73234 Federal Register / Vol. 88, No. 205 / Wednesday, October 25, 2023 / Rules and Regulations 

subject to the Paperwork Reduction Act 

of 1995, Public Law 104–13. In addition, 

therefore, it does not contain any 

proposed information collection burden 

‘‘for small business concerns with fewer 

than 25 employees,’’ pursuant to the 

Small Business Paperwork Relief Act of 

2002, Public Law 107–198, see 44 U.S.C. 

3506(c)(4). Provisions of the Regulatory 

Flexibility Act of 1980, 5 U.S.C. 601– 

612, do not apply to this proceeding. 

The Commission will send a copy of 

this Report and Order in a report to be 

sent to Congress and the Government 

Accountability Office pursuant to the 

Congressional Review Act, see 5 U.S.C. 

801(a)(1)(A). 

List of Subjects in 47 CFR Part 73 

Television. 

Federal Communications Commission. 

Thomas Horan, 

Chief of Staff Media Bureau. 

Final Rule 

For the reasons discussed in the 

preamble, the Federal Communications 

Commission amends 47 CFR part 73 as 

follows: 

PART 73—RADIO BROADCAST 

SERVICE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 47 U.S.C. 154, 155, 301, 303, 

307, 309, 310, 334, 336, 339. 

■ 2. In § 73.622(j), amend the table 

under California by adding an entry for 

Colusa to read as follows: 

§ 73.622 Digital television table of 

allotments. 

* * * * * 

(j) * * * 

Community Channel No. 

* * * * * 

California 

* * * * * 

Colusa ................................... * 2 

* * * * * 

[FR Doc. 2023–23467 Filed 10–24–23; 8:45 am] 

BILLING CODE 6712–01–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 202, 203, 205, 206, 

207, 208, 209, 215, 217, 219, 222, 225, 

230, 231, 232, 236, 242, 243, 249, 250, 

and 252 

[Docket DARS–2023–0001] 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule; technical 

amendment. 

SUMMARY: DoD is amending the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) to make needed 

editorial changes resulting from a 

section of the National Defense 

Authorization Act for Fiscal Year 2017 

that made organizational changes within 

the Office of the Secretary of Defense. 

DATES: Effective October 30, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: Section 

901 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2017 (Pub. L. 114–328) 

amended title 10, United States Code 

(U.S.C.) to strike 10 U.S.C. 133 and add 

two new sections 10 U.S.C. 133a, Under 

Secretary of Defense for Research and 

Engineering; and 10 U.S.C. 133b, Under 

Secretary of Defense for Acquisition and 

Sustainment, effective February 1, 2018. 

This technical amendment provides 

editorial changes to fully align the 

DFARS with the name redesignations 

necessitated by section 901(b) of the 

NDAA for FY 2017 from Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics (USD(AT&L)) 

to Under Secretary of Defense for 

Acquisition and Sustainment 

(USD(A&S)). 

The DFARS has been incrementally 

updated to implement the section 901(b) 

name changes when publishing other 

final rules that included these 

organizational references; however, this 

technical amendment is needed to 

accomplish all remaining changes 

required. Concurrently, the previously 

designated USD(AT&L) Defense 

Procurement and Acquisition Policy 

office was changed to USD(A&S) 

Defense Pricing and Contracting, and 

this change is included in this technical 

amendment. Certain internet links and 

email addresses are updated and other 

minor edits are made to add pointers to 

DFARS Procedures, Guidance, and 

Information. 

List of Subjects in 48 CFR Parts 201, 

202, 203, 205, 206, 207, 208, 209, 215, 

217, 219, 222, 225, 230, 231, 232, 236, 

242, 243, 249, 250, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 201, 202, 203, 

205, 206, 207, 208, 209, 215, 217, 219, 

222, 225, 230, 231, 232, 236, 242, 243, 

249, 250, and 252 are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

parts 201, 202, 203, 205, 206, 207, 208, 

209, 215, 217, 219, 222, 225, 230, 231, 

232, 236, 242, 243, 249, 250, and 252 

continues to read as follows: 

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

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

■ 2. Revise section 201.105–3 to read as 

follows: 

201.105–3 Copies. 

