76938 Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 

252.203–7004 Display of fraud hotline 

poster(s). 

* * * * * 

(b) * * * 

(1) The Contractor shall display 

prominently in common work areas 

within business segments performing 

work in the United States under 

Department of Defense (DoD) contracts 

DoD hotline posters prepared by the 

DoD Office of the Inspector General. 

DoD hotline posters may be obtained via 

the Internet at http://www.dodig.mil/ 

HOTLINE/hotline_posters.htm. 

* * * * * 

252.227–7037 [Amended] 

■ 13. Section 252.227–7037 is 

amended— 

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

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

place; 

■ b. In paragraph (e)(3), by removing 

‘‘the Contract Disputes Act of 1978 (41 

U.S.C. 7101)’’ and adding ‘‘41 U.S.C. 

7101, Contract Disputes’’ in its place; 

and 

■ c. In paragraph (g)(2)(iv), removing 

‘‘Act’’ and adding ‘‘statute’’ in its place. 

252.227–7038 [Amended] 

■ 14. Section 252.227–7038 is amended 

by removing the clause date ‘‘(DEC 

2007)’’ and adding ‘‘(JUN 2012)’’ in its 

place and in paragraph (l)(2)(ii), by 

removing ‘‘Act’’ and adding ‘‘statute’’ in 

its place. 

252.247–7023 [Amended] 

■ 15. Section 252.247–7023 

introductory text is amended by 

removing ‘‘As prescribed in 

247.573(b)(1)’’ and adding ‘‘As 

prescribed in 247.574(b)(1)’’. 

[FR Doc. 2012–31092 Filed 12–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 202 

RIN 0750–AH81 

Defense Federal Acquisition 

Regulation Supplement: Contracting 

Activity Updates (DFARS Case 2012– 

D045) 

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 revise the definitions of 

‘‘contracting activity’’ and ‘‘departments 

and agencies’’ found at DFARS subpart 

202.101. 

DATES: Effective Date: January 30, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lesa Scott, telephone 571–372–6104. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule updates the list of 

contracting activities and moves the list 

to the DFARS Procedures, Guidance, 

and Instruction (PGI) at 202.101. The 

reorganization of DFARS 202.101 will 

facilitate the rapid updating of 

contracting activities as organizational 

changes occur. This final rule— 

• Revises the definition of 

‘‘contracting activity’’ at DFARS 202.101 

by removing the list of contracting 

activities; 

• Inserts a pointer at DFARS 202.101 

to direct readers to PGI 202.101 for the 

list of contracting activities that have 

been delegated broad authority 

regarding acquisition functions; 

• Adds the updated list of contracting 

activities to the PGI at 202.101; and 

• Updates the definition of 

‘‘departments and agencies.’’ 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations,’’ 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it merely updates and moves 

the list of contracting activities from 

DFARS 202.101, Definitions, to a new 

DFARS PGI section at 202.101, 

Definitions. These requirements affect 

only the internal operating procedures 

of the Government. 

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 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

DFARS revision within the meaning of 

FAR 1.501–1, and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. 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 202 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 202 is 

amended as follows: 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

■ 1. The authority citation for 48 CFR 

part 202 continues to read as follows: 

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

chapter 1. 

■ 2. Section 202.101 is amended by— 

■ a. Revising the ‘‘contracting activity’’ 

definition; and 

■ b. Revising the ‘‘departments and 

agencies’’ definition. 

The revisions read as follows: 

202.101 Definitions. 

* * * * * 

Contracting activity for DoD also 

means elements designated by the 

director of a defense agency which has 

been delegated contracting authority 

through its agency charter. DoD 

contracting activities are listed at PGI 

202.101. 

* * * * * 

Departments and agencies, as used in 

DFARS, means the military departments 

and the defense agencies. The military 

departments are the Departments of the 

Army, Navy, and Air Force (the Marine 


ebenthall on DSK5TPTVN1PROD with 
Federal Register / Vol. 77, No. 250 / Monday, December 31, 2012 / Rules and Regulations 76939 

Corps is a part of the Department of the 

Navy). The defense agencies are the 

Defense Advanced Research Projects 

Agency, the Defense Commissary 

Agency, the Defense Contract 

Management Agency, the Defense 

Finance and Accounting Service, the 

Defense Information Systems Agency, 

the Defense Intelligence Agency, the 

Defense Logistics Agency, the Defense 

Security Cooperation Agency, the 

Defense Security Service, the Defense 

Threat Reduction Agency, the Missile 

Defense Agency, the National 

Geospatial-Intelligence Agency, the 

National Security Agency, the United 

States Special Operations Command, 

and the United States Transportation 

Command. 

