2680 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules 

required to the DFARS by this case only 

affect the internal operating processes of 

DoD by establishing an order of 

application for contract modifications. 

These changes are not expected to have 

a significant economic impact on 

contractors. 

This rule does not impose any new 

reporting or recordkeeping 

requirements. 

The rule does not duplicate, overlap, 

or conflict with any other Federal rules. 

The alternative to this rule is to 

continue relying on DFARS subpart 

204.70, which prescribes numbering 

procedures for contract modifications, 

and FAR subpart 43.1, which provides 

guidelines for determining the effective 

date. However, the cited text does not 

provide a clear structured path to ensure 

no ambiguity arises when determining 

what order to apply modifications. 

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 2012–D002) in 

the correspondence. 

IV. Paperwork Reduction Act 

This rule does not impose any new 

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 204 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 204 is 

proposed to be amended as follows: 

1. The authority citation for 48 CFR 

part 204 is revised to read as follows: 

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

chapter 1. 

PART 204—ADMINISTRATIVE 

MATTERS 

2. Add section 204.7007 to read as 

follows: 

204.7007 Order of application for 

modifications. 

(a) Circumstances may exist in which 

the numeric order of the modifications 

to a contract is not the order in which 

the changes to the contract actually take 

effect. 

(b) In order to determine the sequence 

of modifications to a contract or order, 

the modifications will be applied in the 

following order: 

(1) Modifications will be applied in 

order of the effective date on the 

modification. 

(2) In the event of two or more 

modifications with the same effective 

date, modifications will be applied in 

signature date order. 

(3) In the event of two or more 

modifications with the same effective 

date and the same signature date, 

procuring contracting office 

modifications will be applied in 

numeric order, followed by contract 

administration office modifications in 

numeric order. 

[FR Doc. 2012–969 Filed 1–18–12; 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, 244, and 252 

[DFARS Case 2011–D040] 

RIN 0750–AH49 

Defense Federal Acquisition 

Regulation Supplement; Definition of 

Cost or Pricing Data 

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 

update text addressing the definition of 

cost or pricing data. The DFARS 

changes are necessary to ensure 

consistency with the Federal 

Acquisition Regulation (FAR). 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 19, 2012, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2011–D040, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by Inserting 

‘‘DFARS Case 2011–D040’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D040.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D040’’ on your 

attached document. Follow the 

instructions for submitting comments. 

Email: dfars@osd.mil. Include DFARS 

Case 2011–D040 in the subject line of 

the message. 

Fax: (703) 602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

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: Mr. 

Mark Gomersall, (703) 602–0302. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This rule proposes to update the 

DFARS for consistency with FAR 

changes addressing the definition of 

cost or pricing data, published at 75 FR 

53135 on August 30, 2010. 

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 

This rule proposes to update the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) for consistency 

with Federal Acquisition Regulation 

(FAR) changes addressing the definition 

of cost or pricing data, published at 75 

FR 53135 on August 30, 2010. 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 


EMCDONALD on DSK29S0YB1PROD with PROPOSALS
Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules 2681 

Flexibility Act, 5 U.S.C. 601, et seq., 

because the rule merely aligns the 

DFARS with the FAR. However, an 

initial regulatory flexibility analysis has 

been performed consistent with 5 U.S.C. 

603. A copy of the analysis may be 

obtained from the point of contact 

specified herein. 

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.’’ 

There are no projected reporting or 

recordkeeping requirements associated 

with this rule. The rule does not 

duplicate, overlap, or conflict with any 

other Federal rules. No known 

significant alternatives to the rule have 

been identified. 

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 2011–D040) 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 Parts 204, 

215, 217, 219, 225, 239, 241, 242, 244, 

and 252 

Government procurement. 

Ynette R. Shelkin, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD proposes to amend 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, 244, and 252 is revised 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. Revising the section heading to read 

as set forth below; 

b. 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; 

c. 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; 

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

‘‘information other than cost or pricing 

data’’ and adding ‘‘data other than 

certified cost or pricing data’’ in its 

place; and 

e. In paragraph (c)(4)(D)(2) removing 

‘‘Cost or pricing data’’ and adding 

‘‘Certified cost or pricing data’’ in its 

place and removing ‘‘cost or pricing 

data threshold’’ and adding ‘‘certified 

cost or pricing data threshold’’ in its 

place. 

