3536 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

(Catalog of Federal Domestic Assistance No. 

97.022, ‘‘Flood Insurance.’’) 

Dated: January 11, 2011. 

Edward L. Connor, 

Acting Federal Insurance and Mitigation 

Administrator, Mitigation, Department of 

Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2011–1060 Filed 1–19–11; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 216, 219, 225, 227, 233, 

245, 249, and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

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: January 20, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette Shelkin, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 703–602–0311; 

facsimile 703–602–0350. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

Æ 216.504. Adds a paragraph 

inadvertently omitted from an interim 

rule published at 75 FR 40716 on July 

13, 2010. 

Æ Subpart 219.3. Adds new subpart 

with language to direct contracting 

officers to additional procedures and 

guidance. 

Æ 225.7503. Thresholds are updated 

(see 75 FR 45072, August 2, 2010, 

DFARS Case 2009–D003) and minor 

corrections to inconsistencies in 

prescription of clause alternates. 

Æ 227.7004. Correct the format of the 

list of offices to contact. 

Æ 227.7203–5. Grammar is corrected 

and commas added for clarity. 

Æ 227.7203–6, 227.7204. Corrects the 

name of the Small Business Innovation 

Research Program referenced in these 

sections. 

Æ 227.7203–14. Corrects reference to 

DFARS 246.7. 

Æ Subpart 233.1. Adds new subpart 

with language to direct contracting 

officers to additional procedures and 

guidance. 

Æ 245.1, 245.2, and 245.4. Adds 

language in subpart 245.1 and adds two 

new subparts to direct contracting 

officers to additional Government 

property procedures and guidance. 

Æ 249.7000. Updates the reference to 

the Canadian Supply Manual for 

terminations for convenience. 

Æ 252.212–7001. Corrects a clause 

number in (b)(11)(iii) and reverses the 

order of two clauses in paragraphs (c)(1) 

and (2). 

Æ 252.219–7004. Updates thresholds 

(see 75 FR 45072, August 2, 2010, 

DFARS Case 2009–D003). 

Æ 252.225–7009. Changes an 

incorrect numerical reference. 

Æ 252.227.7016; 252.227–7017; 

252.227–7018; and 252.227–7025. 

Corrects the name of the Small Business 

Innovation Research Program where 

incorrectly referenced as the ‘‘Small 

Business Innovative Research Program.’’ 

List of Subjects in 48 CFR Parts 216, 

219, 225, 227, 233, 245, 249, and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 216, 219, 225, 

227, 233, 245, 249, and 252 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 216, 219, 225, 227, 233, 245, 249, 

and 252 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

chapter 1. 

PART 216—TYPES OF CONTRACTS 

■ 2. Section 216.504 is amended to add 

paragraph (c)(1)(ii)(D)(3) to read as 

follows: 

216.504 Indefinite-quantity contracts. 

(c)(1)(ii)(D) * * * 

(3) A copy of any determination made 

in accordance with FAR 

16.504(c)(1)(ii)(D) shall be submitted to: 

Deputy Director, Defense Procurement 

(Contract Policy and International 

Contracting), OUSD (AT&L) DPAP 

(CPIC), 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 3. Subpart 219.3 is added to read as 

follows: 

Subpart 219.3 Determination of Small 

Business Status for Small Business 

Programs 

Sec. 

219.303 Determining North American 

Industry Classification System (NAICS) 

codes and size standards. 

Subpart 219.3 Determination of Small 

Business Status for Small Business 

Programs 

219.303 Determining North American 

Industry Classification System (NAICS) 

codes and size standards. 

Contracting officers shall follow the 

procedures for ‘‘Correctly Identifying 

Size Status of Contractors’’ in the OUSD 

(AT&L) DPAP memorandum dated July 

21, 2010. 

