Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80465 

212.371 Inapplicability of certain 

provisions and clauses to contracts for the 

acquisition of commercially available offthe-shelf items. 

Commercially available off-the-shelf 

(COTS) items are a subset of commercial 

products. Therefore, the provisions and 

clauses listed in 212.370 as not 

applicable to contracts or subcontracts 

for the acquisition of commercial 

products are also not applicable to 

contracts or subcontracts for the 

acquisition of COTS items. In addition, 

the following provisions and clauses 

published after January 1, 2015, not 

expressly authorized in law, are not 

applicable to contracts for the 

acquisition of COTS items: 

(a) FAR 52.204–21, Basic 

Safeguarding of Covered Contractor 

Information Systems. 

(b) [Reserved] 

■ 5. Revise section 212.505 to read as 

follows: 

212.505 Applicability of certain laws to 

contracts for the acquisition of COTS items. 

Commercially available off-the-shelf 

(COTS) items are a subset of commercial 

products. Therefore, any laws listed at 

FAR 12.503, FAR 12.504, 212.503, or 

212.504 are also not applicable or 

modified in their applicability to 

contracts for the acquisition of COTS 

items. In addition to the laws listed at 

FAR 12.505 as specifically not 

applicable to COTS items, the following 

laws are not applicable to contracts for 

the acquisition of COTS items: 

(1) 10 U.S.C. 391, Reporting on Cyber 

Incidents with Respect to Networks and 

Information Systems of Operationally 

Critical Contractors and Certain Other 

Contractors, and 10 U.S.C. 393, 

Reporting on Penetrations of Networks 

and Information Systems of Certain 

Contractors. 

(2) Paragraph (a)(1) of 10 U.S.C. 4863, 

Requirement to buy strategic materials 

critical to national security from 

American sources, except as provided at 

225.7003–3(b)(2)(i). 

(3) Paragraph (a)(1) of 10 U.S.C. 4872, 

Prohibition on acquisition of sensitive 

materials from non-allied foreign 

nations, except as provided at 

225.7018–3(c)(1). 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 6. Amend section 219.811–3 by 

revising paragraph (2) to read as follows: 

219.811–3 Contract clauses. 

* * * * * 

(2) Use the clause at 252.219–7010, 

Notification of Competition Limited to 

Eligible 8(a) Participants-Partnership 

Agreement, in lieu of the clause at FAR 

52.219–18, Notification of Competition 

Limited to Eligible 8(a) Participants, in 

competitive solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial products and 

commercial services, when the 

acquisition is accomplished using the 

procedures of FAR 19.805 and 

processed in accordance with the PA 

cited in 219.800. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 7. Revise section 252.244–7000 to 

read as follows: 

252.244–7000 Subcontracts for 

Commercial Products or Commercial 

Services. 

As prescribed in 244.403, use the 

following clause: 

Subcontracts for Commercial Products 

or Commercial Services (NOV 2023) 

(a) The Contractor shall not include the 

terms of any Federal Acquisition Regulation 

(FAR) clause or Defense Federal Acquisition 

Regulation Supplement (DFARS) clause in 

subcontracts for commercial products or 

commercial services at any tier under this 

contract, unless— 

(1) For DFARS clauses, it is so specified in 

the particular clause; or 

(2) For FAR clauses, the clause is listed at 

FAR 12.301(d) or it is so specified in 

paragraph (e)(1) of the clause at FAR 52.212– 

5 or paragraph (b)(1) of the clause at FAR 

52.244–6, as applicable. (Section 

847(b)(1)(B), Pub. L. 114–328) 

(b)(1) In accordance with 10 U.S.C. 3457(c), 

the Contractor shall treat as commercial 

products any items valued at less than 

$10,000 per item that were purchased by the 

Contractor for use in the performance of 

multiple contracts with the Department of 

Defense and other parties and are not 

identifiable to any particular contract when 

purchased. 

(2) The Contractor shall ensure that any 

items to be used in performance of this 

contract, that are treated as commercial 

products pursuant to paragraph (b)(1) of this 

clause, meet all terms and conditions of this 

contract that are applicable to commercial 

products or commercial services in 

accordance with the clause at FAR 52.244– 

6 and paragraph (a) of this clause. 

