65214 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal 

assistance no 

longer available 

in SFHAs 

Wauchula, City of, Hardee County ........ 120105 July 28, 1975, Emerg; June 25, 1976, Reg; 

November 6, 2013, Susp 

......do ............... Do. 

Zolfo Springs, Town of, Hardee County 120106 July 2, 1975, Emerg; May 4, 1988, Reg; 

November 6, 2013, Susp 

......do ............... Do. 

Region V 

Indiana: 

LaPorte, City of, LaPorte County .......... 180490 April 28, 1983, Emerg; April 1, 1993, Reg; 

November 6, 2013, Susp 

......do ............... Do. 

LaPorte County, Unincorporated Areas 180144 January 15, 1976, Emerg; January 1, 1987, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Long Beach, Town of, LaPorte County 185177 October 8, 1971, Emerg; March 23, 1973, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Michiana Shores, Town of, LaPorte 

County.

180505 N/A, Emerg; November 12, 1991, Reg; November 6, 2013, Susp ......do ............... Do. 

Michigan City, City of, LaPorte County 180147 March 20, 1975, Emerg; August 17, 1981, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Region VI 

Louisiana: 

Iberville Parish, Unincorporated Areas .. 220083 April 20, 1973, Emerg; June 1, 1978, Reg; 

November 6, 2013, Susp 

......do ............... Do. 

Maringouin, Town of, Iberville Parish .... 220085 April 23, 1973, Emerg; September 1, 1981, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Plaquemine, City of, Iberville Parish ..... 220086 April 23, 1973, Emerg; August 26, 1977, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Saint Gabriel, City of, Iberville Parish ... 220402 N/A, Emerg; July 12, 2001, Reg; November 

6, 2013, Susp 

......do ............... Do. 

White Castle, Town of, Iberville Parish 220088 April 23, 1973, Emerg; December 16, 1977, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Region VIII 

Montana: 

Billings, City of, Yellowstone County ..... 300085 January 15, 1974, Emerg; January 2, 1981, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Laurel, City of, Yellowstone County ...... 300086 March 19, 1975, Emerg; January 6, 1983, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Yellowstone County, Unincorporated 

Areas.

300142 July 28, 1975, Emerg; November 18, 1981, 

Reg; November 6, 2013, Susp 

......do ............... Do. 

Region X 

Alaska: 

Homer, City of, Kenai Peninsula Borough.020107 N/A, Emerg; June 2, 2003, Reg; November 

6, 2013, Susp 

......do ............... Do. 

*-do- =Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: September 20, 2013. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Department 

of Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2013–25520 Filed 10–30–13; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 215, 225, and 252 

RIN 0750–AH89 

Defense Federal Acquisition 

Regulation Supplement: Only One 

Offer—Further Implementation (DFARS 

Case 2013–D001) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to further implement DoD 

policy relating to competitive 

acquisitions in which only one offer is 

received, providing additional 

exceptions, and further addressing 

requests for data other than certified 

cost or pricing data from the Canadian 

Commercial Corporation. 

DATES: Effective October 31, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 28785 on May 

16, 2013, to further implement policy 

with regard to acquisitions in which 

only one offer is received and requests 

for data other than certified cost or 

pricing data from the Canadian 


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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 65215 

Commercial Corporation. This case is a 

follow-on to DFARS final rules 

published in the Federal Register under 

DFARS Case 2011–D013, Only One 

Offer (77 FR 39126 on June 29, 2012), 

and DFARS Case 2011–D049, 

Contracting with the Canadian 

Commercial Corporation (77 FR 43470 

on July 24, 2012). 

II. Applicability 

The final rule applies to solicitations 

(including solicitations for task orders 

and delivery orders) issued on or after 

the publication date of the final rule. 

III. Discussion and Analysis 

No public comments were received. 

There are only minor editorial changes 

from the proposed rule that were made 

in the final rule. Revisions include: 

• Renumbering section 12.301(f) 

subparagraphs due to DFARS baseline 

changes. 

• Correcting, in section 12.301(f), 

prescription references cited for two 

provisions: 252.215–7007, Notice of 

Intent to Resolicit; and 252.215–7008, 

Only One Offer. Extraneous verbiage 

was removed from the prescription for 

252.215–7004, Requirement for 

Submission of Data Other Than 

Certified Cost or Pricing Data— 

Modifications—Canadian Commercial 

Corporation. 

