75512 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 

PART 17—MEDICAL 

1. The authority citation for part 17 

continues to read as follows: 

Authority: 38 U.S.C. 501, and as noted in 

specific sections. 

2. Amend § 17.170 by: 

a. Revising paragraph (a). 

b. Removing paragraph (b). 

c. Redesignating paragraph (c) as new 

paragraph (b) and adding a paragraph 

heading. 

d. Redesignating paragraph (d) as new 

paragraph (c) and adding a paragraph 

heading. 

e. In newly redesignated paragraph 

(c), removing ‘‘paragraph (c)’’ each time 

it appears and adding, in its place, 

‘‘paragraph (b)’’. 

d. Redesignating paragraph (e) as new 

paragraph (d) and revising newly 

redesignated paragraph (d). 

e. Redesignating paragraph (f) as new 

paragraph (e) and revising newly 

redesignated paragraph (e). 

f. Adding an authority citation at the 

end of the section. 

The revisions and addition read as 

follows: 

§ 17.170 Autopsies. 

(a) General. (1) Except as otherwise 

provided in this section, the Director of 

a VA facility may order an autopsy on 

a decedent who died while undergoing 

VA care authorized by § 17.38, ‘‘Medical 

Benefits Package’’, or § 17.52, ‘‘Hospital 

care and medical services in non-VA 

facilities’’, if the Director determines 

that an autopsy is required for VA 

purposes for the following reasons: 

(i) Completion of official records; or 

(ii) Advancement of medical 

knowledge. 

(2) VA may order an autopsy to be 

performed only if consent is first 

obtained under one of the following 

circumstances: 

(i) Consent is granted by the surviving 

spouse or next of kin of the decedent; 

(ii) Consent is implied where a known 

surviving spouse or next of kin does not 

respond within a specified period of 

time to VA’s request for permission to 

conduct an autopsy; 

(iii) Consent is implied where a 

known surviving spouse or next of kin 

does not inquire after the well-being of 

the deceased veteran for a period of at 

least 6 months before the date of the 

veteran’s death; or 

(iv) Consent is implied where there is 

no known surviving spouse or next of 

kin of the deceased veteran. 

(b) Death resulting from crime. * * * 

(c) Jurisdiction. * * * 

(d) Applicable law. (1) The laws of the 

state where the autopsy will be 

performed are to be used to identify the 

person who is authorized to grant VA 

permission to perform the autopsy and, 

if more than one person is identified, 

the order of precedence among such 

persons. 

(2) When the next of kin, as defined 

by the laws of the state where the 

autopsy will be performed, consists of a 

number of persons such as children, 

parents, brothers and sisters, etc., 

permission to perform an autopsy may 

be accepted when granted by the person 

in the appropriate class who assumes 

the right and duty of burial. 

(e) Death outside a VA facility. The 

Director of a VA facility may order an 

autopsy on a veteran who was 

undergoing VA care authorized by 

§§ 17.38 or 17.52, and whose death did 

not occur in a VA facility. Such 

authority also includes transporting the 

body at VA’s expense to the facility 

where the autopsy will be performed, 

and the return of the body. Consent for 

the autopsy will be obtained as stated in 

paragraph (d) of this section. The 

Director must determine that such 

autopsy is reasonably required for VA 

purposes for the following reasons: 

(1) The completion of official records; 

or 

(2) Advancement of medical 

knowledge. 

(Authority: 38 U.S.C. 501, 1703, 1710) 

[FR Doc. 2011–31031 Filed 12–1–11; 8:45 am] 

BILLING CODE 8320–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215 and 252 

RIN 0750–AH47 

Defense Federal Acquisition 

Regulation Supplement: Proposal 

Adequacy Checklist (DFARS Case 

2011–D042) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement to incorporate a 

proposal adequacy checklist for 

proposals in response to solicitations 

that require submission of certified cost 

or pricing data. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

January 31, 2012, to be considered in 

the formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D042, 

using any of the following methods: 

Æ Regulations.gov: http://www.

regulations.gov. Submit comments via 

the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2011–D042 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D042.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2011– 

D011’’ on your attached document. 