The DFARS and the DFARS 

Procedures, Guidance, and Information 

(PGI) are available at https://

www.acq.osd.mil/dpap/dars/dfarspgi/ 

current/index.html. 

201.107 [Amended] 

■ 3. Amend section 201.107 in 

paragraph (2) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

■ 4. Amend section 201.201–1— 

■ a. By revising paragraph (d)(i) 

introductory text; 

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

‘‘Recommendation’’ and adding 

‘‘RECOMMENDATION’’ in its place; 

■ c. In paragraph (d)(i)III by removing 

‘‘Discussion’’ and adding 

‘‘DISCUSSION’’ in its place; 

■ d. In paragraph (d)(i)IV by removing 

‘‘Collaterals’’ and adding 

‘‘COLLATERALS’’ in its place; and 

■ e. By revising paragraph (d)(i)(V). 

The revisions read as follows: 

201.201–1 The two councils. 

* * * * * 

(d)(i) Departments and agencies 

process proposed revisions of FAR or 

DFARS through channels to the Director 


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of the DAR Council. Process the 

proposed revision as a memorandum in 

the following format, addressed to the 

Director, DAR Council via email at 

osd.pentagon.ousd-a-s.mbx.dfars@

mail.mil. 

* * * * * 

V. DEVIATIONS: If a recommended 

revision of DFARS is a FAR deviation, 

identify the deviation and include 

under separate TAB a justification for 

the deviation that addresses the 

requirements of 201.402(2). The 

justification should be in the form of a 

memorandum for the Principal Director, 

Defense Pricing and Contracting, Office 

of the Under Secretary of Defense 

(Acquisition and Sustainment). 

* * * * * 

201.301 [Amended] 

■ 5. Amend section 201.301 in 

paragraph (b) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics) 

(USD(AT&L))’’ and adding ‘‘Under 

Secretary of Defense (Acquisition and 

Sustainment) (USD(A&S))’’ in its place. 

■ 6. Amend section 201.304— 

■ a. In paragraph (1)(i) introductory text 

by removing ‘‘USD (AT&L)’’ and adding 

‘‘USD(A&S)’’ in its place; 

■ b. By revising paragraph (1)(ii); 

■ c. In paragraph (2)(ii) by removing 

‘‘USD(AT&L)’’ and adding ‘‘USD(A&S)’’ 

in its place; 

■ d. In paragraph (4) by removing 

‘‘OUSD(AT&L)DPAP’’ and adding 

‘‘USD(A&S)DPC’’ in its place; 

■ e. In paragraph (5) by removing 

‘‘USD(AT&L)’’ and 

‘‘OUSD(AT&L)DPAP’’ and adding 

‘‘USD(A&S)’’ and ‘‘OUSD(A&S)DPC’’ in 

their places, respectively; and 

■ f. By revising paragraph (6). 

The revisions read as follows: 

201.304 Agency control and compliance 

procedures. 

* * * * * 

(1) * * * 

(ii) Except as provided in paragraph 

(2) of this section, the USD(A&S) has 

delegated authority to the Principal 

Director, Defense Pricing and 

Contracting (DPC) to approve or 

disapprove the policies, procedures, 

clauses, and forms subject to paragraph 

(1)(i) of this section. 

* * * * * 

(6) The Principal Director, DPC 

publishes changes to the DFARS in the 

Federal Register at https://

www.federalregister.gov and on the DPC 

website at https://www.acq.osd.mil/ 

dpap/dars/change_notices.html. Each 

change includes an effective date. 

Unless guidance accompanying a 

change states otherwise, contracting 

officers must include any new or 

revised clauses, provisions, or forms in 

solicitations issued on or after the 

effective date of the change. 

■ 7. Amend section 201.402 by— 

■ a. Revising paragraph (1) introductory 

text; 

■ b. Amending paragraph (1)(ii) by 

removing ‘‘Subpart’’ and adding 

‘‘subpart’’ in its place wherever it 

appears; and 

■ c. Revising paragraph (2) introductory 

text. 

