59854 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 

203.905 Procedures for investigating 

complaints. 

(1) Unless the DoD Inspector General 

makes a determination that the 

complaint is frivolous, fails to allege a 

violation of the prohibition in 203.903, 

or has been previously addressed in 

another Federal or State judicial or 

administrative proceeding initiated by 

the complainant, the DoD Inspector 

General will investigate the complaint. 

* * * * * 

(3) Upon completion of the 

investigation, the DoD Inspector 

General— 

(i) Either will determine that the 

complaint is frivolous, fails to allege a 

violation of the prohibition in 203.903, 

or has been previously addressed in 

another Federal or State judicial or 

administrative proceeding initiated by 

the complainant, or will submit the 

report addressed in paragraph (2) of this 

section within 180 days after receiving 

the complaint; and 

(ii) If unable to submit a report within 

180 days, will submit the report within 

the additional time period, up to 180 

days, as agreed to by the person 

submitting the complaint. 

(4) The DoD Inspector General may 

not respond to any inquiry or disclose 

any information from or about any 

person alleging the reprisal, except to 

the extent that such response or 

disclosure is— 

(i) Made with the consent of the 

person alleging reprisal; 

(ii) Made in accordance with 5 U.S.C. 

552a (the Freedom of Information Act) 

or as required by any other applicable 

Federal law; or 

(iii) Necessary to conduct an 

investigation of the alleged reprisal. 

(5) The legal burden of proof specified 

at paragraph (e) of 5 U.S.C. 1221 

(Individual Right of Action in Certain 

Reprisal Cases) shall be controlling for 

the purposes of an investigation 

conducted by the DoD Inspector 

General, decision by the head of an 

agency, or judicial or administrative 

proceeding to determine whether 

prohibited discrimination has occurred. 

■ 7. Section 203.906 is amended by— 

■ a. Revising paragraph (1); 

■ b. Amending paragraph (2)(ii) by 

adding a sentence at the end of the 

paragraph; and 

■ c. By adding paragraphs (4), (5), and 

(6). 

The revision and additions read as 

follows: 

203.906 Remedies. 

(1) Not later than 30 days after 

receiving a DoD Inspector General 

report in accordance with 203.905, the 

head of the agency shall determine 

whether sufficient basis exists to 

conclude that the contractor has 

subjected the complainant to a reprisal 

as prohibited by 203.903; and shall 

either issue an order denying relief or 

shall take one or more of the following 

actions: 

(i) Order the contractor to take 

affirmative action to abate the reprisal. 

(ii) Order the contractor to reinstate 

the person to the position that the 

person held before the reprisal, together 

with compensatory damages (including 

back pay), employment benefits, and 

other terms and conditions of 

employment that would apply to the 

person in that position if the reprisal 

had not been taken. 

(iii) Order the contractor to pay the 

complainant an amount equal to the 

aggregate amount of all costs and 

expenses (including attorneys’ fees and 

expert witnesses’ fees) that were 

reasonably incurred by the complainant 

for, or in connection with, bringing the 

complaint regarding the reprisal, as 

determined by the head of the agency. 

(2) * * * 

(ii) * * * An action under this 

authority may not be brought more than 

two years after the date on which 

remedies are deemed to have been 

exhausted. 

* * * * * 

(4) Whenever a contractor fails to 

comply with an order issued by the 

head of agency in accordance with 10 

U.S.C. 2409, the head of the agency or 

designee shall request the Department of 

Justice to file an action for enforcement 

of such order in the United States 

district court for a district in which the 

reprisal was found to have occurred. In 

any action brought under this 

paragraph, the court may grant 

appropriate relief, including injunctive 

relief, compensatory and exemplary 

damages, and reasonable attorney fees 

and costs. The person upon whose 

behalf an order was issued may also file 

such an action or join in an action filed 

by the head of the agency. 

(5) Any person adversely affected or 

aggrieved by an order issued by the 

head of the agency in accordance with 

10 U.S.C. 2409 may obtain judicial 

review of the order’s conformance with 

the law, and the implementing 

regulation, in the United States Court of 

Appeals for a circuit in which the 

reprisal is alleged in the order to have 

occurred. No petition seeking such 

review may be filed more than 60 days 

after issuance of the order by the head 

of the agency or designee. Review shall 

conform to Chapter 7 of Title 5, Unites 

States Code. Filing such an appeal shall 

not act to stay the enforcement of the 

order by the head of an agency, unless 

a stay is specifically entered by the 

court. 

(6) The rights and remedies provided 

for in this subpart may not be waived 

by any agreement, policy, form, or 

condition of employment. 