Æ E-mail: dfars@osd.mil. Include 

DFARS Case 2011–D011 in the subject 

line of the message. 

Æ Fax: 703–614–1254. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Dustin Pitsch, 

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 http:// 

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: Mr. 

Dustin Pitsch, telephone 703–602–0289. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This proposed rule supports one of 

DoD’s Better Buying Power initiatives 

by incorporating the requirement for a 

proposal adequacy checklist into the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) at section 

215.408, and an associated solicitation 

provision at DFARS 252.215–70XX, to 

ensure offerors take responsibility for 

submitting thorough, accurate, and 

complete proposals. The provision 

should be included in solicitations that 

require the submission of certified cost 

or pricing data. 

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 


srobinson on DSK4SPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 75513 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

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. However, an Initial Regulatory 

Flexibility Analysis has been performed 

and is summarized as follows: 

This proposed rule amends the 

DFARS to add a checklist for DoD 

contractors to complete under 

solicitations that require the submission 

of certified cost or pricing data, if the 

contracting officer chooses to use the 

provision. This rule will implement one 

of DoD’s Better Buying Power 

initiatives. 

The objective of the rule is to ensure 

that offerors submit thorough, accurate, 

and complete proposals. By completing 

the checklist, offerors will be able to self 

validate the adequacy of their proposals. 

The legal basis for the rule is 41 U.S.C. 

1303. 

The rule will apply to actions where 

cost and pricing data is required, at the 

discretion of the contracting officer. 

Based on data collected in FPDS–NG for 

FY2008–FY2010, there are on average 

905 actions per year that met the criteria 

where the proposal adequacy checklist 

could be utilized. On average, 420 of 

those actions were with small business 

concerns. 

The rule imposes no new reporting 

requirements. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. 

No alternatives were identified that 

would meet the objectives of the rule. 

Excluding the small number of small 

business concerns that may be subject to 

the rule would not be in the best interest 

of the small business concerns or the 

Government, because the proposal 

adequacy checklist was created directly 

from requirements already in the 

Federal Acquisition Regulation. While 

the checklist does not add burden, it 

provides a useful tool for ensuring 

proposal adequacy. 

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 2011–D042), in 

correspondence. 

IV. Paperwork Reduction Act 

The rule contains 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; 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 9000–0013, 

entitled ‘‘Cost or Pricing Data 

Exemption Information.’’ 

List of Subjects in 48 CFR Parts 215 and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 215 and 252 

are proposed to be amended as follows: 

1. The authority citation for 48 CFR 

parts 215 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 215—CONTRACTING BY 

NEGOTIATION 

2. Amend Section 215.408 to add new 

paragraph (3) to read as follows: 

215.408 Solicitation provisions and 

contract clauses. 

* * * * * 

(3) When the solicitation requires the 

submission of certified cost and pricing 

data, the contracting officer should 

include 252.215–70XX, Proposal 

Adequacy Checklist, in the solicitation. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

3. Add section 252.215–70XX to read 

as follows: 

252.215–70XX Proposal Adequacy 

Checklist. 

As prescribed in 215.408(3), use the 

following provision: 

PROPOSAL ADEQUACY CHECKLIST 

(DATE) 

The offeror shall complete the following 

checklist, providing location of requested 

information, or an explanation of why the 

requested information is not provided. 

Completion of this checklist in no way 

reduces the responsibility to fully comply 

with all of the requirements of 41 U.S.C. 

chapter 35, Truthful Cost or Pricing Data, and 

any other special requirements of the 

solicitation. 

PROPOSAL ADEQUACY CHECKLIST

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN (may 

use continuation 

pages) 

GENERAL INSTRUCTIONS 

1. Paragraph A(1) FAR 15.408, Table 

15–2, Section I.

Is there a properly completed first page of the proposal per 

FAR 15.408 Table 15–2 I.A or as specified in the solicitation? 

