20598 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Proposed Rules 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law 

104–113, 12(d) (15 U.S.C. 272), directs 

the EPA to use voluntary consensus 

standards in its regulatory activities 

unless to do so would be inconsistent 

with applicable law or otherwise 

impractical. Voluntary consensus 

standards are technical standards (e.g., 

materials specifications, test methods, 

sampling procedures, and business 

practices) that are developed or adopted 

by voluntary consensus bodies. The 

NTTAA directs the EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. This proposed 

action includes environmental 

monitoring and measurement as 

described in EPA’s proposed SMMP. 

The EPA will not require the use of 

specific, prescribed analytic methods for 

monitoring and managing the 

designated Sites. The Agency plans to 

allow the use of any method, whether it 

constitutes a voluntary consensus 

standard or not, that meets the 

monitoring and measurement criteria 

discussed in the proposed SMMP. The 

EPA welcomes comments on this aspect 

of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable 

voluntary consensus standards and to 

explain why such standards should be 

used in this proposed action. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Executive Order 12898 (59 FR 7629) 

establishes federal executive policy on 

environmental justice. Its main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. The 

EPA determined that this proposed rule 

will not have disproportionately high 

and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment. The EPA has assessed the 

overall protectiveness of designating the 

disposal Sites against the criteria 

established pursuant to the MPRSA to 

ensure that any adverse impact to the 

environment will be mitigated to the 

greatest extent practicable. We welcome 

comments on this proposed action 

related to this Executive Order. 

List of Subjects in 40 CFR Part 228 

Environmental protection, Water 

pollution control. 

Authority: This action is issued under the 

authority of Section 102 of the Marine 

Protection, Research, and Sanctuaries Act, as 

amended, 33 U.S.C. 1401, 1411, 1412. 

Dated: March 20, 2012. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set out in the 

preamble, The EPA proposes to amend 

chapter I, title 40 of the Code of Federal 

Regulations as follows: 

PART 228—[AMENDED] 

1. The authority citation for Part 228 

continues to read as follows: 

Authority: 33 U.S.C. 1412 and 1418. 

2. Section 228.15 is amended by 

adding paragraph (n)(15) to read as 

follows: 

§ 228.15 Dumping sites designated on a 

final basis. 

* * * * * 

(n) * * * 

(15) Yaquina Bay, OR—North and 

South Ocean Dredged Material Disposal 

Sites. 

(i) North Site. 

(A) Location: 44°38′17.98′′ N, 

124°07′25.95′′ W, 44°38′12.86′′ N, 

124°06′31.10′′ W, 44°37′14.33′′ N, 

124°07′37.57′′ W, 44°37′09.22′′ N, 

124°06′42.73′′ W. 

(B) Size: Approximately 1.07 nautical 

miles long and 0.66 nautical miles wide 

(0.71 square nautical miles); 597 acres 

(242 hectares). 

(C) Depth: Ranges from 

approximately112 to 152 feet (34 to 46 

meters). 

(D) Primary Use: Dredged material. 

(E) Period of Use: Continuing use. 

(F) Restrictions: (1) Disposal shall be 

limited to dredged material determined 

to be suitable for ocean disposal 

according to 40 CFR 227.13 from the 

Yaquina Bay and River navigation 

channel and adjacent areas; 

(2) Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(3) Monitoring, as specified in the 

SMMP, is required. 

(ii) South Site 

(A) Location: 44°36′04.50′′ N, 

124°07′52.66′′ W, 44°35′59.39′′ N, 

124°06′57.84′′ W, 44°35′00.85′′ N, 

124°08′04.27′′ W, 44°34′55.75′′ N, 

124°07′09.47′′ W. 

(B) Size: Approximately 1.07 nautical 

miles long and 0.66 nautical miles wide 

(0.71 square nautical miles); 597 acres 

(242 hectares). 

(C) Depth: Ranges from approximately 

112 to 152 feet (34 to 46 meters). 

(D) Primary Use: Dredged material. 

(E) Period of Use: Continuing use. 

(F) Restrictions: (1) Disposal shall be 

limited to dredged material determined 

to be suitable for ocean disposal 

according to 40 CFR 227.13, from the 

Yaquina Bay and River navigation 

channel and adjacent areas; 

(2) Disposal shall be managed by the 

restrictions and requirements contained 

in the currently-approved Site 

Management and Monitoring Plan 

(SMMP); 

(3) Monitoring, as specified in the 

SMMP, is required. 

[FR Doc. 2012–8193 Filed 4–4–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 205, 209, 211, 

212, 219, 225, 226, 227, 232, 237, 243, 

244, 246, 247, and 252 

[DFARS Case 2011–D056] 

RIN 0750–AH63 

Defense Federal Acquisition 

Regulation Supplement: Solicitation 

Provisions and Contract Clauses for 

Acquisitions of Commercial Items 

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 

simplify prescriptions for provisions 

and clauses that are applicable to the 

acquisition of commercial items and to 

specify flowdown of clauses to 

commercial subcontracts. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before June 

4, 2012, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2011–D056, 

using any of the following methods: 


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Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2011–D056’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2011– 

D056.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D056’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2011–D056 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Dr. Laura 

Welsh, 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: Dr. 

Laura Welsh, telephone 571–372–6091. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to support the use of automated contract 

writing systems. The clause at DFARS 

252.212–7001, Contract Terms and 

Conditions Required to Implement 

Statutes or Executive Orders Applicable 

to Defense Acquisitions of Commercial 

Items, requires the contracting officer to 

‘‘check a box’’ to identify the clauses 

that are applicable to each commercial 

item acquisition. This requirement is 

not compatible with most automated 

contract writing systems. Section 8002 

of the Federal Acquisition Streamlining 

Act of 1994 (Pub. L. 103–355) requires 

that the regulations shall contain a list 

of contract clauses to be included in 

contracts for the acquisition of 

commercial end items. Each time a 

clause or clause alternate is added, DoD 

must consider whether the clause or 

clause alternate will be applicable to 

commercial items. The law does not 

require that this list be in the form of a 

clause, requiring clause dates for each 

applicable clause that must be revised 

every time a clause on the list is 

modified. 

Furthermore, clause flowdown to 

commercial subcontracts is controlled 

by paragraph (c) of the clause 252.212– 

7001 for commercial contracts under 

FAR part 12 and clause 252.244–7000, 

Subcontracts for Commercial Items and 

Commercial Components (DoD 

Contracts). These lists of clauses that 

require flowdown to commercial 

subcontracts likewise require update 

every time a clause on the list is 

modified. 

II. Discussion and Analysis 

DoD proposes the following changes 

to facilitate the use of automated 

contract writing systems and reduce the 

need for constant update of clause dates 

on multiple lists. 

• Revise DFARS 212.301(f) to— 

—Provide a single list of all fifty-eight 

provisions and clauses that currently 

apply to DoD solicitations and 

contracts for the acquisition of 

commercial items. Where any 

provision or clause is included to 

implement statutes or executive 

orders that are applicable to defense 

acquisitions of commercial items, the 

particular statute or Executive order is 

identified following the location of 

the prescription for each provision or 

clause. All provisions and clauses 

currently listed in DFARS 212.301(f) 

that are applicable to DoD 

solicitations and contracts for the 

acquisition of commercial items are 

retained in the revised list. 

—Add DFARS provision 252.203–7005, 

Representation Relating to 

Compensation of Former DoD 

Officials. This provision’s application 

to the acquisition of commercial items 

was inadvertently omitted from case 

2010–D020 when the final rule was 

published on November 18, 2011 (76 

FR 71826). 

—Add the two provisions currently 

contained in DFARS provision 

252.212–7000, Offeror 

Representations and Certifications— 

Commericial Items. 

—Add one FAR clause and thirty-one 

DFARS clauses (inclusive of 

alternates) currently contained in 

DFARS clause 252.212–7001, Contract 

Terms and Conditions Required to 

Implement Statutes or Executive 

Orders Applicable to Defense 

Acquisitions of Commercial Items. 