* * * * * 

[FR Doc. 2012–31086 Filed 12–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 204, 215, 217, 219, 225, 

239, 241, 242, and 252 

RIN 0750–AH49 

Defense Federal Acquisition 

Regulation Supplement: Definition of 

Cost or Pricing Data (DFARS Case 

2011–D040) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule to 

amend the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

update the text to reflect the distinction 

between ‘‘certified cost or pricing data’’ 

and ‘‘data other than certified cost or 

pricing data.’’ The DFARS changes are 

necessary to ensure consistency with 

the Federal Acquisition Regulation 

(FAR) which had been amended to 

clarify the distinction between those 

terms, as well as the requirements for 

the submission of cost or pricing data. 

DATES: December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Gomersall, telephone 571–372– 

6099. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 77 FR 2680 on 

January 19, 2012. The comment period 

closed on March 19, 2012. This final 

rule updates the DFARS for consistency 

with FAR changes addressing the 

definition of cost or pricing data which 

clarified the distinction between 

‘‘certified cost or pricing data’’ and 

‘‘data other than certified cost or pricing 

data,’’ as well as the requirements for 

the submission of cost or pricing data 

(75 FR 53135, August 30, 2010). 

II. Discussion and Analysis 

Two respondents submitted 

comments. One respondent supported 

the rule without further comment, and 

the second respondent’s comment was 

non-substantive. Therefore, the DFARS 

is revised as proposed. 

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 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 merely aligns the 

DFARS with the FAR. However, a final 

regulatory flexibility analysis has been 

performed consistent with 5 U.S.C. 604. 

This rule amends the DFARS to update 

the text addressing the definition of cost 

or pricing data by inserting the word 

‘‘certified’’ in front of ‘‘cost or pricing 

data.’’ The DFARS changes are 

necessary to ensure consistency with 

the FAR. The rule does not expand or 

diminish the existing rights of the 

contracting officer to obtain cost data or 

pricing data. Instead, this rule will 

benefit all entities, both large and small, 

by clarifying the requirements for the 

submission of ‘‘certified cost or pricing 

data’’ and ‘‘data other than certified cost 

or pricing data.’’ No comments were 

received in response to the initial 

regulatory flexibility analysis published 

with the proposed rule on January 19, 

2012. No comments were filed by the 

Chief Counsel for Advocacy of the Small 

Business Administration in response to 

the rule. The rule does not require any 

reporting, recordkeeping, or other 

compliances, or compel contractors to 

expend significant effort or cost. No 

known significant alternatives to the 

rule have been identified. A copy of the 

analysis may be obtained from the point 

of contact specified herein. 

V. 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 Parts 204, 

215, 217, 219, 225, 239, 241, 242, and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD amends 48 CFR parts 

204, 215, 217, 219, 225, 239, 241, 242, 

244, and 252 as follows: 

■ 1. The authority citation for 48 CFR 

parts 204, 215, 217, 219, 225, 239, 241, 

242, and 252 continues to read as 

follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.805 [Amended] 

■ 2. Section 204.805 is amended in 

paragraph (5) by removing ‘‘subject to 

cost or pricing data’’ and adding 

‘‘subject to certified cost or pricing 

data’’ in its place. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 3. Section 215.403 is amended by 

revising the section heading to read as 

follows: 

215.403 Obtaining certified cost or pricing 

data. 

215.403–1 [Amended] 

■ 4. Section 215.403–1 is amended by— 

■ a. In paragraph (b) and the heading of 

paragraph (c) removing ‘‘cost or pricing 

data requirements’’ and adding 

‘‘certified cost or pricing data 

requirements’’ in its place; 

■ b. In paragraph (c)(4)(C) and the 

introductory text of paragraph (c)(4)(D) 

removing ‘‘cost or pricing data’’ and 

adding ‘‘certified cost or pricing data’’ 

in its place; 

■ c. In paragraph (c)(4)(D)(1) removing 

‘‘information other than cost or pricing 


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