Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48397 

Area De Tour Gros Cap Any harbor 

Gros Cap ..................................................................................................................................... $2,648 N/A N/A 

Algoma Steel Corporation Wharf at Sault Ste. Marie, Ontario ................................................... 2,648 997 N/A 

Any point in Sault Ste. Marie, Ontario, except the Algoma Steel Corporation Wharf ................ 2,219 997 N/A 

Sault Ste. Marie, MI ..................................................................................................................... 2,219 997 N/A 

Harbor Movage ............................................................................................................................ N/A N/A $997 

(c) Area 8 (Undesignated Waters): 

Service Lake Superior 

6-hour Period ...................... $601 

Docking or Undocking ........ 571 

§ 401.420 [Amended] 

■ 7. Amend § 401.420 as follows: 

■ a. In paragraph (a), remove the text 

‘‘$126’’ and add, in its place, the text 

‘‘$129’’; and remove the text ‘‘$1,972’’ 

and add, in its place, the text ‘‘$2,021’’; 

■ b. In paragraph (b), remove the text 

‘‘$126’’ and add, in its place, the text 

‘‘$129’’; and remove the text ‘‘$1,972’’ 

and add, in its place, the text ‘‘$2,021’’; 

and 

■ c. In paragraph (c)(1), remove the text 

‘‘$744’’ and add, in its place, the text 

‘‘$763’’; and in paragraph (c)(3), remove 

the text ‘‘$126’’ and add, in its place, the 

text ‘‘$129’’, and remove the text 

‘‘$1,972’’ and add, in its place, the text 

‘‘$2,021’’. 

§ 401.428 [Amended] 

■ 8. In § 401.428, remove the text 

‘‘$744’’ and add, in its place, the text 

‘‘$763’’. 

Dated: July 31, 2013. 

Rajiv Khandpur, 

Acting Director, Marine Transportation 

Systems Management, U.S. Coast Guard. 

[FR Doc. 2013–19209 Filed 8–7–13; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 212, 216, 247, and 252 

RIN 0750–AH90 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Transportation (DFARS 

Case 2012–D057) 

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 transportation-related 

provisions/clauses with one or more 

alternates. The rule also proposes to add 

a separate prescription for the basic 

clause as well as each alternate. 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 2012–D057, 

using any of the following methods: 

Æ Regulations.gov: http:// 

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

entering ‘‘DFARS Case 2012–D057’’ 

under the heading ‘‘Enter keyword or 

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

link ‘‘Submit a Comment’’ that 

corresponds with ‘‘DFARS Case 2012– 

D057.’’ Follow the instructions provided 

at the ‘‘Submit a Comment’’ screen. 

Please include your name, company 

name (if any), and ‘‘DFARS Case 2012– 

D057’’ on your attached document. 

Æ Email: dfars@osd.mil. Include 

DFARS Case 2012–D057 in the subject 

line of the message. 

Æ Fax: 571–372–6094. 

Æ Mail: Defense Acquisition 

Regulations System, Attn: Ms. Meredith 

Murphy, 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. 

Meredith Murphy, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP/DARS, Room 

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6098; facsimile 

571–372–6101. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD is proposing to amend the 

DFARS to create an overarching 

prescription for each set of 

transportation-related provisions/ 

clauses with one or more alternates. The 

rule also proposes to add a separate 

prescription for the basic clause as well 

as each alternate. In addition, the 

proposed rule would include the full 

text of each provision/clause alternate. 

For clarity, the preface of the alternate 

will continue to explain what portions 

of that alternate are different from the 

basic provision/clause. 

Separate prescriptions for the basic 

and alternates of DFARS provisions and 

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 

provisions/clauses or their alternates. 

The inclusion of the full text of each 

provision/clause alternate aims to make 

the terms of a provision/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 

provision/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 provision/ 

clause will have already been made. 

Inapplicable paragraphs from the basic 

provision/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 

provision/clause or alternate, which 

includes the location of the alternate’s 

prescription and a statement that 

identifies which paragraphs were 

changed from the basic provision/ 

clause. Further, alternates are proposed 

to have individual titles that tie them to 

the basic clause, e.g., ‘‘Requirements— 

Alternate I’’ in lieu of ‘‘Alternate I.’’ 

This rule proposes to revise the 

naming convention for provisions/ 

clauses with alternates to indicate that 

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48398 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

there is at least one alternate by revising 

the title of the basic clause to read 

‘‘Title—Basic.’’ Thus, if adopted as 

final, the naming convention will 

differentiate at the provision/clause title 

whether there are any alternates 

associated with that provision/clause. 

II. Discussion 

This proposed rule addresses only the 

solicitation provisions and clauses in 

DFARS part 247 that have, or are, 

alternates. The remaining prescriptions 

in DFARS part 247 are not proposed to 

be changed in any way by this proposed 

rule. 

There are three DFARS 

transportation-related provisions/ 

clauses that would be affected by this 

rule, as follows: 

• 252.247–7008, Evaluation of Bids, 

with one alternate. 

• 252.247–7023, Transportation of 

Supplies by Sea, with three alternates. 

