73450 Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 

[FR Doc. 2013–28814 Filed 12–5–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 201, 204, 212, 216, 225, 

227, and 252 

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. 

DATES: Effective December 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

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

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Revises the section heading at 

201.603 for consistency with the FAR. 

2. Corrects 204.7207(a) to conform to 

the FAR by changing ‘‘clause’’ to 

‘‘provision.’’ 

3. Corrects typographical error at 

203.906(1). 

4. Removes 212.301(f)(xlii) as a result 

of changes under DFARS final rule 

2013–D037, published on November 18, 

2013. 

5. Corrects cross-reference at 216.405– 

2–71(b) as a result of changes under 

DFARS final rule 2013–D037, published 

on November 18, 2013. 

6. Corrects e-CFR by removing 

subsections 225.370–1 through 225.370– 

6. 

7. Corrects the hyperlink at 

225.7401(b). 

8. Removes table of contents heading 

at 227.7203–7. 

9. Correct office designation at 

252.225–7004 and 252.225–7006. 

List of Subjects in 48 CFR Parts 201, 

204, 212, 216, 225, 227, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR Parts 201, 204, 212, 

216, 225, 227, and 252 are amended as 

follows: 

■ 1. The authority citation for 48 CFR 

Parts 201, 204, 212, 216, 225, 227, and 

252 continues to read as follows: 

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

chapter 1. 

PART 201—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

201.603 [Amended] 

■ 2. Section heading at 201.603 is 

amended by removing ‘‘termination of 

appointment’’ and adding ‘‘termination 

of appointment for contracting officers’’ 

in its place. 

203.906 [Amended] 

■ 3. Section 203.906(1) is amended by 

removing ‘‘203.903;’’ and adding 

‘‘203.903’’ in its place. 

PART 204—ADMINISTRATIVE 

MATTERS 

204.7207 [Amended] 

■ 4. Section 204.7207 paragraph (a) is 

amended by removing the word 

‘‘clause’’ and adding the word 

‘‘provision’’ in its place. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

212.301 [Amended] 

■ 5. Section 212.301 is amended by 

removing paragraph (f)(xlii) and 

redesignating (f)(xliii) through (lxviii) as 

(f)(xlii) through (lxvii). 

PART 216—TYPES OF CONTRACTS 

216.405–2–71 [Amended] 

■ 6. Section 216.405–2–71 paragraph (b) 

is amended by removing ‘‘252.225– 

7039’’ and adding ‘‘FAR 52.225–26’’ in 

its place. 

PART 225—FOREIGN ACQUISITION 

225.370–1 through 225.370–6 [Removed] 

■ 7. Remove sections 225.370–1 through 

225.370–6. 

225.7401 [Amended] 

■ 8. Section 225.7401 paragraph (b) is 

amended by removing ‘‘http://

www.per.hqusareur.army.mil/cpd/

docper/GermanyDefault.aspx’’ and 

adding ‘‘http://www.eur.army.mil/g1/

content/CPD/docper.html’’ in its place. 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

227.7203–7 [Removed] 

■ 9. Remove reserved section 227.7203– 

7. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.225–7004 [Amended] 

■ 10. Section 252.225–7004 paragraph 

(c)(5) is amended by removing 

‘‘OUSD(AT&L)DPAP(CPIC),’’ and 

adding ‘‘OUSD(AT&L) DPAP/CPIC,’’ in 

its place. 

252.225–7006 [Amended] 

■ 11. Section 252.225–7006 paragraph 

(d) is amended by removing 

‘‘OUSD(AT&L)DPAP(CPIC)’’ and adding 

‘‘OUSD(AT&L) DPAP/CPIC’’ in its place. 

[FR Doc. 2013–29146 Filed 12–5–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 225 

RIN 0750–AH84 

Defense Federal Acquisition 

Regulation Supplement: Preparation of 

Letter of Offer and Acceptance (DFARS 

Case 2012–D048) 

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 address the contracting 

officer role in assisting the DoD 

implementing agency in preparation of 

the letter of offer and acceptance for a 

foreign military sales program that will 

require an acquisition. 

DATES: Effective December 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 28793 on May 

16, 2013, to address the contracting 

officer role in assisting the DoD 

implementing agency in preparation of 

maindgalligan on DSK5TPTVN1PROD with RULES

Federal Register / Vol. 78, No. 235 / Friday, December 6, 2013 / Rules and Regulations 73451 

the letter of offer and acceptance for a 

foreign military sales program that will 

require an acquisition. No respondents 

submitted public comments in response 

to the proposed rule. There are no 

changes from the proposed rule in the 

final rule. 

