Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 28793 

CONTRACTOR FORWARD PRICING RATE PROPOSAL ADEQUACY CHECKLIST—Continued 

References Submission item Proposal page 

No. 

If not provided 

EXPLAIN 

(may use continuation 

pages) 

Cost of Money (COM) 

24. FAR 15.408, Table 15–2, Section 

II.F.

Are Cost of Money rates submitted on Form CASB–CMF, 

with the Treasury Rate used to compute COM identified 

and a summary of the net book value of assets, identified as distributed & non-distributed? 

25. DFARS 252.215–7002(d)(4)(iv) ...... Does the proposal identify the support for the Form 

CASB–CMF, for example, the underlying reports and 

records supporting the net book value of assets contained in the form? 

OTHER 

26. DFARS 252.215–7002(d)(4)(xiii) .... Does the proposal include a comparison of prior forecasted costs to actual results in the same format as the 

proposal and an explanation/analysis of any differences? 

27. DFARS 252.215–7002(d)(4)(xiv) .... If this is a revision to a previous rate proposal or an FPRA, 

does the new proposal provide a summary of the 

changes in the circumstances or the facts that the contractor asserts require the change to the rates? 

[FR Doc. 2013–11402 Filed 5–15–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AH84 

Defense Federal Acquisition 

Regulation Supplement: Preparation of 

Letter of Offer and Acceptance (DFARS 

Case 2012–D048) 

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 

address the contracting officer role in 

assisting the DoD implementing agency 

in preparation of the letter of offer and 

acceptance for a foreign military sales 

program that will require an acquisition. 

DATES: Comment Date: Comments on 

the proposed rule should be submitted 

in writing to the address shown below 

on or before July 15, 2013, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2012–D048, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D048’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D048.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D048’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D048 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

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 Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend DFARS 

225.7302 to revise and move the text at 

PGI 225.7302(1) into the DFARS, 

because of potential impact on 

contractors. 

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 

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, DoD has prepared an Initial 

Regulatory Flexibility Analysis, which 

is summarized as follows: 

This action is necessary because the 

directions to the contracting officer at 

PGI 225.7302(1) may have impact on 

prospective contractors, and therefore 

require relocation to the DFARS. 

The objective of this rule is to provide 

direction to the contracting officer on 

actions required to work with the 


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28794 Federal Register / Vol. 78, No. 95 / Thursday, May 16, 2013 / Proposed Rules 

prospective contractor to assist the DoD 

implementing activity in preparing the 

letter of offer and acceptance for a 

foreign military sales program that 

requires an acquisition. The legal basis 

for the rule is 41 U.S.C. 1303. 

The rule will apply to approximately 

380 small entities, based on the FPDS 

data for FY 2011 of the number of 

noncompetitive contract awards to 

small business entities that exceed 

$10,000 and use FMS funds. 

There is no required reporting or 

recordkeeping. The rule requires the 

contracting officer to communicate with 

prospective FMS contractors in order to 

assist the DoD implementing agency in 

preparation of the letter of offer and 

acceptance. The contracting officer may 

request information on price, delivery, 

and other relevant factors, and provide 

information to the prospective 

contractor with regard to the FMS 

customer. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. DoD does not expect the rule will 

have a significant economic impact on 

a significant number of small entities. 

No significant alternatives were 

identified that would accomplish the 

objectives of the proposed 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 the 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 2012–D048), in 

correspondence. 

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 Part 225 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 48 

CFR part 225 as follows: 

PART 225—CONTRACTING BY 

NEGOTIATION 

■ 1. The authority citation for part 225 

continues to read as follows: 

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

chapter 1. 

■ 2. Revise section 225.7302 to read as 

follows: 

225.7302 Preparation of letter of offer and 

acceptance. 

For FMS programs that will require an 

acquisition, the contracting officer shall 

assist the DoD implementing agency 

responsible for preparing the Letter of 

Offer and Acceptance (LOA) by— (1) Working with prospective 

contractors to— 

(i) Identify, in advance of the LOA, 

any unusual provisions or deviations 

(such as those requirements for Pseudo 

LOAs identified at PGI 225.7301); 

(ii) Advise the contractor if the DoD 

implementing agency expands, 

modifies, or does not accept any key 

elements of the prospective contractor’s 

proposal; (iii) Identify any logistics support 

necessary to perform the contract (such 

as those requirements identified at PGI 

225.7301); and 

(iv) For noncompetitive acquisitions 

over $10,000, ask the prospective 

contractor for information on price, 

delivery, and other relevant factors. The 

request for information shall identify 

the fact that the information is for a 

potential foreign military sale and shall 

identify the foreign customer; and (2) Working with the DoD 

implementing agency responsible for 

preparing the LOA, as specified in PGI 

225.7302. 

[FR Doc. 2013–11401 Filed 5–15–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 130425406–3406–01] 

RIN 0648–BD26 

Control Date for Qualifying Landings 

History and To Limit Speculative Entry 

Into the Longfin Squid/Butterfish 

Fishery; Mackerel, Squid and 

Butterfish Fishery Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Advance notice of proposed 

rulemaking (ANPR); request for 

comments. 

SUMMARY: At the request of the MidAtlantic Fishery Management Council, 

this notice announces a control date that 

may be applicable, but not limited to, 

qualifying landings history for 

continued access to the longfin squid/ 

butterfish moratorium limited access 

permit program. NMFS intends this 

notice to promote awareness of possible 

rulemaking, alert interested parties of 

potential eligibility criteria for future 

access, and discourage speculative entry 

into and/or investment in the longfin 

squid/butterfish fishery while the MidAtlantic Fishery Management Council 

considers if and how access to the 

longfin squid/butterfish fishery should 

be controlled. 

DATES: May 16, 2013, shall be known as 

the ‘‘control date’’ for the longfin squid/ 

butterfish fishery, and may be used as 

a reference date for future management 

measures related to the maintenance of 

a fishery with characteristics consistent 

with the Council’s objectives and 

applicable Federal laws. Written 

comments must be received on or before 

5 p.m., local time June 17, 2013. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2013–0076 by any of the 

following methods: 

D Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2013- 

0076, click the ‘‘Comment Now!’’ icon, 

complete the required fields, and enter 

or attach your comments. 

D Mail: Submit written comments to 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

Longfin/butterfish Qualification Control 

Date.’’ 

D Fax: (978) 281–9135; Attn: Aja 

Szumylo. 

Instructions: Comments must be 

submitted by one of the above methods 

to ensure that the comments are 

received, documented, and considered 

by NMFS. We may not consider 

comments sent by any other method, to 

any other address or individual, or 

received after the end of the comment 

period. All comments received are a 

part of the public record and will 

generally be posted for public viewing 

on www.regulations.gov without change. 

All personal identifying information 

(e.g., name, address, etc.) submitted 

voluntarily by the sender will be 

publicly accessible. Do not submit 

confidential business information, or 

otherwise sensitive or protected 

information. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). We accept attachments to 

electronic comments only in Microsoft 


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