The revisions read as follows: 

201.402 Policy. 

(1) The Principal Director, Defense 

Pricing and Contracting (DPC), Office of 

the Under Secretary of Defense 

(Acquisition and Sustainment) 

(OUSD(A&S)DPC), is the approval 

authority within DoD for any individual 

or class deviation from— 

* * * * * 

(2) Submit requests for deviation 

approval through department/agency 

channels to the approval authority in 

paragraph (1) of this section, 201.403, or 

201.404, as appropriate. Submit 

deviations that require OUSD(A&S)DPC 

approval through the Director of the 

DAR Council via email at 

osd.pentagon.ousd-a-s.mbx.dfars@

mail.mil. At a minimum, each request 

must— 

* * * * * 

201.404 [Amended] 

■ 8. Amend section 201.404 in 

paragraph (b)(i) by removing 

‘‘OUSD(AT&L)DPAP’’ and adding 

‘‘OUSD(A&S)DPC’’ in its place. 

* * * * * 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

■ 9. Amend section 202.101— 

■ a. In the definition of ‘‘Departments 

and agencies’’ by removing ‘‘the Marine 

Corps is a part of the Department of the 

Navy’’ and adding ‘‘the Marine Corps is 

a part of the Department of the Navy, 

and the Space Force is a part of the Air 

Force’’ in its place and removing ‘‘the 

Space Development Agency,’’; 

■ b. In the definition of ‘‘Head of the 

agency’’ by removing ‘‘Under Secretary 

of Defense (Acquisition, Technology, 

and Logistics), and the Director of 

Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Under Secretary of 

Defense (Acquisition and Sustainment), 

and the Principal Director, Defense 

Pricing and Contracting’’ in its place; 

■ c. In the definition of ‘‘Procedures, 

Guidance, and Information (PGI)’’ in 

paragraph (4) by removing 

‘‘electronically at http://

www.acq.osd.mil/dpap/dars/index.htm’’ 

and adding ‘‘at https://

www.acq.osd.mil/dpap/dars/dfarspgi/ 

current/index.html’’ in its place; and 

■ d. By revising the definition of 

‘‘Senior procurement executive’’. 

The revision reads as follows: 

202.101 Definitions. 

* * * * * 

Senior procurement executive means, 

for DoD— 

(1) Department of Defense (including 

the defense agencies)—Under Secretary 

of Defense (Acquisition and 

Sustainment); 

(2) Department of the Army— 

Assistant Secretary of the Army 

(Acquisition, Logistics and Technology); 

(3) Department of the Navy—Assistant 

Secretary of the Navy (Research, 

Development and Acquisition); 

(4) Department of the Air Force— 

Assistant Secretary of the Air Force 

(Acquisition); and 

(5) The directors of the defense 

agencies have been delegated authority 

to act as senior procurement executive 

for their respective agencies, except for 

such actions that by terms of statute, or 

any delegation, must be exercised by the 

Under Secretary of Defense (Acquisition 

and Sustainment). 

* * * * * 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLITS OF INTEREST 

203.703 [Amended] 

■ 10. Amend section 203.703 by 

removing ‘‘Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics)’’ and adding ‘‘Under Secretary 

of Defense (Acquisition and 

Sustainment)’’ in its place. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 11. Revise section 205.205 to read as 

follows: 

205.205 Special situations. 

See PGI 205.205 for instructions on 

the solicitation notice regarding timely 

definitization of equitable adjustments 

for change orders under construction 

contracts. 

205.303 [Amended] 

■ 12. Amend section 205.303 in 

paragraph (a)(ii)(A) by removing ‘‘Office 

of the Assistant Secretary of Defense 

(Public Affairs)’’ and adding ‘‘Office of 

the Assistant to the Secretary of Defense 

for Public Affairs’’ in its place. 


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PART 206—COMPETITION 

REQUIREMENTS 

206.302–5 [Amended] 

■ 13. Amend section 206.302–5 in 

paragraph (c)(i)(B) by removing 

‘‘Director of Defense Procurement and 

Acquisition Policy, Office of the Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Principal Director, Defense Pricing and 

Contracting, Office of the Under 

Secretary of Defense (Acquisition and 

Sustainment)’’ in its place. 

206.304 [Amended] 

■ 14. Amend section 206.304 in 

paragraph (a)(4) introductory text by 

removing ‘‘Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics)’’ and adding ‘‘Under Secretary 

of Defense (Acquisition and 

Sustainment)’’ in its place. 