—Add two DFARS provisions and two 

DFARS clauses in support of 

operations in Iraq or Afghanistan: 

provision 252.225–7022, Trade 

Agreements Certificate—Inclusion of 

Iraqi End Products; provision 

252.225–7023, Preference for Products 

or Services from Iraq or Afghanistan; 

clause 252.225–7024, Requirement for 

Products or Services from Iraq or 

Afghanistan; and clause 252.225– 

7026, Acquisition Restricted to 

Products or Services from Iraq or 

Afghanistan. These provisions’ and 

clauses’ application to the acquisition 

of commercial items in support of 

operations in Iraq or Afghanistan was 

inadvertently omitted from case 

2008–D002 when the final rule was 

published on April 8, 2010 (75 FR 

18035). 

—Add DFARS provision 252.225–7037, 

Evaluation of Offers for Air Circuit 

Breakers. This provision’s application 

to the acquisition of commercial items 

was inadvertently omitted from case 

2002–D009 when the final rule was 

published in the Federal Register on 

March 31, 2003 (68 FR 15616), with 

an effective date of April 30, 2003. 

This provision is the companion to 

DFARS clause 252.225–7038, 

Restriction on Acquisition of Air 

Circuit Breakers, which is currently 

listed at paragraph (b)(17) of DFARS 

clause 252.212–7001. 

—Revise clause 252.244–7000, 

Subcontracts for Commercial Items, to 

address the requirements regarding 

flow down of clauses to subcontracts 

of commercial items currently 

contained in paragraph (c) of clause 

252.212–7001. 

—Add DFARS clause 252.247–7025, 

Reflagging or Repair Work. This 

clause’s application to the acquisition 

of commercial items was 

inadvertently omitted from case 95– 

D712 for the commercial item 

implementation of the Federal 

Acquisition Streamlining Act of 1994 

(FASA) when the final rule was 

published in the Federal Register on 

November 1, 2001 (66 FR 55151). All 

other clauses contained in DFARS 

247.574 for ocean transportation by 

U.S.-flag vessels are listed as 

applicable to the defense acquisition 

of commercial items. Time charter 

acquisitions of vessels are commercial 

by their very nature. Further, 10 

U.S.C. 2631 is not listed in DFARS 

212.503(a) as a law not applicable to 

commercial contracts. 

—Add provision and clause alternates 

that are applicable to commercial 

items that were previously 

inadvertently omitted from either 

DFARS 212.301(f) or DFARS clause 

252.212–7001. Alternates were added 

as applicable to: Clause 252.219– 

7003, Small Business Subcontracting 

Plan; provision 252.225–7000, Buy 

American Act–Balance of Payments 

Program Certificate; provision 

252.225–7020, Trade Agreements 

Certificate; provision 252.225–7035, 

Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate; clause 252.227– 

7013, Rights in Technical Data— 


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Noncommercial Items; and clause 

252.227–7015, Technical Data— 

Commercial Items. 

—Delete DFARS provision 252.212– 

7000, Offeror Representations and 

Certifications—Commercial Items, 

and DFARS clause 252.212–7001, 

Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders Applicable to 

Defense Acquisitions of Commercial 

Items. These deletions support the use 

of automated contract writing 

systems. Rather than requiring the 

contracting officers to ‘‘check the 

applicable clauses,’’ the automated 

contract writing systems can be used 

to automatically select the applicable 

clauses, saving the DoD time and 

scarce resources. 

• Revise the prescriptions for each of 

the fifty-eight provisions and clauses, 

including alternates, in the revised list 

at DFARS 212.301(f) to indicate that 

they are specifically used in 

solicitations or contracts using FAR part 

12 procedures for the acquisition of 

commercial items. The phrase 

‘‘including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items’’ was 

used in lieu of a simpler phrase such as 

‘‘including commercial item 

solicitations and contracts’’ as FAR 

12.102(f) and (g) allow for the use of 

part 12 procedures for items that do not 

meet the definition of a commercial 

item defined at FAR 2.101. 

• Make technical corrections to— 

—The prescription at 232.908. 

—Provide the location of prescriptions 

for provisions and clauses for the 

following: 252.203–7000, 252.211– 

7003, and 252.227–7037. 

—Provide the locations of definitions 

missing in 247.571 and to provide the 

statutory citations missing in 247.572. 

• Revise DFARS clause 252.244– 

7000, Subcontracts for Commercial 

Items and Commercial Components 

(DoD Contracts), to indicate that the 

contractor is not required to flow down 

the terms of any DFARS clause in 

subcontracts for commercial items 

unless so specified in the particular 

clause. 

• Revise the last paragraph of the 

following clauses to state that the terms 

should flow down to subcontracts for 

commercial items: 252.211–7003; 

252.225–7009; 252.225–7039; 252.227– 

7013; 252.227–7015; 252.227–7037; 

252.236–7013; 252.237–7010; 252.237– 

7019; 252.246–7003; 252.247–7003; and 

252.247–7023. The list of clauses 

requiring flow down of clause terms to 

subcontracts for commercial items was 

obtained from paragraph (c) of DFARS 

clause 252.212–7001 and the list 

contained in the current DFARS clause 

252.244–7000, with the addition of 

clause 252.211–7003, which was 

previously inadvertently omitted from 

both lists in case 2003–D081 when the 

final rule was published in the Federal 

Register on April 22, 2005 (70 FR 

20831). However, clause 252.247–7024 

did not require revision as it already 

contained language specifically 

requiring flow down to subcontracts for 

commercial items. 

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 

rule is not a major rule under 5 U.S.C. 

804. 

IV. 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 aims to only 

change the appearance of how 

commercial provisions and clauses are 

presented within commercial 

acquisitions and there are no 

substantive changes. However, an initial 

regulatory flexibility analysis has been 

performed and is summarized as 

follows. 

The purpose of this case is to support 

the use of automated contract writing 

systems. The clause at DFARS 252.212– 

7001 requires the contracting officer to 

‘‘check a box’’ to identify the clauses 

that are applicable to each commercial 

item acquisition. Rather than requiring 

the contracting officers to ‘‘check the 

applicable clauses,’’ this proposed rule 

will allow automated contract writing 

systems to automatically select the 

applicable clauses, saving DoD time and 

scarce resources. 

Potential offerors, including small 

businesses, may be affected by this rule 

only to the extent of seeing an 

unfamiliar format for clauses in 

commercial item acquisitions issued by 

any DoD contracting activities that do 

not already currently deviate from the 

current DFARS requirement to ‘‘check a 

box.’’ There were 273,042 new 

contracts, agreements, and purchase 

orders awarded in Fiscal Year 2011 

using FAR part 12 procedures for the 

acquisition of commercial items, and 

71,950 of these actions (26.35%) were 

awarded to small businesses. It is 

unknown how many of these actions 

were awarded using a deviation from 

DFARS clause 252.212–7001. Nothing 

substantive will change in commercial 

acquisitions for potential offerors, and 

only the appearance of how applicable 

clauses are presented will be changed. 

This rule may result in potential 

offerors, including small businesses, 

expending more time to become familiar 

with and to understand the new clause 

format issued by any DoD contracting 

activities not presently operating under 

the existing deviation. The burden 

caused by this rule is expected to be 

minimal and will not be any greater on 

small businesses than it is on large 

businesses. 

This rule does not add any new 

information collection requirements. 

The information collection burden 

required by DFARS provisions 252.225– 

7022, Trade Agreements Certificate— 

Inclusion of Iraqi End Products, and 

252.225–7023, Preference for Products 

or Services from Iraq or Afghanistan, is 

already covered and approved under 

OMB Control Number 0704–0229 

entitled Foreign Acquisitions. These 

provisions are variants of the other 

existing foreign acquisition reporting 

burdens already used and covered for 

commercial acquisitions (excluding 

commercial information technology). 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

No alternatives were identified that 

will accomplish the objectives of the 

rule. 

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–D056), in 

correspondence. 

V. Paperwork Reduction Act 

This rule does not contain any new 

information collection requirements that 

require the approval of the Office of 

Management and Budget (OMB) under 

the Paperwork Reduction Act (44 U.S.C 

chapter 35). The commercial clauses 


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currently approved for use in 

commercial contracts, which may 

impose any information collection 

burden on contractors or any 

subcontractors, are already covered by 

an existing approved OMB clearance. 

