48404 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

Item description Contract line 

items Quantity 

Total .................................................................................................................................

(g) If this contract exceeds the simplified 

acquisition threshold and the final invoice 

does not include the required representation, 

the Government will reject and return it to 

the Contractor as an improper invoice for the 

purposes of the Prompt Payment clause of 

this contract. In the event there has been 

unauthorized use of non-U.S.-flag vessels in 

the performance of this contract, the 

Contracting Officer is entitled to equitably 

adjust the contract, based on the 

unauthorized use. 

(h) In the award of subcontracts for the 

types of supplies described in paragraph 

(b)(2) of this clause, the Contractor shall flow 

down the requirements of this clause as 

follows: 

(1) The Contractor shall insert the 

substance of this clause, including this 

paragraph (h), in subcontracts that exceed the 

simplified acquisition threshold in Part 2 of 

the Federal Acquisition Regulation. 

(2) The Contractor shall insert the 

substance of paragraphs (a) through (e) of this 

clause, and this paragraph (h), in 

subcontracts that are at or below the 

simplified acquisition threshold in Part 2 of 

the Federal Acquisition Regulation. 

(End of clause) 

[FR Doc. 2013–18972 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 232 and 252 

RIN 0750–AI02 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Contract Financing 

(DFARS Case 2013–D014) 

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 set of contract financing related 

clauses with one or more alternates. The 

rule also proposes to add a separate 

prescription for the basic clause as well 

as the alternate. In addition, the 

proposed rule would include the full 

text of the clause alternate. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 7, 2013, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D014, 

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–D014’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D014.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D014’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2013–D014 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: 

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 

DoD is proposing to amend the 

DFARS to create an overarching 

prescription for the contract financing 

clause with one alternate. The rule also 

proposes to add a separate prescription 

for the basic clause as well as the 

alternate. For clarity, the preface of the 

alternate will continue to explain what 

portions of the alternate are different 

from the basic clause. 

Separate prescriptions for the basic 

and alternates of DFARS clauses will 

facilitate the use of automated contract 

writing systems. The proposed rule will 

not revise the prescriptions in any 

substantive way or change the 

applicability of the clause or its 

alternate. 

The inclusion of the full text of each 

clause alternate aims to make the terms 

of a clause alternate clearer to offerors 

and to DoD contracting officers. The 

current convention for alternates is to 

show only the changed paragraphs from 

the basic provision or clause. This 

proposed rule would include the full 

text of each clause and each alternate, 

which will assist in making solicitation 

and contract terms and conditions easier 

to read and understand. By placing 

alternates in full text, all paragraph 

substitutions from the basic clause will 

have already been made. Inapplicable 

paragraphs from the basic clause that 

are superseded by the alternate will not 

be included in the solicitation or 

contract in order to prevent confusion. 

Although this rule proposes to 

include the text of the alternate in full, 

it retains the language that precedes the 

clause or alternate, which includes the 

location of the alternate’s prescription 

and a statement that identifies which 

paragraphs were changed from the basic 

clause. Further, alternates are proposed 

to have individual titles that tie them to 

the basic clause, e.g., ‘‘Limitation of 

Government’s Obligation—Alternate I’’ 

in lieu of ‘‘Alternate I.’’ 

II. Discussion 

This proposed rule addresses only the 

single DFARS part 232 clause that has 

an alternate. The remaining 

prescriptions in part 232 are not 

proposed to be changed in any way by 

this rule. The affected clause is 

252.232–7007, Limitation of 

Government’s Obligation, with one 

alternate. The naming convention 

results in proposed new clause titles, 

e.g., Limitation of Government’s 

Obligation—Basic and Limitation of 

Government’s Obligation—Alternate I. 

An umbrella prescription is proposed 

to be added for the elements common to 

the basic clause and alternate. The 

specific prescription for the basic clause 

and alternate would then address only 

the requirements for their use that 

enable the selection of the basic or the 

alternate. For example, the revised 

prescription for Limitation of 

Government’s Obligation—Alternate I 

would read as follows: ‘‘Use the clause 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48405 

at 252.232–7007, Limitation of 

Government’s Obligation—Alternate I, if 

only one line item will be incrementally 

funded.’’ The planned changes will 

increase the clarity and ease of use, but 

will not revise the applicability in any 

way. The text of the current DFARS 

252.232–7007, Alternate I, would no 

longer consist solely of paragraph (a), 

but would include the entire text of 

DFARS 252.232–7007 (basic clause) 

with the revised paragraph (a) 

substituted for the corresponding 

paragraph of the basic clause. 