• Revising the prescription at 

215.371–6 to include a statement that 

provision 252.215–7007, Notice of 

Intent to Resolicit, should be included 

in solicitations for the acquisition of 

commercial items using Far part 12 

procedures. This provision is included 

in the list at 212.301(f) as being 

applicable to solicitations for 

commercial items; however, the 

prescription at 215.371–6 inadvertently 

omitted restating applicability of the 

provision to FAR part 12 solicitations. 

• Revising two prescriptions at 

215.408(3) to include a statement that 

the provisions should be included in 

solicitations for the acquisition of 

commercial items using FAR part 12 

procedures. The provisions are: 

252.215–7003, Requirement for Data 

Other Than Certified Cost or Pricing 

Data—Canadian Commercial 

Corporation, and 252.215–7004, 

Requirement for Data Other Than 

Certified Cost or Pricing Data— 

Modifications—Canadian Commercial 

Corporation. These two provisions are 

included in the list at 212.301(f) as 

being applicable to solicitations for 

commercial items; however, the 

prescriptions at 215.408(3) 

inadvertently omitted restating 

applicability of the provisions to FAR 

part 12 solicitations. 

IV. 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. 

IV. 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 rule further implements DoD 

policy relating to competitive 

acquisitions in which only one offer is 

received, providing additional 

exceptions, and further addressing 

requests for data other than certified 

cost or pricing data from the Canadian 

Commercial Corporation, especially 

relating to competitive solicitations 

when only one offer is received from the 

Canadian Commercial Corporation. The 

objective of the rule is to promote 

competition and ensure fair and 

reasonable prices by implementing DoD 

policy with regard to acquisitions when 

only one offer is received, including the 

Canadian Commercial Corporation. 

There were no public comments in 

response to the proposed rule. There 

were no comments filed by the Chief 

Counsel for Advocacy of the Small 

Business Administration. 

The final regulatory flexibility 

analysis for the final rule under FARS 

case 2011–D013, Only One Offer, was 

addressed in the Federal Register notice 

published in the Federal Register (77 

FR 39126) on June 29, 2012). With 

regard to DFARS Case 2011–D049, 

Contracting with the Canadian 

Commercial Corporation (77 FR 43470 

on July 24, 2012), DoD certified that 

there was no 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 it only impacted 

Canadian business concerns. The 

changes proposed in this rule are not 

expected to impact a substantial number 

of small entities within the meaning of 

the Regulatory Flexibility Act, 5 U.S.C. 

601, et seq., because the only changes 

impacting domestic entities are the 

added exceptions for architect-engineer 

services and the 8(a) program, which are 

more in the nature of a clarification than 

a change. 

• Architect-engineer services are 

purchased under the Brooks Act. The 

final rule for Only One Offer was not 

made applicable to part 36. This rule 

specifically clarifies that it is 

inapplicable. 

• The final rule for Only One Offer 

was not made applicable to set-asides 

under FAR part 19. The final rule 

specifically excluded small business setasides and set asides under the 

HUBZone Program, the Service-Disabled 

Veteran-Owned Small Business 

Procurement Program, and the WomenOwned Small Business Program. The 

8(a) Program was inadvertently omitted 

from the list of specific exclusions. In 

accordance with FAR 19.805–1, an 

acquisition offered to the SBA shall be 

awarded on the basis of competition 

limited to eligible 8(a) firms if two 

conditions are met: (1) the anticipated 

total value of the contract exceeds the 

thresholds at FAR 19.805–1(a)(2); and 

(2) there must be a reasonable 

expectation that at least two eligible and 

responsible 8(a) firms will submit offers 

and that award can be made at a fair and 

reasonable price. 

The final rule imposes no new 

reporting, recordkeeping, or other 

information collection requirements. 

The submission of certified cost or 

pricing data or data other than certified 

cost or pricing data is covered in FAR 

15.4 and associated clauses in 52.215, 

OMB clearance 9000–013. 

There are no known significant 

alternatives to the rule that would 

adequately implement the DoD policy. 

There is no significant economic impact 

on a substantial number of small 

entities. 

V. Paperwork Reduction Act 

The final rule does not impose any 

additional information collection 

requirements that require approval 

under the Paperwork Reduction Act (5 

U.S.C. chapter 35). The submission of 

certified cost or pricing data or data 

other than certified cost or pricing data 

required for negotiation is covered in 

FAR 15.4 and associated clauses in FAR 

52.215, and in OMB clearance 9000– 

013, Cost or Pricing Data Requirements 

and Information Other Than Cost or 

Pricing Data, in the amount of 

10,101,684 hours. 