The burdens for all existing commercial 

clauses are not changed in any way by 

this proposed rule. Two DFARS 

provisions, with an associated 

information collection burden, are 

newly identified by this rule as being 

applicable to acquisitions of commercial 

items: 252.225–7022, Trade Agreements 

Certificate—Inclusion of Iraqi End 

Products; and 252.225–7023, Preference 

for Products or Services from Iraq of 

Afghanistan. The information collection 

burdens associated with these two 

DFARS provisions are already fully 

covered and cleared under OMB Control 

Number 0704–0229 entitled Foreign 

Acquisitions. These two provisions are 

variants of the other existing foreign 

acquisition provisions with reporting 

burdens already in use and covered for 

commercial acquisitions (excluding 

commercial information technology). 

List of Subjects in 48 CFR Parts 203, 

204, 205, 209, 211, 212, 219, 225, 226, 

227, 232, 237, 243, 244, 246, 247, and 

252 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 203, 204, 205, 

209, 211, 212, 219, 225, 226, 227, 232, 

237, 243, 244, 246, 247, and 252 are 

proposed to be amended as follows: 

1. The authority citation for 48 CFR 

parts 203, 204, 205, 209, 211, 212, 219, 

225, 226, 227, 232, 237, 243, 244, 246, 

247, and 252 continues to read as 

follows: 

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

chapter 1. 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

2. Section 203.171–4 is revised to read 

as follows: 

203.171–4 Solicitation provision and 

contract clause. 

(a) Use the clause at 252.203–7000, 

Requirements Relating to Compensation 

of Former DoD Officials, in all 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. 

(b) Use the provision at 252.203–7005, 

Representation Relating to 

Compensation of Former DoD Officials, 

in all solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, including 

solicitations for task and delivery 

orders. 

3. Section 203.1004(a) is revised to 

read as follows: 

203.1004 Contract clauses. 

(a) Use the clause at 252.203–7003, 

Agency Office of the Inspector General, 

in solicitations and contracts that 

include the FAR clause 52.203–13, 

Contractor Code of Business Ethics and 

Conduct, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items. 

* * * * * 

PART 204—ADMINISTRATIVE 

MATTERS 

4. Section 204.7109(b) is revised to 

read as follows: 

204.7109 Solicitation provision and 

contract clause. 

* * * * * 

(b) Use the provision at 252.204–7011, 

Alternative Line Item Structure, in 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items or for initial 

provisioning spares. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

5. Section 205.470 is revised to read 

as follows: 

205.470 Contract clause. 

Use the clause at 252.205–7000, 

Provision of Information to Cooperative 

Agreement Holders, in solicitations and 

contracts expected to exceed 

$1,000,000, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items. 

This clause implements 10 U.S.C. 2416. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

6. Section 209.104–70(a) is revised to 

read as follows: 

209.104–70 Solicitation provisions. 

(a) Use the provision at 252.209–7001, 

Disclosure of Ownership or Control by 

the Government of a Terrorist Country, 

in all solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, expected to result in 

contracts of $150,000 or more. Any 

disclosure that the government of a 

terrorist country has a significant 

interest in an offeror or a subsidiary of 

an offeror shall be forwarded through 

agency channels to the address at 

209.104–1(g)(i)(C). 

* * * * * 

PART 211—DESCRIBING AGENCY 

NEEDS 

7. Section 211.274–6(a)(1) is revised 

to read as follows: 

211.274–6 Contract clauses. 

(a)(1) Use the clause at 252.211–7003, 

Item Identification and Valuation, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that— 

* * * * * 

8. Section 211.275–3 is revised to read 

as follows: 

211.275–3 Contract clause. 

Use the clause at 252.211–7006, 

Passive Radio Frequency Identification, 

in solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that will require 

shipment of items meeting the criteria at 

211.275–2, and complete paragraph 

(b)(1)(ii) of the clause as appropriate. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

9. Section 212.301 is revised to read 

as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) The following additional 

provisions and clauses apply to DoD 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. If the offeror has 

completed any of the following 

provisions listed in this paragraph 

electronically as part of its annual 

representations and certifications at 

https://www.acquisition.gov, the 

contracting officer shall consider this 

information instead of requiring the 

offeror to complete these provisions for 

a particular solicitation. 

(i) Use the FAR clause at 52.203–3, 

Gratuities, as prescribed in FAR 3.202, 

to comply with 10 U.S.C. 2207. 

(ii) Use the clause at 252.203–7000, 

Requirements Relating to Compensation 

of Former DoD Officials, as prescribed 

in 203.171–4(a), to comply with section 

847 of Public Law 110–181. 

(iii) Use the clause at 252.203–7003, 

Agency Office of the Inspector General, 

as prescribed in 203.1004(a), to comply 

with section 6101 of Public Law 110– 

252 and 41 U.S.C. 3509. 

(iv) Use the provision at 252.203– 

7005, Representation Relating to 


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Compensation of Former DoD Officials, 

as prescribed in 203.171–4(b). 

(v) Use the provision at 252.204–7011, 

Alternative Line Item Structure, as 

prescribed in 204.7109(b). 

(vi) Use the clause at 252.205–7000, 

Provision of Information to Cooperative 

Agreement Holders, as prescribed in 

205.470, to comply with 10 U.S.C. 2416. 

(vii) Use the provision at 252.209– 

7001, Disclosure of Ownership or 

Control by the Government of a 

Terrorist Country, as prescribed in 

209.104–70(a), to comply with 10 U.S.C 

2327(b). 

(viii) Use the clause at 252.211–7003, 

Item Identification and Valuation, as 

prescribed in 211.274–6(a). 

(ix) Use the provision at 252.211– 

7006, Passive Radio Frequency 

Identification, as prescribed in 211.275– 

3. 

(x) Use the clause at 252.219–7003, 

Small Business Subcontracting Plan 

(DoD Contracts), as prescribed in 

219.708(b)(1)(A)(1), to comply with 15 

U.S.C. 637. Use the clause with its 

Alternate I as prescribed in 

219.708(b)(1)(A)(2). 

(xi) Use the clause at 252.219–7004, 

Small Business Subcontracting Plan 

(Test Program), as prescribed in 

219.708(b)(1)(B), to comply with 15 

U.S.C. 637 note. 

(xii) Use the provision at 252.225– 

7000, Buy American Act—Balance of 

Payments Program Certificate, as 

prescribed in 225.1101(1)(i), to comply 

with 41 U.S.C. chapter 83 and Executive 

Order 10582 of December 17, 1954, 

Prescribing Uniform Procedures for 

Certain Determinations Under the BuyAmerican Act. Use the provision with 

its Alternate I as prescribed in 

225.1101(1)(ii). 

(xiii) Use the clause at 252.225–7001, 

Buy American Act and Balance of 

Payments Program, as prescribed in 

225.1101(2)(i), to comply with 41 U.S.C. 

chapter 83 and Executive Order 10582 

of December 17, 1954, Prescribing 

Uniform Procedures for Certain 

Determinations Under the BuyAmerican Act. Use the clause with its 

Alternate I as prescribed in 

225.1101(2)(ii). 

(xiv) Use the clause at 252.225–7008, 

Restriction on Acquisition of Specialty 

Metals, as prescribed in 225.7003– 

5(a)(1), to comply with 10 U.S.C. 2533b. 

(xv) Use the clause at 252.225–7009, 

Restriction on Acquisition of Certain 

Articles Containing Specialty Metals, as 

prescribed in 225.7003–5(a)(2), to 

comply with 10 U.S.C. 2533b. 

(xvi) Use the provision at 252.225– 

7010, Commercial Derivative Military 

Article—Specialty Metals Compliance 

Certificate, as prescribed in 225.7003– 

5(b), to comply with 10 U.S.C. 2533b. 

(xvii) Use the clause at 252.225–7012, 

Preference for Certain Domestic 

Commodities, as prescribed in 

225.7002–3(a), to comply with 10 U.S.C. 

2533a. 

(xviii) Use the clause at 252.225– 

7015, Restriction on Acquisition of 

Hand or Measuring Tools, as prescribed 

in 225.7002–3(b), to comply with 10 

U.S.C. 2533a. 