PART 225—FOREIGN ACQUISITION 

■ 4. Section 225.7503 is amended by 

revising paragraph (b) to read as follows: 

225.7503 Contract clauses. 

* * * * * 

(b)(1) Use the clause at 252.225–7045, 

Balance of Payments Program— 

Construction Material Under Trade 

Agreements, in solicitations and 

contracts for construction to be 

performed outside the United States 

with a value of $7,804,000 or more. 

(2) For acquisitions with a value of 

$7,804,000 or more, but less than 

$9,110,318, use the clause with its 

Alternate I, unless the acquisition is in 

support of operations in Afghanistan. 

(3) If the acquisition is for 

construction with a value of $9,110,318 

or more and is in support of operations 

in Afghanistan, use the clause with its 

Alternate II. 

(4) If the acquisition is for 

construction with a value of $7,804,000 

or more, but less than $9,110,318, and 

is in support of operations in 

Afghanistan, use the clause with its 

Alternate III. 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

■ 5. Section 227.7004 is amended by 

revising paragraph (c) to read as follows: 

227.7004 Requirements for filing an 

administrative claim for patent 

infringement. 

* * * * * 

(c) Any department receiving an 

allegation of patent infringement which 

meets the requirements of this 

paragraph shall acknowledge the same 

and supply the other departments that 

may have an interest therein with a 

copy of such communication and the 

acknowledgement thereof. 

(1) For the Department of the Army— 

Chief, Patents, Copyrights, and 

Trademarks Division, U.S. Army Legal 

Services Agency; 


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Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 3537 

(2) For the Department of the Navy— 

the Patent Counsel for Navy, Office of 

Naval Research; 

(3) For the Department of the Air 

Force—Chief, Patents Division, Office of 

the Judge Advocate General; 

(4) For the Defense Logistics 

Agency—the Office of Counsel; 

(5) For the National Security 

Agency—the General Counsel; 

(6) For the Defense Information 

Systems Agency—the Counsel; 

(7) For the Defense Threat Reduction 

Agency—the General Counsel; and 

(8) For the National GeospatialIntelligence Agency—the Counsel. 

* * * * * 

■ 6. Section 227.7203–5 is amended by 

revising paragraph (c)(1), to read as 

follows: 

227.7203–5 Government rights. 

* * * * * 

(c) * * * 

(1) The Government obtains restricted 

rights in noncommercial computer 

software, required to be delivered or 

otherwise provided to the Government 

under a contract, that was developed 

exclusively at private expense. 

* * * * * 

227.7203–6 [Amended] 

■ 7. Section 227.7203–6 is amended in 

paragraph (a)(1) by removing 

‘‘Innovative’’ and adding in its place 

‘‘Innovation’’. 

227.7203–14 [Amended] 

■ 8. Section 227.7204 is amended in 

paragraph (b)(2)(i) by removing 

‘‘246.770’’ and adding in its place 

‘‘246.7’’. 

227.7204 [Amended] 

■ 9. Section 227.7204 is amended by 

removing ‘‘Innovative’’ and adding in its 

place ‘‘Innovation’’ in the heading and in 

the text. 

PART 233—PROTESTS, DISPUTES, 

AND APPEALS 

■ 10. Subpart 233.1 is added to read as 

follows: 

Subpart 233.1—Protests 

Sec. 

233.170 Briefing requirement for protested 

acquisitions valued at $1 billion or more. 

Subpart 233.1—Protests 

233.170 Briefing requirement for protested 

acquisitions valued at $1 billion or more. 

Follow the procedures at PGI 233.170 

for briefing protested acquisitions 

valued at $1 billion or more. 

PART 245—GOVERNMENT PROPERTY 

■ 11. Section 245.102 is amended by 

adding introductory text to read as 

follows: 

245.102 Policy. 

(See the policy guidance at PGI 

245.102–70.) 

* * * * * 

■ 12. Section 245.103 is added to read 

as follows: 

245.103 General. 

(1) Follow the procedures at PGI 

245.103–70 for furnishing Government 

property to contractors. 

