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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 and guidance to contracting officers.
DATES:
Effective Date: April 20, 2012.
Start Further InfoFOR 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 571-372-6093; facsimile 571-372-6094.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
This final rule amends the DFARS as follows:
1. Updates the definitions of “Contracting activity” at 202.101 and “Debarring and suspending official” at 209.403.
2. Adds to 212.301(f)(iv) the provision 252.203-7005, which is required in all solicitation.
3. Reinstates a notification requirement at 216.504(c)(1)(ii)(D) that was inadvertently deleted in publication of DFARS Case 2012-D020.
4. Directs contracting officers to additional procedures and guidance by adding a reference to the DFARS PGI at 242.302(a)(S-75).
5. Makes minor editorial corrections to 213.301, 216.506(a), 217.7001, 217.7002(b), 217.7003(b), 242.202, 245.201-71, 252.203-7003, 252.212-7001, and 252.223-7006.
6. Updates prescription references for 252.227-7037, 252.229-7013, 252.245-7000, 252.245-7001, 252.245-7002, 252.245-7003, and 252.245-7004.
Start List of SubjectsList of Subjects in 48 CFR Parts 202, 209, 212, 213, 216, 217, 242, 245, and 252
- Government procurement
End SignatureMary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 202, 209, 212, 213, 216, 217, 242, 245, and 252 are amended as follows:
Start Amendment Part1. The authority citation for 48 CFR parts 202, 213, 217, and 245 is revised to read as follows:
End Amendment Part Start PartPART 202—DEFINITIONS OF WORDS AND TERMS
End PartStart Amendment Part[Amended]2. Section 202.101 “Contracting activity” definition is amended—
End Amendment Part Start Amendment Parta. In the Army list by adding “Deputy Assistant Secretary of the Army (Procurement)” in alphabetical order;
End Amendment Part Start Amendment Partb. In the Army list by removing “Joint Contracting Command—Iraq/Afghanistan”;
End Amendment Part Start Amendment Partc. In the Army list by adding “USCENTCOM Joint Theater Support Contracting Command (C-JTSCC)” in alphabetical order; and
End Amendment Part Start Amendment Partd. In the Air Force list by adding “Air Force Global Strike Command” after “office of the Deputy Assistant Secretary (Contracting)”.
End Amendment Part Start PartPART 209—CONTRACTOR QUALIFICATIONS
End Part Start Amendment Part3. The authority citation for 48 CFR 209 continues to read as follows:
End Amendment PartStart Amendment Part[Amended]4. Section 209.403(1) is amended by removing “Army—Commander, U.S. Army Legal Services Agency” and adding in its place “Director, Soldier & Family Legal Services”.
End Amendment Part Start PartPART 212—ACQUISITION OF COMMERCIAL ITEMS
End Part Start Amendment Part5. The authority citation for 48 CFR 212 continues to read as follows:
End Amendment Part Start Amendment Part6. Section 212.301 is amended by—
End Amendment Part Start Amendment Parta. Redesignating paragraphs (f)(iv)(A) through (M) as (f)(iv)(B) through (N); and
End Amendment Part Start Amendment Partb. Adding a new paragraph (f)(iv)(A) to read as follows:
End Amendment PartStart PartSolicitation provisions and contract clauses for the acquisition of commercial items.(f) * * *
(iv) * * *
(A) Use the provision at 252.203-7005, Representation Relating to Compensation of Former DoD Officials, as prescribed in 203.171-4(b).
* * * * *PART 213—SIMPLIFIED ACQUISITION PROCEDURES
End Part Start Amendment Part7. Section 213.301(4) is revised to read as follows:
End Amendment PartStart PartGovernmentwide 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 http://www.acq.osd.mil/dpap/pdi/pc/policy/_documents.html. Additional guidance on the fuel card programs is available at http://www.energy.dla.mil.
PART 216—TYPES OF CONTRACTS
End Part Start Amendment Part8. The authority citation for 48 CFR 216 continues to read as follows:
End Amendment Part Start Amendment Part9. Section 216.504 is revised to read as follows:
End Amendment PartIndefinite-quantity contracts.(c)(1)(ii)(D) Limitation on single-award contracts. (i) The authority to make the determination authorized in FAR 16.504(c)(1)(ii)(D)(1) shall not be delegated below the level of the senior procurement executive.
(ii) A copy of each determination made in accordance with FAR 16.504(c)(1)(ii)(D) shall be submitted to the Director, Defense Procurement and Acquisition Policy, ATTN: OUSD(AT&L)DPAP/CPIC, 3060 Defense Pentagon, Washington, DC 20301-3060.
