''.


212.504   [Amended]

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13. Section 212.504(a)(xvi) is amended by removing ``see 225.7009-2(b) 
(Section 9064 of Pub. L. 106-259)'' and adding in its place ``see 
225.7009-3 (section 8065 of Pub. L. 107-117)''.

PART 213--SIMPLIFIED ACQUISITION PROCEDURES


213.301   [Amended]

0
14. Section 213.301(2) is amended by removing ``201.603-3(b)'' and 
adding in its place ``201.603-3(a)''.

PART 214--SEALED BIDDING


214.404-1   [Amended]

0
15. Section 214.404-1 is amended by removing ``(FAR 14.404-1(c) and 
(e)'' and adding in its place ``FAR 14.404-1(c) and (e)(1)''.

PART 215--CONTRACTING BY NEGOTIATION

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16. Section 215.407-2(a) is added to read as follows:


215.407-2   Make-or-buy programs.

    (a) General. See PGI 215.407-2 for guidance on factors to consider 
when deciding whether to request a make-or-buy plan and for factors to 
consider when evaluating make-or-buy plan submissions.
* * * * *

PART 216--TYPES OF CONTRACTS


216.603-4   [Amended]

0
17. Section 216.603-4(b)(3) is amended by removing ``217.7405(b)'' and 
replacing it with ``217.7406(b)''.

PART 217--SPECIAL CONTRACTING METHODS

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18. Section 217.171(d) is added to read as follows:


217.171   Multiyear contracts for services.

* * * * *
    (d) The head of an agency may not initiate a multiyear contract for 
services if the value of the multiyear contract exceeds $625.5 million 
unless a law specifically provides authority for the contract (10 
U.S.C. 2306(c)).

Subpart 217.5--Interagency Acquisitions

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19. Subpart 217.5 heading is revised as set forth above.


217.500   [Amended]

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20. In section 217.500, paragraph (b) is redesignated as paragraph (a).


217.504   [Redesignated as 217.503]

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21. Section 217.504 is redesignated as section 217.503 and revised to 
read as follows:


217.503   Ordering procedures.

    (a) When the requesting agency is within DoD, a copy of the 
executed determination and findings required by FAR 17.502-2 shall be 
furnished to the servicing agency as an attachment to the order. When a 
DoD contracting office is acting as the servicing agency, a copy of the 
executed determination and findings shall be obtained from the 
requesting agency and placed in the contract file for the Economy Act 
order.

PART 219--SMALL BUSINESS PROGRAMS

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22. Section 219.202-1 is added to read as follows:


219.202-1   Encouraging small business participation in acquisitions.

    See PGI 205.207(d)(iii) for information on how to advertise a small 
business event on the Government point of entry.

[[Page 76320]]

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23. Section 219.301-2 is added to read as follows:


219.301-2   Rerepresentation by a contractor that represented itself as 
a small business concern.

    Follow the procedures at PGI 204.606(4)(vii) for reporting 
modifications for rerepresentation actions.
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24. Section 219.301-3 is added to read as follows:


219.301-3   Rerepresentation by a contractor that represented itself as 
other than a small business concern.

    Follow the procedures at PGI 204.606(4)(vii) for reporting 
modifications for rerepresentation actions.

PART 225--FOREIGN ACQUISITION


225.403   [Amended]

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25. Section 225.403(c) is amended--
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a. In paragraph (i)(B), by removing ``; or'' and adding in its place 
``;'';
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b. In paragraph (ii)(B), by removing ``.'' and adding in its place ``; 
or''.
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26. Section 225.7501(a)(2)(i) is amended by removing 
``225.104(a)(iii)'' and adding in its place ``225.104(a)''.

PART 227--PATENTS, DATA, AND COPYRIGHTS


227.304-1   [Amended]

0
27. Section 227.304-1 is amended by removing the parenthetical phrase 
``(FAR 27.304-1(e)(2)(ii))''.


227.7203-15   [Amended]

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28. Section 227.7203-15(c) is amended--
0
a. In paragraph (1), by removing ``252.227.7014'' and adding in its 
place ``252.227-7014;
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b. In paragraph (2), by removing ``252.227.7019'' and adding in its 
place ``252.227-7019'';
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c. In paragraph (3), by removing ``252.227.7025'' and adding in its 
place ``252.227-7025''; and
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d. In paragraph (4), by removing 252.227.7028'' and adding in its place 
``252.227-7028''.

PART 234--MAJOR SYSTEM ACQUISITION


234.003   [Amended]

0
29. Section 234.003 is amended by--
0
(a) Removing ``DoDD 5000.1'' and adding in its place ``DoDD 5000.01''; 
and
0
(b) Removing ``DoDI 5000.2'' and adding in its place ``DoDI 5000.02''.


234.201   [Amended]

0
30. Section 234.201(4) is amended by removing ``PGI 234.201(4)'' and 
adding in its place ``PGI 234.201(3)''.

PART 237--SERVICE CONTRACTING

0
31. Section 237.102-75 is added to read as follows:


237.102-75   Guidebook for the acquisition of services.

    See PGI 237.102-75 for the ``Guidebook for the Acquisition of 
Services.''
0
32. Section 237.102-76 is added to read as follows:


237.102-76   Review criteria for the acquisition of services.

    See PGI 237.102-76 for tenets and review criteria to be used when 
conducting preaward and postaward reviews for the acquisition of 
services.

