17446 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

PART 225—FOREIGN ACQUISITION 

225.7003–3 [Amended] 

■ 3. Section 225.7003–3 is amended 

by— 

■ a. Removing the introductory text; 

■ b. In paragraph (c)(2), removing ‘‘PGI 

225.7003–3’’ and adding ‘‘PGI 

225.7003–3(c)’’ in its place; and 

■ c. In the introductory text of 

paragraph (d), removing ‘‘PGI 225.7003– 

3’’ and adding ‘‘PGI 225.7003–3(d)’’ in 

its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 252.204–7007 is amended 

by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(MAR 2014)’’ in its 

place. 

■ b. Revising paragraph (d)(2) to read as 

follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d) * * * 

(2) The following representations or 

certifications in SAM are applicable to 

this solicitation as indicated by the 

Contracting Officer: [Contracting Officer 

check as appropriate.] 

ll(i) 252.209–7002, Disclosure of 

Ownership or Control by a Foreign 

Government. 

ll(ii) 252.225–7000, Buy American— 

Balance of Payments Program 

Certificate. 

ll(iii) 252.225–7020, Trade 

Agreements Certificate. 

llUse with Alternate I. 

ll(iv) 252.225–7031, Secondary Arab 

Boycott of Israel. 

ll(v) 252.225–7035, Buy American— 

Free Trade Agreements—Balance of 

Payments Program Certificate. 

llUse with Alternate I. 

llUse with Alternate II. 

llUse with Alternate III. 

llUse with Alternate IV. 

llUse with Alternate V. 

* * * * * 

■ 5. Section 252.209–7004 is amended 

by— 

■ a. Removing the clause date ‘‘(DEC 

2006)’’ and adding ‘‘(MAR 2014)’’ in its 

place; and 

■ b. In paragraph (a), removing 

‘‘Excluded Parties List’’ and adding 

‘‘Exclusions section of the System for 

Award Management’’ in its place. 

[FR Doc. 2014–07003 Filed 3–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 212 

RIN 0750–AI28 

Defense Federal Acquisition 

Regulation Supplement: Extension of 

Pilot Program on Acquisition of 

Military-Purpose Nondevelopmental 

Items (DFARS Case 2014–D007) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to implement a 

section of the National Defense 

Authorization Act for Fiscal Year 2014. 

This rule extends the expiration date of 

the pilot program for acquisition of 

military-purpose nondevelopmental 

items. 

DATES: Effective March 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 866 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2011 (Pub. L. 111–383), 

enacted on January 7, 2011, authorized 

the Secretary of Defense to carry out a 

pilot program to assess the feasibility 

and advisability of acquiring militarypurpose nondevelopmental items in 

accordance with the streamlined 

procedures of the pilot program. Under 

this pilot program, DoD may enter into 

contracts with nontraditional defense 

contractors for the purpose of enabling 

DoD to acquire items that otherwise 

might not have been available to DoD, 

assist DoD in the rapid acquisition and 

fielding of capabilities needed to meet 

urgent operational needs, and protect 

the interests of the United States in 

paying fair and reasonable prices for the 

item or items acquired. 

This pilot program is designed to test 

whether the streamlined procedures, 

similar to those available for 

commercial items, can serve as an 

effective incentive for nontraditional 

defense contractors to (1) channel 

investment and innovation into areas 

that are useful to DoD and (2) provide 

items developed exclusively at private 

expense to meet validated military 

requirements. 

This final rule amends DFARS 

subpart 212.71, Pilot Program for 

Acquisition of Military-Purpose 

Nondevelopmental Items, to implement 

section 814, Extension of Pilot Program 

of Military Purpose Nondevelomental 

Items, of the National Defense 

Authorization Act for FY 2014. This 

rule extends the authority for this pilot 

program from January 6, 2016, to 

December 31, 2019. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute that applies to the publication of 

the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. Publication for public comment 

is not required because the rule does not 

have a significant effect beyond the 

internal operating procedures of DoD 

and does not have a significant cost or 

administrative impact on contractors or 

offerors as it merely extends the 

expiration date of an existing pilot 

program pursuant to statutory directive. 

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 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 and 

does not require publication for public 

comment. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 17447 

V. Paperwork Reduction Act 

The 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 212 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 212 is 

amended as follows: 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for 48 CFR 

part 212 continues to read as follows: 

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

chapter 1. 

212.7102–3 [Amended] 

■ 2. Section 212.7102–3 is amended by 

removing ‘‘January 6, 2016’’ from 

paragraph (a) and adding in its place 

‘‘December 31, 2019’’. 

[FR Doc. 2014–06737 Filed 3–27–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 235 and 252 

RIN 0750–AI10 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Research and 

Development Contracting (DFARS 

Case 2013–D026) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to create an overarching 

prescription for a research and 

development-related clause with an 

alternate. The rule also includes 

separate prescriptions for the basic and 

alternate clause and includes the full 

text of the alternate clause. 

DATES: Effective March 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 73475 on 

December 6, 2013, to amend the 

presentation of the DFARS part 235 

clause with its alternate and their 

prescriptions. This final rule addresses 

the single clause affected, which is 

252.235–7003, Frequency 

Authorization, and its alternate. 

One public comment was received; 

however it was not related to the 

proposed rule and therefore not 

considered in drafting the final rule. 

Minor editorial changes were made to 

standardize language used in the final 

rule for the clause prescriptions and 

prefaces in order to provide uniform 

arrangement in the regulations. 

II. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

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. 

III. Regulatory Flexibility Act 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows. 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to create 

prescriptions for the basic version and 

the alternate of a DFARS part 235 

solicitation and contract clause and to 

include the full text of the alternate 

clause. 

The public did not raise any issues in 

response to the initial regulatory 

flexibility analysis. The Chief Counsel 

for Advocacy of the Small Business 

Administration did not submit any 

comments in response to the rule. 

Potential offerors, including small 

businesses, may be affected by this rule 

by seeing an unfamiliar format for 

clause alternates in solicitations and 

contracts issued by DoD contracting 

activities. According to the Federal 

Procurement Data System, in fiscal year 

2012, DoD made approximately 270,000 

contract awards (not including 

modification and orders) that exceeded 

the micro-purchase threshold, of which 

approximately 180,000 (67%) were 

awarded to small businesses. It is 

unknown how many of these contracts 

were awarded that included an alternate 

to a DFARS provision or clause. 

Nothing substantive will change in 

solicitations or contracts for potential 

offerors, and only the appearance of 

how clause alternates are presented in 

the solicitations and contracts 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 format of the clause alternates 

in full text contained in contracts issued 

by any DoD contracting activity. The 

rule also anticipates saving contractors 

time by making all paragraph 

substitutions from the basic version of 

the clause, and not requiring the 

contractors to read inapplicable 

paragraphs contained in the basic 

version of the clause. The overall 

burden caused by this rule is expected 

to be negligible 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 rule does not duplicate, overlap, or 

conflict with any other Federal rules. No 

alternatives were identified that will 

accomplish the objectives of the rule. 

IV. Paperwork Reduction Act 

The 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 Parts 235 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 235 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 235 and 252 continues to read as 

follows: 

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

chapter 1. 

PART 235—RESEARCH AND 

DEVELOPMENT CONTRACTING 

■ 2. In section 235.072, revise paragraph 

(b) to read as follows: 

235.072 Additional contract clauses. 

* * * * * 


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