[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17447-17448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06736]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 235 and 252
RIN 0750-AI10
Defense Federal Acquisition Regulation Supplement: Clauses With
Alternates--Research and Development Contracting (DFARS Case 2013-D026)
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 create an overarching
prescription for a research and development-related clause with an
alternate. The rule also includes separate prescriptions for the basic
and alternate clause and includes the full text of the alternate
clause.
DATES: Effective March 28, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Annette Gray, telephone 571-372-
6093.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 78 FR
73475 on December 6, 2013, to amend the presentation of the DFARS part
235 clause with its alternate and their prescriptions. This final rule
addresses the single clause affected, which is 252.235-7003, Frequency
Authorization, and its alternate.
One public comment was received; however it was not related to the
proposed rule and therefore not considered in drafting the final rule.
Minor editorial changes were made to standardize language used in the
final rule for the clause prescriptions and prefaces in order to
provide uniform arrangement in the regulations.
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
A final regulatory flexibility analysis has been prepared
consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
and is summarized as follows.
This final rule amends the Defense Federal Acquisition Regulation
Supplement (DFARS) to create prescriptions for the basic version and
the alternate of a DFARS part 235 solicitation and contract clause and
to include the full text of the alternate clause.
The public did not raise any issues in response to the initial
regulatory flexibility analysis. The Chief Counsel for Advocacy of the
Small Business Administration did not submit any comments in response
to the rule.
Potential offerors, including small businesses, may be affected by
this rule by seeing an unfamiliar format for clause alternates in
solicitations and contracts issued by DoD contracting activities.
According to the Federal Procurement Data System, in fiscal year 2012,
DoD made approximately 270,000 contract awards (not including
modification and orders) that exceeded the micro-purchase threshold, of
which approximately 180,000 (67%) were awarded to small businesses. It
is unknown how many of these contracts were awarded that included an
alternate to a DFARS provision or clause.
Nothing substantive will change in solicitations or contracts for
potential offerors, and only the appearance of how clause alternates
are presented in the solicitations and contracts will be changed. This
rule may result in potential offerors, including small businesses,
expending more time to become familiar with and to understand the new
format of the clause alternates in full text contained in contracts
issued by any DoD contracting activity. The rule also anticipates
saving contractors time by making all paragraph substitutions from the
basic version of the clause, and not requiring the contractors to read
inapplicable paragraphs contained in the basic version of the clause.
The overall burden caused by this rule is expected to be negligible and
will not be any greater on small businesses than it is on large
businesses.
This rule does not add any new information collection requirements.
The rule does not duplicate, overlap, or conflict with any other
Federal rules. No alternatives were identified that will accomplish the
objectives of the rule.
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 235 and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 235 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 235 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 235--RESEARCH AND DEVELOPMENT CONTRACTING
0
2. In section 235.072, revise paragraph (b) to read as follows:
235.072 Additional contract clauses.
* * * * *
[[Page 17448]]
(b) Use the basic or the alternate of the clause at 252.235-7003,
Frequency Authorization, in solicitations and contracts for developing,
producing, constructing, testing, or operating a device requiring a
frequency authorization.
(1) Use the basic clause if agency procedures do not authorize the
use of DD Form 1494, Application for Equipment Frequency Allocation, to
obtain radio frequency authorization.
(2) Use the alternate I clause if agency procedures authorize the
use of DD Form 1494, Application for Equipment Frequency Allocation, to
obtain frequency authorization.
* * * * *
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 252.235-7003 by--
0
a. Revising the introductory text, clause title and date; and
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b. Revising Alternate I.
252.235-7003 Frequency authorization.
As prescribed in 235.072(b), use one of the following clauses:
Basic. As prescribed at 235.072(b)(1), use the following clause.
FREQUENCY AUTHORIZATION--BASIC (MAR 2014)
* * * * *
Alternate I. As prescribed at 235.072(b)(2), use the following
clause, which uses a different paragraph (c) than the basic clause.
FREQUENCY AUTHORIZATION--ALTERNATE I (MAR 2014)
(a) The Contractor shall obtain authorization for radio
frequencies required in support of this contract.
(b) For any experimental, developmental, or operational
equipment for which the appropriate frequency allocation has not
been made, the Contractor shall provide the technical operating
characteristics of the proposed electromagnetic radiating device to
the Contracting Officer during the initial planning, experimental,
or developmental phase of contract performance.
(c) The Contractor shall use DD Form 1494, Application for
Equipment Frequency Allocation, to obtain radio frequency
authorization.
(d) The Contractor shall include this clause, including this
paragraph (d), in all subcontracts requiring the development,
production, construction, testing, or operation of a device for
which a radio frequency authorization is required.
(End of clause)
[FR Doc. 2014-06736 Filed 3-27-14; 8:45 am]
BILLING CODE 5001-06-P