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 

A final regulatory flexibility analysis 

has been prepared consistent with the 

Regulatory Flexibility Act, 5 U.S.C. 601, 

et seq., and is summarized as follows: 

This action is necessary because the 

directions to the contracting officer at 

PGI 225.7302 may have impact on 

prospective contractors, and therefore 

require relocation to the DFARS. The 

objective of this rule is to provide 

direction to the contracting officer on 

actions required to work with the 

prospective contractor to assist the DoD 

implementing activity in preparing the 

letter of offer and acceptance for a 

foreign military sales program that 

requires an acquisition. 

There were no comments in response 

to the initial regulatory flexibility 

analysis. The Chief Counsel for 

Advocacy of the Small Business 

Administration did not file any 

comments. 

The rule will apply to approximately 

380 small entities, based on the FPDS 

data for FY 2011 of the number of 

noncompetitive contract awards to 

small business entities that exceed 

$10,000 and use FMS funds. 

There is no required reporting or 

recordkeeping. The rule requires the 

contracting officer to communicate with 

a prospective FMS contractor in order to 

assist the DoD implementing agency in 

preparation of the letter of offer and 

acceptance. The contracting officer may 

request information on price, delivery, 

and other relevant factors, and provide 

information to the prospective 

contractor with regard to the FMS 

customer. 

DoD does not expect the rule will 

have a significant economic impact on 

a significant number of small entities. 

No significant alternatives were 

identified that would accomplish the 

objectives of the rule. 

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 Part 225 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR Part 225 is 

amended as follows: 

PART 225—FOREIGN ACQUISITION 

■ 1. The authority citation for 48 CFR 

Part 225 continues to read as follows: 

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

chapter 1. 

■ 2. Section 225.7302 is revised to read 

as follows: 

225.7302 Preparation of letter of offer and 

acceptance. 

For FMS programs that will require an 

acquisition, the contracting officer shall 

assist the DoD implementing agency 

responsible for preparing the Letter of 

Offer and Acceptance (LOA) by— 

(1) Working with prospective 

contractors to— 

(i) Identify, in advance of the LOA, 

any unusual provisions or deviations 

(such as those requirements for Pseudo 

LOAs identified at PGI 225.7301); 

(ii) Advise the contractor if the DoD 

implementing agency expands, 

modifies, or does not accept any key 

elements of the prospective contractor’s 

proposal; 

(iii) Identify any logistics support 

necessary to perform the contract (such 

as those requirements identified at PGI 

225.7301); and 

(iv) For noncompetitive acquisitions 

over $10,000, ask the prospective 

contractor for information on price, 

delivery, and other relevant factors. The 

request for information shall identify 

the fact that the information is for a 

potential foreign military sale and shall 

identify the foreign customer; and 

(2) Working with the DoD 

implementing agency responsible for 

preparing the LOA, as specified in PGI 

225.7302. 

[FR Doc. 2013–29153 Filed 12–5–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 231 

RIN 0750–AH76 

Defense Federal Acquisition 

Regulation Supplement: Unallowable 

Fringe Benefit Costs (DFARS Case 

2012–D038) 

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 explicitly state that fringe 

benefit costs that are contrary to law, 

employer-employee agreement, or an 

established policy of the contractor are 

unallowable. 

DATES: Effective December 6, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Susan Williams, telephone 571–372– 

6092. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 13606 on 

February 28, 2013, to revise the DFARS 

at 231.205–6 to implement the Director 

of Defense Pricing policy memo 

‘‘Unallowable Costs for Ineligible 

Dependent Health Care Benefits’’, dated 

February 17, 2012. This rule adds 

paragraph 231.205–6(m)(1) to explicitly 

state that fringe benefit costs that are 

contrary to law, employer-employee 

agreement, or an established policy of 

the contractor are unallowable. 

II. Discussion and Analysis of Public 

Comments 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made as a result of those 

comments is provided, as follows: 

A. Summary of Significant Changes 

from the Proposed Rule 

After consideration of a public 

comment, DoD determined that the 

reference to ‘‘incurred or estimated’’ 

within the DFARS text should be 

deleted. 

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