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65216 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 

List of Subjects in 48 CFR Parts 212, 

215, 225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 212, 215, 225, 

and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 212, 215, 225, and 252 continues 

to read as follows: 

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

chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Section 212.301 is amended by— 

■ a. Redesignating paragraphs (f)(xi) 

through (lxii) as (f)(xiii) through (lxv), 

respectively; 

■ b. Adding new paragraphs (f)(xi), (xii), 

and (xiv); and 

■ c. Revising newly designated 

paragraph (f)(xiii). 

The additions and revision read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xi) Use the provision at 252.215– 

7003, Requirements for Submission of 

Data Other Than Certified Cost or 

Pricing Data—Canadian Commercial 

Corporation, as prescribed at 

215.408(3)(i). 

(xii) Use the clause at 252.215–7004, 

Requirement for Submission of Data 

other Than Certified Cost or Pricing 

Data—Modifications—Canadian 

Commercial Corporation, as prescribed 

at 215.408(3)(ii). 

(xiii) Use the provision at 252.215– 

7007, Notice of Intent to Resolicit, as 

prescribed at 215.371–6. 

(xiv) Use the provision 252.215–7008, 

Only One Offer, as prescribed at 

215.408(4). 

* * * * * 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.371–3 [Amended] 

■ 3. Section 215.371–3 is amended— 

■ a. In paragraph (a), by adding elipses 

‘‘. . .’’ after the words ‘‘reasonable 

expectation’’ and before the words ‘‘that 

two or more offerors,’’, and removing 

‘‘at one level’’ and adding ‘‘at a level’’ 

in its place.; 

■ b. In paragraph (b) introductory text, 

by removing ‘‘215.371–4(b) and adding 

‘‘215.371–4(a)(3); 

■ c. In paragraph (b)(1), removing ‘‘at 

one level’’ and adding ‘‘at a level’’ in its 

place; and 

■ d. In paragraph (b)(2)(i), removing ‘‘, 

in accordance with FAR provision 

52.215–20’’ and removing ‘‘FAR 15.403– 

1(c)’’ and adding ‘‘FAR 15.403–1(b)’’ in 

its place. 

■ 4. Section 215.371–4 is revised to read 

as follows: 

215.371–4 Exceptions. 

(a) The requirements at section 

215.371–2 do not apply to— 

(1) Acquisitions at or below the 

simplified acquisition threshold; 

(2) Acquisitions in support of 

contingency, humanitarian or 

peacekeeping operations, or to facilitate 

defense against or recovery from 

nuclear, biological, chemical, or 

radiological attack; 

(3) Small business set-asides under 

FAR subpart 19.5, set asides offered and 

accepted into the 8(a) Program under 

FAR subpart 19.8, or set-asides under 

the HUBZone Program (see FAR 

19.1305(c)), the Service-Disabled 

Veteran-Owned Small Business 

Procurement Program (see FAR 

19.1405(c)), or the Women-Owned 

Small Business Program (see FAR 

19.1505(d)); 

(4) Acquisitions of basic or applied 

research or development, as specified in 

FAR 35.016(a), that use a broad agency 

announcement; or 

(5) Acquisitions of architect-engineer 

services (see FAR 36.601–2). 

(b) The applicability of an exception 

in paragraph (a) of this section does not 

eliminate the need for the contracting 

officer to seek maximum practicable 

competition and to ensure that the price 

is fair and reasonable. 

■ 5. Section 215.371–6 is added to read 

as follows: 

215.371–6 Solicitation provision. 

Use the provision at 252.215–7007, 

Notice of Intent to Resolicit, in 

competitive solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that will be solicited 

for fewer than 30 days, unless an 

exception at 215.371–4 applies or the 

requirement is waived in accordance 

with 215.371–5. 

215.403–1 [Amended] 

■ 6. Section 215.403–1 is amended by— 

■ a. In second sentence of paragraph 

(c)(1)(A)(1), removing ‘‘price analysis.’’ 

and adding ‘‘price analysis; and’’ in its 

place. 

■ b. In paragraph (c)(4)(C), removing 

‘‘215.408(5)’’ and adding ‘‘215.408(3)’’ 

in its place. 

■ 7. Section 215.408 is amended by— 

■ a. Revising paragraph (3); 

■ b. In paragraph (4)(i), removing 

‘‘215.371–4(a)(1)’’ and adding ‘‘215.371– 

4(a)’’ in its place; 

■ c. In paragraph (4)(ii), removing ‘‘but 

that provision will only take effect as 

specified in 252.215–7008’’ and adding 

‘‘if the contracting officer is requesting 

submission of data other than certified 

cost or pricing data with the offer’’ in its 

place; 

■ d. Removing paragraph (5); and 

■ e. Redesignating paragraph (6) as 

paragraph (5). 