■ 8. Section 203.907 is added to read as 

follows. 

203.907 Classified information. 

As provided in section 827(h) of the 

National Defense Authorization Act for 

Fiscal Year 2013, nothing in this 

coverage provides any rights to disclose 

classified information not otherwise 

provided by law. 

252—SOLICITATION PROVISIONS AND 

CONTRACT CLAUSES 

■ 9. Section 252.203–7002 is amended 

by— 

■ a. Amending the clause date by 

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

its place ‘‘(SEP 2013)’’; 

■ b. Designating the clause text as 

paragraph (a); 

■ c. Revising the newly designated 

paragraph (a); and 

■ d. Adding a new paragraph (b). 

The revision and addition read as 

follows: 

252.203–7002 Requirement to Inform 

Employees of Whistleblower Rights. 

* * * * * 

(a) The Contractor shall inform its 

employees in writing, in the predominant 

native language of the workforce, of 

contractor employee whistleblower rights 

and protections under 10 U.S.C. 2409, as 

described in subpart 203.9 of the Defense 

Federal Acquisition Regulation Supplement. 

(b) The Contractor shall include the 

substance of this clause, including this 

paragraph (b), in all subcontracts. 

(End of clause) 

[FR Doc. 2013–23768 Filed 9–27–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 206, 212, 225, and 252 

RIN 0750–AH98 

Defense Federal Acquisition 

Regulation Supplement: Acquisitions 

in Support of Operations in 

Afghanistan (DFARS Case 2013–D009) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59855 

SUMMARY: DoD is issuing an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement two sections of 

the National Defense Authorization Act 

for Fiscal Year 2013 that require 

compliance with domestic source 

restrictions in the case of any textile 

components supplied by DoD to the 

Afghan National Army or the Afghan 

National Police for purposes of 

production of uniforms, and eliminate 

the application of the enhanced 

authority to acquire products and 

services from Iraq. 

DATES: Effective Date: September 30, 

2013. 

Comment Date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before November 29, 2013, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D009, 

using any of the following methods: 

Æ Regulations.gov: http://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2013–D009’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D009.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2013– 

D009’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2013–D009 in the subject 

line of the message. 

Æ Fax: 703–602–0350. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy G. 

Williams, 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: Ms. 

Amy G. Williams, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP/DARS, Room 3B855, 3060 

Defense Pentagon, Washington, DC 

20301–3060. Telephone 571–372–6106; 

facsimile 571–372–6089. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This interim rule revises the DFARS 

to implement sections 826 and 842 of 

the National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2013 (Pub. 

L. 112–239). 

Section 826 requires compliance with 

10 U.S.C. 2533a (the Berry Amendment) 

in the case of any textile components 

supplied by DoD to the Afghan National 

Army or the Afghan National Police for 

purposes of production of uniforms. The 

law further states that no exception or 

exemptions under that section shall 

apply. 

Section 842 modifies section 886 of 

the NDAA for FY 2008 (Pub. L. 110– 

181), which provided enhanced 

authority to acquire products and 

services from Iraq and Afghanistan in 

support of operations in Iraq or 

Afghanistan. Section 842 eliminates 

application of the enhanced authority to 

acquisition of products and services 

from Iraq. 

II. Discussion and Analysis 

A. Revisions to DFARS Subpart 225.77 

and Associated Provisions and Clauses 

This interim rule amends the scope of 

subpart 225.77 to reflect 

implementation of sections 826 and 842 

of the National Defense Authorization 

Act for FY 2013 (Pub. L. 112–239). 

1. Section 842 

This interim rule amends the title of 

subpart 225.77 to apply only to 

operations in Afghanistan, and deletes 

application of the policies and 

procedures of that subpart to products 

and services from Iraq. 

At 225.7702 (now redesignated 

225.7702–1), DoD has deleted the 

references to the Army of Iraq, the Iraqi 

Police Forces, and other Iraqi security 

organizations. Although there was no 

change to section 892 of the NDAA for 

FY 2008, Competition for Procurement 

of Small Arms Supplied to Iraq and 

Afghanistan, there is no longer a need 

for this coverage relating to Iraq in the 

DFARS. DoD does not buy small arms 

for any of these Iraqi organizations and 

the enhanced authority to buy items in 

support of operations in Iraq no longer 

exists. 

This interim rule deletes the reporting 

requirements at section 225.7703–4 (and 

redesignates 225.7703–5 as 225.7703–4). 

The statutory requirement to report on 

acquisitions using the methods in this 

section expired at the end of FY 2009. 

