73474 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 3. Amend section 212.301 by— 

■ a. Redesignating— 

■ i. Paragraphs (f)(l) through (lxviii) as 

(f)(lii) through (lxx); 

■ ii. Paragraphs (f)(xii) through (xlix) as 

(f)(xiii) through (l). 

■ b. Adding new paragraphs (f)(xii) and 

(li). 

The additions read as follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(xii) Use the clause at 252.211–7008, 

Use of Government-Assigned Serial 

Numbers, as prescribed in 211.274–6(c). 

* * * * * 

(li) Use the clause at 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, as prescribed in 

232.7004(b). 

* * * * * 

PART 232—CONTRACT FINANCING 

■ 4. In section 232.7004, revise the 

section heading and paragraph (b) to 

read as follows: 

232.7004 Contract clauses. 

* * * * * 

(b) Use the clause at 252.232–7006, 

Wide Area WorkFlow Payment 

Instructions, in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when 252.232–7003 is used and neither 

232.7003(b) nor (c) apply. See PGI 

232.7004 for instructions on completing 

the clause. 

[FR Doc. 2013–29156 Filed 12–5–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AI11 

Defense Federal Acquisition 

Regulation Supplement: Domestically 

Nonavailable Articles—Elimination of 

DoD-Unique List (DFARS Case 2013– 

D020) 

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 

remove the DoD-unique list of 

nonavailable articles because these 

items have been found to be either 

available domestically or are not used 

by DoD. 

DATES: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before February 4, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D020, 

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–D020’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D020.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D020’’ on your attached document. 

Æ Email: dfars@mail.mil. Include 

DFARS Case 2013–D020 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Lee Renna, 

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: Lee 

Renna, Defense Acquisition Regulations 

System, OUSD (AT&L) DPAP/DARS, 

Room 3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6095; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to remove section 225.104 in its 

entirety, because the articles currently 

listed no longer qualify as an exception 

to the Buy American statute (41 U.S.C. 

section 8302(a)), on the basis of their 

nonavailability. 

II. Discussion and Analysis 

DoD has determined that domestic 

aluminum-clad steel wire available in 

the United States meets the two-part test 

used at FAR 25.101(a) to define a 

domestic end product, i.e., this item is 

known to be manufactured in the 

United States and the cost of the 

domestic components in this item 

exceed 50 percent of the sum total cost 

of the components of the product. In 

addition, the domestic sources that 

supply this item are capable of meeting 

50 percent or more of the total U.S. 

Government and nongovernment 

demand, as required by FAR 25.103(1). 

Sperm oil is not used by DoD. Sperm 

oil is obtained from sperm whales, 

which are listed in 50 CFR section 17.11 

as an endangered species; therefore, in 

accordance with the Endangered 

Species Act of 1973 (16 U.S.C. sections 

1531–1544), it is unlawful to engage in 

any activity that could bring harm to 

these animals. It is possible to obtain 

‘‘pre-Act’’ sperm oil, i.e., sperm oil, 

including derivatives thereof, which 

was lawfully held within the United 

States on or before December 28, 1973; 

however, as previously stated, DoD does 

not use this product in any application. 

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 is removing the 

DoD-unique list of nonavailable articles 

that have been found to be either 

available domestically or are not used 

by DoD. Of the two items on the list, 

aluminum-clad steel is produced and 

available in the United States, and DoD 

does not use sperm oil. However, an 

initial regulatory flexibility analysis has 

been performed and is summarized as 

follows: 


emcdonald on DSK67QTVN1PROD with PROPOSALS
Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Proposed Rules 73475 

(1) The removal of the nonavailability 

exception to the Buy American statute 

for aluminum-clad steel wire will 

neither increase nor decrease small 

businesses’ participation in future 

procurements, particularly with regard 

to set-asides under the Small Business 

Program. This conclusion is primarily 

attributed to the application of the 

nonmanufacturer rule. Under the 

nonmanufacturer rule, any small 

business concern proposing to furnish a 

product that it did not itself 

manufacture must furnish the product 

of a domestic small business 

manufacturer. However, in industries 

where the Small Business 

Administration (SBA) has determined 

there are no domestic small business 

manufacturers, SBA may issue a waiver 

to the nonmanufacturer rule to permit 

small businesses to provide any firm’s 

product (see FAR 19.102(f)(7)). 

Reinstatement of the Buy American 

statute restrictions has no effect on the 

application of the nonmanufacturer 

rule. 

(2) With respect to the procurement of 

sperm oil, DoD does not use this 

product in any application. As such, a 

discussion of future procurement 

opportunities for this substance is no 

longer relevant. 

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. 

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–D020), in 

correspondence. 

V. Paperwork Reduction Act 

This 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, 48 CFR part 225 is 

proposed to be amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

part 225 continues to read as follows: 

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

chapter 1. 

225.104 [Removed] 

■ 2. Remove section 225.104. 

[FR Doc. 2013–29154 Filed 12–5–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 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: Proposed rule. 

SUMMARY: DoD is proposing to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

create an overarching prescription for 

the research and development-related 

clause with an alternate. The rule also 

proposes to add a separate prescription 

for the basic clause and for the alternate, 

and to include in the regulation the full 

text of the alternate clause. 

DATES: Comment date: Comments on the 

proposed rule should be submitted in 

writing to the address shown below on 

or before February 4, 2014, to be 

considered in the formation of a final 

rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D026, 

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–D026’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D026.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D026’’ on your attached document. 

Æ Email: dfars@mail.mil. Include 

DFARS Case 2013–D026 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: (Ms. Annette 

Gray, 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. 

Annette Gray, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6093; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

In order to facilitate use of automated 

contract writing systems, DoD is 

processing multiple cases, by DFARS 

part, to modify the naming convention 

for clauses with alternates, revise the 

clause prescriptions and clause 

prefaces, and provide each alternate 

clause in full text in the regulation. 

The inclusion of the full text of the 

alternate clause in the regulation should 

make the terms of the alternate clearer 

to contractors and to DoD contracting 

officers. The current convention for 

alternate clauses is to show only the 

paragraphs that differ from from the 

basic clause. Placing the alternate clause 

in full text in the regulation will clarify 

paragraph substitutions. As a result, 

inapplicable paragraphs from the basic 

clause that are superseded by the 

alternate will not be included in 

solicitations or contracts, reducing the 

potential for confusion. 

II. Discussion and Analysis 

This proposed rule addresses clause 

252.235–7003, Frequency 

Authorization, and its alternate. The 

rule does not revise the prescriptions in 

any substantive way or change the 

applicability of the basic clause or the 

alternate. The rule proposes to make the 

following changes: 

• Amend section 235.072, Additional 

Contract Clauses, to reflect the 

restructuring of 252.235–7003, 

Frequency Authorization, into basic and 

alternate clauses with corresponding 

distinctive clause prescriptions for each 

clause. The new basic clause title is 

‘‘Frequency Authorization—Basic’’. 

Similarly, the title of the alternate 


emcdonald on DSK67QTVN1PROD with PROPOSALS