• 252.247–7015, which is an alternate 

to FAR 52.216–21. 

The clause currently at DFARS 

252.247–7015, Requirements, presents a 

unique situation. Although it is located 

with transportation clauses, it is an 

alternate to be used with the basic FAR 

clause at 52.216–21, also entitled 

‘‘Requirements,’’ and with Alternate III 

to the FAR clause. This rule proposes to 

create a stand-alone DFARS clause and 

one alternate and to relocate them to 

DFARS 252.216 because they apply 

principally to requirement contracts 

rather than transportation. The rule 

proposes to create the corresponding 

prescriptions at 216.506(d). 

The other two clauses addressed in 

this proposed rule are proposed to 

remain in DFARS 252.247. DFARS 

252.247–7008, Evaluation of Bids, and 

its Alternate I are prescribed at DFARS 

247.271–3(a). The introductory text in 

DFARS 247.271–3 provides the 

overarching prescription for 15 

provisions/clauses. This rule proposes 

to revise paragraph (a) of DFARS 

247.271–3 to provide the prescriptions 

for DFARS 252.247–7008, Evaluation of 

Bids. ‘‘Alternate I’’ to DFARS 252.247– 

7008 would be prescribed to apply 

when adding ‘‘additional services’’ 

items to the schedule. The text of the 

current DFARS 252.247–7008 Alternate 

I would no longer consist solely of 

paragraph (e); it would be renamed 

252.247–7008, Evaluation of Bids— 

Alternate I, and its text would include 

the entire text of DFARS 252.247–7008 

with the addition of paragraph (e). 

The clause at DFARS 252.247–7023, 

Transportation of Supplies by Sea, 

currently has three alternates and is 

prescribed at DFARS 247.574(b). The 

rule proposes to add a prescription for 

the basic clause at DFARS 247.574(b)(1). 

The rule also proposes to eliminate 

Alternate III, because it proposes to 

revise the basic clause and Alternates I 

and II to add the phrase ‘‘If this contract 

exceeds the simplified acquisition 

threshold’’ as a condition precedent to 

the applicability of paragraphs (f) and 

(g). This change would eliminate the 

need for Alternate III, which applies 

only when the anticipated value of the 

procurement is at or below the 

simplified acquisition threshold. 

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 it merely revises the format, not 

the substance, of prescriptions for 

provisions and clauses with alternates, 

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 case is to amend 

the Defense Federal Acquisition 

Regulation Supplement (DFARS) to 

create an overarching prescription for 

each set of provisions/clauses with one 

or more alternates. The overarching 

prescription is intended to include the 

common requirements for the use of that 

provision/clause set. 

The use of automated contract writing 

systems will be facilitated by revising 

the prescription format for DFARS 

provisions/clauses that have one or 

more alternates. This rule proposes to 

revise the prescription format so that 

there is an overarching prescription that 

covers the elements that the basic 

provision/clause and all its alternates 

have in common. Then, there will be a 

separate prescription for use of the basic 

prescription/clause and each alternate. 

In addition, each alternate provision/ 

clause will be presented in total, not just 

the paragraph or section that is different 

from the basic provision/clause. This 

will make the terms of a provision or 

clause alternate clearer to offerors, as 

well as to DoD contracting officers, 

because all paragraph substitutions will 

have already been made. Inapplicable 

paragraphs from the basic provision/ 

clause that are superseded by the 

alternate will not be included in the 

solicitation or contract to prevent 

confusion. 

Potential offerors, including small 

businesses, initially may be affected by 

this rule by seeing an unfamiliar format 

for provision/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 provision/clause 

alternates are presented in 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 

provision/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 clause, and by not requiring 

offerors to read inapplicable paragraphs 

contained in the basic provisions/ 

clauses 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 determined 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 

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Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48399 

U.S.C. 610 (DFARS Case 2012–D057), 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 212, 

216, 247, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CRF parts 212, 216, 247, 

and 252 are proposed to be amended as 

follows: 

■ 1. The authority citation for parts 212, 

216, 247, and 252 continues to read as 

follows: 

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

Chapter 1. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 2. Section 212.301 is amended by 

revising paragraph (f)(lvii) to read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) * * * 

(lvii) Use the clause at 252.247–7023, 

Transportation of Supplies by Sea, as 

prescribed in 247.574(b)(1), to comply 

with the Cargo Preference Act of 1904 

(10 U.S.C. 2631(a)). 

(A) Use the clause Transportation of 

Supplies by Sea—Basic, as prescribed in 

247.574(b)(1). 

(B) Use the clause Transportation of 

Supplies by Sea—Alternate I, as 

prescribed in 247.574(b)(2). 

(C) Use the clause Transportation of 

Supplies by Sea—Alternate II, as 

prescribed in 247.574(b)(3). 

* * * * * 

PART 216—TYPES OF CONTRACTS 

■ 3. Amend section 216.506 by revising 

paragraph (d) to read as follows: 

216.506 Solicitation provisions and 

contract clauses. 