With regard to associated provisions 

and clauses, DoD has deleted Alternate 

I of DFARS 252.225–7021, Trade 

Agreements; and DFARS 252.225–7022, 

Trade Agreements Certificate— 

Inclusion of Iraqi End Products, because 

this clause and provision were only 

necessary to allow the acquisition of 

Iraqi end products when trade 

agreements applied to the acquisition. 

DFARS 252.225–7023, Preference for 

Products or Services from Iraq or 

Afghanistan; DFARS 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan; and DFARS 

252.225–7026, Acquisition Restricted to 

Products or Services from Iraq or 

Afghanistan, have been modified to 

delete enhanced authority relating to 

acquisitions of products or services from 

of Iraq. 

2. Section 826 

This interim rule adds a new section 

at 225.7702–2 to state the requirement 

that any textile components supplied by 

DoD to the Afghan National Army or the 

Afghan National Police for purpose of 

production of uniforms shall be 

produced in the United States. 

DFARS 225.7703–4(d) prescribes the 

use of a new clause at DFARS 252.225– 

7029, Acquisition of Uniform 

Components for Afghan Military or 

Afghan National Police, in solicitations 

and contracts for the acquisition of any 

textile components that DoD intends to 

supply to the Afghan National Army or 

the Afghan National Police for purposes 

of production of uniforms. 

The new clause at DFARS 252.225– 

7029 defines ‘‘textile component’’ to 

mean any item consisting of fibers, 

yarns, or fabric, supplied for 

incorporation into a uniform or a 

component of a uniform. It does not 

include items that do not contain fibers, 

yarns, or fabric, such as the metallic or 

plastic elements of buttons, zippers, or 

other clothing fasteners. There is a 

cross-reference to this definition added 

at DFARS 225.7701. 

The clause also states that there are no 

exceptions or waivers to the 

requirement that the contractor shall 

deliver under this contract only textile 

components that have been produced in 

the United States. 

B. Other Conforming Changes 

In addition to the changes in DFARS 

subpart 225.77 and the associated 

provisions and clauses, conforming 

changes were also required at DFARS 

206.303–70, 212.301, 225.401, 225.502, 

225.1101, 225.7501, and the clause 

prefaces of 252.225–7032, 252.225– 

7033, 252.225–7035, and 252.225–7036. 

mstockstill on DSK4VPTVN1PROD with RULES

59856 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 

III. Applicability to Acquisition of 

Commercial Items and Acquisitions Not 

Greater Than the Simplified 

Acquisition Threshold 

Section 826 states that 10 U.S.C. 

2533a shall apply, and no exceptions or 

exemptions under that section shall 

apply. 10 U.S.C. 2533a (the Berry 

Amendment) specifically states in 

paragraph (i) that the statute is 

applicable to contracts and subcontracts 

for the procurement of commercial 

items, notwithstanding section 1906 of 

title 41. It does not specifically mention 

41 U.S.C. 1907, which addresses 

applicability to commercially available 

off-the-shelf (COTS) items. However, 

most of the items restricted by the Berry 

Amendment are COTS items, and the 

application of the Berry Amendment in 

the DFARS has not included any 

exception for COTS items. Although 

paragraph (h) of the Berry Amendment 

provides an exception for purchases in 

amounts not greater than the simplified 

acquisition threshold, section 826 

requires application to acquisitions not 

greater than the simplified acquisition 

threshold, because it states that none of 

the Berry Amendment exceptions apply. 

IV. 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. 

V. Regulatory Flexibility Act 

DoD does not expect this rule to have 

a significant economic impact on a 

substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. 

However, an initial regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

This initial regulatory flexibility 

analysis has been prepared consistent 

with 5 U.S.C. 603. This rule implements 

sections 826 and 842 of the National 

Defense Authorization Act for FY 2013 

(Pub. L. 112–239). 

The objective of the rule is to (1) 

require compliance with domestic 

source restrictions in the case of any 

textile components supplied by DoD to 

the Afghan National Army or the 

Afghan National Police for purposes of 

production of uniforms, and (2) 

eliminate the application of the 

enhanced authority to acquire products 

and services from Iraq. The legal basis 

is the above-cited statutes. 

The number of small entities to be 

affected by the rule is not known. The 

rule has the potential to impact entities 

that manufacture textile components, if 

purchased by DoD to supply to the 

Afghan National Army or the Afghan 

National Police for purposes of 

production of uniforms. Any impact is 

expected to be beneficial, because it will 

require purchase from a domestic 

source. 