The revision reads as follows: 

215.408 Solicitation provisions and 

contract clauses. 

* * * * * 

(3) When contracting with the 

Canadian Commercial Corporation— 

(i)(A) Use the provision at 252.215– 

7003, Requirement for Data Other Than 

Certified Cost or Pricing Data— 

Canadian Commercial Corporation— 

(1) In lieu of FAR 52.215–20, 

Requirement for Data Other Than 

Certified Cost or Pricing Data, in a 

solicitation, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, for a 

sole source acquisition from the 

Canadian Commercial Corporation that 

is— 

(i) Cost-reimbursement, if the contract 

value is expected to exceed $700,000; or 

(ii) Fixed-price, if the contract value is 

expected to exceed $500 million; or 

(2) In lieu of FAR 52.215–20, in a 

solicitation, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, for a 

sole source acquisition from the 

Canadian Commercial Corporation that 

does not meet the thresholds specified 

in paragraph (3)(i)(A)(1), if approval is 

obtained as required at 225.870– 

4(c)(2)(ii); and 

(B) Do not use 252.225–7003 in lieu 

of FAR 52.215–20 in competitive 

acquisitions. The contracting officer 

may use FAR 52.215–20 with its 

Alternate IV, as prescribed at 

15.408(l)(3), even if offers from the 

Canadian Commercial Corporation are 

anticipated; and 

(ii)(A) Use the clause at 252.215– 

7004, Requirement for Data Other Than 

Certified Cost or Pricing Data— 

Modifications—Canadian Commercial 

Corporation— 

(1) In a solicitation, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, for a sole source 

acquisition, from the Canadian 

Commercial Corporation and resultant 

contract that is— 

(i) Cost-reimbursement, if the contract 

value is expected to exceed $700,000; or 


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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 65217 

(ii) Fixed-price, if the contract value is 

expected to exceed $500 million; 

(2) In a solicitation, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, for a sole source 

acquisition from the Canadian 

Commercial Corporation and resultant 

contract that does not meet the 

thresholds specified in paragraph 

(3)(ii)(A) (1), if approval is obtained as 

required at 225.870–4(c)(2)(ii); or 

(3)(i) In a solicitation, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, for a competitive 

acquisition that includes FAR 52.215– 

21, Requirement for Data Other Than 

Certified Cost or Pricing Data— 

Modifications, or that meets the 

thresholds specified in paragraph 

(3)(ii)(A) (1). 

(ii) The contracting officer shall then 

select the appropriate clause to include 

in the contract (52.215–21 only if award 

is not to the Canadian Commercial 

Corporation; or 252.215–7004 if award 

is to the Canadian Commercial 

Corporation and necessary approval is 

obtained in accordance with 225.870– 

4(c)(2)(ii)); and 

(B) The contracting officer may 

specify a higher threshold in paragraph 

(b) of the clause 252.215–7004. 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 8. Section 225.870–4 is amended by— 

■ a. Revising paragraph (c)(2); 

■ b. In paragraph (c)(3), removing 

‘‘215.408(5)(i)’’ and adding 

‘‘215.408(3)(i)’’ in its place. 

The revision reads as follows: 

225.870–4 Contracting procedures. 

* * * * * 

(c) * * * 

(2) The Canadian Commercial 

Corporation is not exempt from the 

requirement to submit data other than 

certified cost or pricing data, as defined 

in FAR 2.101. In accordance with FAR 

15.403–3(a)(1)(ii), the contracting officer 

shall require submission of data other 

than certified cost or pricing data from 

the offeror, to the extent necessary to 

determine a fair and reasonable price. 

(i) No further approval is required to 

request data other than certified cost or 

pricing data from the Canadian 

Commercial Corporation in the 

following circumstances: 

(A) In a solicitation for a sole source 

acquisition that is— 

(1) Cost-reimbursement, if the 

contract value is expected to exceed 

$700,000; or 

(2) Fixed-price, if the contract value is 

expected to exceed $500 million. 

(B) If the Canadian Commercial 

Corporation submits the only offer in 

response to a competitive solicitation 

that meets the thresholds specified in 

paragraph (c)(2)(i)(A) of this section. 

(C) For modifications that exceed 

$150,000 in contracts that meet the 

criteria in paragraph (c)(2)(i)(A) or (B) of 

this section. 

