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Home » 2021 Issues » 86 FR (10/29/2021) » 2021-23458. Defense Federal Acquisition Regulation Supplement: Technical Amendments

  2021-23458. Defense Federal Acquisition Regulation Supplement: Technical Amendments  

  • 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.

    DATES:

    Effective October 29, 2021.

    Start Further Info

    FOR FURTHER INFORMATION CONTACT:

    Ms. Jennifer D. Johnson, Defense Acquisition Regulations System, OUSD(A&S)DPC(DARS), Room 3B938, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6100.

    End Further Info End Preamble Start Supplemental Information

    SUPPLEMENTARY INFORMATION:

    This final rule makes editorial changes to 48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252 to amend the DFARS.

    Start List of Subjects

    List of Subjects in 48 CFR Parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252

    • Government procurement
    End List of Subjects Start Signature

    Jennifer D. Johnson,

    Editor/Publisher, Defense Acquisition Regulations System.

    End Signature

    Therefore, 48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252 are amended as follows:

    Start Amendment Part

    1. The authority citation for 48 CFR parts 203, 205, 207, 209, 211, 212, 215, 216, 217, 218, 222, 223, 225, 228, 231, 232, 233, 239, 242, 245, 246, 251, and 252 continues to read as follows:

    End Amendment Part Start Authority

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

    End Authority Start Part Start Printed Page 59870

    PART 203—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST

    [Amended]
    End Part Start Amendment Part

    2. Amend section 203.806 by removing “PGI 203.8(a)” and adding “PGI 203.806(a)” in its place.

    End Amendment Part Start Part

    PART 205—PUBLICIZING CONTRACT ACTIONS

    End Part Start Amendment Part

    3. Add a 205.205 section heading to subpart 205.2 to read as follows:

    End Amendment Part
    Special situations.
    Start Part

    PART 207—ACQUISITION PLANNING

    Subpart 207.4—Equipment Acquisition

    End Part Start Amendment Part

    4. Revise the heading for subpart 207.4 to read as set forth above.

    End Amendment Part Start Part

    PART 209—CONTRACTOR QUALIFICATIONS

    End Part Start Amendment Part

    5. Revise the heading for section 209.409 to read as follows:

    End Amendment Part
    Contract clause.
    * * * * *
    Start Part

    PART 211—DESCRIBING AGENCY NEEDS

    [Removed]
    End Part Start Amendment Part

    6. Remove section 211.105.

    End Amendment Part

    Subpart 211.70[Removed]

    Start Amendment Part

    7. Remove subpart 211.70, consisting of reserved section 211.7001.

    End Amendment Part Start Part

    PART 212—ACQUISITION OF COMMERCIAL ITEMS

    Subpart 212.5—Applicability of Certain Laws to the Acquisition of Commercial Items and Commercially Available Off-the-Shelf Items

    End Part Start Amendment Part

    8. Revise the heading for subpart 212.5 to read as set forth above.

    End Amendment Part
    [Redesignated as 212.505]
    Start Amendment Part

    9. Redesignate section 212.570 as 212.505 and revise the heading to read as follows:

    End Amendment Part
    Applicability of certain laws to contracts for the acquisition of COTS items.
    * * * * *
    Start Part

    PART 215—CONTRACTING BY NEGOTIATION

    Subpart 215.1—Source Selection Processes and Techniques

    End Part Start Amendment Part

    10. Add subpart 215.1 to consist of existing sections 215.101 through 215.101-70 under the heading set forth above.

    End Amendment Part Start Part

    PART 216—TYPES OF CONTRACTS

    End Part Start Amendment Part

    11. Revise the heading for section 216.402-2 to read as follows:

    End Amendment Part
    Performance incentives.
    * * * * *
    Start Part

    PART 217—SPECIAL CONTRACTING METHODS

    Subpart 217.78—Reverse Auctions

    End Part Start Amendment Part

    12. Revise the heading for subpart 217.78 to read as set forth above.

    End Amendment Part Start Part

    PART 218—EMERGENCY ACQUISITIONS

    End Part Start Amendment Part

    13. Revise the heading for section 218.203 to read as follows:

    End Amendment Part
    Emergency declaration or major disaster declaration.
    * * * * *
    Start Part

    PART 222—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

    End Part Start Amendment Part

    14. Revise the heading for section 222.403 to read as follows:

    End Amendment Part
    Statutory, Executive order, and regulatory requirements.
    * * * * *
    [Redesignated as 222.403-70]
    Start Amendment Part