PART 207—ACQUISITION PLANNING 

207.106 [Amended] 

■ 15. Amend section 207.106 in 

paragraph (S–73) by removing 

‘‘Undersecretary of Defense for 

Acquisition, Technology, and Logistics 

(USD (AT&L)) and ‘‘USD (AT&L)’’ and 

adding ‘‘Under Secretary of Defense for 

Acquisition and Sustainment 

(USD(A&S))’’ and ‘‘USD(A&S)’’ in their 

places, respectively. 

PART 208—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

208.7002 [Amended] 

■ 16. Amend section 208.7002 in 

paragraphs (a)(1) and (2) and paragraph 

(b) by removing ‘‘Deputy Under 

Secretary of Defense (Logistics)’’ and 

adding ‘‘Deputy Assistant Secretary of 

Defense (Logistics)’’ in its place. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.406–2 [Amended] 

■ 17. Amend section 209.406–2 in 

paragraph (1)(ii) by removing ‘‘Director 

of Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Principal Director, 

Defense Pricing and Contracting,’’ in its 

place. 

209.570–2 [Amended] 

■ 18. Amend section 209.570–2 in 

paragraph (c)(2) by removing ‘‘Under 

Secretary of Defense for Acquisition, 

Technology, and Logistics. (Also see 

209.570–3(b).)’’ and adding ‘‘Under 

Secretary of Defense for Acquisition and 

Sustainment. Also, see 209.570–3(b).’’ 

in its place. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.403–1 [Amended] 

■ 19. Amend section 215.403–1 in 

paragraph (c)(4)(B) by removing 

‘‘Director, Defense Pricing and 

Contracting, Pricing and Contracting 

Initiatives (DPC/PCI)’’ and adding 

‘‘Office of the Principal Director, 

Defense Pricing and Contracting, (Price, 

Cost and Finance)’’ in its place. 

■ 20. Add section 215.406 to read as 

follows: 

215.406 Documentation. 

■ 21. Add section 215.406–2 to read as 

follows: 

215.406–2 Certificate of current cost or 

pricing data. 

See PGI 215.406–2 for additional 

information and guidance on 

Certificates of Current Cost or Pricing 

Data. 

PART 217—SPECIAL CONTRACTING 

METHODS 

217.7405 [Amended] 

■ 22. Amend section 217.7405 in 

paragraph (b) by removing ‘‘Office of the 

Director, Defense Procurement and 

Acquisition Policy’’ and adding ‘‘Office 

of the Principal Director, Defense 

Pricing and Contracting (Contract 

Policy) at osd.pentagon.ousd-as.mbx.asda-dp-c-contractpolicy@

mail.mil’’ in its place. 

PART 219—SMALL BUSINESS 

PROGRAMS 

219.800 [Amended] 

■ 23. Amend section 219.800 in 

paragraph (a) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

222.1403 [Amended] 

■ 24. Amend section 222.1403 in 

paragraph (c)(i) by removing ‘‘Under 

Secretary of Defense for Acquisition’’ 

and adding ‘‘Assistant Secretary of 

Defense for Acquisition’’ in its place. 

PART 225—FOREIGN ACQUISITION 

225.103 [Amended] 

■ 25. Amend section 225.103 in 

paragraph (a)(i)(B) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

■ 26. Amend section 225.401 by 

revising paragraph (a)(2)(A) 

introductory text to read as follows: 

225.401 Exceptions. 

(a) * * * 

(2) * * * 

(A) If a department or agency 

considers an individual acquisition of a 

product to be indispensable for national 

security or national defense purposes 

and appropriate for exclusion from the 

provisions of FAR subpart 25.4, it may 

submit a request with supporting 

rationale to the Principal Director, 

Defense Pricing and Contracting (DPC), 

Office of the Under Secretary of Defense 

(Acquisition and Sustainment) 

(OUSD(A&S)DPC). Approval by 

OUSD(A&S)DPC is not required if— 

* * * * * 

225.403 [Amended] 

■ 27. Amend section 225.403 in 

paragraph (c)(ii) introductory text by 

removing ‘‘Director of Defense 

Procurement and Acquisition Policy’’ 

and adding ‘‘Principal Director, Defense 

Pricing and Contracting’’ in its place. 

225.770–5 [Amended] 

■ 28. Amend section 225.770–5 in 

paragraph (c)(1) by removing ‘‘Director 

of Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Principal Director, 

Defense Pricing and Contracting’’ in its 

place. 

