76318 Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 

Section 113(k), 42 U.S.C. 9613(k) and 

CERCLA Section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

the EPA relied on for recommendation 

for the deletion from the NPL are 

available to the public in the 

information repositories, and a notice of 

availability of the Notice of Intent for 

Deletion has been published in The Port 

Arthur News to satisfy public 

participation procedures required by 40 

CFR 300.425(e)(4). 

Determination That the Criteria for 

Deletion Have Been Met 

In accordance with 40 CFR 

300.425(e), sites may be deleted from 

the NPL where no further response is 

appropriate. The EPA has determined 

that the criteria for deletion have been 

met. The EPA has implemented all 

appropriate response actions required 

and no further response action by 

responsible parties is appropriate. EPA 

received a letter, dated May 26, 2011, 

from the State of Texas, through the 

Texas Commission on Environmental 

Quality, concurring on the deletion of 

PBL Superfund Site from the NPL. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Texas, through the Texas 

Commission on Environmental Quality, 

has determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, 

monitoring, and Five-Year Reviews, 

have been completed. Therefore, EPA is 

deleting the PBL Superfund Site from 

the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective February 6, 2012 

unless EPA receives adverse comments 

by January 6, 2012. If adverse comments 

are received within the 30-day public 

comment period, EPA will publish a 

timely withdrawal of this direct final 

notice of deletion before the effective 

date of the deletion and it will not take 

effect. EPA will prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: November 14, 2011. 

Al Armendariz, 

Regional Administrator, Region 6. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to Part 300 

is amended by removing the entry 

‘‘Palmer Barge Line, Port Arthur’’ under 

TX. 

[FR Doc. 2011–31268 Filed 12–6–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 202, 204, 205, 206, 207, 

209, 211, 212, 213, 214, 215, 216, 217, 

219, 225, 227, 234, 237, 243, 252, and 

Appendix A to Chapter 2 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes and guidance to contracting 

officers. 

DATES: Effective Date: December 7, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mary Overstreet, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone (703) 602–0311; facsimile 

(703) 602–0350. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Updates the definition of 

‘‘Contracting activity’’ at 202.101. 

2. Directs contracting officers to 

additional procedures and guidance by 

adding references to the DFARS PGI at 

204.402, 204.403, 205.207(a)(i) and 

(d)(iii), 215.407–2, 219.202–1, 219.301– 

2, 219.301–3, 237.102–75, and 237.102– 

76. 

3. Corrects references in 206.203(b), 

207.471(b), 209.105–1(2), 209.403, 

209.406–1(a)(i)(A), 211.002, 

212.503(a)(x), 212.504(a)(xvi), 

213.301(2), 214.404–1, 216.603–4(b)(3), 

225.7501(a)(2)(i), 227.304–1, 234.003, 

234.201(4), and 243.204–71(b). 

4. Adds a paragraph at 217.171(d) 

reflecting a statutory threshold for 

multiyear contracts for services that was 

inadvertently omitted from a final rule 

published at 76 FR 58152 on September 

20, 2011. This coverage was previously 

included at DFARS 217.171(a)(6). 

5. Revises the subpart 217.5 heading 

to align with the Federal Acquisition 

Regulation (FAR), redesignates 

217.500(b) as 217.500(a), and 

redesignates 217.504 as 217.503 and 

adds a FAR reference. 

6. Makes minor editorial corrections 

at 225.403(c) and 227.7203–15(c)(1) 

through (4). 

7. Makes minor corrections to clause 

dates, format, addresses, and references 

in the clauses at 252.203–7003, 

252.211–7003, 252.212–7001, 252.227– 

7015, 252.229–7006, 252.229–7008, and 

252.235–7002. 

8. Adds an editorial footnote to the 

charter for the Armed Services Board of 

Contract Appeals in Appendix A to 

cross reference to a revised statutory 

citation. 

List of Subjects in 48 CFR Parts 202, 

204, 205, 206, 207, 209, 211, 212, 213, 

214, 215, 216, 217, 219, 225, 227, 234, 

237, 243, 252, and Appendix A to 

Chapter 2 

Government procurement. 