The revision reads as follows: 

215.403–1 Prohibition on obtaining 

certified cost or pricing data (10 U.S.C. 

2306A and 41 U.S.C. 3503. 

* * * * * 

5. Section 215.403–3 is amended by 

revising the section heading to read as 

follows: 

215.403–3 Requiring data other than 

certified cost or pricing data. 

* * * * * 

6. Section 215.404–2 is amended by 

revising the section heading to read as 

follows: 

215.404–2 Data to support proposal 

analysis. 

* * * * * 

215.404–4 [Amended] 

7. Section 215.404–4 is amended by— 

a. In the introductory text of 

paragraph (b)(1) removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place; 

b. At the end of paragraph (c)(2)(A) 

removing ‘‘.’’ and adding ‘‘; and’’ in its 

place; 

c. In paragraph (c)(2)(C)(1)(i) 

removing ‘‘cost or pricing data 

threshold’’ and adding ‘‘certified cost or 

pricing data threshold’’ in its place; 

d. At the end of paragraph (c)(2)(C)(2) 

removing ‘‘.’’ and adding ‘‘;’’ in its 

place; and 

e. At the end of paragraph (c)(2)(D) 

removing ‘‘.’’ and adding ‘‘; and’’ in its 

place. 

215.407–5–70 [Amended] 

8. Section 215.407–5–70 is amended 

in paragraphs (b)(2)(i) and (ii) by 

removing ‘‘cost or pricing data’’ and 

adding ‘‘certified cost or pricing data’’ 

in its place. 

215.408 [Amended] 

9. Section 215.408 is amended in 

paragraphs (1)(i) through (iii) by 

removing ‘‘Cost or Pricing Data’’ and 

adding ‘‘Certified Cost or Pricing Data’’ 

in its place and in paragraph (2) by 

removing ‘‘cost or pricing data’’ and 

adding ‘‘certified cost or pricing data’’ 

in its place. 

PART 217—SPECIAL CONTRACTING 

METHODS 

217.7406 [Amended] 

10. Section 217.7406 is amended in 

paragraph (b)(3) by removing ‘‘of cost or 

pricing data’’ and adding ‘‘of certified 

cost or pricing data’’ in its place and 

removing ‘‘and cost or pricing data’’ and 

adding ‘‘and certified cost or pricing 

data’’ in its place. 

PART 219—SMALL BUSINESS 

PROGRAMS 

219.806 [Amended] 

11. Section 219.806 is amended in 

paragraph (1) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place and 

removing ‘‘FAR Subpart 15.4’’ and 

adding ‘‘FAR subpart 15.4’’ in its place. 

PART 225—FOREIGN ACQUISITION 

225.7303 [Amended] 

12. Section 225.7303 is amended in 

paragraph (b) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place. 

225.7304 [Amended] 

13. Section 225.7304 is amended in 

paragraph (c) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place and in 

paragraph (e)(3) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place and 

removing ‘‘Subpart 201.4’’ and adding 

‘‘subpart 201.4’’ in its place. 


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2682 Federal Register / Vol. 77, No. 12 / Thursday, January 19, 2012 / Proposed Rules 

PART 239—ACQUISITION OF 

INFORMATION TECHNOLOGY 

14. Section 239.7406 is amended by 

revising the section heading to read as 

set forth below and in paragraph (a) 

removing ‘‘cost or pricing data’’ and 

adding ‘‘certified cost or pricing data’’ 

in its place. 

239.7406 Certified cost or pricing data and 

data other than certified cost or pricing 

data. 

* * * * * 

PART 241—ACQUISITION OF UTILITY 

SERVICES 

241.201 [Amended] 

15. Section 241.201 is amended in 

paragraph (3)(ii) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place and 

removing ‘‘FAR Subpart 15.4’’ and 

adding ‘‘FAR subpart 15.4’’ in its place. 

PART 242—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

242.7203 [Amended] 

16. Section 242.7203 is amended in 

paragraph (b) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place. 

242.7302 [Amended] 

17. Section 242.7302 is amended in 

paragraph (a)(2) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place. 