PART 243--CONTRACT MODIFICATIONS


243.204-71   [Amended]

0
33. Section 243.204-71(b) is amended by removing ``PGI 243.204-70(b)'' 
and adding in its place ``PGI 243.204-71(b)''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
34. Section 252.203-7003 is revised to read as follows:


252.203-7003,   Agency Office of the Inspector General.

    As prescribed in 203.1004(a), use the following clause:

AGENCY OFFICE OF THE INSPECTOR GENERAL (DEC 2011)

    The agency office of the Inspector General referenced in 
paragraphs (c) and (d) of FAR clause 52.203-13, Contractor Code of 
Business Ethics and Conduct, is the DoD Office of Inspector General 
at the following address:
    Department of Defense Office of Inspector General, Investigative 
Policy and Oversight, 4800 Mark Center Drive, Suite 11H25, 
Alexandria, VA 22350-1500, For FedEx or UPS packages, use this zip 
code: 22311, Toll Free Telephone: (866) 429-8011. (End of clause)

252.211-7003   [Amended]

0
35. Section 252.211-7003, Alternate I is amended by--
0
a. Amending the clause date by removing ``(AUG 2008)'' and adding in 
its place ``(DEC 2011)''.
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b. Amending the introductory text by removing ``211.274-4(c)'' and 
adding in its place ``211.274-6(a)(4)''.

252.212-7001   [Amended]

0
36. Section 252.212-7001 is amended by--
0
a. Amending the introductory text by removing ``and 227.7103-6(a) and 
(e)'';
0
b. Amending the clause date by removing ``(OCT 2011)'' and adding in 
its place ``(DEC 2011)'';
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c. Amending paragraph (b)(1) by removing ``(JAN 2009)'' and adding in 
its place ``(SEP 2011)'';
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d. Amending paragraph (b)(4) by removing ``(OCT 2010)'' and adding in 
its place ``(SEP 2011)'';
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e. Redesignating paragraph (b)(16) as (b)(17 and paragraph (b)(17) as 
(b)(16);
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f. Amending paragraph (b)(20) by removing ``(MAR 2011)'' and adding in 
its place ``(DEC 2011)''; and
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g. Amending paragraph (c)(3) by removing ``(SEP 2011)'' and adding in 
its place ``(DEC 2011).


252.227-7015   [Amended]

0
37. Section 252.227-7015 is amended by--
0
a. Amending the introductory text by removing ``227.7102-3(a)(1)'' and 
adding in its place ``227.7102-4(a)(1)'';
0
b. Amending the clause date by removing ``(SEP 2011)'' and adding in 
its place ``(DEC 2011)'';
0
c. Amending the Alternate I clause date by removing ``(MAR 2011)'' and 
adding in its place ``(DEC 2011)''; and
0
d. Amending the Alternate I introductory text by removing ``227.7102-
3(a)(2)'' and adding in its place ``227.7102-4(a)(2)''.
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38. Section 252.229-7006 is revised to read as follows:


252.229-7006   Value Added Tax Exclusion (United Kingdom)

    As prescribed in 229.402-70(f), use the follow clause:

VALUE ADDED TAX EXCLUSION (UNITED KINGDOM) (DEC 2011)

    The supplies or services identified in this contract are to be 
delivered at a price exclusive of value added tax under arrangements 
between the appropriate United States authorities and Her Majesty's 
Revenue and Customs (HMRC) (Reference HMRC Notice 431, entitled 
``Relief from Customs Duty and/or Value Added Tax on United States 
Government Expenditures in the United Kingdom''). By executing this 
contract, the Contracting Officer certifies that these supplies or 
services are being purchased for United States Government official 
purposes only. (End of clause)


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39. Section 252.229-7008 is revised to read as follows:


252.229-7008   Relief from Import Duty (United Kingdom)

    As prescribed in 229.402-70(h), use the following clause:

[[Page 76321]]

RELIEF FROM IMPORT DUTY (UNITED KINGDOM) (DEC 2011)

    Any import dutiable articles, components, or raw materials 
supplied to the United States Government under this contract shall 
be exclusive of any United Kingdom import duties. Any imported items 
supplied for which import duty already has been paid will be 
supplied at a price exclusive of the amount of import duty paid. The 
Contractor is advised to contact Her Majesty's Revenue and Customs 
(HMRC) to obtain a refund upon completion of the contract (Reference 
HMRC Notice No. 431, entitled ``Relief from Customs Duty and/or 
Value Added Tax on United States Government Expenditures in the 
United Kingdom''). (End of clause)

252.235-7002   [Amended]

0
40. Section 252.235-7002 is amended by--
0
a. Amending the clause date by removing ``(DEC 1991)'' and adding in 
its place ``(DEC 2011)''; and
0
b. Amending paragraph (a) by removing ``7 U.S.C. 2316'' and adding in 
its place ``7 U.S.C. 2136''.
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Appendix A to Chapter 2--[Amended]


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41. Appendix A to Chapter 2, Part 1--Charter, paragraph 1 is amended by 
removing ``(41 U.S.C. Sect 601, et seq.)'' and adding in its place 
``(41 U.S.C. Section 7101-7109)''.

[FR Doc. 2011-31324 Filed 12-6-11; 8:45 am]
BILLING CODE 5001-06-P