Inapplicable paragraphs from the basic 

version of the clause that are superseded 

by the alternate will not be included in 

the solicitation or contract in order to 

prevent confusion. 

Further, this proposed rule would 

also revise the applicable preface, i.e., 

the language in part 232 that precedes 

a provision, clause, or alternate. The 

proposed rule would replace the current 

preface language with a statement that 

identifies the specific changes from the 

basic version of the solicitations 

provision or clause. 

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 it merely revises the 

prescriptions for solicitation provisions 

and clauses with alternates to be 

unique, as well as includes the full text 

of each provision or clause in each 

alternate. However, an initial regulatory 

flexibility analysis has been performed 

and is summarized as follows: 

The purpose of this proposed rule is 

to amend the DFARS to create unique 

prescriptions for the basic version and 

each alternate of DFARS part 232 

solicitation provisions and contract 

clauses, and to include the full text of 

each clause alternate. 

The use of automated contract writing 

systems will be facilitated by having 

unique prescriptions for the basic 

version and each alternate of DFARS 

solicitations provisions and clauses. The 

current convention requires the 

prescription for the basic provision or 

clause to address all the possibilities 

covered by the alternates, and then the 

prescription for each alternate addresses 

only what is different for the use of that 

particular alternate. This rule will revise 

the prescriptions so that the basic 

solicitation provision or clause and each 

alternate is unique and stands on its 

own. The prescriptions will not be 

revised in any way to change when they 

are applicable to offerors, contractors, or 

subcontractors. 

Additionally, the inclusion of the full 

text of each provision or clause alternate 

aims to make the terms of a provision 

or clause alternate clearer to offerors, as 

well as to DoD contracting officers. 

Instead of the current convention for 

alternates to show only paragraphs 

changed from the basic version of the 

provision or clause, this rule proposes 

to include the full text of each version 

of the clause. This will assist in making 

the terms of the clause clearer, because 

all paragraph substitutions will have 

already been made. Inapplicable 

paragraphs from the basic version of the 

clause that are superseded by the 

alternate are not included in the 

solicitation or contract to prevent 

confusion. 

Potential offerors, including small 

businesses, may be affected by this rule 

by seeing an unfamiliar format for 

clause alternates in solicitations and 

contracts issued by DoD contracting 

activities. An average of 12,618,521 new 

contracts was awarded in Fiscal Years 

2011 and 2012, and an average of 

1,557,852 of these actions (12.35%) was 

awarded to small businesses. It is 

unknown how many of these contracts 

were awarded that included an alternate 

to a DFARS provision or clause. Nothing 

substantive will change in solicitations 

or contracts for potential offerors, and 

only the appearance of how clause 

alternates are presented in the 

solicitations and contracts will be 

changed. 

This rule may result in potential 

offerors, including small businesses, 

expending more time to become familiar 

with and to understand the new format 

of the clause alternates in full text 

contained in contracts issued by any 

DoD contracting activity. The rule also 

anticipates saving contractors time by 

making all paragraph substitutions from 

the basic version of the clause, and not 

requiring the contractors to read 

inapplicable paragraphs contained in 

the basic version of the clause where 

alternates are also included in the 

solicitations and contracts. The overall 

burden caused by this rule is expected 

to be negligible and will not be any 

greater on small businesses than it is on 

large businesses. 

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–D014), in 

correspondence. 

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 232 and 

252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 232 and 252 

are proposed to be amended as follows: 

■ 1. The authority citation for parts 232 

and 252 continues to read as follows: 

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

Chapter 1. 

PART 232—CONTRACT FINANCING 

232.704–70 [Amended] 

■ 2. Amend section 232.704–70 by— 

■ a. In paragraph (a), removing 

‘‘Limitation of Government’s Obligation, 

the contracting officer’’ and adding 

‘‘Limitation of Government’s 

Obligation—Basic or Limitation of 

Government’s Obligation—Alternate I, 

the contracting officer’’ in its place. 

■ b. In paragraph (c), removing 

‘‘Limitation of Government’s Obligation, 

sufficient funds’’ and adding 

‘‘Limitation of Government’s 

Obligation—Basic or Limitation of 

Government’s Obligation—Alternate I, 

sufficient funds’’ in its place. 

