Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 21849 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

5. Add section 252.204–70XX to read 

as follows: 

252.204–70XX Alternative Line-Item 

Structure. 

As prescribed in 204.7109(b), insert 

the following provision: 

ALTERNATIVE LINE-ITEM 

STRUCTURE (DATE) 

(a) Line items are the basic structural 

elements in a solicitation or contract that 

provide for the organization of contract 

requirements to facilitate pricing, delivery, 

inspection, acceptance and payment. Line 

items are organized into contract line items, 

subline items, and exhibit line items. 

Separate line items should be established to 

account for separate pricing, identification 

(see DFARS 211.274), deliveries, or funding. 

The Government recognizes that the line item 

structure in this solicitation may not conform 

to every offeror’s practices. Failure to correct 

these issues can result in difficulties in 

accounting for deliveries and processing 

payments. Therefore, offerors are invited to 

propose an alternative line item structure for 

items on which bids, proposals, or quotes are 

requested in this solicitation to ensure that 

the resulting contract structure is 

economically and administratively 

advantageous to the Government and the 

Contractor. 

(b) If an alternative line-item structure is 

proposed, the structure must be consistent 

with DFARS 204.71 and PGI 204.71. A 

sample line-item structure and a proposed 

alternative structure are as follows: 

Solicitation 

Item No. Supplies/service Quantity Unit Unit price Amount 

0001 ............. Computer, Desktop with CPU, Monitor, Keyboard and Mouse ....................... 20 EA ... .................... ....................

Alternative line-item structure offer where 

monitors are shipped separately. 

Item 

No. Supplies/service Quantity Unit Unit price Amount 

0001 Computer, Desktop with CPU, Keyboard and Mouse .................................................. 20 EA ... .................... ....................

0002 Monitor .......................................................................................................................... 20 EA ... .................... ....................

(End of provision)] 

[FR Doc. 2011–8966 Filed 4–18–11; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 213 

RIN 0750–AH07 

Defense Federal Acquisition 

Regulation Supplement; Ships 

Bunkers Easy Acquisition (SEA) Card®

and Aircraft Ground Services (DFARS 

Case 2009–D019) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

allow the use of U.S. Government fuel 

cards in lieu of a Purchase OrderInvoice-Voucher for fuel, oil, and 

refueling-related items for purchases not 

exceeding the simplified acquisition 

threshold. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before June 

20, 2011, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2009–D019, 

using any of the following methods: 

• Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

inputting ‘‘DFARS Case 2009–D019’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2009– 

D019.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2009– 

D019’’ on your attached document. 

Follow the instructions for submitting 

comments. 

E-mail: dfars@osd.mil. Include 

DFARS Case 2009–D019 in the subject 

line of the message. 

Fax: 703–602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. 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– 

1014. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The military services and the U.S. 

Coast Guard have small vessels that 

must procure fuel away from their home 

stations. Due to their smaller size and 

unique mission requirements, these 

vessels are unable to use the Defense 

Energy Support Center (DESC) bunkers 

contracts at major seaports. Previously, 

DFARS 213.306(a)(1)(A) authorized only 

the use of the Aviation Into-plane 

Reimbursement (AIR) Card® up to the 

simplified acquisition threshold 

specifically for aviation fuel and oil. 

Refueling stops often include other 

ground refueling-related services that 

exceed the micro-purchase threshold. 

Due to port restrictions on vessel 

movements, bunkering merchants do 

not typically provide support to smaller 

vessels. These smaller vessels frequent 

‘‘marina-type merchants.’’ These small 

vessels fulfill valid mission needs in 

direct support of national security. 

Unlike larger vessels with more 

predictable movements, small vessels’ 

needs are often unpredictable and farreaching geographically. 

DoD proposes to add language at 

DFARS section 213.306(a)(1)(A) to 

include purchases of marine fuel, oil, 

and refueling-related items using the 

Ships Bunkers Easy Acquisition (SEA) 


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21850 Federal Register / Vol. 76, No. 75 / Tuesday, April 19, 2011 / Proposed Rules 

Card® in lieu of the SF 44, Purchase 

Order-Invoice-Voucher, up to the 

simplified acquisition threshold. 

Additionally, this section is revised to 

include additional ground refuelingrelated services when using the AIR 

Card®. These changes for use of the AIR 

Card® and SEA Card® will improve the 

refueling capability of aircraft and 

smaller vessels at non-contract 

locations. 

II. Executive Order 12866 and 

Executive Order 13563 

Executive Orders 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). Executive Order 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 Executive Order 

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., because the rule does not have 

a significant effect beyond DoD’s 

internal operating procedures, 

substituting use of a fuel card for the SF 

44. However, an Initial Regulatory 

Flexibility Analysis has been prepared 

and is summarized as follows. 