242.7502 [Amended] 

18. Section 242.7502 is amended in 

paragraph (g)(3)(ii) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

244.305–70 [Amended] 

19. Section 244.305–70 is amended in 

paragraph (f)(3)(ii) by removing ‘‘cost or 

pricing data’’ and adding ‘‘certified cost 

or pricing data’’ in its place. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.209–7009 [Amended] 

20. Section 252.209–7009 is amended 

by removing the clause date ‘‘(DEC 

2010)’’ and adding ‘‘(DATE)’’ in its 

place, redesignating paragraphs (a)(1) 

and (2) as (a)(i) and (ii), and in newly 

designated paragraph (a)(i) removing 

‘‘cost or pricing data’’ and adding 

‘‘certified cost or pricing data’’ in its 

place. 

252.215–7000 [Amended] 

21. Section 252.215–7000 is amended 

by removing the clause date ‘‘(DEC 

1991)’’ and adding ‘‘(DATE)’’ in its 

place and removing ‘‘Cost or Pricing 

Data—Modifications’’ and adding 

‘‘Certified Cost or Pricing Data— 

Modifications’’ in its place wherever it 

appears. 

252.215–7002 [Amended] 

22. Section 252.215–7002 is amended 

by— 

a. Removing the clause date ‘‘(MAY 

2011)’’ and adding ‘‘(DATE)’’ in its 

place; 

b. In paragraph (c)(1) removing 

‘‘subcontracts,’’ and adding 

‘‘subcontracts’’ in its place and 

removing ‘‘cost or pricing data’’ and 

adding ‘‘certified cost or pricing data’’ 

in its place; and 

c. In paragraph (c)(2)(i) removing 

‘‘cost or pricing data’’ and adding 

‘‘certified cost or pricing data’’ in its 

place. 

252.217–7027 [Amended] 

23. Section 252.217–7027 is amended 

by removing the clause date ‘‘(OCT 

1998)’’ and adding ‘‘(DATE)’’ in its 

place, in paragraph (a) removing ‘‘cost 

or pricing data’’ and adding ‘‘certified 

cost or pricing data’’ in its place, and in 

paragraph (b) removing ‘‘cost or pricing 

data’’ and adding ‘‘certified cost or 

pricing data’’ in its place. 

252.243–7002 [Amended] 

24. Section 252.243–7002 is amended 

by removing the clause date ‘‘(MAR 

1998)’’ and adding ‘‘(DATE)’’ in its 

place, in paragraph (c)(1) removing 

‘‘Cost or pricing data’’ and adding 

‘‘Certified cost or pricing data,’’ in its 

place, and in paragraph (c)(2) removing 

‘‘Information other than cost or pricing 

data’’ and adding ‘‘Data other than 

certified cost or pricing data’’ in its 

place and removing ‘‘cost or pricing 

data’’ and adding ‘‘certified cost or 

pricing data’’ in its place. 

[FR Doc. 2012–971 Filed 1–18–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 242 

[DFARS Case 2011–D054] 

RIN 0750–AH52 

Defense Federal Acquisition 

Regulation Supplement; DoD Voucher 

Processing 

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 

update DoD’s voucher processing 

procedures and better accommodate the 

use of Wide Area WorkFlow to process 

vouchers. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

March 19, 2012, to be considered in the 

formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2011–D054, 

using any of the following methods: 

Regulations.gov: http:// 

www.regulations.gov. 

Submit comments via the Federal 

eRulemaking portal by inserting 

‘‘DFARS Case 2011–D054’’ under the 

heading ‘‘Enter keyword or ID’’ and 

selecting ‘‘Search.’’ Select the link 

‘‘Submit a Comment’’ that corresponds 

with ‘‘DFARS Case 2011–D054.’’ Follow 

the instructions provided at the ‘‘Submit 

a Comment’’ screen. Please include your 

name, company name (if any), and 

‘‘DFARS Case 2011–D054’’ on your 

attached document. Follow the 

instructions for submitting comments. 

Email: dfars@osd.mil. Include DFARS 

Case 2011–D054 in the subject line of 

the message. 

Fax: (703) 602–0350. 

Mail: Defense Acquisition Regulations 

System, Attn: Mr. Mark Gomersall, 

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). 


EMCDONALD on DSK29S0YB1PROD with PROPOSALS