225.871–5 [Amended] 

■ 29. Amend section 225.871–5— 

■ a. In the section heading by removing 

‘‘Subcontracting’’ and adding 

‘‘subcontracting’’ in its place; and 

■ b. In paragraph (a) by removing 

‘‘Director of Defense Procurement and 

Acquisition Policy’’ and adding 

‘‘Principal Director, Defense Pricing and 

Contracting’’ in its place. 

225.871–7 [Amended] 

■ 30. Amend section 225.871–7 in 

paragraph (a)(1) by removing ‘‘Director 

of Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Principal Director, 

Defense Pricing and Contracting’’ in its 

place. 

225.872–2 [Amended] 

■ 31. Amend section 225.872–2 in 

paragraph (a)(2)(ii) by removing 

‘‘Deputy Under Secretary of Defense 

(Industrial Affairs)’’ and adding 

‘‘Deputy Assistant Secretary of Defense 

for Industrial Base Policy’’ in its place. 


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225.872–3 [Amended] 

■ 32. Amend section 225.872–3 in 

paragraph (e)(4) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

■ 33. Amend section 225.872–5 by 

revising paragraph (a) to read as follows: 

225.872–5 Contract administration. 

(a) Arrangements exist with some 

qualifying countries to provide 

reciprocal contract administration 

services. Some arrangements are at no 

cost to either government. To determine 

whether such an arrangement has been 

negotiated and what contract 

administration functions are covered, 

contact the Office of the Principal 

Director, Defense Pricing and 

Contracting (Contract Policy) via email 

at osd.pentagon.ousd-a-s.mbx.asda-dpc-contractpolicy@mail.mil. 

* * * * * 

225.7002–2 [Amended] 

■ 34. Amend section 225.7002–2 in 

paragraph (b)(1)(i) by removing ‘‘Under 

Secretary of Defense (Acquisition, 

Technology, and Logistics)’’ and adding 

‘‘Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

225.7003–3 [Amended] 

■ 35. In section 225.7003–3 amend 

paragraph (b)(2)(ii) by removing 

‘‘Director, Defense Procurement and 

Acquisition Policy’’ and adding 

‘‘Principal Director, Defense Pricing and 

Contracting’’ in its place. 

PART 230—COST ACCOUNTING 

STANDARDS ADMINISTRATION 

■ 36. Add section 230.201 to read as 

follows: 

230.201 Contract requirements. 

■ 37. Amend section 230.201–5 by 

revising paragraph (a)(1)(A) 

introductory text, paragraph (a)(1)(B), 

and paragraph (e) to read as follows: 

230.201–5 Waiver. 

(a) * * * 

(1) * * * 

(A) The military departments and the 

Principal Director, Defense Pricing and 

Contracting (DPC), Office of the Under 

Secretary of Defense (Acquisition and 

Sustainment)— 

* * * * * 

(B) Follow the procedures at PGI 

230.201–5(a)(1) for submitting waiver 

requests to the Principal Director, DPC. 

* * * * * 

(e) By November 30th of each year, 

the military departments shall provide a 

report to the Office of the Principal 

Director, DPC (Contract Policy) of all 

waivers granted under FAR 30.201–5(a), 

during the previous fiscal year, for any 

contract, subcontract, or modification 

expected to have a value of $15 million 

or more. See PGI 230.201–5(e) for format 

and guidance for the report. The 

Principal Director, DPC, will submit a 

consolidated report to the CAS Board 

and the congressional defense 

committees. 

PART 231—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

231.205–70 [Amended] 

■ 38. Amend section 231.205–70 in 

paragraph (c)(4)(ii)(A) by removing 

‘‘Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics)’’ and adding ‘‘Under Secretary 

of Defense (Acquisition and 

Sustainment)’’ in its place. 

PART 232—CONTRACT FINANCING 

232.006–5 [Amended] 

■ 39. Amend section 232.006–5 by 

removing ‘‘Departments and agencies’’ 

and ‘‘Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics), through the Director of 

Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Departments and 

agencies,’’ and ‘‘Under Secretary of 

Defense (Acquisition and Sustainment) 

through the Principal Director, Defense 

Pricing and Contracting’’ in their places, 

respectively. 