This is a proposed rule to revise the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) at 213 to allow 

the use of U.S. Government fuel cards 

in lieu of a Purchase Order-InvoiceVoucher for fuel, oil, and refuelingrelated items for purchases not 

exceeding the simplified acquisition 

threshold. The rule facilitates open 

market purchases and will not have a 

significant cost or administrative impact 

on contractors, subcontractors, or 

offerors. 

The objective of this rule is to amend 

the DFARS at 213.306(a)(1)(A) to (1) 

permit the purchase of marine fuel 

using the Ships’ bunkers Easy 

Acquisition (SEA) Card® in lieu of the 

SF44, Purchase Order-Invoice-Voucher, 

up to the simplified acquisition 

threshold and (2) provide additional 

ground refueling-related services when 

using the AIR Card®. 

Purchases of aviation fuel are on-thespot, over the counter transactions (‘‘gas 

and go’’), but generally exceed the 

micro-purchase threshold due to the 

price of aviation fuel and oil fuel tank 

capacities. Accordingly, the threshold 

for SF44/AIR Card® purchases of fuel 

and oil was set at the simplified 

acquisition threshold (SAT) (at DFARS 

213.306(1)(1)(A)) under DFARS Case 

2007–D017 (final rule effective date 

February 12, 2007). 

The military services and the U.S. 

Coast Guard have small vessels that 

fulfill valid mission needs in direct 

support of national security. Unlike 

larger vessels, small vessels’ movements 

and needs are often unpredictable. 

These small vessels must procure fuel 

away from their home stations, but 

because of their smaller size and unique 

mission requirements are unable to use 

the Defense Logistics Agency energy 

bunkers contracts available at major 

seaports. Due to port restrictions, 

bunkering merchants do not typically 

provide support to smaller vessels. 

Instead, these smaller vessels frequent 

non-contract merchants or ‘‘marina-type 

merchants’’ that otherwise serve civilian 

recreational watercraft and similar 

needs. 

Under final DFARS Case 2006–D017, 

DoD established the threshold for 

purchases of the AIR Card® as an 

electronic replacement for the SF44. 

Presently, DFARS 213.306(a)(1)(A) 

authorizes only the use of the Aviation 

Into-plane Reimbursement (AIR) Card®

up to the simplified acquisition 

threshold to procure aviation fuel and 

oil. However, refueling stops often 

include other required ground refuelingrelated services that exceed the micropurchase threshold. The proposed 

changes to DFARS subpart 213.306 will 

permit use of the fuel cards up to the 

simplified acquisition threshold for 

other ground refueling-related services 

and for smaller Navy, Coast Guard, and 

Army (to include Corp of Engineers) 

vessels to procure marine fuel while 

away from their home station. 

Approximately 80% of ‘‘marina-type 

merchants’’ are considered small 

businesses. Marina-type merchants 

accepting the SEA Card® will pay a 

normal fee to the banking institution or 

processing center, similar to VISA 

charges these merchants incur from 

other credit card clients. In addition, 

merchants are expected to benefit from 

accelerated payments, since they will be 

paid by the banking institution in 

accordance with their merchant 

agreement. The rule facilitates open 

market purchases, benefits merchants by 

making it much easier for merchants to 

do business with the military and will 

not have a significant cost or 

administrative impact on contractors, 

subcontractors, or offerors. 

DoD does not expect this 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., 

because the rule does not have a 

significant effect beyond DoD’s internal 

operating procedures, substituting the 

use of a fuel card (AIR Card® and SEA 

Card®) in lieu of the SF44, Purchase 

Order-Invoice-Voucher. 

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 2009–D019) 

in correspondence. 

IV. Paperwork Reduction Act 

This rule does not contain any 

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). 

List of Subjects in 48 CFR Part 213 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 213 is 

proposed to be amended as follows: 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

1. The authority citation for 48 CFR 

part 213 continues to read as follows: 

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

chapter 1. 

2. In section 213.306, revise paragraph 

(a)(1)(A) to read as follows: 

213.306 SF44, Purchase Order-InvoiceVoucher. 

(a)(1) * * * 

(A) Fuel and oil. U.S. Government 

fuel cards may be used in lieu of an 

SF44 for fuel, oil, and authorized 

refueling-related items (see PGI 213.306 

for procedures on use of fuel cards); 

* * * * * 

[FR Doc. 2011–8959 Filed 4–18–11; 8:45 am] 

BILLING CODE 5001–08–P 


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