There are no projected reporting, 

recordkeeping, or other compliance 

requirements. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. 

DoD was unable to identify any 

significant alternatives consistent with 

the stated objectives of the statute. DoD 

does not anticipate any significant 

economic impact on small entities. Any 

impact is expected to be beneficial. 

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 2013–D009), in 

correspondence. 

V. Paperwork Reduction Act 

The rule contains information 

collection requirements that require the 

approval of the Office of Management 

and Budget under the Paperwork 

Reduction Act (44 U.S.C. chapter 35); 

however, these changes to the DFARS 

do not impose additional information 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0229, 

entitled Defense Federal Acquisition 

Regulation Supplement; Part 225 and 

Related Clauses (Total approved burden 

hours—57,135). 

VI. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to promulgate this interim rule without 

prior opportunity for public comment. 

This action is necessary because 

sections 826 and 842 of the NDAA for 

FY 2013 were effective upon enactment 

(January 2, 2013). If implementation is 

delayed— 

• Contracting officers may be 

unaware that the existing exceptions to 

the Berry Amendment no longer apply 

in the case of DoD purchase of textile 

components to be supplied to the 

Afghan National Army or the Afghan 

National Police for purpose of 

production of uniforms. This may result 

in purchases of foreign textile 

components in violation of the law. 

• Contracting officers may 

erroneously provide a preference for the 

products or services of Iraq, without 

statutory authority. This will detract 

from the efforts to appropriately use the 

enhanced authority to acquire products 

and services from Afghanistan and the 

Central Asian states in support of 

operations in Afghanistan. 

The Commander, United States 

Central Command (USCENTCOM), has 

advised that procuring products or 

services from the Central Asian states to 

meet Operation ENDURING FREEDOM 

requirements is critical to U.S. efforts to 

gain access and permissions for 

supporting current and future 

operations in, to, and from Afghanistan. 

USCENTCOM also advises that 

procurements in the Central Asian states 

support the USCENTCOM Theater 

Campaign Plan and International 

Security Assistance Force Civil Military 

Campaign Plan, as well as long-term 

economic development and stability in 

the region. 

However, pursuant to 41 U.S.C. 1707 

and FAR 1.501–3(b), DoD will consider 

public comments received in response 

to this interim rule in the formation of 

the final rule. 

List of Subjects in 48 CFR Parts 206, 

212, 225, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 206, 212, 225, 

and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 206, 212, 225, and 252 continues 

to read as follows: 

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

Chapter 1. 

PART 206—COMPETITION 

REQUIREMENTS 

■ 2. Section 206.303–70 is amended by 

revising the section heading the section 

heading to read as follows: 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59857 

206.303–70 Acquisitions in support of 

operations in Afghanistan. 

* * * * * 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. Section 212.301 is amended by— 

■ a. Revising paragraph (f)(xxvi); 

■ b. Removing paragraph (f)(xxvii) and 

redesignating paragraphs (f)(xxviii) 

through (xxxii) as paragraphs (xxvii) 

through (xxxi); 

■ c. Revising newly redesignated 

paragraphs (f)(xxvii) through (xxix); 

■ d. Adding a new paragraph (f)(xxxii); 

and 

■ e. Revising paragraphs (f)(xxxiv) and 

(xxxv). 

The revisions and addition are as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xxvi) Use the clause at 252.225–7021, 

Trade Agreements to comply with 19 

U.S.C. 2501–2518 and 19 U.S.C. 3301 

note. 

(A) Use the basic clause as prescribed 

in 225.1101(6)(i). 

(B) Use the clause with its Alternate 

II as prescribed in 225.1101(6)(ii). 

(xxvii) Use the provision at 252.225– 

7023, Preference for Products or 

Services from Afghanistan, as 

prescribed in 225.7703–4(a), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxviii) Use the clause at 252.225– 

7024, Requirement for Products or 

Services from Afghanistan, as 

prescribed in 225.7703–4(b), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxix) Use the clause at 252.225–7026, 

Acquisition Restricted to Products or 

Services from Afghanistan, as 

prescribed in 225.7703–4(c), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

* * * * * 

(xxxii) Use the clause at 252.225– 

7029, Acquisition of Uniform 

Components for Afghan Military or 

Afghan National Police, as prescribed in 

225.7703–4(d). 

* * * * * 

(xxxiv) Use the provision at 252.225– 

7035, Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate, to comply with 41 

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

note. Alternates II, III, and V also 

implement section 886 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(A) Use the basic provision as 

prescribed in 225.1101(9)(i). 