2. Paragraph A(7) FAR 15.408, Table 

15–2, Section I.

Does the proposal identify the need for Government-furnished 

material/tooling/test equipment? Include the lending contract number and Contracting Officer contact information if 

known.


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75514 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN (may 

use continuation 

pages) 

3. Paragraph A(8) FAR 15.408, Table 

15–2, Section I.

Does the proposal include identification of any CAS non-compliances, or other estimating deficiencies that may impact 

the proposed price? 

4. Paragraph A(8) FAR 15.408, Table 

15–2, Section I.

Does the proposal disclose any other known activity that 

could materially impact the costs; such as, existing excess 

material, changes in production methods, make-or-buy decisions, company re-organizations, new business, or new 

technology? 

5. Paragraph B FAR 15.408, Table 15–2, 

Section I.

Is an Index of all certified cost or pricing data and information 

accompanying or identified in the proposal provided and 

appropriately referenced? 

6. FAR 15.403–1(b) ................................. Are there any exceptions to submission of certified cost or 

pricing data pursuant to FAR 15.403–1(b)? If so, is supporting documentation included in the proposal? 

7. Paragraph C(2)(i) FAR 15.408, Table 

15–2, Section I.

Does the proposal disclose the judgmental factors applied 

and the mathematical or other methods used in the estimate, including those used in projecting from known data? 

8. Paragraph C(2)(ii) FAR 15.408, Table 

15–2, Section I.

Does the proposal disclose the nature and amount of any 

contingencies included in the proposed price? 

9. Paragraph D FAR 15.408, Table 15–2, 

Section I.

Does the proposal explain the basis of all cost estimating relationships (CERs) (labor hours or material) proposed on 

other than a discrete basis? 

10. Paragraphs D and E FAR 15.408, 

Table 15–2, Section I.

Is there a summary of total cost by element of cost and are 

the elements of cost cross-referenced to the supporting 

cost or pricing data? (Breakdowns for each cost element 

must be consistent with your cost accounting system.) 

11. Paragraph D FAR 15.408, Table 15– 

2, Section I.

Is total price by cost element provided by year? Identify if by 

Calendar Year (CY) or Government Fiscal Year (GFY) or 

both, as required.

12. Paragraphs D and E FAR 15.408, 

Table 15–2, Section I.

If more than one Contract Line Item Number (CLIN) or sub 

Contract Line Item Number (sub-CLIN) is proposed as required by the RFP, are there summary total amounts covering all line items for each element of cost and is it crossreferenced to the supporting cost or pricing data? 

13. Paragraph E FAR 15.408, Table 15– 

2, Section I.

Are CLIN prices by cost element provided by year? Identify if 

by CY or GFY or both, as required.

14. Paragraph E FAR 15.408, Table 15– 

2, Section I.

Are recurring and non-recurring costs segregated at both the 

CLIN/sub-CLIN and total cost levels? 

15. Paragraph F FAR 15.408, Table 15– 

2, Section I.

Does the proposal identify any incurred costs for work performed before the submission of the proposal? 

16. Paragraph G FAR 15.408, Table 15– 

2, Section I.

Is there a Government forward pricing rate agreement 

(FPRA)? If so, identify and include.

COST ELEMENTS 

MATERIALS AND SERVICES 

17. Paragraph AFAR 15.408, Table 15– 

2, Section II.

Does the proposal include a description of supplies or services and the basis on which the supply or service meets 

the Government’s requirements? 

18. Paragraph A FAR 15.408, Table 15– 

2, Section II.

Does the proposal include a consolidated summary of individual material and services to include the basis for pricing? The offeror’s consolidated summary shall include raw 

materials, parts, components, assemblies, subcontracts 

and services to be produced or performed by others, identifying as a minimum the item, source, quantity, and price.


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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 75515 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN (may 

use continuation 

pages) 

SUBCONTRACTS (Purchased materials or services) 

19. ......................................................... Does the proposal identify those actions for which assist audits have been requested by the contractor or a subcontractor and identify the request date and scheduled receipt 

date? 