* * * * * 

(d) Use the basic or the alternate of 

the clause at 252.216–70XX, 

Requirements, in lieu of the clause at 

FAR 52.216–21, Requirements, in 

solicitations and contracts when a 

requirement for the preparation of 

personal property for shipment or 

storage, or for the performance of intracity or intra-area movement, is 

contemplated. 

(1) Use the clause Requirements— 

Basic if the acquisition does not involve 

a partial small business set-aside. 

(2) Use the clause Requirements— 

Alternate I if the acquisition involves a 

partial small business set-aside. 

* * * * * 

PART 247—TRANSPORTATION 

■ 4. Revise section 247.271–3 to read as 

follows: 

247.271–3 Solicitation provisions, 

schedule formats, and contract clauses. 

When acquiring services for the 

preparation of personal property for 

movement or storage, or for performance 

of intra-city or intra-area movement, use 

the following provisions, clauses, and 

schedules. Revise solicitation provisions 

and schedules, as appropriate, if using 

negotiation rather than sealed bidding. 

Overseas commands, except those in 

Alaska and Hawaii, may modify these 

clauses to conform to local practices, 

laws, and regulations. 

(a) The basic or the alternate of the 

provision at 252.247–7008, Evaluation 

of Bids. 

(1) Use the provision Evaluation of 

Bids—Basic when there are no 

‘‘additional services’’ items being added 

to the schedule. 

(2) Use the provision Evaluation of 

Bids—Alternate I when adding 

‘‘additional services’’ items to the 

schedule. 

(b) The provision at 252.247–7009, 

Award. 

(c) In solicitations and resulting 

contracts, the schedules provided by the 

installation personal property shipping 

office. Follow the procedures at PGI 

247.271–3(c) for use of schedules. 

(d) The clause at 252.247–7010, Scope 

of Contract. 

(e) The clause at 252.247–7011, Period 

of Contract. When the period of 

performance is less than a calendar year, 

modify the clause to indicate the 

beginning and ending dates. However, 

the contract period must not end later 

than December 31 of the year in which 

the contract is awarded. 

(f) In addition to designating each 

ordering activity, as required by the 

clause at FAR 52.216–18, Ordering, 

identify by name or position title the 

individuals authorized to place orders 

for each activity. When provisions are 

made for placing oral orders in 

accordance with FAR 16.504(a)(4)(vii)), 

document the oral orders in accordance 

with department or agency instructions. 

(g) The clause at 252.247–7012, 

Ordering Limitation. 

(h) The clause at 252.247–7013, 

Contract Areas of Performance. 

(i) The clause at 252.247–7014, 

Demurrage. See additional information 

at PGI 247.271–3(c)(1) for demurrage 

and detention charges. 

(j) The clause at 252.247–7016, 

Contractor Liability for Loss and 

Damage. 

(k) The clause at 252.247–7017, 

Erroneous Shipments. 

(l) The clause at 252.247–7018, 

Subcontracting. 

(m) The clause at 252.247–7019, 

Drayage. 

(n) The clause at 252.247–7020, 

Additional Services. 

(o) The clauses at FAR 52.247–8, 

Estimated Weight or Quantities Not 

Guaranteed, and FAR 52.247–13, 

Accessorial Services—Moving 

Contracts. 

(p) See the prescription at 216.506(d) 

requiring the use of 252.216–70XX, 

Requirements. 

■ 5. Amend section 247.574 by revising 

paragraph (b) to read as follows: 

247.574 Solicitation provisions and 

contract clauses. 

* * * * * 

(b) Use the basic or one of the 

alternates at 252.247–7023, 

Transportation of Supplies by Sea, in all 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, except those for 

direct purchase of ocean transportation 

services. 

(1) Use the clause Transportation of 

Supplies by Sea—Basic, unless any of 

the supplies to be transported are 

commercial items that are— 

(i) Shipped in direct support of U.S. 

military contingency operations, 

exercises, or forces deployed in 

humanitarian or peacekeeping 

operations when the contract is not a 

construction contract; or 

(ii) Commissary or exchange cargoes 

transported outside of the Defense 

Transportation System when the 

contract is not a construction contract. 

(2) Use the clause Transportation of 

Supplies by Sea—Alternate I, if any of 

the supplies to be transported are 

commercial items that are shipped in 

direct support of U.S. military 

contingency operations, exercises, or 

forces deployed in humanitarian or 

peacekeeping operations, exercises, or 

forces deployed in humanitarian or 

peacekeeping operations, when the 

contract is not a construction contract. 

(3) Use the clause Transportation of 

Supplies by Sea—Alternate II, if any of 

the supplies to be transported are 

commercial items that are commissary 

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48400 Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 

or exchange cargoes transported outside 

of the Defense Transportation System 

(10 U.S.C. 2643), when the contract is 

not a construction contract. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 6. Add section 252.247–70XX to read 

as follows: 

252.216–70XX Requirements. 

As prescribed in 216.506(d), use the 

following clause or its alternate. 

(a) Requirements—Basic. For the 

specific prescription for use of the basic 

clause, see 216.506(d)(1). 