(c) Subcontracts. The Contractor shall 

include the terms of this clause, including 

this paragraph (c), in subcontracts awarded 

under this contract, including subcontracts 

for the acquisition of commercial products or 

commercial services. 

(End of clause) 

[FR Doc. 2023–25158 Filed 11–16–23; 8:45 am] 

BILLING CODE 6820–FR–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 215, 223, 234, and 

252 

[Docket DARS–2023–0001; Req No. DARS– 

2024–00013–FR] 

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. 

DATES: Effective November 17, 2023. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jennifer D. Johnson, Defense 

Acquisition Regulations System, 

telephone 703–717–8226. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS to make needed 

editorial changes to 48 CFR parts 211, 

215, 234, and 252 as follows: 

1. Update the title of DoD Directive 

5000.02 at DFARS 211.002, 234.003, 

and 234.7100. 

2. At DFARS 215.404–75(b), remove 

an obsolete document reference ‘‘DoD 

FFRDC Management Plan’’ and replace 

it with the current reference ‘‘DoD 

Instruction 5000.77, DoD Federally 

Funded Research and Development 

Center Program’’. 

3. Update references to DoD Manual 

4145.26 at DFARS 223.370–3 and 

252.223–7002, and update references to 

DoD Manual 5100.76 at DFARS 

223.7200, 223.7201, 223/7202, 

223.7202, and 252.223–7007. 

4. Provide a cross-reference to DFARS 

Procedures, Guidance, and Information 

234.005–1 at DFARS 234.005–1. 

5. Update the System for Award 

Management internet link at DFARS 

252.204–7007. 

6. Update internet links to the Basic 

NIST SP 800–171 DoD Assessment 

reference document at DFARS 252.204– 

7019 and 252.204–7020. 

7. Update references to replace 

‘‘Bahrainian’’ with ‘‘Bahraini’’ at DFARS 

252.225–7013, 252.227–7017, 252.225– 

7018, 252.225–7035, 252.225–7036, 

252.225–7045, and 252.227–7018. 

8. Correct a reference at DFARS 

252.227–7018 to ‘‘60 days’’. 


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80466 Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 

List of Subjects in 48 CFR Parts 211, 

215, 223, 234, and 252 

Government procurement. 

Jennifer D. Johnson, 

Editor/Publisher, Defense Acquisition 

Regulations System. 

Therefore, 48 CFR parts 211, 215, 223, 

234, and 252 are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 211, 215, 223, 234, and 252 

continues to read as follows: 

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

chapter 1. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.002 [Amended] 

■ 2. Amend section 211.002 by 

removing ‘‘Operation of the Defense 

Acquisition System’’ and adding 

‘‘Operation of the Adaptive Acquisition 

Framework’’ in its place. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.404–75 [Amended] 

■ 3. Amend section 215.404–75 in 

paragraph (b) by removing ‘‘DoD FFRDC 

Management Plan’’ and adding ‘‘DoD 

Instruction 5000.77, DoD Federally 

Funded Research and Development 

Center Program’’ in its place. 

PART 223—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG–FREE 

WORKPLACE 

223.370–3 [Amended] 

■ 4. Amend section 223.370–3 in 

paragraph (b) by removing ‘‘DoD 

Manual 4145.26–M’’ and ‘‘these 

regulations’’ and adding ‘‘DoD Manual 

4145.26’’ and ‘‘the ammunition and 

explosives regulation of the DoD 

component or installation’’ in their 

places, respectively. 

■ 5. Revise section 223.7200 to read as 

follows: 

223.7200 Definition. 

As used in this subpart— 

Arms, ammunition, and explosives 

(AA&E) means those items within the 

scope of DoD Manual 5100.76, Physical 

Security of Sensitive Conventional 

Arms, Ammunition, and Explosives. 

223.7201 [Amended] 

■ 6. Amend section 223.7201 in 

paragraphs (a) introductory text, (b) 

introductory text, and (b)(2) by 

removing ‘‘DoD 5100.76–M’’ and adding 

‘‘DoD Manual 5100.76’’ in its place. 

223.7202 [Amended] 

■ 7. Amend section 223.7202 in 

paragraph (b) by removing ‘‘DoD 

5100.76–M’’ and adding ‘‘DoD Manual 

5100.76’’ in its place. 

223.7203 [Amended] 

■ 8. Amend section 223.7203 by 

removing ‘‘DoD 5100.76–M’’ and adding 

‘‘DoD Manual 5100.76’’ in its place. 