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48406 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

■ 3. Revise section 232.705–70 to read 

as follows: 

232.705–70 Clause for limitation of 

Government’s obligation. 

Use the basic or the alternate of the 

clause at 252.232–7007, Limitation of 

Government’s Obligation, in 

solicitations and resultant incrementally 

funded fixed-price contracts. The 

contracting officer may revise the 

contractor’s notification period, in 

paragraph (c) of the clause, from 

‘‘ninety’’ to ‘‘thirty’’ or ‘‘sixty’’ days, as 

appropriate. 

(a) Use the clause Limitation of 

Government’s Obligation—Basic, if 

more than one line item will be 

incrementally funded. 

(b) Use the clause Limitation of 

Government’s Obligation—Alternate I, if 

only one line item will be incrementally 

funded. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Revise section 252.232–7007 to 

read as follows: 

252.232–7007 Limitation of Government’s 

Obligation. 

As prescribed in 232.705–70, use one 

of the following clauses: 

(a) Limitation of Government’s 

Obligation—Basic. For the specific 

prescription for the use of the basic 

clause, see 232.705–70(a). 

LIMITATION OF GOVERNMENT’S 

OBLIGATION—BASIC (DATE) 

(a) Contract line item(s) lllll through 

lllll are incrementally funded. For 

these item(s), the sum of $lllll of the 

total price is presently available for payment 

and allotted to this contract. An allotment 

schedule is set forth in paragraph (j) of this 

clause. 

(b) For item(s) identified in paragraph (a) 

of this clause, the Contractor agrees to 

perform up to the point at which the total 

amount payable by the Government, 

including reimbursement in the event of 

termination of those item(s) for the 

Government’s convenience, approximates the 

total amount currently allotted to the 

contract. The Contractor is not authorized to 

continue work on those item(s) beyond that 

point. The Government will not be obligated 

in any event to reimburse the Contractor in 

excess of the amount allotted to the contract 

for those item(s) regardless of anything to the 

contrary in the clause entitled ‘‘Termination 

for Convenience of the Government.’’ As 

used in this clause, the total amount payable 

by the Government in the event of 

termination of applicable contract line 

item(s) for convenience includes costs, profit, 

and estimated termination settlement costs 

for those item(s). 

(c) Notwithstanding the dates specified in 

the allotment schedule in paragraph (j) of this 

clause, the Contractor will notify the 

Contracting Officer in writing at least ninety 

days prior to the date when, in the 

Contractor’s best judgment, the work will 

reach the point at which the total amount 

payable by the Government, including any 

cost for termination for convenience, will 

approximate 85 percent of the total amount 

then allotted to the contract for performance 

of the applicable item(s). The notification 

will state (1) the estimated date when that 

point will be reached and (2) an estimate of 

additional funding, if any, needed to 

continue performance of applicable line 

items up to the next scheduled date for 

allotment of funds identified in paragraph (j) 

of this clause, or to a mutually agreed upon 

substitute date. The notification will also 

advise the Contracting Officer of the 

estimated amount of additional funds that 

will be required for the timely performance 

of the item(s) funded pursuant to this clause, 

for a subsequent period as may be specified 

in the allotment schedule in paragraph (j) of 

this clause or otherwise agreed to by the 

parties. If after such notification additional 

funds are not allotted by the date identified 

in the Contractor’s notification, or by an 

agreed substitute date, the Contracting 

Officer will terminate any item(s) for which 

additional funds have not been allotted, 

pursuant to the clause of this contract 

entitled ‘‘Termination for Convenience of the 

Government.’’ 

(d) When additional funds are allotted for 

continued performance of the contract line 

item(s) identified in paragraph (a) of this 

clause, the parties will agree as to the period 

of contract performance which will be 

covered by the funds. The provisions of 

paragraphs (b) through (d) of this clause will 

apply in like manner to the additional 

allotted funds and agreed substitute date, and 

the contract will be modified accordingly. 

(e) If, solely by reason of failure of the 

Government to allot additional funds, by the 

dates indicated below, in amounts sufficient 

for timely performance of the contract line 

item(s) identified in paragraph (a) of this 

clause, the Contractor incurs additional costs 

or is delayed in the performance of the work 

under this contract and if additional funds 

are allotted, an equitable adjustment will be 

made in the price or prices (including 

appropriate target, billing, and ceiling prices 

where applicable) of the item(s), or in the 

time of delivery, or both. Failure to agree to 

any such equitable adjustment hereunder 

will be a dispute concerning a question of 

fact within the meaning of the clause entitled 

‘‘Disputes.’’ 