REQUIREMENTS—BASIC (DATE) 

(a) This is a requirements contract for the 

supplies or services specified, and effective 

for the period stated, in the Schedule. The 

quantities of supplies or services specified in 

the Schedule are estimates only and are not 

purchased by this contract. Except as this 

contract may otherwise provide, if the 

Government’s requirements do not result in 

orders in the quantities described as 

‘‘estimated’’ or ‘‘maximum’’ in the Schedule, 

that fact shall not constitute the basis for an 

equitable price adjustment. 

(b) Delivery or performance shall be made 

only as authorized by orders issued in 

accordance with the Ordering clause. Subject 

to any limitations in the Order Limitations 

clause or elsewhere in this contract, the 

Contractor shall furnish to the Government 

all supplies or services specified in the 

Schedule and called for by orders issued in 

accordance with the Ordering clause. The 

Government may issue orders requiring 

delivery to multiple destinations or 

performance at multiple locations. 

(c) Except as this contract otherwise 

provides, the Government shall order from 

the Contractor all the supplies or services 

specified in the Schedule that are required to 

be purchased by the Government activity or 

activities specified in the Schedule. 

(d) The Government is not required to 

purchase from the Contractor requirements in 

excess of any limit on total orders under this 

contract. 

(e) If the Government urgently requires 

delivery of any quantity of an item before the 

earliest date that delivery may be specified 

under this contract, and if the Contractor will 

not accept an order providing for the 

accelerated delivery, the Government may 

acquire the urgently required goods or 

services from another source. 

(f) Orders issued during the effective 

period of this contract and not completed 

within that time shall be completed by the 

Contractor within the time specified in the 

order. The rights and obligations of the 

Contractor and the Government for those 

orders shall be governed by the terms of this 

contract to the same extent as if completed 

during the effective period. 

(End of clause) 

(b) Requirements—Alternate I. For the 

specific prescription for use of Alternate 

I, see 216.506(d)(2). Alternate I uses a 

different paragraph (c) than the basic 

clause. 

REQUIREMENTS—ALTERNATE I (DATE) 

(a) This is a requirements contract for the 

supplies or services specified, and effective 

for the period stated, in the Schedule. The 

quantities of supplies or services specified in 

the Schedule are estimates only and are not 

purchased by this contract. Except as this 

contract may otherwise provide, if the 

Government’s requirements do not result in 

orders in the quantities described as 

‘‘estimated’’ or ‘‘maximum’’ in the Schedule, 

that fact shall not constitute the basis for an 

equitable price adjustment. 

(b) Delivery or performance shall be made 

only as authorized by orders issued in 

accordance with the Ordering clause. Subject 

to any limitations in the Order Limitations 

clause or elsewhere in this contract, the 

Contractor shall furnish to the Government 

all supplies or services specified in the 

Schedule and called for by orders issued in 

accordance with the Ordering clause. The 

Government may issue orders requiring 

delivery to multiple destinations or 

performance at multiple locations. 

(c) The Government’s requirements for 

each item or subitem of supplies or services 

described in the Schedule are being 

purchased through one non-set-aside contract 

and one set-aside contract. Therefore, the 

Government shall order from each Contractor 

approximately one-half of the total supplies 

or services specified in the Schedule that are 

required to be purchased by the specified 

Government activity or activities. The 

Government may choose between the setaside Contractor and the non-set-aside 

Contractor in placing any particular order. 

However, the Government shall allocate 

successive orders, in accordance with its 

delivery requirements, to maintain as close a 

ratio as is reasonably practicable between the 

total quantities ordered from the two 

Contractors. 

(d) The Government is not required to 

purchase from the Contractor requirements in 

excess of any limit on total orders under this 

contract. 

(e) If the Government urgently requires 

delivery of any quantity of an item before the 

earliest date that delivery may be specified 

under this contract, and if the Contractor will 

not accept an order providing for the 

accelerated delivery, the Government may 

acquire the urgently required goods or 

services from another source. 

(f) Orders issued during the effective 

period of this contract and not completed 

within that time shall be completed by the 

Contractor within the time specified in the 

order. The rights and obligations of the 

Contractor and the Government for those 

orders shall be governed by the terms of this 

contract to the same extent as if completed 

during the effective period. 

(End of clause) 

■ 7. Revise section 252.247–7008 to 

read as follows: 

252.247–7008 Evaluation of bids. 

As prescribed in 247.271–3(a), use the 

basic provision or its alternate: 

(a) Evaluation of Bids—Basic. For the 

specific prescription for use of the basic 

provision, see 247.271–3(a)(1). 

EVALUATION OF BIDS—BASIC (DATE) 

(a) The Government will evaluate bids on 

the basis of total aggregate price of all items 

within an area of performance under a given 

schedule. 

(1) An offeror must bid on all items within 

a specified area of performance for a given 

schedule. Failure to do so shall be cause for 

rejection of the bid for that area of 

performance of that Schedule. If there is to 

be no charge for an item, an entry such as 

‘‘No Charge,’’ or the letters ‘‘N/C’’ or ‘‘0,’’ 

must be made in the unit price column of the 

Schedule. 

