Vol. 77 Tuesday, 

No. 142 July 24, 2012 

Part III 

Department of Defense 

Defense Acquisition Regulations System 

48 CFR Parts 204, 212, 215 et al. 

Defense Federal Acquisition Regulations; Final Rules and Proposed Rules 


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43470 Federal Register / Vol. 77, No. 142 / Tuesday, July 24, 2012 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective Date: July 24, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ynette Shelkin, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6089; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Adds paragraph (d)(1)(vii) to clause 

252.204–7007, Alternate A, Annual 

Representations and Certifications, 

which was inadvertently removed from 

the Code of Federal Regulations with 

the publication of DFARS Case 2011– 

D048 (77 FR 19128), and makes a 

conforming change to the clause date. 

2. Conforms statutory titles to the new 

Positive Law Codification of Title 41, 

United Sates Code, ‘‘Public Contracts,’’ 

in Alternates IV and V of clause 

252.225–7036, Buy American—Free 

Trade Agreements—Balance of 

Payments Program and makes 

conforming changes to the dates of the 

Alternates, which were inadvertently 

omitted from publication of the final 

rule under DFARS Case 2012–D003 (77 

FR 35879). 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Section 252.204–7007 is 

amended— 

■ a. By removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(JUL 2012)’’ in its 

place; and 

■ b. By adding paragraph (d)(1)(vii) to 

read as follows: 

252.204–7007 Alternate A, Annual 

Representations and Certifications. 

* * * * * 

(d) * * * 

(1) * * * 

(vii) 252.247–7022, Representation of 

Extent of Transportation by Sea. Applies 

to all solicitations except those for 

direct purchase of ocean transportation 

services or those with an anticipated 

value at or below the simplified 

acquisition threshold. 

* * * * * 

252.225–7036 [Amended] 

■ 3. Section 252.225–7036 is amended 

in Alternates IV and V by removing the 

clause date ‘‘(MAY 2012)’’ and adding 

‘‘(JUN 2012)’’ in its place and in 

paragraph (c), by removing ‘‘Act’’. 

[FR Doc. 2012–17586 Filed 7–23–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 215, 225, and 252 

RIN 0750–AH42 

Defense Federal Acquisition 

Regulation Supplement: Contracting 

With the Canadian Commercial 

Corporation (DFARS Case 2011–D049) 

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 clarify the requirements for 

the Canadian Commercial Corporation 

to submit data other than certified cost 

or pricing data. 

DATES: Effective date: July 24, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 76 FR 61296 on 

October 4, 2011. DoD also issued a 

correction to a sentence in the 

Background Summary of the Federal 

Register notice on October 18, 2011, at 

76 FR 64297. One respondent submitted 

public comments in response to the 

proposed rule. 

With some exceptions, as provided at 

DFARS 225.870–1(c), the Canadian 

Commercial Corporation awards and 

administers DoD contracts with 

contractors located in Canada. DoD has 

waived the requirement for the 

Canadian Commercial Corporation and 

its subcontractors to submit certified 

cost or pricing data (see DFARS 

215.403–1(c)(4)(C)). However, the 

purpose of this rule is to clarify that the 

requirement to submit data other than 

certified cost or pricing data has not 

been waived. 

II. Discussion and Analysis 

A. Summary of Significant Changes in 

the Final Rule as a Result of Public 

Comments 

1. DFARS 215.408(5) has been revised 

to raise the threshold for costreimbursement contracts from the 

simplified acquisition threshold to 

$700,000. 

2. DFARS 215.408(5) has also raised 

the level to which the head of the 

contracting activity can delegate 

approval authority for using the 

provision at 252.215–7003 and the 

clause at 252.215–7004 in accordance 

with 215.408(5)(i)(B) and (ii)(B), 

respectively, from one level above the 

contracting officer to two levels above 

the contracting officer. 

3. DFARS 225.870–4(c)(5) and 

252.215–7003 now include the text at 

FAR 15.403–3(a)(4) to notify the 

contracting officer and the offerors that 

in order to be eligible for award, offerors 

must provide data necessary to 

determine that the price is fair and 

reasonable. 

4. The clause at 252.215–7004 has 

been revised to require data other than 

certified cost or pricing data for 

modifications only when they exceed 

the simplified acquisition threshold. 

The contracting officer may modify the 

clause to specify a higher threshold. 

B. Analysis of Public Comments 

1. Use of Domestic Policies, Procedures, 

and Practices 

Comment: The respondent cited the 

Defence Production Sharing Agreement 

of 1956 and the need to apply Canadian 

domestic policies, practices, and 

procedures when conducting price 

analysis on a Canadian supplier. 

Response: Data other than certified 

cost or pricing data can be released in 

line with Canadian laws and 


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