Mary Overstreet, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 202, 204, 205, 

206, 207, 209, 211, 212, 213, 214, 215, 

216, 217, 219, 225, 227, 234, 237, 243, 

252, and Appendix A to Chapter 2 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 202, 204, 205, 206, 207, 209, 211, 

212, 213, 214, 215, 216, 217, 219, 225, 

227, 234, 237, 243, 252 and Appendix 

A to Chapter 2 continues to read as 

follows: 

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

chapter 1. 

PART 202—DEFINITIONS OF WORDS 

AND TERMS 

202.101 [Amended] 

■ 2. Section 202.101 is amended by— 

■ a. Amending the Department of 

Defense list by removing the 

‘‘Counterintelligence Field Activity’’; 


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■ b. Amending the Department of 

Defense list by removing ‘‘Washington 

Headquarters Services, Acquisition and 

Procurement Office’’ and adding in its 

place ‘‘Washington Headquarters 

Services, Acquisition Directorate’’; 

■ c. Amending the Navy list by 

removing ‘‘Office of the Deputy 

Assistant Secretary of the Navy 

(Acquisition & Logistics Management)’’ 

and adding in its place ‘‘Office of the 

Deputy Assistant Secretary of the Navy 

(Acquisition & Procurement)’’; and 

■ d. Removing the Defense Business 

Transformation Agency Contracting 

Office. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.402 [Amended] 

■ 3. Section 204.402 is amended by 

adding the parenthetical phrase ‘‘(see 

PGI 204.402)’’ at the end of the 

sentence. 

■ 4. Section 204.403 is added to read as 

follows: 

204.403 Responsibilities of contracting 

officers. 

Contracting officers shall ensure that 

solicitations comply with PGI 204.403. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

■ 5. Section 205.207 is amended by— 

■ a. Adding a new paragraph (a)(i); and 

■ b. Adding a new paragraph (d)(iii). 

The additions read as follows: 

205.207 Preparation and transmittal of 

synopses. 

(a)(i) For numbering synopsis notices, 

follow the procedures at PGI 

205.207(a)(i). 

(d)(i) * * * 

(iii) For special notices for small 

business events, follow the procedures 

at PGI 205.207(d)(ii). 

PART 206—COMPETITION 

REQUIREMENTS 

206.203 [Amended] 

■ 6. Section 206.203 is amended by 

removing ‘‘(see 226.7003)’’ and adding 

in its place ‘‘(see 226.370)’’. 

PART 207—ACQUISITION PLANNING 

207.471 [Amended] 

■ 7. Section 207.471(b) is amended by 

removing ‘‘Chapter 7, Section 070207’’ 

and adding in its place ‘‘Chapter 6, 

section 060206’’. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209–105–1 [Amended] 

■ 8. Section 209.105–1(2) is amended by 

removing ‘‘(see PGI 212.403(c) and PGI 

249.470)’’ and adding in its place ‘‘(see 

subpart 42.15)’’. 

209.403 [Amended] 

■ 9. Section 209.403(1) is amended by 

removing ‘‘Navy’’ and adding in its 

place ‘‘Navy/Marine Corps’’. 

209.406–1 [Amended] 

■ 10. Section 209.406–1(a)(i)(A) is 

amended by removing ‘‘Subpart 203.70’’ 

and adding in its place ‘‘FAR subpart 

3.10’’. 

PART 211—DESCRIBING AGENCY 

NEEDS 

211–002 [Amended] 

■ 11. Section 211.002 is amended by— 

■ a. Removing ‘‘DoDD 5000.1,’’ and 

adding in its place ‘‘DoDD 5000.01,’’; 

and 

■ b. Removing ‘‘DoDI 5000.2,’’ and 

adding in its place ‘‘DoDI 5000.02,’’. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.503 [Amended] 

■ 12. Section 212.503(a)(x) is amended 

by removing ‘‘see 225.7019–2(b) 

(Section 8064 of Pub. L. 106–259)’’ and 

adding in its place ‘‘see 225.7009–3 

(section 8065 of Pub. L. 107–117)’’. 