(2) Any bid which stipulates minimum 

charges or graduated prices for any or all 

items shall be rejected for that area of 

performance within the Schedule. 

(b) In addition to other factors, the 

Contracting Officer will evaluate bids on the 

basis of advantages or disadvantages to the 

Government that might result from making 

more than one award (multiple awards). 

(1) In making this evaluation, the 

Contracting Officer will assume that the 

administrative cost to the Government for 

issuing and administering each contract 

awarded under this solicitation would be 

$500. 

(2) Individual awards will be for the items 

and combinations of items which result in 

the lowest aggregate cost to the Government, 

including the administrative costs in 

paragraph (b)(1). 

(c) When drayage is necessary for the 

accomplishment of any item in the bid 

schedule, the Offeror shall include in the 

unit price any costs for bridge or ferry tolls, 

road use charges or similar expenses. 

(d) Unless otherwise provided in this 

solicitation, the Offeror shall state prices in 

amounts per hundred pounds on gross or net 

weights, whichever is applicable. All charges 

shall be subject to, and payable on, the basis 

of 100 pounds minimum weight for 

unaccompanied baggage and a 500 pound 

minimum weight for household goods, net or 

gross weight, whichever is applicable. 

(End of provision) 

(b) Evaluation of Bids—Alternate. For 

the specific prescription for use of 

Alternate I, see 247.271–3(a)(2). 

Alternate I adds a paragraph (e). 

EVALUATION OF BIDS—ALTERNATE I 

(DATE) 

(a) The Government will evaluate bids on 

the basis of total aggregate price of all items 

within an area of performance under a given 

schedule. 

(1) An offeror must bid on all items within 

a specified area of performance for a given 

schedule. Failure to do so shall be cause for 

rejection of the bid for that area of 

performance of that Schedule. If there is to 

be no charge for an item, an entry such as 

‘‘No Charge,’’ or the letters ‘‘N/C’’ or ‘‘0,’’ 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48401 

must be made in the unit price column of the 

Schedule. 

(2) Any bid which stipulates minimum 

charges or graduated prices for any or all 

items shall be rejected for that area of 

performance within the Schedule. 

(b) In addition to other factors, the 

Contracting Officer will evaluate bids on the 

basis of advantages or disadvantages to the 

Government that might result from making 

more than one award (multiple awards). 

(1) In making this evaluation, the 

Contracting Officer will assume that the 

administrative cost to the Government for 

issuing and administering each contract 

awarded under this solicitation would be 

$500. 

(2) Individual awards will be for the items 

and combinations of items which result in 

the lowest aggregate cost to the Government, 

including the administrative costs in 

paragraph (b)(1). 

(c) When drayage is necessary for the 

accomplishment of any item in the bid 

schedule, the Offeror shall include in the 

unit price any costs for bridge or ferry tolls, 

road use charges or similar expenses. 

(d) Unless otherwise provided in this 

solicitation, the Offeror shall state prices in 

amounts per hundred pounds on gross or net 

weights, whichever is applicable. All charges 

shall be subject to, and payable on, the basis 

of 100 pounds minimum weight for 

unaccompanied baggage and a 500 pound 

minimum weight for household goods, net or 

gross weight, whichever is applicable. 

(e) Notwithstanding paragraph (a), when 

‘‘additional services’’ are added to any 

schedule, such ‘‘additional services’’ items 

will not be considered in the evaluation of 

bids. 

(End of provision) 

252.247–7015 [Removed and Reserved] 

■ 8. Remove and reserve section 

252.247–7015. 

■ 9. Revise section 252.247–7023 to 

read as follows: 

252.247–7023 Transportation of supplies 

by sea. 

As prescribed in 247.574(b)(1), use 

the following clause or one of its 

alternates. 

(a) Transportation of Supplies by 

Sea—Basic. For the specific prescription 

for use of the basic clause, see 

247.574(b)(1). 

TRANSPORTATION OF SUPPLIES BY 

SEA—BASIC (DATE) 

(a) Definitions. As used in this clause— 

(1) ‘‘Components’’ means articles, 

materials, and supplies incorporated directly 

into end products at any level of 

manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

(2) ‘‘Department of Defense’’ (DoD) means 

the Army, Navy, Air Force, Marine Corps, 

and defense agencies. 

(3) ‘‘Foreign flag vessel’’ means any vessel 

that is not a U.S.-flag vessel. 

(4) ‘‘Ocean transportation’’ means any 

transportation aboard a ship, vessel, boat, 

barge, or ferry through international waters. 

(5) ‘‘Subcontractor’’ means a supplier, 

materialman, distributor, or vendor at any 

level below the prime contractor whose 

contractual obligation to perform results 

from, or is conditioned upon, award of the 

prime contract and who is performing any 

part of the work or other requirement of the 

prime contract. 

(6) ‘‘Supplies’’ means all property, except 

land and interests in land, that is clearly 

identifiable for eventual use by or owned by 

the DoD at the time of transportation by sea. 