    15. Redesignate section 222.403-4 as 222.403-70.

    End Amendment Part

    Subpart 222.6—Contracts for Materials, Supplies, Articles, and Equipment

    Start Amendment Part

    16. Revise the heading for subpart 222.6 to read as set forth above.

    End Amendment Part Start Part

    PART 223—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE

    Subpart 223.4—Use of Recovered Materials and Biobased Products

    End Part Start Amendment Part

    17. Revise the heading for subpart 223.4 to read as set forth above.

    End Amendment Part

    Subpart 223.8—Ozone-Depleting Substances and Greenhouse Gases

    Start Amendment Part

    18. Revise the heading for subpart 223.8 to read as set forth above.

    End Amendment Part
    [Redesignated as 223.802]
    Start Amendment Part

    19. Redesignate section 223.803 as 223.802.

    End Amendment Part Start Part

    PART 225—FOREIGN ACQUISITION

    Subpart 225.1—Buy American—Supplies

    End Part Start Amendment Part

    20. Revise the heading for subpart 225.1 to read as set forth above.

    End Amendment Part

    Subpart 225.2—Buy American—Construction Materials

    Start Amendment Part

    21. Revise the heading for subpart 225.2 to read as set forth above.

    End Amendment Part Start Amendment Part

    22. Add a heading for section 225.701 to read as follows:

    End Amendment Part
    Restrictions administered by the Department of the Treasury on acquisitions of supplies or services from prohibited sources.
    Start Part

    PART 228—BONDS AND INSURANCE

    Subpart 228.1—Bonds and Other Financial Protections

    End Part Start Amendment Part

    23. Revise the heading for subpart 228.1 to read as set forth above.

    End Amendment Part Start Amendment Part

    24. Revise the heading for section 228.102 to read as follows:

    End Amendment Part
    Performance and payment bonds and alternative payment protections for construction contracts.
    Start Part

    PART 231—CONTRACT COST PRINCIPLES AND PROCEDURES

    End Part Start Amendment Part

    25. Revise the heading for section 231.205-22 to read as follows:

    End Amendment Part
    Lobbying and political activity costs.
    * * * * *
    Start Part

    PART 232—CONTRACT FINANCING

    [Redesignated as 232.706 and 232.706-70]
    End Part Start Amendment Part

    26. Redesignate sections 232.705 and 232.705-70 as sections 232.706 and 232.706-70, respectively.

    End Amendment Part Start Amendment Part

    27. Revise the heading for section 232.806 to read as follows:

    End Amendment Part
    Contract clauses.
    * * * * *
    Start Part

    PART 233—PROTESTS, DISPUTES, AND APPEALS

    End Part Start Amendment Part

    28. Revise the heading for section 233.215 to read as follows:

    End Amendment Part
    Contract clauses.
    * * * * *
    Start Part

    PART 239—ACQUISITION OF INFORMATION TECHNOLOGY

    [Redesignated]
    End Part Start Amendment Part

    29. Redesignate section 239.001 by removing its designation in subpart Start Printed Page 59871 239.1 and placing it immediately before subpart 239.1.

    End Amendment Part
    [Amended]
    Start Amendment Part

    30. Amend section 239.7602-1 in paragraph (b)(1) by removing “ http://iase.disa.mil/​cloud_​security/​Pages/​index.aspx ” and adding “ https://public.cyber.mil/​dccs/​ ” in its place.

    End Amendment Part Start Amendment Part

    31. Amend section 239.7602-2 by adding a sentence at the end of paragraph (b) to read as follows:

    End Amendment Part
    Required storage of data within the United States or outlying areas.
    * * * * *

    (b) * * * See PGI 239.7602-2 for additional guidance.

    Start Part

    PART 242—CONTRACT ADMINISTRATION AND AUDIT SERVICES

    End Part Start Amendment Part

    32. Revise the heading for section 242.1204 to read as follows:

    End Amendment Part
    Applicability of novation agreements.
    * * * * *
    Start Part

    PART 245—GOVERNMENT PROPERTY

    End Part Start Amendment Part

    33. Revise the heading for section 245.604 to read as follows:

    End Amendment Part
    Sale of surplus personal property.
    [Redesignated as 245.604-1]
    Start Amendment Part

    34. Redesignate section 245.604-3 as 245.604-1 and revise it to read as follows:

    End Amendment Part
    Sales procedures.

    (1) Best value sales approach. Plant clearance officers shall determine a best value sales approach (formal or informal sales), to include due consideration for costs, risks, and benefits, e.g., potential sales proceeds.