(B) Use the provision with its 

Alternate I as prescribed in 

225.1101(9)(ii). 

(C) Use the provision with its 

Alternate II as prescribed in 

225.1101(9)(iii). 

(D) Use the provision with its 

Alternate III as prescribed in 

225.1101(9)(iv). 

(E) Use the provision with its 

Alternate IV as prescribed in 

225.1101(9)(v). 

(F) Use the provision with its 

Alternate V as prescribed in 

225.1101(9)(vi). 

(xxxv) Use the clause at 252.225– 

7036, Buy American—Free Trade 

Agreements—Balance of Payments 

Program to comply with 41 U.S.C. 

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

Alternates II, III, and V also implement 

section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(A) Use the basic clause as prescribed 

in 225.1101(10)(i)(A). 

(B) Use the clause with its Alternate 

I as prescribed in 225.1101(10)(i)(B). 

(C) Use the clause with its Alternate 

II as prescribed in 225.1101(10)(i)(A). 

(D) Use the clause with its Alternate 

III as prescribed in 225.1101(10)(i)(B). 

(E) Use the clause with its Alternate 

IV as prescribed in 225.1101(10)(i)(C). 

(F) Use the clause with its Alternate 

V as prescribed in 225.1101(10)(i)(C). 

* * * * * 

PART 225—FOREIGN ACQUISITION 

■ 4. Section 225.401–71 is revised as 

follows: 

225.401–71 Products or services in 

support of operations in Afghanistan. 

When acquiring products or services, 

other than small arms, in support of 

operations in Afghanistan, if using a 

procedure specified in 225.7703–1(a)(2) 

or (3), the procedures of subpart 25.4 are 

not applicable. 

225.502 [Amended] 

■ 5. Section 225.502(c)(iv) is amended 

by removing the words ‘‘Iraq or’’. 

225.1101 [Amended] 

■ 6. Section 225.1101 is amended by— 

■ a. Removing in paragraph (5)(i) the 

phrase ‘‘Except as provided in 

paragraph (7) of this section, use’’ and 

adding in its place ‘‘Use’’; 

■ b. Removing paragraph (6)(ii) and 

redesignating paragraphs (6) (iii) 

through (v) as paragraphs (6)(ii) through 

(iv); 

■ c. In redesignated paragraph (6)(ii), 

removing the phrase ‘‘and Alternate I is 

not applicable’’; 

■ d. In redesignated paragraph 

(6)(iii)(B), removing the words ‘‘Iraq or’’; 

■ e. Removing paragraph (7) and 

redesignating paragraphs (8) through 

(11) as paragraphs (7) through (10). 

■ f. In redesignated paragraph (10)(i), 

removing the phrase ‘‘paragraph 

(11)(ii)’’ and adding in its place 

‘‘paragraph (10)(ii)’’. 

225.7501 [Amended] 

■ 6. Section 225.7501(a)(5) is amended 

by removing the words ‘‘Iraq or’’. 

Subpart 225.77 Acquisitions in Support 

of Operations in Afghanistan 

■ 7. Subpart 225.77 heading is revised 

to read as set forth above. 

■ 8. Section 225.7700 is revised to read 

as follows: 

225.7700 Scope. 

This subpart implements— 

(a) Section 892 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181); 

(b) Section 886 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181), as 

amended by section 842 of the National 

Defense Authorization Act for Fiscal 

Year 2013 (Pub. L. 112–239); 

(c) Section 826 of the National 

Defense Authorization Act for Fiscal 

Year 2013 (Pub. L. 112–239); and 

(d) The determinations by the Deputy 

Secretary of Defense regarding 

participation of the countries of the 

South Caucasus or Central and South 

Asia in acquisitions in support of 

operations in Afghanistan. 

■ 9. Section 225.7701 is revised to read 

as follows: 

225.7701 Definitions. 

As used in this subpart— 

Product from Afghanistan means a 

product that is mined, produced, or 

manufactured in Afghanistan. 

Service from Afghanistan means a 

service including construction that is 

performed in Afghanistan 

predominantly by citizens or permanent 

resident aliens of Afghanistan. 

Small arms means pistols and other 

weapons less than 0.50 caliber. 

Source from Afghanistan means a 

source that— 

(1) Is located in Afghanistan; and 

(2) Offers products or services from 

Afghanistan. 

Textile component is defined in the 

clause at 252.225–7029, Acquisition of 

Uniform Components for Afghan 

Military or Afghan National Police. 

mstockstill on DSK4VPTVN1PROD with RULES

59858 Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 

225.7702 [Redesignated as 225.7702–1] 

■ 10a. Redesignate section 225.7702 as 

225.7702–1. 