(i) An item is clearly identifiable for 

eventual use by the DoD if, for example, the 

contract documentation contains a reference 

to a DoD contract number or a military 

destination. 

(ii) ‘‘Supplies’’ includes (but is not limited 

to) public works; buildings and facilities; 

ships; floating equipment and vessels of 

every character, type, and description, with 

parts, subassemblies, accessories, and 

equipment; machine tools; material; 

equipment; stores of all kinds; end items; 

construction materials; and components of 

the foregoing. 

(7) ‘‘U.S.-flag vessel’’ means a vessel of the 

United States or belonging to the United 

States, including any vessel registered or 

having national status under the laws of the 

United States. 

(b)(1) The Contractor shall use U.S.-flag 

vessels when transporting any supplies by 

sea under this contract. 

(2) A subcontractor transporting supplies 

by sea under this contract shall use U.S.-flag 

vessels if— 

(i) This contract is a construction contract; 

or 

(ii) The supplies being transported are— 

(A) Noncommercial items; or 

(B) Commercial items that— 

(1) The Contractor is reselling or 

distributing to the Government without 

adding value (generally, the Contractor does 

not add value to items that it subcontracts for 

f.o.b. destination shipment); 

(2) Are shipped in direct support of U.S. 

military contingency operations, exercises, or 

forces deployed in humanitarian or 

peacekeeping operations; or 

(3) Are commissary or exchange cargoes 

transported outside of the Defense 

Transportation System in accordance with 10 

U.S.C. 2643. 

(c) The Contractor and its subcontractors 

may request that the Contracting Officer 

authorize shipment in foreign-flag vessels, or 

designate available U.S.-flag vessels, if the 

Contractor or a subcontractor believes that— 

(1) U.S.-flag vessels are not available for 

timely shipment; 

(2) The freight charges are inordinately 

excessive or unreasonable; or 

(3) Freight charges are higher than charges 

to private persons for transportation of like 

goods. 

(d) The Contractor must submit any request 

for use of other than U.S.-flag vessels in 

writing to the Contracting Officer at least 45 

days prior to the sailing date necessary to 

meet its delivery schedules. The Contracting 

Officer will process requests submitted after 

such date(s) as expeditiously as possible, but 

the Contracting Officer’s failure to grant 

approvals to meet the shipper’s sailing date 

will not of itself constitute a compensable 

delay under this or any other clause of this 

contract. Requests shall contain at a 

minimum— 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge 

requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

(7) A documented description of efforts 

made to secure U.S.-flag vessels, including 

points of contact (with names and telephone 

numbers) with at least two U.S.-flag carriers 

contacted. Copies of telephone notes, 

telegraphic and facsimile message or letters 

will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days 

after each shipment covered by this clause, 

provide the Contracting Officer and the 

Maritime Administration, Office of Cargo 

Preference, U.S. Department of 

Transportation, 400 Seventh Street SW., 

Washington, DC 20590, one copy of the rated 

on board vessel operating carrier’s ocean bill 

of lading, which shall contain the following 

information: 

(1) Prime contract number. 

(2) Name of vessel. 

(3) Vessel flag of registry. 

(4) Date of loading. 

(5) Port of loading. 

(6) Port of final discharge. 

(7) Description of commodity. 

(8) Gross weight in pounds and cubic feet 

if available. 

(9) Total ocean freight in U.S. dollars. 

(10) Name of steamship company. 

(f) If this contract exceeds the simplified 

acquisition threshold, the Contractor shall 

provide with its final invoice under this 

contract a representation that to the best of 

its knowledge and belief— 

(1) No ocean transportation was used in the 

performance of this contract; 

(2) Ocean transportation was used and only 

U.S.-flag vessels were used for all ocean 

shipments under the contract; 

(3) Ocean transportation was used, and the 

Contractor had the written consent of the 

Contracting Officer for all non-U.S.-flag 

ocean transportation; or 

(4) Ocean transportation was used and 

some or all of the shipments were made on 

non-U.S.-flag vessels without the written 

consent of the Contracting Officer. The 

Contractor shall describe these shipments in 

the following format: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

48402 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 if 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, including subcontracts 

for commercial items, 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) 

(b) Transportation of Supplies by 

Sea—Alternate I. For the specific 

prescription for use of Alternate I, see 

247.574(b)(2). Alternate I uses a 

different paragraph (b) for paragraph (b) 

of [than] the basic clause. 

TRANSPORTATION OF SUPPLIES BY 

SEA—ALTERNATE I (DATE) 

(a) Definitions. As used in this clause— 

(1) ‘‘Components’’ means articles, 

materials, and supplies incorporated directly 

into end products at any level of 

manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

(2) ‘‘Department of Defense’’ (DoD) means 

the Army, Navy, Air Force, Marine Corps, 

and defense agencies. 

(3) ‘‘Foreign flag vessel’’ means any vessel 

that is not a U.S.-flag vessel. 

(4) ‘‘Ocean transportation’’ means any 

transportation aboard a ship, vessel, boat, 

barge, or ferry through international waters. 