    (2) Informal bid procedures. The plant clearance officer may direct the contractor to issue informal invitations for bid (orally, telephonically, or by other informal media), provided—

    (i) Maximum practical competition is obtained;

    (ii) Sources solicited are recorded; and

    (iii) Informal bids are confirmed in writing.

    (3) Sale approval and award. Plant clearance officers shall—

    (i) Evaluate bids to establish that the sale price is fair and reasonable, taking into consideration—

    (A) Knowledge or tests of the market;

    (B) Current published prices for the property;

    (C) The nature, condition, quantity, and location of the property; and

    (D) Past sale history for like or similar items;

    (ii) Approve award to the responsible bidder whose bid is most advantageous to the Government. The plant clearance officer shall not approve award to any bidder who is an ineligible transferee, as defined in 252.245-7004, Reporting, Reutilization, and Disposal; and

    (iii) Notify the contractor of the bidder to whom an award will be made within 5 working days from receipt of bids.

    (4) Noncompetitive sales.

    (i) Noncompetitive sales include purchases or retention at less than cost by the contractor. Noncompetitive sales may be made when—

    (A) The plant clearance officer determines that this method is essential to expeditious plant clearance; and

    (B) The Government's interests are adequately protected.

    (ii) Noncompetitive sales shall be at fair and reasonable prices, not less than those reasonably expected under competitive sales.

    (iii) Conditions justifying noncompetitive sales are—

    (A) No acceptable bids are received under competitive sale;

    (B) Anticipated sales proceeds do not warrant competitive sale;

    (C) Specialized nature of the property would not create bidder interest;

    (D) Removal of the property would reduce its value or result in disproportionate handling expenses; or

    (E) Such action is essential to the Government's interests.

    (5) Plant clearance officers shall consider any special disposal requirements such as demilitarization or trade security control requirements in accordance with DoDM 4160.28-M, Defense Demilitarization Manual, and DoDI 2030.08, Implementation of Trade Security Controls, respectively. See PGI 245.6.

    Start Part

    PART 246—QUALITY ASSURANCE

    [Removed]
    End Part Start Amendment Part

    35. Remove the first instance of section 246.701 (without heading and text).

    End Amendment Part Start Amendment Part

    36. Add section 246.702 to read as follows: 246.702 General.

    End Amendment Part
    [Redesignated as 246.702-70]
    Start Amendment Part

    37. Redesignate the second instance of section 246.701 (headed “Definitions”) as 246.702-70.

    End Amendment Part Start Amendment Part

    38. Revise the heading for section 246.710 to read as follows:

    End Amendment Part
    Contract clauses.
    * * * * *
    Start Part

    PART 251—USE OF GOVERNMENT SOURCES BY CONTRACTORS

    Subpart 251.2—Contractor Use of Interagency Fleet Management System (IFMS)

    End Part Start Amendment Part

    39. Revise the heading for subpart 251.2 to read as set forth above.

    End Amendment Part Start Part

    PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    [Redesignated as 252.103]
    End Part Start Amendment Part

    40. Redesignate section 252.102 as 252.103.

    End Amendment Part Start Part

    PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    [Amended]
    End Part Start Amendment Part

    41. Amend section 252.232-7007 in the introductory text by removing “232.705-70” and adding “232.706-70” in its place.

    End Amendment Part End Supplemental Information

    [FR Doc. 2021-23458 Filed 10-28-21; 8:45 am]

    BILLING CODE 5001-06-P

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Document Information

Effective Date:
10/29/2021
Published:
10/29/2021
Department:
Defense Acquisition Regulations System
Entry Type:
Rule
Action:
Final rule.
Document Number:
2021-23458
Dates:
Effective October 29, 2021.
Pages:
59869-59871 (3 pages)
Docket Numbers:
Docket DARS-2021-0001
Topics:
Government procurement
PDF File:
2021-23458.pdf
Supporting Documents:
» Defense Federal Acquisition Regulation Supplements: Technical Amendment
» Defense Federal Acquisition Regulation Supplement: Technical Amendment
» Defense Federal Acquisition Regulation Supplement: Technical Amendments
» Defense Federal Acquisition Regulation Supplement: Technical Amendments
» Defense Federal Acquisition Regulation Supplement: Technical Amendment
» Defense Federal Acquisition Regulation Supplement: Technical Amendments
CFR: (28)
48 CFR 232.705 and 232.705-70
48 CFR 203.806
48 CFR 205.205
48 CFR 209.409
48 CFR 211.105
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