■ 10b. Add a new section 225.7702 

heading to read as follows: 

225.7702 Acquisitions not subject to the 

enhanced authority to acquire products or 

services from Afghanistan. 

225.7702–1 [Amended] 

■ 10c. In redesignated section 

225.7702–1(a), remove the phrases ‘‘the 

Army of Iraq,’’, ‘‘the Iraqi Police 

Forces,’’ and ‘‘Iraqi or’’. 

■ 10d. Add a new section 225.7702–2 to 

read as follows: 

225.7702–2 Acquisition of uniform 

components for the Afghan military or the 

Afghan police. 

Any textile components supplied by 

DoD to the Afghan National Army or the 

Afghan National Police for purpose of 

production of uniforms shall be 

produced in the United States. 

■ 11. Section 225.7703 heading is 

revised to read as follows: 

225.7703 Enhanced authority to acquire 

products or services from Afghanistan. 

225.7703–1 [Amended] 

■ 12. Section 225.7703–1 is amended— 

■ a. In paragraph (a) introductory text by 

adding the phrase ‘‘except as provided 

in 225.7702,’’ after ‘‘225.7703–2,’’, 

removing the phrases ‘‘, other than 

small arms,’’ and ‘‘Iraq or’’, and 

removing the comma after 

‘‘Afghanistan’’; 

■ b. In paragraph (a)(1) by removing the 

words ‘‘Iraq or’’; 

■ c. In paragraph (a)(2) by removing the 

words ‘‘Iraq or’’; and 

■ d. In paragraph (a)(3) by removing the 

words ‘‘Iraq or’’. 

225.7703–2 [Amended] 

■ 13. Section 225.7703–2 is amended— 

■ a. In paragraph (a) introductory text by 

removing the words ‘‘Iraq or’’; 

■ b. In paragraph (a)(1) by removing the 

words ‘‘Iraq or’’; 

■ c. In paragraph (b) introductory text 

by removing the words ‘‘Iraq or’’; 

■ d. In paragraph (b)(1)(i) by removing 

the words ‘‘Iraq or’’; 

■ e. In paragraph (b)(1)(ii)(A) by 

removing the words ‘‘Iraq or’’; and 

■ f. By revising paragraph (b)(2)(ii)(E) to 

read as follows: 

25.7703–2 Determination requirements. 

* * * * * 

(b) * * * 

(2) * * * 

(ii) * * * 

(E) Commander of the United States 

Central Command Joint Theater Support 

Contracting Command (C–JTSCC). 

* * * * * 

■ 14. Section 225.7703–3 is revised as 

follows: 

225.7703–3 Evaluating offers. 

Evaluate offers submitted in response 

to solicitations that include the 

provision at 252.225–7023, Preference 

for Products or Services from 

Afghanistan, as follows: 

(a) If the low offer is an offer of a 

product or service from Afghanistan, 

award on that offer. 

(b) If there are no offers of a product 

or service from Afghanistan, award on 

the low offer. 

(c) Otherwise, apply the evaluation 

factor specified in the solicitation to the 

low offer. 

(1) If the price of the low offer of a 

product or service from Afghanistan is 

less than the evaluated price of the low 

offer, award on the low offer of a 

product or service from Afghanistan. 

(2) If the evaluated price of the low 

offer remains less than the low offer of 

a product or service from Afghanistan, 

award on the low offer. 

(d) For acquisitions in support of 

USCENTCOM, see PGI 225.7703–3. 

225.7703–4 [Removed] 

■ 15a. Section 225.7703–4 is removed. 

■ 15b. Section 225.7703–5 is 

redesignated as 225.7703–4 and revised 

as follows: 

225.7703–4 Solicitation provisions and 

contract clauses. 

(a) Use the provision at 252.225–7023, 

Preference for Products or Services from 

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 

Afghanistan in accordance with 

225.7703–1(a)(1). The contracting officer 

may modify the 50 percent evaluation 

factor in accordance with contracting 

office procedures. 

(b) Use the clause at 252.225–7024, 

Requirement for Products or Services 

from 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 

Afghanistan, and in the resulting 

contract. 

(c) Use the clause at 252.225–7026, 

Acquisition Restricted to Products or 

Services from Afghanistan, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that— 

(1) Are restricted to the acquisition of 

products or services from Afghanistan 

in accordance with 225.7703–1(a)(2); or 

(2) Will be directed to a particular 

source or sources from Afghanistan in 

accordance with 225.7703–1(a)(3). 