(5) ‘‘Subcontractor’’ means a supplier, 

materialman, distributor, or vendor at any 

level below the prime contractor whose 

contractual obligation to perform results 

from, or is conditioned upon, award of the 

prime contract and who is performing any 

part of the work or other requirement of the 

prime contract. 

(6) ‘‘Supplies’’ means all property, except 

land and interests in land, that is clearly 

identifiable for eventual use by or owned by 

the DoD at the time of transportation by sea. 

(i) An item is clearly identifiable for 

eventual use by the DoD if, for example, the 

contract documentation contains a reference 

to a DoD contract number or a military 

destination. 

(ii) ‘‘Supplies’’ includes (but is not limited 

to) public works; buildings and facilities; 

ships; floating equipment and vessels of 

every character, type, and description, with 

parts, subassemblies, accessories, and 

equipment; machine tools; material; 

equipment; stores of all kinds; end items; 

construction materials; and components of 

the foregoing. 

(7) ‘‘U.S.-flag vessel’’ means a vessel of the 

United States or belonging to the United 

States, including any vessel registered or 

having national status under the laws of the 

United States. 

(b)(1) The Contractor shall use U.S.-flag 

vessels when transporting any supplies by 

sea under this contract. 

(2) A subcontractor transporting supplies 

by sea under this contract shall use U.S.-flag 

vessels if the supplies being transported 

are— 

(i) Noncommercial items; or 

(ii) Commercial items that— 

(A) The Contractor is reselling or 

distributing to the Government without 

adding value (generally, the Contractor does 

not add value to items that it subcontracts for 

f.o.b. destination shipment); 

(B) Are shipped in direct support of U.S. 

military contingency operations, exercises, or 

forces deployed in humanitarian or 

peacekeeping operations (Note: This contract 

requires shipment of commercial items in 

direct support of U.S. military contingency 

operations, exercises, or forces deployed in 

humanitarian or peacekeeping operations); or 

(C) Are commissary or exchange cargoes 

transported outside of the Defense 

Transportation System in accordance with 10 

U.S.C. 2643. 

[(c) The Contractor and its subcontractors 

may request that the Contracting Officer 

authorize shipment in foreign-flag vessels, or 

designate available U.S.-flag vessels, if the 

Contractor or a subcontractor believes that— 

(1) U.S.-flag vessels are not available for 

timely shipment; 

(2) The freight charges are inordinately 

excessive or unreasonable; or 

(3) Freight charges are higher than charges 

to private persons for transportation of like 

goods. 

(d) The Contractor must submit any request 

for use of other than U.S.-flag vessels in 

writing to the Contracting Officer at least 45 

days prior to the sailing date necessary to 

meet its delivery schedules. The Contracting 

Officer will process requests submitted after 

such date(s) as expeditiously as possible, but 

the Contracting Officer’s failure to grant 

approvals to meet the shipper’s sailing date 

will not of itself constitute a compensable 

delay under this or any other clause of this 

contract. Requests shall contain at a 

minimum— 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge 

requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

(7) A documented description of efforts 

made to secure U.S.-flag vessels, including 

points of contact (with names and telephone 

numbers) with at least two U.S.-flag carriers 

contacted. Copies of telephone notes, 

telegraphic and facsimile message or letters 

will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days 

after each shipment covered by this clause, 

provide the Contracting Officer and the 

Maritime Administration, Office of Cargo 

Preference, U.S. Department of 

Transportation, 400 Seventh Street SW., 

Washington, DC 20590, one copy of the rated 

on board vessel operating carrier’s ocean bill 

of lading, which shall contain the following 

information: 

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 

(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

(8) Gross weight in pounds and cubic feet 

if available; 

(9) Total ocean freight in U.S. dollars; and 

(10) Name of steamship company. 

(f) If this contract exceeds the simplified 

acquisition threshold, the Contractor shall 

provide with its final invoice under this 

contract a representation that to the best of 

its knowledge and belief— 

(1) No ocean transportation was used in the 

performance of this contract; 

(2) Ocean transportation was used and only 

U.S.-flag vessels were used for all ocean 

shipments under the contract; 

(3) Ocean transportation was used, and the 

Contractor had the written consent of the 

Contracting Officer for all non-U.S.-flag 

ocean transportation; or 

(4) Ocean transportation was used and 

some or all of the shipments were made on 

non-U.S.-flag vessels without the written 

consent of the Contracting Officer. The 

Contractor shall describe these shipments in 

the following format: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 78, No. 153 / Thursday, August 8, 2013 / Proposed Rules 48403 

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)] 

(c) Transportation of Supplies by 

Sea—Alternate II. For the specific 

prescription for use of Alternate II, see 

247.574(b)(3). Alternate II uses a 

different paragraph (b) than the basic 

clause. 

TRANSPORTATION OF SUPPLIES BY 

SEA—ALTERNATE II (DATE) 

(a) Definitions. As used in this clause— 

(1) ‘‘Components’’ means articles, 

materials, and supplies incorporated directly 

into end products at any level of 

manufacture, fabrication, or assembly by the 

Contractor or any subcontractor. 