(xix) Use the clause at 252.225–7016, 

Restriction on Acquisition of Ball and 

Roller Bearings, as prescribed in 

225.7009–5, to comply with section 

8065 of Public Law 107–117 and the 

same restriction in subsequent DoD 

appropriations acts. 

(xx) Use the clause at 252.225–7017, 

Photovoltaic Devices, as prescribed in 

225.7017–4(a), to comply with section 

846 of Public Law 111–383. 

(xxi) Use the provision at 252.225– 

7018, Photovoltaic Devices—Certificate, 

as prescribed in 225.7017–4(b), to 

comply with section 846 of Public Law 

111–383. 

(xxii) Use the provision at 252.225– 

7020, Trade Agreements Certificate, as 

prescribed in 225.1101(5)(i), to comply 

with 19 U.S.C. 2501–2518 and 19 U.S.C. 

3301 note. Use the provision with its 

Alternate I as prescribed in 

225.1101(5)(ii), to comply with sections 

886 and 892 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxiii) Use the clause at 252.225– 

7021, Trade Agreements, as prescribed 

in 225.1101(6)(i), to comply with 19 

U.S.C. 2501–2518 and 19 U.S.C. 3301 

note. Use the clause with its Alternate 

I as prescribed in 225.1101(6)(ii), to 

comply with sections 886 and 892 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181). Use 

the clause with its Alternate II as 

prescribed in 225.1101(6)(iii). 

(xxiv) Use the provision at 252.225– 

7022, Trade Agreements Certificate— 

Inclusion of Iraqi End Products, as 

prescribed in 225.1101(7), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxv) Use the provision at 252.225– 

7023, Preference for Products or 

Services from Iraq or Afghanistan, as 

prescribed in 225.7703–5(a), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxvi) Use the clause at 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan, as prescribed 

in 225.7703–5(b), to comply with 

sections 886 and 892 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(xxvii) Use the clause at 252.225– 

7026, Acquisition Restricted to Products 

or Services from Iraq or Afghanistan, as 

prescribed in 225.7703–5(c), to comply 

with sections 886 and 892 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181). 

(xxviii) Use the clause at 252.225– 

7027, Restriction on Contingent Fees for 

Foreign Military Sales, as prescribed in 

225.7307(a), to comply with 22 U.S.C. 

2779. 

(xxix) Use the clause at 252.225–7028, 

Exclusionary Policies and Practices of 

Foreign Governments, as prescribed in 

225.7307(b), to comply with 22 U.S.C. 

2755. 

(xxx) Use the provision at 252.225– 

7031, Secondary Arab Boycott of Israel, 

as prescribed in 225.7605, to comply 

with 10 U.S.C. 2410i. 

(xxxi) Use the provision at 252.225– 

7035, Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate, as prescribed in 

225.1101(10)(i), to comply with 41 

U.S.C. chapter 83 and 19 U.S.C. 3301 

note. Use the provision with its 

Alternate I as prescribed in 

225.1101(10)(ii). Use the provision with 

its Alternate II as prescribed in 

225.1101(10)(iii). Use the provision with 

its Alternate III as prescribed in 

225.1101(10)(iv), to comply with 

sections 886 and 892 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(xxxii) Use the clause at 252.225– 

7036, Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program, as prescribed in 

225.1101(11)(i)(A), to comply with 41 

U.S.C. chapter 83 and 19 U.S.C. 3301 

note. Use the clause with its Alternate 

I as prescribed in 225.1101(11)(i)(B). 

Use the clause with its Alternate II as 

prescribed in 225.1101(11)(i)(A), to 

comply with sections 886 and 892 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181). Use 

the clause with its Alternate III as 

prescribed in 225.1101(11)(i)(B), to 

comply with sections 886 and 892 of the 

National Defense Authorization Act for 

Fiscal Year 2008 (Pub. L. 110–181). 

(xxxiii) Use the provision at 252.225– 

7037, Evaluation of Offers for Air 

Circuit Breakers, as prescribed in 

225.7006–4(a), to comply with 10 U.S.C. 

2534(a)(3) as amended by section 814 of 

the National Defense Authorization Act 

for Fiscal Year 1995 (Pub. L. 103–337) 

and section 4102(i) of the Federal 

Acquisition Streamlining Act of 1994 

(Pub. L. 103–355). 

(xxxiv) Use the clause at 252.225– 

7038, Restriction on Acquisition of Air 


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Circuit Breakers, as prescribed in 

225.7006–4(b), to comply with 10 U.S.C. 

2534(a)(3) as amended by section 814 of 

the National Defense Authorization Act 

for Fiscal Year 1995 (Pub. L. 103–337) 

and section 4102(i) of the Federal 

Acquisition Streamlining Act of 1994 

(Pub. L. 103–355). 

(xxxv) Use the clause at 252.225– 

7039, Contractors Performing Private 

Security Functions, as prescribed in 

225.370–6, to comply with section 862 

of Public Law 110–181, as amended by 

section 853 of Public Law 110–417 and 

sections 831 and 832 of Public Law 

111–383. 

(xxxvi) Use the clause at 252.225– 

7040, Contractor Personnel Authorized 

to Accompany U.S. Armed Forces 

Deployed Outside the United States, as 

prescribed in 225.7402–5(a). 

(xxxvii) Use the clause at 252.225– 

7043, Antiterrorism/Force Protection 

Policy for Defense Contractors Outside 

the United States, as prescribed in 

225.7403–2. 

(xxxviii) Use the clause at 252.226– 

7001, Utilization of Indian 

Organizations, Indian-Owned Economic 

Enterprises, and Native Hawaiian Small 

Business Concerns, as prescribed in 

226.104, to comply with section 8021 of 

Public Law 107–248 and similar 

sections in subsequent DoD 

appropriations acts. 

(xxxix) Use the clause at 252.227— 

7013, Rights in Technical Data– 

Noncommercial Items, as prescribed in 

227.7103–6(a). Use the clause with its 

Alternate I as prescribed in 227.7103– 

6(b)(1). Use the clause with its Alternate 

II as prescribed in 227.7103–6(b)(2), to 

comply with 10 U.S.C. 7317 and 17 

U.S.C. 1301, et seq. 

(xl) Use the clause at 252.227–7015, 

Technical Data—Commercial Items, as 

prescribed in 227.7102–4(a)(1), to 

comply with 10 U.S.C. 2320. Use the 

clause with its Alternate I as prescribed 

in 227.7102–4(a)(2), to comply with 10 

U.S.C. 7317 and 17 U.S.C. 1301, et seq. 

(xli) Use the clause at 252.227–7037, 

Validation of Restrictive Markings on 

Technical Data, as prescribed in part 

227. 

(xlii) Use the clause at 252.232–7003, 

Electronic Submission of Payment 

Requests and Receiving Reports, as 

prescribed in 232.7004, to comply with 

10 U.S.C. 2227. 

(xliii) Use the clause at 252.232–7009, 

Mandatory Payment by 

Governmentwide Commercial Purchase 

Card, as prescribed in 232.1110. 

(xliv) Use the clause at 252.232–7010, 

Levies on Contract Payments, as 

prescribed in 232.7102. 

(xlv) Use the clause at 252.232–7011, 

Payments in Support of Emergencies 

and Contingency Operations, as 

prescribed in 232.908. 

(xlvi) Use the clause at 252.237–7010, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, as 

prescribed in 237.173–5, to comply with 

section 1038 of Public Law 111–84. 

(xlvii) Use the clause at 252.237– 

7019, Training for Contractor Personnel 

Interacting with Detainees, as prescribed 

in 237.171–4, to comply with section 

1092 of Public Law 108–375. 

(xlviii) Use the clause at 252.243– 

7002, Requests for Equitable 

Adjustment, as prescribed in 243.205– 

71, to comply with 10 U.S.C. 2410. 

(xlix) Use the clause at 252.244–7000, 

Subcontracts for Commercial Items, as 

prescribed in 244.403. 

(l) Use the clause at 252.246–7003, 

Notification of Potential Safety Issues, 

as prescribed in 246.371(a). 

(li) Use the clause at 252.246–7004, 

Safety of Facilities, Infrastructure, and 

Equipment for Military Operations, as 

prescribed in 246.270–4, to comply with 

section 807 of Public Law 111–84. 