(D) In competitive solicitations in 

which data other than certified cost or 

pricing data are required from all 

offerors. 

(ii) In any circumstances other than 

those specified in paragraph (c)(2)(i) of 

this section, the contracting officer shall 

only require data other than certified 

cost or pricing data from the Canadian 

Commercial Corporation if the head of 

the contracting activity, or designee no 

lower than two levels above the 

contracting officer, determines that data 

other than certified cost or pricing data 

are needed (or in the case of 

modifications that it is reasonably 

certain that data other than certified cost 

or pricing data will be needed) in order 

to determine that the price is fair and 

reasonable) (see FAR 15.403–3(a). 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.215–7003 [Amended] 

■ 9. Section 252.215–7003 is amended 

by, in the introductory text, removing 

‘‘215.408(5)(i)’’ and adding 

‘‘215.408(3)(i)’’ in its place. 

■ 10. Section 252.215–7004 is 

amended— 

■ a. In the introductory text, by 

removing ‘‘215.408(5)(ii)’’ and adding 

‘‘215.408(3)(ii)’’ in its place; 

■ b. By removing the clause date of 

‘‘(JUL 2012)’’ and adding ‘‘(OCT 2013)’’ 

in its place; 

■ c. In paragraph (b) introductory text, 

by removing ‘‘the simplified acquisition 

threshold’’ and adding ‘‘$150,000’’ in its 

place; and 

■ d. By adding introductory text after 

the clause date and before paragraph (a) 

to read as follows: 

252.215–7004 Requirement for 

Submission of Data Other Than Certified 

Cost or Pricing Data—Modifications— 

Canadian Commercial Corporation. 

* * * * * 

This clause, in lieu of FAR 52.215–21, 

applies only if award is to the Canadian 

Commercial Corporation. 

* * * * * 

252.215–7007 [Amended] 

■ 11. Section 252.215–7007 is amended 

by, in the introductory text, removing 

‘‘215.408(3)’’ and adding ‘‘215.371–6’’ 

in its place. 

■ 12. Section 252.215–7008 is revised to 

read as follows: 

252.215–7008 Only One Offer. 

As prescribed at 215.408(4), use the 

following provision: 

Only One Offer (Oct 2013) 

(a) After initial submission of offers, the 

Offeror agrees to submit any subsequently 

requested additional cost or pricing data if 

the Contracting Officer notifies the Offeror 

that— 

(1) Only one offer was received; and 

(2) Additional cost or pricing data is 

required in order to determine whether the 

price is fair and reasonable or to comply with 

the statutory requirement for certified cost or 

pricing data (10 U.S.C. 2306a and FAR 

15.403–3). 

(b) Requirement for submission of 

additional cost or pricing data. Except as 

provided in paragraph (c) of this provision, 

the Offeror shall submit additional cost or 

pricing data as follows: 

(1) If the Contracting Officer notifies the 

Offeror that additional cost or pricing data 

are required in accordance with paragraph (a) 

of this clause, the data shall be certified 

unless an exception applies (FAR 15.403– 

1(b)). 

(2) Exceptions from certified cost or pricing 

data. In lieu of submitting certified cost or 

pricing data, the Offeror may submit a 

written request for exception by submitting 

the information described in the following 

paragraphs. The Contracting Officer may 

require additional supporting information, 

but only to the extent necessary to determine 

whether an exception should be granted, and 

whether the price is fair and reasonable. 

(i) Identification of the law or regulation 

establishing the price offered. If the price is 

controlled under law by periodic rulings, 

reviews, or similar actions of a governmental 

body, attach a copy of the controlling 

document, unless it was previously 

submitted to the contracting office. 

(ii) Commercial item exception. For a 

commercial item exception, the Offeror shall 

submit, at a minimum, information on prices 

at which the same item or/similar items have 

previously been sold in the commercial 

market that is adequate for evaluating the 

reasonableness of the price for this 

acquisition. Such information may include— 

(A) For catalog items, a copy of or 

identification of the catalog and its date, or 

the appropriate pages for the offered items, 

or a statement that the catalog is on file in 

the buying office to which the proposal is 

being submitted. Provide a copy or describe 

current discount policies and price lists 

(published or unpublished), e.g., wholesale, 

original equipment manufacturer, or reseller. 