212.504 [Amended] 

■ 13. Section 212.504(a)(xvi) is 

amended by removing ‘‘see 225.7009– 

2(b) (Section 9064 of Pub. L. 106–259)’’ 

and adding in its place ‘‘see 225.7009– 

3 (section 8065 of Pub. L. 107–117)’’. 

PART 213—SIMPLIFIED ACQUISITION 

PROCEDURES 

213.301 [Amended] 

■ 14. Section 213.301(2) is amended by 

removing ‘‘201.603–3(b)’’ and adding in 

its place ‘‘201.603–3(a)’’. 

PART 214—SEALED BIDDING 

214.404–1 [Amended] 

■ 15. Section 214.404–1 is amended by 

removing ‘‘(FAR 14.404–1(c) and (e)’’ 

and adding in its place ‘‘FAR 14.404– 

1(c) and (e)(1)’’. 

PART 215—CONTRACTING BY 

NEGOTIATION 

■ 16. Section 215.407–2(a) is added to 

read as follows: 

215.407–2 Make-or-buy programs. 

(a) General. See PGI 215.407–2 for 

guidance on factors to consider when 

deciding whether to request a make-orbuy plan and for factors to consider 

when evaluating make-or-buy plan 

submissions. 

* * * * * 

PART 216—TYPES OF CONTRACTS 

216.603–4 [Amended] 

■ 17. Section 216.603–4(b)(3) is 

amended by removing ‘‘217.7405(b)’’ 

and replacing it with ‘‘217.7406(b)’’. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 18. Section 217.171(d) is added to 

read as follows: 

217.171 Multiyear contracts for services. 

* * * * * 

(d) The head of an agency may not 

initiate a multiyear contract for services 

if the value of the multiyear contract 

exceeds $625.5 million unless a law 

specifically provides authority for the 

contract (10 U.S.C. 2306(c)). 

Subpart 217.5—Interagency 

Acquisitions 

■ 19. Subpart 217.5 heading is revised 

as set forth above. 

217.500 [Amended] 

■ 20. In section 217.500, paragraph (b) 

is redesignated as paragraph (a). 

217.504 [Redesignated as 217.503] 

■ 21. Section 217.504 is redesignated as 

section 217.503 and revised to read as 

follows: 

217.503 Ordering procedures. 

(a) When the requesting agency is 

within DoD, a copy of the executed 

determination and findings required by 

FAR 17.502–2 shall be furnished to the 

servicing agency as an attachment to the 

order. When a DoD contracting office is 

acting as the servicing agency, a copy of 

the executed determination and findings 

shall be obtained from the requesting 

agency and placed in the contract file 

for the Economy Act order. 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 22. Section 219.202–1 is added to read 

as follows: 

219.202–1 Encouraging small business 

participation in acquisitions. 

See PGI 205.207(d)(iii) for information 

on how to advertise a small business 

event on the Government point of entry. 


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■ 23. Section 219.301–2 is added to read 

as follows: 

219.301–2 Rerepresentation by a 

contractor that represented itself as a small 

business concern. 

Follow the procedures at PGI 

204.606(4)(vii) for reporting 

modifications for rerepresentation 

actions. 

■ 24. Section 219.301–3 is added to read 

as follows: 

219.301–3 Rerepresentation by a 

contractor that represented itself as other 

than a small business concern. 

Follow the procedures at PGI 

204.606(4)(vii) for reporting 

modifications for rerepresentation 

actions. 

PART 225—FOREIGN ACQUISITION 

225.403 [Amended] 

■ 25. Section 225.403(c) is amended— 

■ a. In paragraph (i)(B), by removing ‘‘; 

or’’ and adding in its place ‘‘;’’; 

■ b. In paragraph (ii)(B), by removing 

‘‘.’’ and adding in its place ‘‘; or’’. 