(lii) Use the clause at 252.247–7003, 

Pass-Through of Motor Carrier Fuel 

Surcharge Adjustment to the Cost 

Bearer, as prescribed in 247.207, to 

comply with section 884 of Public Law 

110–417. 

(liii) Use the provision at 252.247– 

7022, Representation of Extent of 

Transportation by Sea, as prescribed in 

247.574(a). 

(liv) Use the clause at 252.247–7023, 

Transportation of Supplies by Sea, as 

prescribed in 247.574(b)(1), to comply 

with the Cargo Preference Act of 1904 

(10 U.S.C. 2631(a)). Use the clause with 

its Alternate I as prescribed in 

247.574(b)(2). Use the clause with its 

Alternate II as prescribed in 

247.574(b)(3). Use the clause with its 

Alternate III as prescribed in 

247.574(b)(4). 

(lv) Use the clause at 252.247–7024, 

Notification of Transportation of 

Supplies by Sea, as prescribed in 

247.574(c). 

(lvi) Use the clause 252.247–7025, 

Reflagging or Repair Work, as prescribed 

in 247.574(d), to comply with 10 U.S.C. 

2631(b). 

(lvii) Use the provision at 252.247– 

7026, Evaluation Preference for Use of 

Domestic Shipyards—Applicable to 

Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 

Noncontiguous Trade, as prescribed in 

247.574(e), to comply with section 1017 

of Public Law 109–364. 

(lviii) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, as 

prescribed in 247.574(f), to comply with 

section 3504 of the National Defense 

Authorization Act for Fiscal Year 2009 

(Pub. L. 110–417). 

PART 219—SMALL BUSINESS 

PROGRAMS 

10. Section 219.708(b)(1) is revised to 

read as follows: 

219.708 Contract clauses. 

(b)(1)(A) Use the clause at 252.219– 

7003, Small Business Subcontracting 

Plan (DoD Contracts)— 

(1) In solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items that 

contain the clause at FAR 52.219–9, 

Small Business Subcontracting Plan. 

(2) With its Alternate I in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, that use Alternate III 

of 52.219–9, Small Business 

Subcontracting Plan. 

(B) In solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, with 

contractors that have comprehensive 

subcontracting plans approved under 

the test program described in 219.702, 

use the clause at 252.219–7004, Small 

Business Subcontracting Plan (Test 

Program), instead of the clauses at 

252.219–7003, Small Business 

Subcontracting Plan (DoD Contracts), 

and FAR 52.219–9, Small Business 

Subcontracting Plan. Include— 

(1) FAR clause 52.219–9, Small 

Business Subcontracting Plan, and 

252.219–7003, Small Business 

Subcontracting Plan (DoD Contracts), in 

the contract for purposes of the 

contractor flowing these clauses down 

to subcontractors, except 

(2) When the contract will not be 

reported in FPDS (see FAR 4.606(c)(5)), 

include FAR clause 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 in the 

contract for purposes of the contractor 

flowing these clauses down to 

subcontractors. 

* * * * * 

PART 225—FOREIGN ACQUISITION 

11. In section 225.370–6, the 

introductory text is revised to read as 

follows: 

225.370–6 Contract clause. 

Use the clause at 252.225–7039, 

Contractors Performing Private Security 

Functions, in all solicitations and 

contracts, including solicitations and 


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contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

to be performed in areas of— 

* * * * * 

12. Section 225.1101 is amended by— 

a. Revising paragraph (1); 

b. Revising the introductory text of 

paragraph (2)(i); and 

c. Revising paragraphs (2)(ii); (5); 

(6)(i), (ii), (iii); (7); (10); and (11)(i). 

The revisions read as follows: 

225.1101 Acquisition of supplies. 

(1)(i) Use the provision at 252.225– 

7000, Buy American Act—Balance of 

Payments Program Certificate, instead of 

the provision at FAR 52.225–2, Buy 

American Act Certificate. Use the 

provision in any solicitation, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that includes the 

clause at 252.225–7001, Buy American 

Act and Balance of Payments Program. 

(ii) Use the provision with its 

Alternate I in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the acquisition 

is of end products listed in 225.401–70 

in support of operations in Afghanistan. 

(2)(i) Use the clause at 252.225–7001, 

Buy American Act and Balance of 

Payments Program, instead of the clause 

at FAR 52.225–1, Buy American Act— 

Supplies, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, 

unless— 

* * * * * 

(ii) Use the clause with its Alternate 

I in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

the acquisition is of end products listed 

in 225.401–70 in support of operations 

in Afghanistan 

* * * * * 

(5)(i) Except as provided in paragraph 

(7) of this section, use the provision at 

252.225–7020, Trade Agreements 

Certificate, instead of the provision at 

FAR 52.225–6, Trade Agreements 

Certificate, in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that include the 

clause at 252.225–7021, Trade 

Agreements. 

(ii) Use the provision with its 

Alternate I in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the acquisition 

is of end products in support of 

operations in Afghanistan. 

(6)(i) Use the clause at 252.225–7021, 

Trade Agreements, instead of the clause 

at FAR 52.225–5, Trade Agreements, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, if the World Trade 

Organization Government Procurement 

Agreement applies. 

(ii) Use the clause with its Alternate 

I in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

include the clause at 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan, unless the 

clause at 252.225–7024 has been 

modified to provide a preference only 

for the products of Afghanistan. 

(iii) Use the clause with its Alternate 

II in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

the acquisition is of end products in 

support of operations in Afghanistan 

and Alternate I is not applicable. 

* * * * * 

(7) Use the provision at 252.225–7022, 

Trade Agreements Certificate— 

Inclusion of Iraqi End Products, instead 

of the provision at FAR 52.225–6, Trade 

Agreements Certificate, in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, that include the 

clause at 252.225–7021, Trade 

Agreements, with its Alternate I. 

* * * * * 

(10)(i) Use the provision at 252.225– 

7035, Buy American Act—Free Trade 

Agreements—Balance of Payments 

Program Certificate, instead of the 

provision at FAR 52.225–4, Buy 

American Act—Free Trade 

Agreements—Israeli Trade Act 

Certificate, in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that include the 

clause at 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program. 

(ii) Use the provision with its 

Alternate I in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

I. 

(iii) Use the provision with its 

Alternate II in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

II. 

(iv) Use the provision with its 

Alternate III in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

III. 

(11)(i) Except as provided in 

paragraph (11)(ii) of this section, use the 

clause at 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program, instead of the 

clause at FAR 52.225–3, Buy American 

Act—Free Trade Agreements—Israeli 

Trade Act, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, for the 

items listed at 225.401–70, when the 

estimated value equals or exceeds 

$25,000, but is less than $202,000, and 

a Free Trade Agreement applies to the 

acquisition. 

(A) Use the basic clause in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, when the estimated 

value equals or exceeds $77,494, except 

if the acquisition is of end products in 

support of operations in Afghanistan, 

use with its Alternate II. 

(B) Use the clause with its Alternate 

I in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

the estimated value equals or exceeds 

$25,000 but is less than $77,494, except 

if the acquisition is of end products in 

support of operations in Afghanistan, 

use with its Alternate III. 

* * * * * 

13. Section 225.7002–3 is revised to 

read as follows: 

225.7002–3 Contract clauses. 

Unless an exception applies— 

(a) Use the clause at 252.225–7012, 

Preference for Certain Domestic 

Commodities, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

exceeding the simplified acquisition 

threshold. 

(b) Use the clause at 252.225–7015, 

Restriction on Acquisition of Hand or 

Measuring Tools, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

exceeding the simplified acquisition 

threshold that require delivery of hand 

or measuring tools. 

14. In section 225.7003–5, the 

introductory text of paragraphs (a)(1), 

(a)(2), and (b) are revised to read as 

follows: 


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225.7003–5 Solicitation provision and 

contract clauses. 

(a) * * * 

(1) Use the clause at 252.225–7008, 

Restriction on Acquisition of Specialty 

Metals, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that— 

* * * * * 

(2) Use the clause at 252.225–7009, 

Restriction on Acquisition of Certain 

Articles Containing Specialty Metals, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that— 

* * * * * 

(b) Use the provision at 252.225–7010, 

Commercial Derivative Military 

Article—Specialty Metals Compliance 

Certificate, in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items— 

* * * * * 

15. In section 225.7006–4, the 

introductory text of paragraphs (a) and 

(b) are revised to read as follows: 

225.7006–4 Solicitation provision and 

contract clause. 