(d) Use the clause at 252.225–7029, 

Acquisition of Uniform Components for 

Afghan Military or Afghan National 

Police, in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, for the 

acquisition of any textile components 

that DoD intends to supply to the 

Afghan National Army or the Afghan 

National Police for purposes of 

production of uniforms. 

(e) When the Trade Agreements Act 

applies to the acquisition, use the 

appropriate clause and provision as 

prescribed at 225.1101 (5) and (6). 

(f) Do not use any of the following 

provisions or clauses in solicitations or 

contracts that include the provision at 

252.225–7023, the clause at 252.225– 

7024, or the clause at 252.225–7026: 

(1) 252.225–7000, Buy American 

Act—Balance of Payments Program 

Certificate. 

(2) 252.225–7001, Buy American Act 

and Balance of Payments Program. 

(3) 252.225–7002, Qualifying Country 

Sources as Subcontractors. 

(4) 252.225–7035, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program Certificate. 

(5) 252.225–7036, Buy American 

Act—Free Trade Agreements—Balance 

of Payments Program. 

(6) 252.225–7044, Balance of 

Payments Program—Construction 

Material. 

(7) 252.225–7045, Balance of 

Payments Program—Construction 

Material Under Trade Agreements. 

(g) Do not use the following clause or 

provision in solicitations or contracts 

that include the clause at 252.225–7026: 

(1) 252.225–7020, Trade Agreements 

Certificate. 

(2) 252.225–7021, Trade Agreements. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7021 [Amended] 

■ 16. Section 252.225–7021 is 

amended— 

■ a. By removing and reserving 

Alternate I; and 

■ b. In Alternate II, by removing in the 

introductory text ‘‘225.1101(6)(iii)’’ and 

adding in its place ‘‘225.1101(6)(ii)’’. 

mstockstill on DSK4VPTVN1PROD with RULES

Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations 59859 

252.225–7022 [Removed and Reserved] 

■ 17. Section 252.225–7022 is removed 

and reserved. 

■ 18. Section 252.225–7023 is revised to 

read as follows: 

252.225–7023 Preference for Products or 

Services from Afghanistan. 

As prescribed in 225.7703-4(a), use 

the following provision: 

Preference for Products or Services 

From Afghanistan (SEP 2013) 

(a) Definitions. ‘‘Product from 

Afghanistan’’ and ‘‘service from 

Afghanistan,’’ as used in this provision, are 

defined in the clause of this solicitation 

entitled ‘‘Requirement for Products or 

Services from Afghanistan’’ (DFARS 

252.225–7024). 

(b) Representation. The offeror represents 

that all products or services to be delivered 

under a contract resulting from this 

solicitation are products from Afghanistan or 

services from Afghanistan, except those 

listed in— 

(1) Paragraph (c) of this provision; or 

(2) Paragraph (c)(2) of the provision 

entitled ‘‘Trade Agreements Certificate,’’ if 

included in this solicitation. 

(c) Other products or services. The 

following offered products or services are not 

products from Afghanistan or services from 

Afghanistan: 

(Line Item Number) (Country of Origin) 

(d) Evaluation. For the purpose of 

evaluating competitive offers, the Contracting 

Officer will increase by 50 percent the prices 

of offers of products or services that are not 

products or services from Afghanistan. 

(End of provision) 

■ 19. Section 252.225–7024 is revised to 

read as follows: 

252.225–7024 Requirement for Products or 

Services from Afghanistan. 

As prescribed in 225.7703-4(b), use 

the following clause: 

Requirement for Products or Services 

From Afghanistan (SEP 2013) 

(a) Definitions. As used in this clause— 

(1) ‘‘Product from Afghanistan’’ means a 

product that is mined, produced, or 

manufactured in Afghanistan. 

(2) ‘‘Service from Afghanistan’’ means a 

service including construction that is 

performed in Afghanistan predominantly by 

citizens or permanent resident aliens of 

Afghanistan. 

(b) The Contractor shall provide only 

products from Afghanistan or services from 

Afghanistan under this contract, unless, in its 

offer, it specified that it would provide 

products or services other than products from 

Afghanistan or services from Afghanistan. 

(End of clause) 

■ 20. Section 252.225–7026 is revised to 

read as follows: 

252.225–7026 Acquisition Restricted to 

Products or Services from Afghanistan. 

As prescribed in 225.7703-4(c), use 

the following clause: 

Acquisition Restricted to Products or 

Services From Afghanistan (SEP 2013) 

(a) Definitions. As used in this clause— 

(1) ‘‘Product from Afghanistan’’ means a 

product that is mined, produced, or 

manufactured in Afghanistan. 