20. FAR 15.404–3(c) ............................... Per the thresholds of FAR 15.404–3(c), Subcontract Pricing 

Considerations, does the proposal include a copy of the 

applicable subcontractor’s proposal(s)? 

21. Paragraph A FAR 15.408, Table 15– 

2, Section II.

Is the subcontractor Price/Cost Analysis establishing the reasonableness of each proposed subcontract included with 

the proposal? 

22. ......................................................... If the offeror’s Price/Cost Analyses are not provided with the 

proposal, does the proposal include a matrix identifying 

dates for receipt of subcontractor proposal, completion of 

fact finding for purposes of Price/Cost Analysis, and submission of the Price/Cost Analysis? 

COMMERCIAL ITEM DETERMINATIONS 

23. FAR 2.101 FAR 15.403–1 (b)(3) or 

(b)(5).

Are commercial items being proposed either at the prime or 

subcontractor level that would be exempt from certified cost 

or pricing data requirements? 

24. FAR 2.101 .......................................... Has the contractor specifically identified the type of commercial item claim (FAR 2.101 commercial item definition, 

paragraphs (1) through (8)), and the basis on which the 

item meets the definition? 

25. FAR 2.101 FAR 15.403–1 ................. For modified commercial items (FAR 2.101 commercial item 

definition paragraph (3)); did the contractor classify the 

modification(s) as either— 

• A modification of a type customarily available in the commercial marketplace (paragraph (3)(i)); or 

• A minor modification (paragraph (3)(ii)) of a type not customarily available in the commercial marketplace made to 

meet Federal Government requirements not exceeding the 

thresholds in FAR 15.403–1(c)(3)(iii)(B)? (see note below) 

26. FAR 2.101 .......................................... For proposed commercial items ‘‘of a type’’, or ‘‘evolved’’ or 

modified (FAR 2.101 commercial item definition paragraphs 

(1) through (3)), did the contractor provide a technical description of the differences between the proposed item and 

the comparison item(s)? 

27. FAR 15.402(a)(2) FAR 15.403– 

1(c)(3)(ii) FAR 15.403–3(c) FAR 

15.404–3(b) FAR 15.404–3(c) FAR 

15.406–2.

Does the proposal include a determination of price reasonableness for all commercial items offered? 

ADEQUATE PRICE COMPETITION 

28. Paragraph A(1) FAR 15.408, Table 

15–2, Section II.

Does the proposal support the degree of competition and the 

basis for establishing the source and reasonableness of 

price for each subcontract or purchase order priced on a 

competitive basis exceeding the threshold for certified cost 

or pricing data? 

INTERORGANIZATIONAL TRANSFERS 

29. Paragraph A.(2) FAR 15.408, Table 

15–2, Section II.

For inter-organizational transfers proposed at cost, does the 

proposal include a complete cost proposal in compliance 

with Table 15–2? 


srobinson on DSK4SPTVN1PROD with PROPOSALS
75516 Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN (may 

use continuation 

pages) 

30. FAR 31.205–26(e) FAR 15.403–1 ..... For inter-organizational transfers proposed at price in accordance with FAR 31.205–26(e), does the proposal provide an 

analysis by the prime that supports the exception from certified cost or pricing data in accordance with FAR 15.403– 

1? 

DIRECT LABOR 

31. Paragraph B FAR 15.408, Table 15– 

2, Section II.

Does the proposal include a time phased (i.e.; monthly, quarterly) breakdown of labor hours, rates and costs by category or skill level? If labor is the allocation base for indirect costs, the labor cost must be summarized in order that 

the applicable overhead rate can be applied.

32. Paragraph B FAR 15.408, Table 15– 

2, Section II.

For labor Basis of Estimates (BOEs), does the proposal include labor categories, labor hours, task descriptions, 

Statement of Work reference, applicable CLIN, Work 

Breakdown Structure, rationale for estimate, applicable history, and time-phasing? 