■ 26. Section 225.7501(a)(2)(i) is 

amended by removing ‘‘225.104(a)(iii)’’ 

and adding in its place ‘‘225.104(a)’’. 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

227.304–1 [Amended] 

■ 27. Section 227.304–1 is amended by 

removing the parenthetical phrase 

‘‘(FAR 27.304–1(e)(2)(ii))’’. 

227.7203–15 [Amended] 

■ 28. Section 227.7203–15(c) is 

amended— 

■ a. In paragraph (1), by removing 

‘‘252.227.7014’’ and adding in its place 

‘‘252.227–7014; 

■ b. In paragraph (2), by removing 

‘‘252.227.7019’’ and adding in its place 

‘‘252.227–7019’’; 

■ c. In paragraph (3), by removing 

‘‘252.227.7025’’ and adding in its place 

‘‘252.227–7025’’; and 

■ d. In paragraph (4), by removing 

252.227.7028’’ and adding in its place 

‘‘252.227–7028’’. 

PART 234—MAJOR SYSTEM 

ACQUISITION 

234.003 [Amended] 

■ 29. Section 234.003 is amended by— 

■ (a) Removing ‘‘DoDD 5000.1’’ and 

adding in its place ‘‘DoDD 5000.01’’; 

and 

■ (b) Removing ‘‘DoDI 5000.2’’ and 

adding in its place ‘‘DoDI 5000.02’’. 

234.201 [Amended] 

■ 30. Section 234.201(4) is amended by 

removing ‘‘PGI 234.201(4)’’ and adding 

in its place ‘‘PGI 234.201(3)’’. 

PART 237—SERVICE CONTRACTING 

■ 31. Section 237.102–75 is added to 

read as follows: 

237.102–75 Guidebook for the acquisition 

of services. 

See PGI 237.102–75 for the 

‘‘Guidebook for the Acquisition of 

Services.’’ 

■ 32. Section 237.102–76 is added to 

read as follows: 

237.102–76 Review criteria for the 

acquisition of services. 

See PGI 237.102–76 for tenets and 

review criteria to be used when 

conducting preaward and postaward 

reviews for the acquisition of services. 

PART 243—CONTRACT 

MODIFICATIONS 

243.204–71 [Amended] 

■ 33. Section 243.204–71(b) is amended 

by removing ‘‘PGI 243.204–70(b)’’ and 

adding in its place ‘‘PGI 243.204–71(b)’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 34. Section 252.203–7003 is revised to 

read as follows: 

252.203–7003, Agency Office of the 

Inspector General. 

As prescribed in 203.1004(a), use the 

following clause: 

AGENCY OFFICE OF THE INSPECTOR 

GENERAL (DEC 2011) 

The agency office of the Inspector General 

referenced in paragraphs (c) and (d) of FAR 

clause 52.203–13, Contractor Code of 

Business Ethics and Conduct, is the DoD 

Office of Inspector General at the following 

address: 

Department of Defense Office of Inspector 

General, Investigative Policy and Oversight, 

4800 Mark Center Drive, Suite 11H25, 

Alexandria, VA 22350–1500, For FedEx or 

UPS packages, use this zip code: 22311, Toll 

Free Telephone: (866) 429–8011. (End of 

clause) 

252.211–7003 [Amended] 

■ 35. Section 252.211–7003, Alternate I 

is amended by— 

■ a. Amending the clause date by 

removing ‘‘(AUG 2008)’’ and adding in 

its place ‘‘(DEC 2011)’’. 

■ b. Amending the introductory text by 

removing ‘‘211.274–4(c)’’ and adding in 

its place ‘‘211.274–6(a)(4)’’. 

252.212–7001 [Amended] 

■ 36. Section 252.212–7001 is amended 

by— 

■ a. Amending the introductory text by 

removing ‘‘and 227.7103–6(a) and (e)’’; 

■ b. Amending the clause date by 

removing ‘‘(OCT 2011)’’ and adding in 

its place ‘‘(DEC 2011)’’; 

■ c. Amending paragraph (b)(1) by 

removing ‘‘(JAN 2009)’’ and adding in 

its place ‘‘(SEP 2011)’’; 

■ d. Amending paragraph (b)(4) by 

removing ‘‘(OCT 2010)’’ and adding in 

its place ‘‘(SEP 2011)’’; 

■ e. Redesignating paragraph (b)(16) as 

(b)(17 and paragraph (b)(17) as (b)(16); 

■ f. Amending paragraph (b)(20) by 

removing ‘‘(MAR 2011)’’ and adding in 

its place ‘‘(DEC 2011)’’; and 

■ g. Amending paragraph (c)(3) by 

removing ‘‘(SEP 2011)’’ and adding in 

its place ‘‘(DEC 2011). 