PART 234—MAJOR SYSTEM 

ACQUISITION 

234.003 [Amended] 

■ 9. Amend section 234.003 by 

removing ‘‘Operation of the Defense 

Acquisition System’’ and adding 

‘‘Operation of the Adaptive Acquisition 

Framework’’ in its place. 

■ 10. Amend section 234.005–1 by 

adding paragraph (4) to read as follows: 

234.005–1 Competition. 

* * * * * 

(4) See PGI 234.005–1 for guidance on 

providing, upon request, the benefits 

derived from use of this competitive 

selection method. 

234.7100 [Amended] 

■ 11. Amend section 234.7100 in 

paragraphs (a) and (b) by removing 

‘‘Operation of the Defense Acquisition 

System’’ and adding ‘‘Operation of the 

Adaptive Acquisition Framework’’ in its 

place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.204–7007 [Amended] 

■ 12. Amend section 252.204–7007– 

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

2021)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraph (e) by removing 

‘‘https://www.acquisition.gov/’’ and 

adding ‘‘https://www.sam.gov’’ in its 

place. 

252.204–7019 [Amended] 

■ 13. Amend section 252.204–7019— 

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

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraph (b) by removing 

‘‘https://www.acq.osd.mil/asda/dpc/cp/ 

cyber/safeguarding.html#nistSP800171’’ 

and adding ‘‘https://www.acq.osd.mil/ 

asda/dpc/cp/cyber/docs/safeguarding/ 

NIST-SP-800-171-AssessmentMethodology-Version-1.2.1- 

6.24.2020.pdf’’ in its place. 

252.204–7020 [Amended] 

■ 14. Amend section 252.204–7020— 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraphs (c) and (g)(2) by 

removing ‘‘https://www.acq.osd.mil/ 

asda/dpc/cp/cyber/safeguarding.html#

nistSP800171’’ and adding ‘‘https://

www.acq.osd.mil/asda/dpc/cp/cyber/ 

docs/safeguarding/NIST-SP-800-171- 

Assessment-Methodology-Version-1.2.1- 

6.24.2020.pdf’’ in its place. 

■ 15. Amend section 252.223–7002 by 

revising the section heading, clause 

date, and paragraph (b)(1) to read as 

follows: 

252.223–7002 Safety Precautions for 

Ammunition and Explosives. 

* * * * * 

Safety Precautions for Ammunition and 

Explosives (NOV 2023) 

* * * * * 

(b) * * * 

(1) The Contractor shall comply with the 

requirements of DoD Manual 4145.26, DoD 

Contractors’ Safety Manual for Ammunition 

and Explosives, hereafter referred to as ‘‘the 

manual,’’ in effect on the date of the 

solicitation for this contract. The Contractor 

shall also comply with any other additional 

requirements included in the schedule of this 

contract. 

* * * * * 

■ 16. Amend section 252.223–7007— 

■ a. By revising the section heading, 

clause date, and paragraph (a); 

■ b. In paragraphs (b) and (c) by 

removing ‘‘DoD 5100.76–M’’ and adding 

‘‘DoD Manual 5100.76’’ in its place 

wherever it appears; 

■ c. In paragraph (d) by removing 

‘‘Defense Security Service (DSS)’’ and 

adding ‘‘Defense Counterintelligence 

and Security Agency (DCSA)’’ in its 

place; 

■ d. In paragraph (e) by removing 

‘‘DSS’’ and adding ‘‘DCSA’’ in its place; 

and 

■ e. In paragraph (f) by adding a 

paragraph heading. 

The revisions and addition read as 

follows: 

252.223–7007 Safeguarding Sensitive 

Conventional Arms, Ammunition, and 

Explosives. 

* * * * * 

Safeguarding Sensitive Conventional 

Arms, Ammunition, and Explosives 

(NOV 2023) 

(a) Definition. As used in this clause— 

Arms, ammunition, and explosives (AA&E) 

means those items within the scope of DoD 

Manual 5100.76, Physical Security of 

Sensitive Conventional Arms, Ammunition, 

and Explosives. 