(2) Follow the procedures at PGI 

245.103–71 for transferring Government 

property accountability. 

■ 13. Subpart 245.2 is added to read as 

follows: 

Subpart 245.2—Solicitation and Evaluation 

Procedures 

Sec. 

245.201 Solicitation. 

245.201–70 Definitions. 

245.201–71 GFP attachments to 

solicitations and awards. 

245.201–72 Contracting office 

responsibilities. 

245.201–73 Security classification. 

Subpart 245.2—Solicitation and 

Evaluation Procedures 

245.201 Solicitation. 

245.201–70 Definitions. 

See the definitions at PGI 245.201–70. 

245.201–71 GFP attachments to 

solicitations and awards. 

See PGI 245.201–71 for procedures for 

preparing GFP attachments to 

solicitations and awards. 

245.201–72 Contracting office 

responsibilities. 

See PGI 245.201–72 for contracting 

office responsibilities. 

245.201–73 Security classification. 

Follow the procedures at PGI 

245.201–73 for security classification. 

■ 14. Subpart 245.4 is added to read as 

follows: 

Subpart 245.4—Title to Government 

Property 

Sec. 

245.402 Title to contractor-acquired 

property. 

245.402–70 Policy. 

245.402–71 Delivery of contractor-acquired 

property. 

Subpart 245.4—Title to Government 

Property 

245.402 Title to contractor-acquired 

property. 

245.402–70 Policy. 

Review the guidance and follow the 

procedures at PGI 245.402–70 with 

regard to recording and financial/ 

accounting treatment of contractoracquired property. 

245.402–71 Delivery of contractoracquired property. 

Follow the procedures at PGI 

245.402–71 for the delivery of 

contractor-acquired property. 

PART 249—TERMINATION OF 

CONTRACTS 

■ 15. Section 249.7000, paragraph (a)(3), 

is revised to read as follows: 

249.7000 Terminated contracts with 

Canadian Commercial Corporation. 

(a) * * * 

(3) The Canadian Supply Manual, 

Chapter 8, Annex 8.3, available at 

http://www.tpsgc-pwgsc.gc.ca/app-acq/ 

ga-sm/index-eng.html, ‘‘Termination for 

Convenience Process, Public Works and 

Government Services Canada.’’ 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 16. Section 252.212–7001 is amended 

by: 

■ a. Amending the clause date by 

removing ‘‘(DEC 2010)’’ and adding in its 

place ‘‘(JAN 2011)’’; 

■ b. Amending paragraph (b)(11)(iii) by 

removing ‘‘252.225–7001’’ and adding in 

its place ‘‘252.225–7021’’; and 

■ c. Removing paragraph (c)(1); 

redesignating paragraph (c)(2) as 

paragraph (c)(1); and adding a new 

paragraph (c)(2) to read as follows: 

252.212–7001 Contract terms and 

conditions required to implement statutes 

or Executive orders applicable to Defense 

acquisitions of commercial items. 

* * * * * 

(c) * * * 

(2) 252.237–7019, Training for 

Contractor Personnel Interacting with 

Detainees (SEP 2006) (Section 1092 of 

Public Law 108–375). 

* * * * * 

■ 17. Section 252.219–7004 is revised to 

read as follows: 

252.219–7004 Small business 

subcontracting plan (test program). 

As prescribed in 219.708(b)(1)(B), use 

the following clause: 


jlentini on DSKJ8SOYB1PROD with RULES
3538 Federal Register / Vol. 76, No. 13 / Thursday, January 20, 2011 / Rules and Regulations 

SMALL BUSINESS 

SUBCONTRACTING PLAN (TEST 

PROGRAM) (JAN 2011) 

(a) Definitions. 

Electronic Subcontracting Reporting 

System (eSRS) means the Governmentwide, 

electronic, Web-based system for small 

business subcontracting program reporting. 

The eSRS is located at http://www.esrs.gov. 