252.227–7015 [Amended] 

■ 37. Section 252.227–7015 is amended 

by— 

■ a. Amending the introductory text by 

removing ‘‘227.7102–3(a)(1)’’ and 

adding in its place ‘‘227.7102–4(a)(1)’’; 

■ b. Amending the clause date by 

removing ‘‘(SEP 2011)’’ and adding in 

its place ‘‘(DEC 2011)’’; 

■ c. Amending the Alternate I clause 

date by removing ‘‘(MAR 2011)’’ and 

adding in its place ‘‘(DEC 2011)’’; and 

■ d. Amending the Alternate I 

introductory text by removing 

‘‘227.7102–3(a)(2)’’ and adding in its 

place ‘‘227.7102–4(a)(2)’’. 

■ 38. Section 252.229–7006 is revised to 

read as follows: 

252.229–7006 Value Added Tax Exclusion 

(United Kingdom) 

As prescribed in 229.402–70(f), use 

the follow clause: 

VALUE ADDED TAX EXCLUSION 

(UNITED KINGDOM) (DEC 2011) 

The supplies or services identified in this 

contract are to be delivered at a price 

exclusive of value added tax under 

arrangements between the appropriate 

United States authorities and Her Majesty’s 

Revenue and Customs (HMRC) (Reference 

HMRC Notice 431, entitled ‘‘Relief from 

Customs Duty and/or Value Added Tax on 

United States Government Expenditures in 

the United Kingdom’’). By executing this 

contract, the Contracting Officer certifies that 

these supplies or services are being 

purchased for United States Government 

official purposes only. (End of clause) 

■ 39. Section 252.229–7008 is revised to 

read as follows: 

252.229–7008 Relief from Import Duty 

(United Kingdom) 

As prescribed in 229.402–70(h), use 

the following clause: 


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Federal Register / Vol. 76, No. 235 / Wednesday, December 7, 2011 / Rules and Regulations 76321 

RELIEF FROM IMPORT DUTY 

(UNITED KINGDOM) (DEC 2011) 

Any import dutiable articles, components, 

or raw materials supplied to the United 

States Government under this contract shall 

be exclusive of any United Kingdom import 

duties. Any imported items supplied for 

which import duty already has been paid 

will be supplied at a price exclusive of the 

amount of import duty paid. The Contractor 

is advised to contact Her Majesty’s Revenue 

and Customs (HMRC) to obtain a refund 

upon completion of the contract (Reference 

HMRC Notice No. 431, entitled ‘‘Relief from 

Customs Duty and/or Value Added Tax on 

United States Government Expenditures in 

the United Kingdom’’). (End of clause) 

252.235–7002 [Amended] 

■ 40. Section 252.235–7002 is amended 

by— 

■ a. Amending the clause date by 

removing ‘‘(DEC 1991)’’ and adding in 

its place ‘‘(DEC 2011)’’; and 

■ b. Amending paragraph (a) by 

removing ‘‘7 U.S.C. 2316’’ and adding in 

its place ‘‘7 U.S.C. 2136’’. 

■ Appendix A to Chapter 2—[Amended] 

■ 41. Appendix A to Chapter 2, Part 1— 

Charter, paragraph 1 is amended by 

removing ‘‘(41 U.S.C. Sect 601, et seq.)’’ 

and adding in its place ‘‘(41 U.S.C. 

Section 7101–7109)’’. 

[FR Doc. 2011–31324 Filed 12–6–11; 8:45 am] 

BILLING CODE 5001–06–P 


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