(f) The Government may at any time prior 

to termination allot additional funds for the 

performance of the contract line item(s) 

identified in paragraph (a) of this clause. 

(g) The termination provisions of this 

clause do not limit the rights of the 

Government under the clause entitled 

‘‘Default.’’ The provisions of this clause are 

limited to the work and allotment of funds 

for the contract line item(s) set forth in 

paragraph (a) of this clause. This clause no 

longer applies once the contract is fully 

funded except with regard to the rights or 

obligations of the parties concerning 

equitable adjustments negotiated under 

paragraphs (d) and (e) of this clause. 

(h) Nothing in this clause affects the right 

of the Government to terminate this contract 

pursuant to the clause of this contract 

entitled ‘‘Termination for Convenience of the 

Government.’’ 

(i) Nothing in this clause shall be 

construed as authorization of voluntary 

services whose acceptance is otherwise 

prohibited under 31 U.S.C. 1342. 

(j) The parties contemplate that the 

Government will allot funds to this contract 

in accordance with the following schedule: 

On execution of contract ........ $lllll (month) (day), (year) ............... $lllll 

lllll 

lllll 

(End of clause) 

(b) Limitation of Government’s 

Obligation—Alternate I. For the specific 

prescription for the use of Alternate I, 

see 232.705–70(b). Alternate I uses a 

different paragraph (a) than the basic 

clause. 

LIMITATION OF GOVERNMENT’S 

OBLIGATION—ALTERNATE I (DATE) 

(a) Contract line item lllll is 

incrementally funded. The sum of 

$lllll is presently available for 

payment and allotted to this contract. An 

allotment schedule is contained in paragraph 

(j) of this clause. 

(b) For item(s) identified in paragraph (a) 

of this clause, the Contractor agrees to 

perform up to the point at which the total 

amount payable by the Government, 

including reimbursement in the event of 

termination of those item(s) for the 

Government’s convenience, approximates the 

total amount currently allotted to the 

contract. The Contractor is not authorized to 

continue work on those item(s) beyond that 

point. The Government will not be obligated 

in any event to reimburse the Contractor in 

excess of the amount allotted to the contract 

for those item(s) regardless of anything to the 

contrary in the clause entitled ‘‘Termination 

for Convenience of the Government.’’ As 

used in this clause, the total amount payable 

by the Government in the event of 

termination of applicable contract line 

item(s) for convenience includes costs, profit, 

and estimated termination settlement costs 

for those item(s). 

(c) Notwithstanding the dates specified in 

the allotment schedule in paragraph (j) of this 

clause, the Contractor will notify the 

Contracting Officer in writing at least ninety 

days prior to the date when, in the 

Contractor’s best judgment, the work will 

reach the point at which the total amount 

payable by the Government, including any 

cost for termination for convenience, will 

approximate 85 percent of the total amount 

then allotted to the contract for performance 

of the applicable item(s). The notification 

will state the estimated date when that point 

will be reached and an estimate of additional 

funding, if any, needed to continue 

performance of applicable line items up to 

the next scheduled date for allotment of 

funds identified in paragraph (j) of this 

clause, or to a mutually agreed upon 

substitute date. The notification will also 

advise the Contracting Officer of the 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48407 

estimated amount of additional funds that 

will be required for the timely performance 

of the item(s) funded pursuant to this clause, 

for a subsequent period as may be specified 

in the allotment schedule in paragraph (j) of 

this clause or otherwise agreed to by the 

parties. If after such notification additional 

funds are not allotted by the date identified 

in the Contractor’s notification, or by an 

agreed substitute date, the Contracting 

Officer will terminate any item(s) for which 

additional funds have not been allotted, 

pursuant to the clause of this contract 

entitled ‘‘Termination for Convenience of the 

Government.’’ 

(d) When additional funds are allotted for 

continued performance of the contract line 

item(s) identified in paragraph (a) of this 

clause, the parties will agree as to the period 

of contract performance which will be 

covered by the funds. The provisions of 

paragraphs (b) through (d) of this clause will 

apply in like manner to the additional 

allotted funds and agreed substitute date, and 

the contract will be modified accordingly. 