Start Amendment Part[Amended]10. Section 216.506(a) is amended by removing “52.216-18” and adding in its place “FAR 52.216-18”.
End Amendment Part Start PartPART 217—SPECIAL CONTRACTING METHODS
End Part Start Amendment Part[Amended]11. Section 217.7001(b) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.
End Amendment Part Start Amendment Part12. Section 217.7002(b) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.
End Amendment PartStart Amendment Part[Amended]13. Section 217.7003(a) is amended by removing “Chapter 6.2” and adding in its place “Chapter 9.5”.
End Amendment Part Start PartPART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES
End Part Start Amendment Part14. The authority citation for 48 CFR 242 continues to read as follows:
End Amendment PartStart Amendment Part[Amended]15. Section 242.202(e)(1)(A) is amended by removing “ http://home.dcma.mil/casbook/casbook.htm” and adding in its place “https://pubapp.dcma.mil/CASD/main.jsp”.
End Amendment Part Start Amendment Part16. Section 242.302 is amended by adding paragraph S-75 to read as follows:
End Amendment PartStart PartContract administration functions.* * * * *(S-75) See PGI 242.302(a)(S-75) for guidelines for monitoring contractor costs.
* * * * *PART 245—GOVERNMENT PROPERTY
End Part Start Amendment Part17. Section 245.201-71 is revised to read as follows:
End Amendment PartStart PartGovernment-furnished property attachments to solicitations and awards.See PGI 245.201-71 for procedures for preparing Government-furnished property attachments to solicitations and awards.
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
End Part Start Amendment Part18. The authority citation for 48 CFR 252 continues to read as follows:
End Amendment PartStart Amendment Part[Amended]19. Section 252.203-7003 is amended by—
End Amendment Part Start Amendment Parta. Removing from the clause heading “(DEC 2011)” and adding in its place “(APR 2012)”; and
End Amendment Part Start Amendment Partb. Removing from the clause text “For FedEx or UPS packages, use this zip code: 22311,”.
End Amendment PartStart Amendment Part[Amended]20. Section 252.212-7001 is amended by—
End Amendment Part Start Amendment Parta. Removing from the clause heading “(MAR 2012)” and adding in its place “(APR 2012)”; and
End Amendment Part Start Amendment Partb. In paragraph (b)(2), removing “(SEP 2010)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]21. Section 252.223-7006 is amended by—
End Amendment Part Start Amendment Parta. Removing from the clause heading “(APR 1993)” and adding in its place “(APR 2012)”; and
End Amendment Part Start Amendment Partb. Adding the parenthetical phrase “(End of clause)” at the end of the basic clause, after paragraph (b) and before “Alternate I”.
End Amendment PartStart Amendment Part[Amended]22. Section 252.227-7037 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory paragraph “227.7102-3(c)” and adding in its place “227-7102-3”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(SEP 2011)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]23. Section 252.229-7013 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “clause” and adding in its place “provision”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(MAR 2012)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]24. Section 252.245-7000 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “245.107(a)” and adding in its place “245.107(1)”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(DEC 1991)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]25. Section 252.245-7001 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “245.107(b)” and adding in its place “245.107(2)”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(FEB 2011)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]26. Section 252.245-7002 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “245.107(c)” and adding in its place “245.107(3)”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(FEB 2011)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]27. Section 252.245-7003 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “245.107” and adding in its place “245.107(4)”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(FEB 2012)” and adding in its place “(APR 2012)”.
End Amendment PartStart Amendment Part[Amended]28. Section 252.245-7004 is amended by—
End Amendment Part Start Amendment Parta. Removing from the introductory text “245.107(e)” and adding in its place “245.107(5)”; and
End Amendment Part Start Amendment Partb. Removing from the clause heading “(AUG 2011)” and adding in its place “(APR 2012)”.
End Amendment Part End Supplemental Information[FR Doc. 2012-9582 Filed 4-19-12; 8:45 am]
BILLING CODE 5001-06-P
Document Information
- Published:
- 04/20/2012
- Department:
- Defense Acquisition Regulations System
- Entry Type:
- Rule
- Action:
- Final rule.
- Document Number:
- 2012-9582
- Pages:
- 23631-23632 (2 pages)
- Topics:
- Government procurement
- PDF File:
- 2012-9582.pdf
- CFR: (22)
- 48 CFR 202.101
- 48 CFR 209.403
- 48 CFR 212.301
- 48 CFR 213.301
- 48 CFR 216.504
- More ...