(a) Use the provision at 252.225–7037, 

Evaluation of Offers for Air Circuit 

Breakers, in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, requiring air circuit 

breakers for naval vessels unless— 

* * * * * 

(b) Use the clause at 252.225–7038, 

Restriction on Acquisition of Air Circuit 

Breakers, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, 

requiring air circuit breakers for naval 

vessels unless— 

* * * * * 

16. In section 225.7009–5, the 

introductory text is revised to read as 

follows: 

225.7009–5 Contract clause. 

Use the clause at 252.225–7016, 

Restriction on Acquisition of Ball and 

Roller Bearings, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

unless— 

* * * * * 

17. Section 225.7017–4 is amended 

by— 

a. Revising the introductory text of 

paragraph (a)(1); and 

b. Revising paragraphs (a)(2) and (b). 

The revisions read as follows: 

225.7017–4 Solicitation provisions and 

contract clauses. 

(a)(1) Use the clause at 252.225–7017, 

Photovoltaic Devices, in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, for a contract that— 

* * * * * 

(2) Use the clause in the resultant 

contract, including contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, if it is a covered 

contract (i.e., will result in DoD 

ownership of photovoltaic devices, by 

means other than DoD purchase as end 

products). 

(b) Use the provision at 252.225–7018, 

Photovoltaic Devices—Certificate, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, 

containing the clause at 252.225–7017. 

18. Section 225.7307 is revised to read 

as follows: 

225.7307 Contract clauses. 

(a) Use the clause at 252.225–7027, 

Restriction on Contingent Fees for 

Foreign Military Sales, in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, for FMS. Insert in 

paragraph (b)(1) of the clause the 

name(s) of any foreign country 

customer(s) listed in 225.7303–4(b). 

(b) Use the clause at 252.225–7028, 

Exclusionary Policies and Practices of 

Foreign Governments, in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, for the purchase of 

supplies and services for international 

military education training and FMS. 

19. In section 225.7402–5(a), the 

introductory text is revised to read as 

follows: 

225.7402–5 Contract clauses. 

(a) Use the clause at 252.225–7040, 

Contractor Personnel Authorized to 

Accompany U.S. Armed Forces 

Deployed Outside the United States, 

instead of the clause at FAR 52.225–19, 

Contractor Personnel in a Designated 

Operational Area or Supporting a 

Diplomatic or Consular Mission Outside 

the United States, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that authorize contractor personnel to 

accompany U.S. Armed Forces 

deployed outside the United States in— 

* * * * * 

20. In section 225.7403–2, the 

introductory text is revised to read as 

follows: 

225.7403–2 Contract clause. 

Use the clause at 252.225–7043, 

Antiterrorism/Force Protection Policy 

for Defense Contractors Outside the 

United States, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that require performance or travel 

outside the United States, except for 

contracts with— 

* * * * * 

21. Section 225.7605 is revised to read 

as follows: 

225.7605 Solicitation provision. 

Unless an exception applies or a 

waiver has been granted in accordance 

with 225.7604, use the provision at 

252.225–7031, Secondary Arab Boycott 

of Israel, in all solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items. 

22. Section 225.7703–5 is amended 

by— 

a. Revising the introductory text of 

paragraph (a); 

b. Revising paragraph (b); and 

c. Revising the introductory text of 

paragraph (c)(1). 

The revisions read as follows: 

225.7703–5 Solicitation provisions and 

contract clauses. 

(a) Use the provision at 252.225–7023, 

Preference for Products or Services from 

Iraq or Afghanistan, in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, that provide a 

preference for products or services from 

Iraq or Afghanistan in accordance with 

225.7703–1(a)(1). The contracting 

officer— 

* * * * * 

(b) Use the clause at 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

include the provision at 252.225–7023, 

Preference for Products or Services from 

Iraq or Afghanistan, and in the resulting 

contract. If the provision at 252.225– 

7023 has been modified to provide a 

preference exclusively for Iraq or 

exclusively for Afghanistan, in 

accordance with paragraph (a)(1) of this 

subsection, the clause at 252.225–7024 

shall be modified accordingly. 

(c)(1) Use the clause at 252.225–7026, 

Acquisition Restricted to Products or 

Services from Iraq or Afghanistan, in 

solicitations and contracts, including 

solicitations and contracts using FAR 


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part 12 procedures for the acquisition of 

commercial items, that— 

* * * * * 

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS 

23. Section 226.104 is revised to read 

as follows: 

226.104 Contract clause. 

Use the clause at 252.226–7001, 

Utilization of Indian Organizations, 

Indian-Owned Economic Enterprises, 

and Native Hawaiian Small Business 

Concerns, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, for 

supplies or services exceeding $500,000 

in value. 

Subpart 227.71—Rights in Technical 

Data 

24. In section 227.7102–4, paragraphs 

(a) and (c) are revised to read as follows: 

227.7102–4 Contract clauses. 

(a)(1) Except as provided in paragraph 

(b) of this subsection, use the clause at 

252.227–7015, Technical Data– 

Commercial Items, in all solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, when the contractor 

will be required to deliver technical 

data pertaining to commercial items, 

components, or processes. 

(2) Use the clause at 252.227–7015 

with its Alternate I in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

for the development or delivery of a 

vessel design or any useful article 

embodying a vessel design. 

* * * * * 

(c) Use the clause at 252.227–7037, 

Validation of Restrictive Markings on 

Technical Data, in all solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items 

that include the clause at 252.227–7015 

or the clause at 252.227–7013. 

25. Section 227.7103–6 is amended 

by— 

a. Revising paragraph (a); 

b. Revising the introductory text of 

paragraph (b)(1); and 

c. Revising paragraph (b)(2). 

The revisions read as follows: 

227.7103–6 Contract clauses. 

(a) Use the clause at 252.227–7013, 

Rights in Technical Data– 

Noncommercial Items, in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, when the successful 

offeror(s) will be required to deliver to 

the Government technical data 

pertaining to noncommercial items, or 

pertaining to commercial items for 

which the Government will have paid 

for any portion of the development costs 

(in which case the clause at 252.227– 

7013 will govern the technical data 

pertaining to any portion of a 

commercial item that was developed in 

any part at Government expense, and 

the clause at 252.227–7015 will govern 

the technical data pertaining to any 

portion of a commercial item that was 

developed exclusively at private 

expense). Do not use the clause when 

the only deliverable items are computer 

software or computer software 

documentation (see 227.72), commercial 

items developed exclusively at private 

expense (see 227.7102–4), existing 

works (see 227.7105), special works (see 

227.7106), or when contracting under 

the Small Business Innovation Research 

Program (see 227.7104). Except as 

provided in 227.7107–2, do not use the 

clause in architect-engineer and 

construction contracts. 

(b)(1) Use the clause at 252.227–7013 

with its Alternate I in research 

solicitations and contracts, including 

research solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

the contracting officer determines, in 

consultation with counsel, that public 

dissemination by the contractor would 

be— 

* * * * * 

(2) Use the clause at 252.227–7013 

with its Alternate II in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

for the development or delivery of a 

vessel design or any useful article 

embodying a vessel design. 

* * * * * 

PART 232—CONTRACT FINANCING 

26. Section 232.908 is revised to read 

as follows: 

232.908 Contract clauses. 

Use the clause at 252.232–7011, 

Payments in Support of Emergencies 

and Contingency Operations, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, in addition to either 

the approved clause prescribed in FAR 

32.908 or paragraph (i)(2) of 52.212–4 in 

acquisitions that meet the applicability 

criteria at 232.901(1). 

27. In section 232.1110, the 

introductory text is revised to read as 

follows: 

232.1110 Solicitation provision and 

contract clauses. 