Also explain the basis of each offered price 

and its relationship to the established catalog 

price, including how the proposed price 

relates to the price of recent sales in 

quantities similar to the proposed quantities; 

(B) For market-priced items, the source and 

date or period of the market quotation or 

other basis for market price, the base amount, 


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65218 Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations 

and applicable discounts. In addition, 

describe the nature of the market; or 

(C) For items included on an active Federal 

Supply Service Multiple Award Schedule 

contract, proof that an exception has been 

granted for the schedule item. 

(3) The Offeror grants the Contracting 

Officer or an authorized representative the 

right to examine, at any time before award, 

books, records, documents, or other directly 

pertinent records to verify any request for an 

exception under this provision, and the 

reasonableness of price. For items priced 

using catalog or market prices, or law or 

regulation, access does not extend to cost or 

profit information or other data relevant 

solely to the Offeror’s determination of the 

prices to be offered in the catalog or 

marketplace. 

(4) Requirements for certified cost or 

pricing data. If the Offeror is not granted an 

exception from the requirement to submit 

certified cost or pricing data, the following 

applies: 

(i) The Offeror shall prepare and submit 

certified cost or pricing data and supporting 

attachments in accordance with the 

instructions contained in Table 15–2 of FAR 

15.408, which is incorporated by reference 

with the same force and effect as though it 

were inserted here in full text. The 

instructions in Table 15–2 are incorporated 

as a mandatory format to be used, unless the 

Contracting Officer and the Offeror agree to 

a different format. 

(ii) As soon as practicable after agreement 

on price, but before contract award (except 

for unpriced actions such as letter contracts), 

the offeror shall submit a Certificate of 

Current Cost or Pricing Data, as prescribed by 

FAR 15.406–2. 

(c) If the Offeror is the Canadian 

Commercial Corporation, certified cost or 

pricing data are not required. If the 

Contracting Officer notifies the Canadian 

Commercial Corporation that additional data 

other than certified cost or pricing data are 

required in accordance with 225.870–4(c), 

the Canadian Commercial Corporation shall 

obtain and provide the following: 

(1) Profit rate or fee (as applicable). 

(2) Analysis provided by Public Works and 

Government Services Canada to the Canadian 

Commercial Corporation to determine a fair 

and reasonable price (comparable to the 

analysis required at FAR 15.404–1). 

(3) Data other than certified cost or pricing 

data necessary to permit a determination by 

the U.S. Contracting Officer that the 

proposed price is fair and reasonable [U.S. 

Contracting Officer to provide description of 

the data required in accordance with FAR 

15.403–3(a)(1) with the notification]. 

(4) As specified in FAR 15.403–3(a)(4), an 

offeror who does not comply with a 

requirement to submit data that the U.S. 

Contracting Officer has deemed necessary to 

determine price reasonableness or cost 

realism is ineligible for award unless the 

head of the contracting activity determines 

that it is in the best interest of the 

Government to make the award to that 

offeror. 

(d) If negotiations are conducted, the 

negotiated price should not exceed the 

offered price. 

(End of provision) 

252.215–7009 [Amended] 

■ 13. Section 252.215–7009 is amended 

by, in the introductory text, removing 

‘‘215.408(6)’’ and adding ‘‘215.408(5)’’ 

in its place. 

[FR Doc. 2013–25728 Filed 10–30–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 237 

RIN 0750–AI05 

Defense Federal Acquisition 

Regulation Supplement: Private Sector 

Notification Requirements of InSourcing Actions DFARS Case 2012– 

D036 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act 

regarding private sector notification of 

in-sourcing actions. 

DATES: Effective date: October 31, 2013. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before December 30, 2013, to be 

considered in the formation of a final 

rule.’’ 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D036 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D036’’ 

under the heading ‘‘Enter keyword or 

ID’’ and selecting ‘‘Search.’’ Select the 

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D036.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D036 on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D036 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Annette Gray, 

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: 

Annette Gray, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6093; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule revises DFARS 

237.102–79 to implement section 938 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2012 

regarding private sector notification of 

in-sourcing actions. 

II. Discussion and Analysis 

Section 938 of the NDAA requires the 

Secretary of Defense to establish 

procedures for the timely notification of 

any contractor who performs a function 

that the Secretary plans to convert (insource) to performance by DoD civilian 

employees. A written notification will 

be provided to affected incumbent 

contractors within 20 business days of 

the contracting officer’s receipt of a 

decision by the cognizant component 

in-sourcing program official to in-source 

services. The notification will 

summarize why the services are being 

insourced and must be coordinated with 

the component’s in-sourcing program 

official. A copy of the notification will 

be provided to the congressional 

defense committees. 

III. 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 


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