■ 40. Amend section 232.070 by 

revising paragraphs (a) and (b) to read 

as follows: 

232.070 Responsibilities. 

(a) The Principal Director, Defense 

Pricing and Contracting (DPC), Office of 

the Under Secretary of Defense 

(Acquisition and Sustainment) 

(OUSD(A&S)DPC) is responsible for 

ensuring uniform administration of DoD 

contract financing, including DoD 

contract financing policies and 

important related procedures. Agency 

discretion under FAR part 32 is at the 

DoD level and is not delegated to the 

departments and agencies. Proposals by 

the departments and agencies, to 

exercise agency discretion, shall be 

submitted to OUSD(A&S)DPC. 

(b) Departments and agencies are 

responsible for their day-to-day contract 

financing operations. Refer specific 

cases involving financing policy or 

important procedural issues to 

OUSD(A&S)DPC for consideration 

through the department/agency Contract 

Finance Committee members (also see 

subpart 201.4 for deviation request and 

approval procedures). 

* * * * * 

232.611 [Amended] 

■ 41. Amend section 232.611 in 

paragraph (a) introductory text by 

removing ‘‘The Director of Defense 

Procurement and Acquisition Policy, 

Office of the Under Secretary of Defense 

(Acquisition, Technology, and 

Logistics)’’ and adding ‘‘The Principal 

Director, Defense Pricing and 

Contracting, Office of the Under 

Secretary of Defense (Acquisition and 

Sustainment)’’ in its place. 

232.7101 [Amended] 

■ 42. Amend section 232.7101— 

■ a. In paragraph (b) by removing 

‘‘Director, Defense Procurement and 

Acquisition Policy (DPAP)’’ and adding 

‘‘Principal Director, Defense Pricing and 

Contracting (DPC)’’ in its place; and 

■ b. In paragraph (c) by removing 

‘‘Director, DPAP’’ and adding ‘‘Principal 

Director, DPC’’ in its place. 

PART 236—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

■ 43. Add section 236.211 to read as 

follows: 

236.211 Distribution of advance notices 

and solicitations. 

See PGI 236.211 for instructions on 

reporting data for definitization of 

requests for equitable adjustment. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

242.602 [Amended] 

■ 44. Amend section 242.602 in 

paragraph (c)(2) by removing ‘‘Director 

of Defense Procurement and Acquisition 

Policy’’ and adding ‘‘Principal Director, 

Defense Pricing and Contracting’’ in its 

place. 

PART 243—CONTRACT 

MODIFICATIONS 

■ 45. Amend section 243.204–70–1 by 

revising paragraph (b) to read as follows: 

243.204–70–1 Scope. 

* * * * * 

(b) Unpriced change orders for foreign 

military sales and special access 

programs are not subject to this section, 

but the contracting officer shall apply 

the policy and procedures to them to the 

maximum extent practicable. If the 

contracting officer determines that it is 

impracticable to adhere to the policy 

and procedures of this section for an 


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unpriced change order for a foreign 

military sale or a special access 

program, the contracting officer shall 

provide prior notice, through agency 

channels, to the Office of the Principal 

Director, Defense Pricing and 

Contracting (Contract Policy) via email 

at osd.pentagon.ousd-a-s.mbx.asda-dpc-contractpolicy@mail.mil. 

PART 249—TERMINATION OF 

CONTRACTS 

■ 46. Amend section 249.7000 by 

revising paragraph (a)(1) to read as 

follows: 

249.7000 Terminated contracts with 

Canadian Commercial Corporation. 

(a) * * * 

(1) The Letter of Agreement (LOA) 

between the Department of Defence 

Production (Canada) and the U.S. DoD, 

‘‘Canadian Agreement’’ (for a copy of 

the LOA or for questions on its 

currency, contact the Office of the 

Principal Director, Defense Pricing and 

Contracting (Contract Policy), at 

osd.pentagon.ousd-a-s.mbx.asda-dp-ccontractpolicy@mail.mil; 

* * * * * 

PART 250—EXTRAORDINARY 

CONTRACTUAL ACTIONS AND THE 

SAFETY ACT 

250.102–1–70 [Amended] 

■ 47. Amend section 250.102–1–70 in 

paragraph (b)(1) by removing ‘‘USD 

(AT&L)’’ and adding ‘‘USD(A&S)’’ in its 

place, and in paragraph (b)(2) by 

removing ‘‘USD(AT&L)’’ and adding 

‘‘USD(A&S)’’ in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7040 [Amended] 

■ 48. Amend section 252.225–7040— 

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

2015)’’; and adding ‘‘(OCT 2023)’’ in its 

place; and 

■ b. In paragraph (g)(1) of the clause by 

removing ‘‘USD (AT&L)’’ and adding 

‘‘the Under Secretary of Defense 

(Acquisition and Sustainment)’’ in its 

place. 