Subcontract, as used in this clause, means 

any agreement (other than one involving an 

employer-employee relationship) entered 

into by a Federal Government prime 

Contractor or subcontractor calling for 

supplies or services required for performance 

of the contract or subcontract. 

(b) The Contractor’s comprehensive small 

business subcontracting plan and its 

successors, which are authorized by and 

approved under the test program of section 

834 of Pub. L. 101–189, as amended, shall be 

included in and made a part of this contract. 

Upon expulsion from the test program or 

expiration of the test program, the Contractor 

shall negotiate an individual subcontracting 

plan for all future contracts that meet the 

requirements of section 211 of Public Law 

95–507. 

(c) The Contractor shall— 

(1) Ensure that subcontractors with 

subcontracting plans agree to submit an 

Individual Subcontract Report (ISR) and/or 

Summary Subcontract Report (SSR) using the 

Electronic Subcontracting Reporting System 

(eSRS). 

(2) Provide its contract number, its DUNS 

number, and the e-mail address of the 

Contractor’s official responsible for 

acknowledging or rejecting the ISR to all 

first-tier subcontractors, who will be required 

to submit ISRs, so they can enter this 

information into the eSRS when submitting 

their reports. 

(3) Require that each subcontractor with a 

subcontracting plan provide the prime 

contract number, its own DUNS number, and 

the e-mail address of the subcontractor’s 

official responsible for acknowledging or 

rejecting the ISRs to its subcontractors with 

subcontracting plans who will be required to 

submit ISRs. 

(4) Acknowledge receipt or reject all ISRs 

submitted by its subcontractors using eSRS. 

(d) The Contractor shall submit SSRs using 

eSRS at http://www.esrs.gov. The reports 

shall provide information on subcontract 

awards to small business concerns, veteranowned small business concerns, servicedisabled veteran-owned small business 

concerns, HUBZone small business concerns, 

small disadvantaged business concerns, 

women-owned small business concerns, and 

Historically Black Colleges and Universities 

and Minority Institutions. Purchases from a 

corporation, company, or subdivision that is 

an affiliate of the prime Contractor or 

subcontractor are not included in these 

reports. Subcontract award data reported by 

prime contractors and subcontractors shall be 

limited to awards made to their immediate 

next-tier subcontractors. Credit cannot be 

taken for awards made to lower-tier 

subcontractors unless the Contractor or 

subcontractor has been designated to receive 

a small business or small disadvantaged 

business credit from a member firm of the 

Alaska Native Corporations or an Indian 

tribe. Only subcontracts involving 

performance in the U.S. or its outlying areas 

should be included in these reports. 

(1) This report may be submitted on a 

corporate, company, or subdivision (e.g., 

plant or division operating as a separate 

profit center) basis, as negotiated in the 

comprehensive subcontracting plan with the 

Defense Contract Management Agency. 

(2) This report encompasses all 

subcontracting under prime contracts and 

subcontracts with the Department of Defense, 

regardless of the dollar value of the 

subcontracts, and is based on the negotiated 

comprehensive subcontracting plan. 

(3) The report shall be submitted semiannually for the six months ending March 31 

and the twelve months ending September 30. 

Reports are due 30 days after the close of 

each reporting period. 

(4) The authority to receipt or reject the 

SSR resides with the Comprehensive 

Subcontracting Program Division, the 

Defense Contract Management Agency Small 

Business Center. 

(e) All reports submitted at the close of 

each fiscal year shall include a Year-End 

Supplementary Report for Small 

Disadvantaged Businesses. The report shall 

include subcontract awards, in whole dollars, 

to small disadvantaged business concerns by 

North American Industry Classification 

System (NAICS) Industry Subsector. If the 

data are not available when the year-end SSR 

is submitted, the prime Contractor and/or 

subcontractor shall submit the Year-End 

Supplementary Report for Small 

Disadvantaged Businesses within 90 days of 

submitting the year-end SSR. The authority 

to acknowledge receipt or reject the year-end 

report resides with the Comprehensive 

Subcontracting Program Division, the 

Defense Contract Management Agency Small 

Business Center. 