* * * * * 

(f) Subcontracts. * * * 

* * * * * 


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Federal Register / Vol. 88, No. 221 / Friday, November 17, 2023 / Rules and Regulations 80467 

252.225–7013 [Amended] 

■ 17. Amend section 252.225–7013— 

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

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraph (a), in paragraphs (2) 

and (3) of the definition of ‘‘Eligible 

product’’, by removing ‘‘Bahrainian’’ 

and adding ‘‘Bahraini’’ in its place. 

252.225–7017 [Amended] 

■ 18. Amend section 252.225–7017— 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraph (a), in the definition of 

‘‘Bahrainian photovoltaic device’’, and 

paragraphs (c)(2) and (3) by removing 

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place wherever it appears. 

252.225–7018 [Amended] 

■ 19. Amend section 252.225–7018— 

■ a. By removing the provision date 

‘‘(DEC 2022)’’ and adding ‘‘(NOV 2023)’’ 

in its place; and 

■ b. In paragraph (a) by removing 

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place; and 

■ c. In paragraphs (d)(4)(ii) and (d)(5)(ii) 

by removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place. 

252.225–7035 [Amended] 

■ 20. Amend section 252.225–7035— 

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

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; 

■ b. In paragraphs (a), (b)(2), and 

(c)(2)(ii) by removing ‘‘Bahrainian’’ and 

adding ‘‘Bahraini’’ in its place; 

■ c. In Alternate I introductory text by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place wherever it 

appears; 

■ d. In Alternate II— 

■ i. By removing the clause date ‘‘(DEC 

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraphs (a), (b)(2), and 

(c)(2)(ii) by removing ‘‘Bahrainian’’ and 

adding ‘‘Bahraini’’ in its place; 

■ e. In Alternate III— 

■ i. By removing the clause date ‘‘(DEC 

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

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

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place; 

■ f. In Alternate IV— 

■ i. In the introductory text by removing 

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place wherever it appears; 

■ ii. By removing the clause date ‘‘(DEC 

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ iii. In paragraphs (a), (b)(2), and 

(c)(2)(ii) by removing ‘‘Bahrainian’’ and 

adding ‘‘Bahraini’’ in its place; and 

■ g. In Alternate V— 

■ i. By removing the clause date ‘‘(DEC 

2022)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraphs (a), (b)(2), and 

(c)(2)(ii) by removing ‘‘Bahrainian’’ and 

adding ‘‘Bahraini’’ in its place. 

252.225–7036 [Amended] 

■ 21. Amend section 252.225–7036— 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; 

■ b. In paragraphs (a) and (c) by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place wherever it 

appears; 

■ c. In Alternate I— 

■ i. By revising the clause title; 

■ ii. By removing the clause date ‘‘(JAN 

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ iii. In paragraph (a), in the definition 

of ‘‘Bahrainian end product’’, by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place; 

■ d. In Alternate II— 

■ i. By removing the clause date ‘‘(JAN 

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraphs (a) and (c) by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place wherever it 

appears; 

■ e. In Alternate III— 

■ i. By removing the clause date ‘‘(JAN 

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraph (a), in the definition 

of ‘‘Bahrainian end product’’, by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place; 

■ f. In Alternate IV— 

■ i. By removing the clause date ‘‘(JAN 

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraphs (a) and (c) by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place wherever it 

appears; and 

■ g. In Alternate V— 

■ i. By removing the clause date ‘‘(JAN 

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraphs (a) and (c) by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place wherever it 

appears. 

252.225–7045 [Amended] 

■ 22. Amend section 252.225–7045— 

■ a. In Alternate I— 

■ i. In the introductory text by removing 

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place; 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ iii. In paragraphs (a) and (b) and 

paragraph (c) introductory text by 

removing ‘‘Bahrainian’’ and adding 

‘‘Bahraini’’ in its place. 

■ b. In Alternate III— 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ ii. In paragraph (b) and paragraph (c) 

introductory text by removing 

‘‘Bahrainian’’ and adding ‘‘Bahraini’’ in 

its place. 

252.227–7018 [Amended] 

■ 23. Amend section 252.227–7018— 

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

2023)’’ and adding ‘‘(NOV 2023)’’ in its 

place; and 

■ b. In paragraph (h)(2) by removing 

‘‘sixty (6)) days’’ and adding ‘‘60 days’’ 

in its place. 

[FR Doc. 2023–25162 Filed 11–16–23; 8:45 am] 

BILLING CODE 6001–FR–P 


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