[FR Doc. 2023–23435 Filed 10–24–23; 8:45 am] 

BILLING CODE 6001–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 225, and 252 

[Docket DARS–2023–0022] 

RIN 0750–AL88 

Defense Federal Acquisition 

Regulation Supplement: Prohibition on 

Certain Procurements From the 

Xinjiang Uyghur Autonomous Region 

(DFARS Case 2023–D015) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is adopting as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement a section of the 

National Defense Authorization Act for 

Fiscal Year 2023 that prohibits the use 

of funds to knowingly procure any 

products mined, produced, or 

manufactured wholly or in part by 

forced labor from the Xinjiang Uyghur 

Autonomous Region of the People’s 

Republic of China. 

DATES: Effective October 30, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Kimberly Bass, telephone 703–717– 

3446. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 87 FR 76980 on 

December 16, 2022, to implement 

section 848 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) FY 2022 (Pub. L. 117–81). 

DoD subsequently published an interim 

rule in the Federal Register at 88 FR 

37794 on June 9, 2023, to implement 

section 855 of the NDAA for FY 2023 

(Pub. L. 117–263). Section 855 repealed 

section 848 of the NDAA for FY 2022, 

including the requirement for a 

certification from offerors for contracts 

with DoD stating the offeror has made 

a good faith effort to determine that 

forced labor from the Xinjiang Uyghur 

Autonomous Region of the People’s 

Republic of China (XUAR) was not or 

will not be used in the performance of 

a contract. Section 855 requires offerors 

or awardees of a DoD contract to make 

a good faith effort to determine that 

forced labor from XUAR will not be 

used in performance of a DoD contract. 

The interim rule required offerors to 

represent, by submission of an offer, 

that they have made a good faith effort 

to determine that forced labor from 

XUAR will not be used in performance 

of a contract resulting from the 

solicitation. 

One respondent submitted public 

comments in response to the interim 

rule. The interim rule has been 

converted to a final rule, without 

change. 

II. Discussion and Analysis 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments is provided, 

as follows: 

1. Strong Support for the Rule 

Comment: The respondent strongly 

supported the interim rule. The 

respondent noted that the rule helps to 

preserve the United States’ global 

leadership on human rights and protects 

national security. 

Response: DoD acknowledges the 

support for the rule. 

2. Supply Chain 

Comment: The respondent relayed 

concerns regarding implementation of 

the interim rule that requires offerors to 

make a good faith effort to gain full 

knowledge of their entire supply chain, 

including the procurement of 

commercial items and components. The 

respondent noted the Chinese economy 

can be opaque and further conveyed it 

can be difficult for prime contractors to 

obtain accurate supplier information, 

especially if responses were required 

within an accelerated timeframe. 

Additionally, further down the supply 

chain (i.e., subcontractors, vendors, and 

other suppliers at all tiers), including for 

the procurement of commercial items 

and components, it can be exceedingly 

difficult for prime contractors to obtain 

accurate information. 

Response: There are no exceptions to 

the requirements that offerors or DoD 

contractors make a good faith effort to 

determine that forced labor from XUAR 

will not be used in the performance of 

the DoD contract. DoD has determined 

to make this law applicable to contracts 

for the acquisition of commercial 

services and commercial products, 

including commercially available offthe-shelf (COTS) items, in order to 

promote the overarching public policy, 

except products or services purchased 

using the Governmentwide commercial 

purchase card or the Standard Form 

(SF) 44, Purchase Order-Invoice 

Voucher. 

3. Additional Definition 

Comment: A respondent stated that in 

the background information of the rule, 

DoD should also define the term 


lotter on DSK11XQN23PROD with RULES1