(2) ‘‘Department of Defense’’ (DoD) means 

the Army, Navy, Air Force, Marine Corps, 

and defense agencies. 

(3) ‘‘Foreign flag vessel’’ means any vessel 

that is not a U.S.-flag vessel. 

(4) ‘‘Ocean transportation’’ means any 

transportation aboard a ship, vessel, boat, 

barge, or ferry through international waters. 

(5) ‘‘Subcontractor’’ means a supplier, 

materialman, distributor, or vendor at any 

level below the prime contractor whose 

contractual obligation to perform results 

from, or is conditioned upon, award of the 

prime contract and who is performing any 

part of the work or other requirement of the 

prime contract. 

(6) ‘‘Supplies’’ means all property, except 

land and interests in land, that is clearly 

identifiable for eventual use by or owned by 

the DoD at the time of transportation by sea. 

(i) An item is clearly identifiable for 

eventual use by the DoD if, for example, the 

contract documentation contains a reference 

to a DoD contract number or a military 

destination. 

(ii) ‘‘Supplies’’ includes (but is not limited 

to) public works; buildings and facilities; 

ships; floating equipment and vessels of 

every character, type, and description, with 

parts, subassemblies, accessories, and 

equipment; machine tools; material; 

equipment; stores of all kinds; end items; 

construction materials; and components of 

the foregoing. 

(7) ‘‘U.S.-flag vessel’’ means a vessel of the 

United States or belonging to the United 

States, including any vessel registered or 

having national status under the laws of the 

United States. 

(b)(1) The Contractor shall use U.S.-flag 

vessels when transporting any supplies by 

sea under this contract. 

(2) A subcontractor transporting supplies 

by sea under this contract shall use U.S.-flag 

vessels if the supplies being transported 

are— 

(i) Noncommercial items; or 

(ii) Commercial items that— 

(A) The Contractor is reselling or 

distributing to the Government without 

adding value (generally, the Contractor does 

not add value to items that it subcontracts for 

f.o.b. destination shipment); 

(B) Are shipped in direct support of U.S. 

military contingency operations, exercises, or 

forces deployed in humanitarian or 

peacekeeping operations; or 

(C) Are commissary or exchange cargoes 

transported outside of the Defense 

Transportation System in accordance with 10 

U.S.C. 2643 (Note: This contract requires 

transportation of commissary or exchange 

cargoes outside of the Defense Transportation 

System in accordance with 10 U.S.C. 2643). 

(c) The Contractor and its subcontractors 

may request that the Contracting Officer 

authorize shipment in foreign-flag vessels, or 

designate available U.S.-flag vessels, if the 

Contractor or a subcontractor believes that— 

(1) U.S.-flag vessels are not available for 

timely shipment; 

(2) The freight charges are inordinately 

excessive or unreasonable; or 

(3) Freight charges are higher than charges 

to private persons for transportation of like 

goods. 

(d) The Contractor must submit any request 

for use of other than U.S.-flag vessels in 

writing to the Contracting Officer at least 45 

days prior to the sailing date necessary to 

meet its delivery schedules. The Contracting 

Officer will process requests submitted after 

such date(s) as expeditiously as possible, but 

the Contracting Officer’s failure to grant 

approvals to meet the shipper’s sailing date 

will not of itself constitute a compensable 

delay under this or any other clause of this 

contract. Requests shall contain at a 

minimum— 

(1) Type, weight, and cube of cargo; 

(2) Required shipping date; 

(3) Special handling and discharge 

requirements; 

(4) Loading and discharge points; 

(5) Name of shipper and consignee; 

(6) Prime contract number; and 

(7) A documented description of efforts 

made to secure U.S.-flag vessels, including 

points of contact (with names and telephone 

numbers) with at least two U.S.-flag carriers 

contacted. Copies of telephone notes, 

telegraphic and facsimile message or letters 

will be sufficient for this purpose. 

(e) The Contractor shall, within 30 days 

after each shipment covered by this clause, 

provide the Contracting Officer and the 

Maritime Administration, Office of Cargo 

Preference, U.S. Department of 

Transportation, 400 Seventh Street SW., 

Washington, DC 20590, one copy of the rated 

on board vessel operating carrier’s ocean bill 

of lading, which shall contain the following 

information: 

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 

(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

(8) Gross weight in pounds and cubic feet 

if available; 

(9) Total ocean freight in U.S. dollars; and 

(10) Name of steamship company. 

(f) If this contract exceeds the simplified 

acquisition threshold, the Contractor shall 

provide with its final invoice under this 

contract a representation that to the best of 

its knowledge and belief— 

(1) No ocean transportation was used in the 

performance of this contract; 

(2) Ocean transportation was used and only 

U.S.-flag vessels were used for all ocean 

shipments under the contract; 

(3) Ocean transportation was used, and the 

Contractor had the written consent of the 

Contracting Officer for all non-U.S.-flag 

ocean transportation; or 

(4) Ocean transportation was used and 

some or all of the shipments were made on 

non-U.S.-flag vessels without the written 

consent of the Contracting Officer. The 

Contractor shall describe these shipments in 

the following format: 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS