[Federal Register Volume 78, Number 235 (Friday, December 6, 2013)]
[Proposed Rules]
[Pages 73472-73474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-29156]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 211, 212, and 232
RIN 0750-AI13
Defense Federal Acquisition Regulation Supplement: Application of
Certain Clauses to Acquisitions of Commercial Items (DFARS Case 2013-
D035)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule.
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SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to clarify the applicability of two
clauses to acquisitions of commercial items.
DATES: Comment Date: Comments on the proposed rule should be submitted
in writing to the address shown below on or before February 4, 2014, to
be considered in the formation of a final rule.
ADDRESSES: Submit comments identified by DFARS Case 2013-D035, using
any of the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by entering ``DFARS Case
2013-D035'' under the heading ``Enter keyword or
[[Page 73473]]
ID'' and selecting ``Search.'' Select the link ``Submit a Comment''
that corresponds with ``DFARS Case 2013-D035.'' Follow the instructions
provided at the ``Submit a Comment'' screen. Please include your name,
company name (if any), and ``DFARS Case 2013-D035'' on your attached
document.
Email: [email protected]. Include DFARS Case 2013-D035 in the
subject line of the message.
Fax: 571-372-6094.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Susan C. Williams, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060.
Comments received generally will be posted without change to http://www.regulations.gov, including any personal information provided. To
confirm receipt of your comment(s), please check www.regulations.gov,
approximately two to three days after submission to verify posting
(except allow 30 days for posting of comments submitted by mail).
FOR FURTHER INFORMATION CONTACT: Susan C. Williams, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP/DARS, Room 3B855, 3060 Defense
Pentagon, Washington, DC 20301-3060. Telephone 571-372-6092; facsimile
571-372-6101.
SUPPLEMENTARY INFORMATION:
I. Background
DoD is proposing to revise DFARS part 212, Acquisition of
Commercial Items, to clarify the applicability of DFARS 252.211-7008,
Use of Government-Assigned Serial Numbers, and DFARS 252.232-7006, Wide
Area WorkFlow Payment Instructions, to acquisitions of commercial items
by adding them to the list at 212.301(f) and revising the clause
prescriptions to require their inclusion in solicitations and contracts
for acquisitions of commercial items using FAR part 12 procedures.
DFARS 252.211-7008 is not listed for use in commercial acquisitions
at 212.301(f); nor does the clause prescription at 211.274-6(c) address
applicability to commercial item acquisitions. DFARS 252.211-7008 is
prescribed for use in solicitations and contracts that include the
clause at DFARS 252.211-7003, Item Identification and Valuation, and
that also require the contractor to mark major end items (211.274-
6(c)). DFARS 252.211-7003 is required to be included in solicitations
and contracts for commercial items (see DFARS 212.301(f) and 211.274-
6(a)(1)).
DFARS 252.232-7006 is prescribed for use when DFARS 252.232-7003 is
used, unless the circumstances of 232.7003(b) or (c) apply
(232.7004(b)). DFARS 252.232-7003 is required to be included in
solicitations and contracts for commercial items except under limited
circumstances provided in 232.7002(a)(see DFARS 212.301(f) and
232.7004(a)).
II. 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.
III. Regulatory Flexibility Act
DoD does not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because this rule merely provides explicit clarification of the
applicability of DFARS 252.211-7008, Use of Government-Assigned Serial
Numbers, and DFARS 252.232-7006, Wide Area WorkFlow Payment
Instructions, to acquisitions of commercial items. Nevertheless, an
initial regulatory flexibility analysis has been performed and is
summarized as follows:
DFARS part 212, Acquisition of Commercial Items, is being revised
to clarify the applicability of DFARS 252.211-7008, Use of Government-
Assigned Serial Numbers, and DFARS 252.232-7006, Wide Area WorkFlow
Payment Instructions, to acquisitions of commercial items by adding
them to the list at 212.301(f) and revising the clause prescriptions to
specifically include them in solicitations and contracts for
acquisitions using FAR part 12 procedures.
According to the Federal Procurement Data System, in Fiscal Year
2012, DoD made approximately 95,000 contract awards (not including
modifications and orders) that exceeded the micro-purchase threshold,
using FAR part 12 procedures, of which approximately 60,000 (63%) were
awarded to about 35,000 unique small business entities. This rule is
likely to have a slightly positive impact because the additional
clarity will help contracting officers and small businesses to better
understand DoD's requirements. This rule does not add any information
collection requirements. The rule does not duplicate, overlap, or
conflict with any other Federal rules. Also, no alternatives were
identified that will accomplish the objectives of the rule.
DoD invites comments from small business concerns and other
interested parties on the expected impact of this rule on small
entities.
DoD will also consider comments from small entities concerning the
existing regulations in subparts affected by this rule in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 610 (DFARS Case 2013-D35), in
correspondence.
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 211, 212, and 232
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 211, 212, and 232 are proposed to be
amended as follows:
0
1. The authority citation for parts 211, 212, and 232 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 211--DESCRIBING AGENCY NEEDS
0
2. In section 211.274-6, paragraph (c) introductory text is revised to
read as follows:
211.274-6 Contract clauses.
* * * * *
(c) Use the clause at 252.211-7008, Use of Government-Assigned
Serial Numbers, in solicitations and contracts, including solicitations
and contracts using FAR part 12 procedures for the acquisition of
commercial items, that-
* * * * *
[[Page 73474]]
PART 212--ACQUISITION OF COMMERCIAL ITEMS
0
3. Amend section 212.301 by--
0
a. Redesignating--
0
i. Paragraphs (f)(l) through (lxviii) as (f)(lii) through (lxx);
0
ii. Paragraphs (f)(xii) through (xlix) as (f)(xiii) through (l).
0
b. Adding new paragraphs (f)(xii) and (li).
The additions read as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
(f) * * *
(xii) Use the clause at 252.211-7008, Use of Government-Assigned
Serial Numbers, as prescribed in 211.274-6(c).
* * * * *
(li) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, as prescribed in 232.7004(b).
* * * * *
PART 232--CONTRACT FINANCING
0
4. In section 232.7004, revise the section heading and paragraph (b) to
read as follows:
232.7004 Contract clauses.
* * * * *
(b) Use the clause at 252.232-7006, Wide Area WorkFlow Payment
Instructions, in solicitations and contracts, including solicitations
and contracts using FAR part 12 procedures for the acquisition of
commercial items, when 252.232-7003 is used and neither 232.7003(b) nor
(c) apply. See PGI 232.7004 for instructions on completing the clause.
[FR Doc. 2013-29156 Filed 12-5-13; 8:45 am]
BILLING CODE 5001-06-P