(e) If, solely by reason of failure of the 

Government to allot additional funds, by the 

dates indicated below, in amounts sufficient 

for timely performance of the contract line 

item(s) identified in paragraph (a) of this 

clause, the Contractor incurs additional costs 

or is delayed in the performance of the work 

under this contract and if additional funds 

are allotted, an equitable adjustment will be 

made in the price or prices (including 

appropriate target, billing, and ceiling prices 

where applicable) of the item(s), or in the 

time of delivery, or both. Failure to agree to 

any such equitable adjustment hereunder 

will be a dispute concerning a question of 

fact within the meaning of the clause entitled 

‘‘Disputes.’’ 

(f) The Government may at any time prior 

to termination allot additional funds for the 

performance of the contract line item(s) 

identified in paragraph (a) of this clause. 

(g) The termination provisions of this 

clause do not limit the rights of the 

Government under the clause entitled 

‘‘Default.’’ The provisions of this clause are 

limited to the work and allotment of funds 

for the contract line item(s) set forth in 

paragraph (a) of this clause. This clause no 

longer applies once the contract is fully 

funded except with regard to the rights or 

obligations of the parties concerning 

equitable adjustments negotiated under 

paragraphs (d) and (e) of this clause. 

(h) Nothing in this clause affects the right 

of the Government to terminate this contract 

pursuant to the clause of this contract 

entitled ‘‘Termination for Convenience of the 

Government.’’ 

(i) Nothing in this clause shall be 

construed as authorization of voluntary 

services whose acceptance is otherwise 

prohibited under 31 U.S.C. 1342. 

(j) The parties contemplate that the 

Government will allot funds to this contract 

in accordance with the following schedule: 

On execution of contract ........ $lllll 

(month) (day), (year) ............... $lllll 

(month) (day), (year) ............... $lllll 

(month) (day), (year) ............... $lllll 

(End of clause) 

* To be inserted after negotiation. 

[FR Doc. 2013–18976 Filed 8–7–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 246 and 252 

RIN 0750–AH95 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Quality Assurance 

(DFARS Case 2013–D004) 

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 

each set of quality assurance-related 

provisions/clauses with one or more 

alternates. In addition, the proposed 

rule would include the full text of each 

provision and/or clause alternate. 

DATES: Comments on the proposed rule 

should be submitted in writing to the 

address shown below on or before 

October 7, 2013, to be considered in the 

formation of a final rule. 

ADDRESSES: Submit comments 

identified by DFARS Case 2013–D004, 

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–D004’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2013– 

D004.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

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

D004’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2013–D004 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Susan 

Williams, 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. 

Susan Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6092; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to revise the DFARS 

to create an overarching prescription for 

the quality assurance clause with two 

alternates. The rule also proposes to add 

a separate prescription for the basic 

clause as well as each alternate. For 

clarity, the preface of each alternate will 

continue to explain what portions of 

that alternate are different from the 

basic clause. 

Separate prescriptions for the basic 

and alternates of DFARS clauses will 

facilitate the use of automated contract 

writing systems. The proposed rule will 

not revise the prescriptions in any 

substantive way or change the 

applicability of the clauses or their 

alternates. 

The inclusion of the full text of each 

clause alternate aims to make the terms 

of a clause alternate clearer to offerors 

and to DoD contracting officers. The 

current convention for alternates is to 

show only the changed paragraphs from 

the basic provision or clause. This 

proposed rule would include the full 

text of each clause and each alternate, 

which will assist in making solicitation 

and contract terms and conditions easier 

to read and understand. By placing 

alternates in full text, all paragraph 

substitutions from the basic clause will 

have already been made. Inapplicable 

paragraphs from the basic clause that 

are superseded by the alternate will not 

be included in the solicitation or 

contract in order to prevent confusion. 

Although this rule proposes to 

include each alternate in full, it retains 

the language that precedes the clause or 

alternate, which includes the location of 

the alternate’s prescription and a 

statement that identifies which 

paragraphs were changed from the basic 

clause. Further, alternates are proposed 

to have individual titles that tie them to 

the basic clause, e.g., ‘‘Warranty of 

Data—Alternate I’’ in lieu of ‘‘Alternate 

I.’’ 

II. Discussion 

This proposed rule addresses only the 

single DFARS part 246 clause that has 

alternates. The remaining prescriptions 

mstockstill on DSK4VPTVN1PROD with PROPOSALS