Use the clause at 252.232–7009, 

Mandatory Payment by 

Governmentwide Commercial Purchase 

Card, in solicitations, contracts, and 

agreements, including solicitations, 

contracts, and agreements using FAR 

part 12 procedures for the acquisition of 

commercial items, when— 

* * * * * 

28. Section 232.7004 is revised to read 

as follows: 

232.7004 Contract clause. 

Except as provided in 232.7002(a), 

use the clause at 252.232–7003, 

Electronic Submission of Payment 

Requests and Receiving Reports, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. 

29. Section 232.7102 is revised to read 

as follows: 

232.7102 Contract clause. 

Use the clause at 252.232–7010, 

Levies on Contract Payments, in all 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, other than those for 

micropurchases. 

PART 237—SERVICE CONTRACTING 

30. In section 237.171–4, the 

introductory text is revised to read as 

follows: 

237.171–4 Contract clause. 

Use the clause at 252.237–7019, 

Training for Contractor Personnel 

Interacting with Detainees, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the acquisition of 

services if— 

* * * * * 

31. Section 237.173–5 is revised to 

read as follows: 

237.173–5 Contract clause. 

Insert the clause at 252.237–7010, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the provision of 

services. 


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PART 243—CONTRACT 

MODIFICATIONS 

32. Section 243.205–71 is revised to 

read as follows: 

243.205–71 Requests for equitable 

adjustment. 

Use the clause at 252.243–7002, 

Requests for Equitable Adjustment, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, estimated to exceed 

the simplified acquisition threshold. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

33. Section 244.403 is revised to read 

as follows: 

244.403 Contract clause. 

Use the clause at 252.244–7000, 

Subcontracts for Commercial Items, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that contain any of 

the following clauses: 

(1) 252.211–7003, Item Identification 

and Valuation. 

(2) 252.225–7009, Restriction on 

Acquisition of Certain Articles 

Containing Specialty Metals. 

(3) 252.225–7039, Contractors 

Performing Private Security Functions. 

(4) 252.227–7013, Rights in Technical 

Data—Noncommercial Items. 

(5) 252.227–7015, Technical Data– 

Commercial Items. 

(6) 252.227–7037, Validation of 

Restrictive Markings on Technical Data. 

(7) 252.236–7013, Requirement for 

Competition Opportunity for American 

Steel Producers, Fabricators, and 

Manufacturers. 

(8) 252.237–7010, Prohibition on 

Interrogation of Detainees by Contractor 

Personnel. 

(9) 252.237–7019, Training for 

Contractor Personnel Interacting with 

Detainees. 

(10) 252.246–7003, Notification of 

Potential Safety Issues. 

(11) 252.247–7003, Pass-Through of 

Motor Carrier Fuel Surcharge 

Adjustment to the Cost Bearer. 

(12) 252.247–7023, Transportation of 

Supplies by Sea. 

(13) 252.247–7024, Notification of 

Transportation of Supplies by Sea. 

PART 246—QUALITY ASSURANCE 

34. Section 246.270–4 is revised to 

read as follows: 

246.270–4 Contract clause. 

Use the clause at 252.246–7004, 

Safety of Facilities, Infrastructure, and 

Equipment for Military Operations, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the construction, 

installation, repair, maintenance, or 

operation of facilities, infrastructure, or 

for equipment configured for 

occupancy, planned for use by DoD 

military or civilian personnel during 

military operations. 

35. In section 246.371(a), the 

introductory text is revised to read as 

follows: 

246.371 Notification of potential safety 

issues. 

(a) Use the clause at 252.246–7003, 

Notification of Potential Safety Issues, 

in solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the acquisition 

of— 

* * * * * 

PART 247—TRANSPORTATION 

36. Section 247.207 is revised to read 

as follows: 

247.207 Solicitation provisions, contract 

clauses, and special requirements. 

Use the clause at 252.247–7003, PassThrough of Motor Carrier Fuel 

Surcharge Adjustment to the Cost 

Bearer, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, for 

carriage in which a motor carrier, 

broker, or freight forwarder will provide 

or arrange truck transportation services 

that provide for a fuel-related 

adjustment. 

37. Section 247.571 is revised to read 

as follows: 

247.571 Definitions. 

(a) ‘‘Components,’’ ‘‘foreign flag 

vessel,’’ ‘‘ocean transportation,’’ 

‘‘supplies,’’ and ‘‘U.S.-flag vessel,’’ as 

used in this subpart, have the meaning 

given in the clause at 252.247–7023, 

Transportation of Supplies by Sea. 

(b) ‘‘Reflagging or repair work,’’ as 

used in this subpart, has the meaning 

given in the clause at 252.247–7025, 

Reflagging or Repair Work. 

(c) ‘‘Covered vessel,’’ ‘‘foreign 

shipyard,’’ ‘‘overhaul, repair, and 

maintenance work,’’ ‘‘shipyard,’’ and 

‘‘U.S. shipyard,’’ as used in this subpart, 

have the meaning given in the provision 

at 252.247–7026, Evaluation Preference 

for Use of Domestic Shipyards— 

Applicable to Acquisition of Carriage by 

Vessel for DoD Cargo in the Coastwise 

or Noncontiguous Trade. 

38. Section 247.572 is amended by— 

a. Revising the introductory text of 

paragraph (a); and 

b. Adding introductory text to 

paragraph (c). 

The revisions read as follows: 

247.572 Policy. 

(a) In accordance with 10 U.S.C. 

2631(a), DoD contractors must transport 

supplies, as defined in the clause at 

252.247–7023, Transportation of 

Supplies by Sea, exclusively on U.S.- 

flag vessels unless— 

* * * * * 

(c) In accordance with 10 U.S.C. 

2631(b)— 

* * * * * 

39. Section 247.574 is amended by— 

a. Revising the introductory text of 

paragraph (a); and 

b. Revising paragraphs (b)(1), (c), (d), 

(e), and (f). 

The revisions read as follows: 

247.574 Solicitation provisions and 

contract clauses. 

(a) Use the provision at 252.247–7022, 

Representation of Extent of 

Transportation by Sea, in all 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, 

except— 

* * * * * 

(b)(1) Use the clause at 252.247–7023, 

Transportation of Supplies by Sea, in all 

solicitations and resultant contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, except 

those for direct purchase of ocean 

transportation services. 

* * * * * 

(c) Use the clause at 252.247–7024, 

Notification of Transportation of 

Supplies by Sea, in all contracts, 

including contracts using FAR part 12 

procedures for the acquisition of 

commercial items, for which the offeror 

made a negative response to the inquiry 

in the provision at 252.247–7022, 

Representation of Extent of 

Transportation by Sea. 

(d) Use the clause at 252.247–7025, 

Reflagging or Repair Work, in all time 

charter solicitations and contracts, 

including time charter solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

for the use of a vessel for the 

transportation of supplies, unless a 

waiver has been granted in accordance 

with 247.572(c)(2). 

(e) Use the provision at 252.247–7026, 

Evaluation Preference for Use of 

Domestic Shipyards–Applicable to 

Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 


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Noncontiguous Trade, in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, that require a 

covered vessel for carriage of cargo for 

DoD. See 247.573–3 for reporting of the 

information received from offerors in 

response to the provision. See 247.573– 

2(c)(3) for the required evaluation 

criterion. 

(f) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the charter of, or 

contract for carriage of cargo by, a U.S.- 

flag vessel documented under chapter 

121 of title 46 U.S.C. Follow the 

procedures at PGI 247.574. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.203–7000 [Amended] 

40. Section 252.203–7000 is amended 

by— 

a. Removing from the introductory 

paragraph ‘‘201.171–4’’ and adding 

‘‘201.171–4(a)’’ in its place; and 

b. Removing from the clause heading 

‘‘(JUN 2011)’’ and adding ‘‘(DATE)’’ in 

its place. 

41. Section 252.211–7003 is amended 

by— 

a. Removing from the clause heading 

‘‘(JUN 2011)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (g) to read as 

follows: 

252.211–7003 Item Identification and 

Valuation. 

* * * * * 

(g) Subcontracts. If the Contractor 

acquires by subcontract, any item(s) for 

which unique item identification is 

required in accordance with paragraph 

(c)(1) of this clause, the Contractor shall 

include this clause, including this 

paragraph (g), in the applicable 

subcontract(s), including subcontracts 

for commercial items. 