(f) The failure of the Contractor or 

subcontractor to comply in good faith with 

the clause of this contract entitled 

‘‘Utilization of Small Business Concerns,’’ or 

an approved plan required by this clause, 

shall be a material breach of the contract. 

(g) The Contractor shall include, in 

contracts that offer subcontracting 

possibilities, are expected to exceed $650,000 

($1.5 million for construction of any public 

facility), and are required to include the 

clause at 52.219–8, Utilization of Small 

Business Concerns— 

(1) FAR 52.219–9, Small Business 

Subcontracting Plan, and 252.219–7003 

Small Business Subcontracting Plan (DoD 

Contracts), when the Contracting Officer has 

included these clauses in the contract for 

purposes of flowdown to subcontractors, or 

(2) 52.219–9, Small Business 

Subcontracting Plan, with its Alternate III, 

and 252.219–7003, Small Business 

Subcontracting Plan (DoD Contracts), with its 

Alternate I, when the Contracting Officer has 

included these clauses in the contract for 

flowdown to subcontractors to allow for 

submission of SF 294s in lieu of ISRs, or 

(3) 252.219–7004, Small Business 

Subcontracting Plan (Test Program), in 

subcontracts with subcontractors that 

participate in the test program described in 

DFARS 219.702. 

(End of clause) 

■ 18. Section 252.225–7009 is amended 

by revising the clause date, and revising 

paragraph (a)(10) to read as follows: 

252.225–7009 Restriction on Acqusition of 

Certain Articles Containing Specialty 

Metals. 

* * * * * 

RESTRICTION ON ACQUISITION OF 

CERTAIN ARTICLES CONTAINING 

SPECIALTY METALS (JAN 2011) 

(a) * * * 

(10) Qualifying country means any country 

listed in the definition of ‘‘Qualifying 

country’’ at 225.003 of the Defense Federal 

Acquisition Regulation Supplement 

(DFARS). 

* * * * * 

252.227–7016 [Amended] 

■ 19. Section 252.227–7016 is amended 

by: 

■ a. Amending the clause date by 

removing ‘‘(JUN 1995)’’ and adding in its 

place ‘‘(JAN 2011)’’; and 

■ b. Removing the term ‘‘Innovative’’ 

wherever it occurs in paragraphs (a)(1), 

(a)(2), and (c)(2) and adding in its place 

the term ‘‘Innovation’’. 

252.227–7017 [Amended] 

■ 20. Section 252.227–7017 is amended 

by: 

■ a. Amending the clause date by 

removing ‘‘(JUN 1995)’’ and adding in its 

place ‘‘(JAN 2011)’’; and 

■ b. Removing the term ‘‘Innovative’’ 

wherever it occurs in paragraphs (a)(1), 

(a)(2), and (b) and adding in its place the 

term ‘‘Innovation’’. 

252.227–7018 [Amended] 

■ 21. Section 252.227–7018 is amended 

by: 

■ a. Amending the clause date by 

removing ‘‘(JUN 1995)’’ and adding in its 

place ‘‘(JAN 2011)’’; and 

■ b. Removing the term ‘‘Innovative’’ 

wherever it occurs in paragraphs (f)(2) 

through (f)(4) and adding in its place the 

term ‘‘Innovation’’. 

252.227–7025 [Amended] 

■ 22. Section 252.227–7025 is amended 

by: 

■ a. Amending the clause date by 

removing ‘‘(JUN 1995)’’ and adding in its 

place ‘‘(JAN 2011)’’; and 

■ b. Removing the term ‘‘Innovative’’ 

wherever it occurs in paragraph (a)(3) 

and adding in its place the term 

‘‘Innovation’’. 

[FR Doc. 2011–822 Filed 1–19–11; 8:45 am] 

BILLING CODE 5001–08–P 


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