(2) ‘‘Service from Afghanistan’’ means a 

service including construction that is 

performed in Afghanistan predominantly by 

citizens or permanent resident aliens of 

Afghanistan. 

(b) The Contractor shall provide only 

products from Afghanistan or services from 

Afghanistan under this contract. 

(End of clause) 

■ 21. Section 252.225–7029 is added to 

read as follows: 

252.225–7029 Acquisition of Uniform 

Components for Afghan Military or Afghan 

National Police. 

As prescribed in 225.7703–4(d), use 

the following clause: 

Acquisition of Uniform Components for 

the Afghan Military or the Afghan 

National Police (SEP 2013) 

(a) Definitions. As used in this clause— 

‘‘Textile component’’ means any item 

consisting of fibers, yarns, or fabric, supplied 

for incorporation into a uniform or a 

component of a uniform. It does not include 

items that do not contain fibers, yarns, or 

fabric, such as the metallic or plastic 

elements of buttons, zippers, or other 

clothing fasteners. 

‘‘United States’’ means the 50 States, the 

District of Columbia, and outlying areas. 

(b) As required by section 826 of the 

National Defense Authorization Act for Fiscal 

Year 2013 (Pub. L. 112–239), the Contractor 

shall deliver under this contract only textile 

components that have been produced in the 

United States. 

(c) There are no exceptions or waivers to 

this requirement. 

(End of clause) 

252.225–7032 [Amended] 

■ 22. In section 252.225–7032, the 

introductory text is amended by 

removing ‘‘225.1101(8)’’ and adding in 

its place ‘‘225.1101(7)’’. 

252.225–7033 [Amended] 

■ 23. In section 252.225–7033, the 

introductory text is amended by 

removing ‘‘225.1101(9)’’ and adding in 

its place ‘‘225.1101(8)’’. 

252.225–7035 [Amended] 

■ 24. Section 252.225–7035 is amended 

by— 

■ a. Removing ‘‘225.1101(10)(i)’’ in the 

introductory text and adding in its place 

‘‘225.1101(9)(i)’’; 

■ b. In Alternate I, removing 

‘‘225.1101(10)(ii)’’ in the introductory 

text and adding in its place 

‘‘225.1101(9)(ii)’’; 

■ c. In Alternate II, removing 

‘‘225.1101(10)(iii)’’ in the introductory 

text and adding in its place 

‘‘225.1101(9)(iii)’’; 

■ d. In Alternate III, removing 

‘‘225.1101(10)(iv)’’ in the introductory 

text and adding in its place 

‘‘225.1101(9)(iv)’’; 

■ e. In Alternate IV, removing 

‘‘225.1101(10)(v)’’ in the introductory 

text and adding in its place 

‘‘225.1101(9)(v)’’; and 

■ f. In Alternate V, removing 

‘‘225.1101(10)(vi)’’ in the introductory 

text and adding in its place 

‘‘225.1101(9)(vi)’’. 

252.225–7036 [Amended] 

■ 25. Section 252.225–7036 is amended 

by— 

■ a. Removing ‘‘225.1101(11)(i)(A)’’ in 

the introductory text and adding in its 

place ‘‘225.1101(10)(i)(A)’’; 

■ b. In Alternate I, removing 

‘‘225.1101(11)(i)(B)’’ in the introductory 

text and adding in its place 

‘‘225.1101(10)(i)(B)’’; 

■ c. In Alternate II, removing 

‘‘225.1101(11)(i)(A)’’ in the introductory 

text and adding in its place 

‘‘225.1101(10)(i)(A)’’; 

■ d. In Alternate III, removing 

‘‘225.1101(11)(i)(B)’’ in the introductory 

text and adding in its place 

‘‘225.1101(10)(i)(B)’’; 

■ e. In Alternate IV, removing 

‘‘225.1101(11)(i)(C)’’ in the introductory 

text and adding in its place 

‘‘225.1101(10)(i)(C)’’; and 

■ f. In Alternate V, removing 

‘‘225.1101(11)(i)(C)’’ in the introductory 

text and adding in its place 

‘‘225.1101(10)(i)(C)’’. 

[FR Doc. 2013–23743 Filed 9–27–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 216 and 252 

RIN 0750–AI04 

Defense Federal Acquisition 

Regulation Supplement: Allowability of 

Legal Costs for Whistleblower 

Proceedings (DFARS Case 2013–D022) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule. 

mstockstill on DSK4VPTVN1PROD with RULES