* * * * * 

252.212–7000 [Removed] 

42. Section 252.212–7000 is removed. 

252.212–7001 [Removed] 

43. Section 252.212–7001 is removed. 

44. Section 252.225–7009 is amended 

by— 

a. Removing from the clause heading 

‘‘(JAN 2011)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising the introductory text of 

paragraph (e) to read as follows: 

252.225–7009 Restriction on Acquisition 

of Certain Articles Containing Specialty 

Metals. 

* * * * * 

(e) Subcontracts. The Contractor shall 

insert the substance of this clause in 

subcontracts, including subcontracts for 

commercial items, for items containing 

specialty metals, to the extent necessary 

to ensure compliance of the end 

products that the Contractor will deliver 

to the Government. When inserting the 

substance of this clause in subcontracts, 

the Contractor shall— 

* * * * * 

45. Section 252.225–7039 is amended 

by— 

a. Removing from the clause heading 

‘‘(AUG 2011)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (e) to read as 

follows: 

252.225–7039 Contractors Performing 

Private Security Functions. 

* * * * * 

(e) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (e), in all 

subcontracts, including subcontracts for 

commercial items, that will be 

performed in areas of contingency 

operations, complex contingency 

operations, or other military operations 

or exercises designated by the 

Combatant Commander. 

* * * * * 

46. Section 252.227–7013 is amended 

by— 

a. Removing from the clause heading 

‘‘(FEB 2012)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (k)(2) to read as 

follows: 

252.227–7013 Rights in Technical Data– 

Noncommercial Items. 

* * * * * 

(k) * * * 

(2) Whenever any technical data for 

noncommercial items, or for commercial 

items developed in any part at 

Government expense, is to be obtained 

from a subcontractor or supplier for 

delivery to the Government under this 

contract, the Contractor shall use this 

same clause in the subcontract or other 

contractual instrument, including 

subcontracts or other contractual 

instruments for commercial items, and 

require its subcontractors or suppliers to 

do so, without alteration, except to 

identify the parties. This clause will 

govern the technical data pertaining to 

noncommercial items, or to any portion 

of a commercial item that was 

developed in any part at Government 

expense, and the clause at 252.227–7015 

will govern the technical data pertaining 

to any portion of a commercial item that 

was developed exclusively at private 

expense. No other clause shall be used 

to enlarge or diminish the 

Government’s, the Contractor’s, or a 

higher-tier subcontractor’s or supplier’s 

rights in a subcontractor’s or supplier’s 

technical data. 

* * * * * 

47. Section 252.227–7015 is amended 

by— 

a. Removing from the clause heading 

‘‘(DEC 2011)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (e)(2) to read as 

follows: 

252.227–7015 Technical Data–Commercial 

Items. 

* * * * * 

(e) * * * 

(2) Whenever any technical data 

related to commercial items developed 

in any part at private expense will be 

obtained from a subcontractor or 

supplier for delivery to the Government 

under this contract, the Contractor shall 

use this same clause in the subcontract 

or other contractual instrument, 

including subcontracts and other 

contractual instruments for commercial 

items, and require its subcontractors or 

suppliers to do so, without alteration, 

except to identify the parties. This 

clause will govern the technical data 

pertaining to any portion of a 

commercial item that was developed 

exclusively at private expense, and the 

clause at 252.227–7013 will govern the 

technical data pertaining to any portion 

of a commercial item that was 

developed in any part at Government 

expense. 

* * * * * 

48. Section 252.227–7037 is amended 

by— 

a. Removing from the introductory 

paragraph ‘‘227.7102–3(c)’’ and adding 

‘‘227.7102–4(c)’’ in its place; 

b. Removing from the clause heading 

‘‘(SEP 2011)’’ and adding ‘‘(DATE)’’ in 

its place; and 

c. Revising paragraph (l) to read as 

follows: 

252.227–7037 Validation of Restrictive 

Markings on Technical Data. 

* * * * * 

(l) Flowdown. The Contractor or 

subcontractor agrees to insert this clause 

in contractual instruments, including 

subcontracts and other contractual 

instruments for commercial items, with 

its subcontractors or suppliers at any 

tier requiring the delivery of technical 

data. 

* * * * * 

49. Section 252.236–7013 is amended 

by— 


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a. Removing from the clause heading 

‘‘(JAN 2009)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (c) to read as 

follows: 

252.236–7013 Requirement for 

Competition Opportunity for American Steel 

Producers, Fabricators, and Manufacturers. 

* * * * * 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c), in any subcontract that 

involves the acquisition of steel as a 

construction material, including 

subcontracts for the acquisition of 

commercial items. 

* * * * * 

50. Section 252.237–7010 is amended 

by— 

a. Removing from the clause heading 

‘‘(NOV 2010)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (c) to read as 

follows: 

252.237–7010 Prohibition on Interrogation 

of Detainees by Contractor Personnel. 

* * * * * 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts, including subcontracts for 

commercial items, that may require 

subcontractor personnel to interact with 

detainees in the course of their duties. 

* * * * * 

51. Section 252.237–7019 is amended 

by— 

a. Removing from the clause heading 

‘‘(SEP 2006)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (c) to read as 

follows: 

252.237–7019 Training for Contractor 

Personnel Interacting with Detainees. 

* * * * * 

(c) Subcontracts. The Contractor shall 

include the substance of this clause, 

including this paragraph (c), in all 

subcontracts, including subcontracts for 

commercial items, that may require 

subcontractor personnel to interact with 

detainees in the course of their duties. 

* * * * * 

52. Section 252.244–7000 is revised to 

read as follows: 

252.244–7000 Subcontracts for 

Commercial Items. 

As prescribed in 244.403, use the 

following clause: 

SUBCONTRACTS FOR COMMERCIAL 

ITEMS (DATE) 

(a) The Contractor is not required to flow 

down the terms of any Defense Federal 

Acquisition Regulation Supplement clause in 

subcontracts for commercial items at any tier 

under this contract unless so specified in the 

particular clause. 

(b) While not required, the Contractor may 

flow down to subcontracts for commercial 

items a minimal number of additional 

clauses necessary to satisfy its contractual 

obligation. 

(c) The Contractor shall include the terms 

of this clause, including this paragraph (c), in 

subcontracts awarded at any tier under this 

contract, including subcontracts for the 

acquisition of commercial items. 

* * * * * 

53. Section 252.246–7003 is amended 

by— 

a. Removing from the clause heading 

‘‘(JAN 2007)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising the introductory text of 

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

252.246–7003 Notification of Potential 

Safety Issues. 

* * * * * 

(f) * * * 

(2) For those subcontracts, including 

subcontracts for commercial items, 

described in paragraph (f)(1) of this 

clause, the Contractor shall require the 

subcontractor to provide the notification 

required by paragraph (c) of this clause 

to— 

* * * * * 

54. Section 252.247–7003 is amended 

by— 

a. Removing from the clause heading 

‘‘(SEP 2010)’’ and adding ‘‘(DATE)’’ in 

its place; and 

b. Revising paragraph (c) to read as 

follows: 

252.247–7003 Pass-Through of Motor 

Carrier Fuel Surcharge Adjustment to the 

Cost Bearer. 

* * * * * 

(c) The Contractor shall insert the 

substance of this clause, including this 

paragraph (c), in all subcontracts, 

including subcontracts for commercial 

items, with motor carriers, brokers, or 

freight forwarders. 

* * * * * 

55. Section 252.247–7023 is amended 

by— 

a. Removing from the clause heading 

‘‘(May 2002)’’ and adding ‘‘(DATE)’’ in 

its place; 

b. Revising the introductory text of 

paragraph (h); and 

c. Removing from paragraphs (h)(1) 

and (h)(2) ‘‘Part 2’’ and adding ‘‘part 2’’ 

in both places. 

The revision reads as follows: 

252.247–7023 Transportation of Supplies 

by Sea. 

* * * * * 

(h) In the award of subcontracts, for 

the types of supplies described in 

paragraph (b)(2) of this clause, including 

subcontracts for commercial items, the 

Contractor shall flow down the 

requirements of this clause as follows: 

* * * * * 

[FR Doc. 2012–8053 Filed 4–4–12; 8:45 am] 

BILLING CODE 5001–06–P 


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