33. Paragraphs B and C, FAR 15.408, 

Table 15–2, Section II.

Does the proposal include all rates and factors by year that 

are utilized in the development of the proposal and the 

basis of those rates and factors (FPRA/FPRP)? The Offeror shall identify the official submittal of such rate and factor 

data.

34. FAR subpart 22.10 ............................ If covered by the Service Contract Labor Standards statute 

(41 U.S.C. chapter 67), are the rates in the proposal in 

compliance with the minimum rates specified in the statute? 

INDIRECT COSTS 

35. Paragraph C FAR 15.408, Table 15– 

2, Section II.

Does the proposal indicate the basis of estimate for proposed 

indirect costs? (Support for the indirect rates could consist 

of cost breakdowns, trends, and budgetary data.) 

OTHER COSTS 

36. Paragraph D FAR 15.408, Table 15– 

2, Section II.

Does the proposal include other direct costs and the basis for 

pricing? If travel is included does the proposal include number of trips, number of people, number of days per trip, locations, and rates (e.g. airfare, per diem, hotel, car rental, 

etc)? 

37. Paragraph E FAR 15.408, Table 15– 

2, Section II.

If royalties exceed $1,500 does the proposal provide the information/data identified by Table 15–2? 

38. Paragraph F FAR 15.408, Table 15– 

2, Section II.

When facilities capital cost of money is proposed, does the 

proposal include submission of Form CASB-CMF or reference to an FPRP/FPRA and show the calculation of the 

proposed amount? 

FORMATS FOR SUBMISSION OF LINE ITEM SUMMARIES 

39. FAR 15.408, Table 15–2, Section III Are all cost element breakdowns provided using the applicable format prescribed in FAR 15.408, Table 15–2 III? (or alternative format if specified in the RFP) 

40. Paragraph B FAR 15.408, Table 15– 

2, Section III.

If the proposal is for a modification or change order, have 

cost of work deleted (credits) and cost of work added (debits) been provided in the format described in FAR 15.408, 

Table 15–2.III.B? 

41. Paragraph C FAR 15.408, Table 15– 

2, Section III.

For price revisions/redeterminations, does the proposal follow 

the format in FAR 15.408, Table 15–2.III.C? 


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Federal Register / Vol. 76, No. 232 / Friday, December 2, 2011 / Proposed Rules 75517 

PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN (may 

use continuation 

pages) 

OTHER 

42. FAR 16.4 ............................................ If an incentive contract type, does the proposal include offeror 

proposed target cost, target profit or fee, share ratio, and, 

when applicable, minimum/maximum fee, ceiling price? 

43. FAR 15.404–4(c)(4)(i) ........................ Is proposed fee in accordance with statutory guidance? 

44. FAR 16.203–4(a)(1) ........................... If Economic Price Adjustments are being proposed, does the 

proposal show the rationale and application for the proposed indices? 

45. FAR 32.1000 ...................................... If the offeror is proposing Performance-Based Payments have 

they provided an expenditure profile, proposed events and 

their projected dates, proposed values for each event, completion criteria, and identification of which events are severable or cumulative? 

46. FAR 15.408(n) ................................... Excessive Pass-through Charges—Identification of Subcontract Effort: If the offeror intends to subcontract more 

than 70% of the total cost of work to be performed, does 

the proposal identify: (i) The amount of the offeror’s indirect 

costs and profit applicable to the work to be performed by 

the proposed subcontractor(s); and (ii) a description of the 

added value provided by the offeror as related to the work 

to be performed by the proposed subcontractor(s)? 

47. ......................................................... Does the proposal identify the location and point of contact 

for any certified cost or pricing data referenced in, but not 

provided with, the proposal? 

(End of provision) 

[FR Doc. 2011–30907 Filed 12–1–11; 8:45 am] 

BILLING CODE 5001–06–P 


srobinson on DSK4SPTVN1PROD with PROPOSALS