37980 Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 

State and location Community 

No. 

Effective date authorization/cancellation of 

sale of flood insurance in community 

Current effective 

map date 

Date certain 

Federal assistance no longer 

available in 

SFHAs 

Holland, Town of, Hampden County ..... 250141 July 18, 1975, Emerg; July 5, 1984, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

Holyoke, City of, Hampden County ....... 250142 May 20, 1974, Emerg; August 15, 1979, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Longmeadow, Town of, Hampden 

County.

250143 August 8, 1975, Emerg; September 1, 

1978, Reg; July 16, 2013, Susp.

......do ............... Do. 

Ludlow, Town of, Hampden County ...... 250144 October 17, 1974, Emerg; May 19, 1981, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Monson, Town of, Hampden County .... 250145 May 1, 1975, Emerg; June 1, 1981, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

Palmer, Town of, Hampden County ...... 250147 June 20, 1975, Emerg; November 4, 1981, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Russell, Town of, Hampden County ..... 250148 August 8, 1975, Emerg; December 15, 

1990, Reg; July 16, 2013, Susp.

......do ............... Do. 

Southwick, Town of, Hampden County 250149 December 29, 1975, Emerg; July 16, 1984, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Springfield, City of, Hampden County ... 250150 February 9, 1973, Emerg; February 1, 

1980, Reg; July 16, 2013, Susp.

......do ............... Do. 

Wales, Town of, Hampden County ....... 250152 August 11, 1975, Emerg; July 2, 1981, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

West Springfield, Town of, Hampden 

County.

250155 December 30, 1971, Emerg; September 30, 

1977, Reg; July 16, 2013, Susp.

......do ............... Do. 

Westfield, City of, Hampden County ..... 250153 May 10, 1973, Emerg; May 1, 1978, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

Wilbraham, Town of, Hampden County 250154 August 21, 1975, Emerg; March 1, 1979, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Region V 

Minnesota: Redwood County, Unincorporated Areas 270644 May 23, 1974, Emerg; December 4, 1985, 

Reg; July 16, 2013, Susp.

......do ............... Do. 

Redwood Falls, City of, Redwood 

County.

270393 May 13, 1975, Emerg; June 22, 1984, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

Sanborn, City of, Redwood County ....... 270394 July 22, 1975, Emerg; July 3, 1985, Reg; 

July 16, 2013, Susp.

......do ............... Do. 

Seaforth, City of, Redwood County ....... 270602 N/A, Emerg; February 9, 2011, Reg; July 

16, 2013, Susp..

......do ............... Do. 

* -do- = Ditto. 

Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension. 

Dated: June 7, 2013. 

David L. Miller, 

Associate Administrator, Federal Insurance 

and Mitigation Administration, Department 

of Homeland Security, Federal Emergency 

Management Agency. 

[FR Doc. 2013–15167 Filed 6–24–13; 8:45 am] 

BILLING CODE 9110–12–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 203, 204, 205, 209, 211, 

212, 215, 216, 219, 223, 225, 226, 227, 

229, 232, 237, 243, 244, 246, 247, and 

252 

RIN 0750–AH63 

Defense Federal Acquisition 

Regulation Supplement: Solicitation 

Provisions and Contract Clauses for 

Acquisition of Commercial Items 

(DFARS Case 2011–D056) 

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 simplify prescriptions for 

provisions and clauses that are 

applicable to the acquisition of 

commercial items and to specify 

flowdown of clauses to commercial 

subcontracts. 

DATES: Effective Date: June 25, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Amy Williams, Telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule at 77 

FR 20601 on April 5, 2012, revising the 

Defense Federal Acquisition Regulation 

Supplement (DFARS) to support the use 

of automated contract writing systems. 

The clause at DFARS 252.212–7001 

requires the contracting officer to 

‘‘check a box’’ to identify the clauses 

that are applicable to each commercial 

item acquisition. This requirement is 

not compatible with most automated 

contract writing systems. Section 8002 

of the Federal Acquisition Streamlining 

Act of 1994 (Pub. L. 103–355) requires 

that the regulations shall contain a list 


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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 37981 

of contract clauses to be included in 

contracts for the acquisition of 

commercial end items. Each time a 

clause or clause alternate is added, DoD 

must consider whether the clause or 

clause alternate will be applicable to 

commercial items. The law does not 

require that this list be in the form of a 

clause, requiring clause dates for each 

applicable clause, which requires 

revision every time a clause on the list 

is modified. 

Furthermore, clause flowdown to 

commercial subcontracts is controlled 

by paragraph (c) of the clause 252.212– 

7001 for commercial contracts under 

FAR part 12 and clause 252.244–7000 

for contracts for noncommercial items. 

These lists of clauses that require 

flowdown to commercial subcontracts 

likewise require update every time a 

clause on the list is modified. 

II. Discussion and Analysis 

Four respondents submitted 

comments on the proposed rule. The 

following is a discussion of the 

comments and the changes made to the 

rule as a result of those comments. 

A. Summary of significant changes from 

the proposed rule 

DoD has amended the final rule by 

adding a statement after the 

prescriptions for the provisions covered 

under DFARS 252.204–7007, Alternate 

A, Annual Representations and 

Certifications, that the individual 

provisions therein should not be 

included separately if the clause at FAR 

52.204–7 is included in the solicitation 

(see section II.B.3. of this preamble). 

DoD did not make any other significant 

changes from the proposed rule. 

B. Analysis of public comments 

1. Consolidation at DFARS 212.301 of 

provisions and clauses required for the 

acquisition of commercial items 

a. General 

Several respondents commented on 

the consolidation at DFARS 212.301 of 

provisions and clauses required for the 

acquisition of commercial items. 

Comment: One respondent applauded 

the revised DFARS 212.301 listing of 58 

provisions and clauses for the 

acquisition of commercial items at the 

prime contract level. 

Response: Noted. 

Comment: One respondent wanted to 

know if DFARS 252.212–7001 is 

deleted, how does DoD plan to legally 

incorporate the requirements of the 

provisional DFARS 212.301(f) in a 

solicitation or contract without it being 

a DFARS Part 252 clause? Similarly, 

another respondent asked how offerors 

and contractors will know what clauses 

the contracting officer considers to be 

relevant to a particular solicitation/ 

contract, without the current structure 

of the contracting officer marking the 

applicable clauses? 

Response: All commercial item 

clauses authorized for use will be listed 

at DFARS 212.301(f), and will be 

individually included in the solicitation 

and contract only when applicable to 

that particular acquisition. These 

clauses are added either in full text or 

incorporated by reference to legally 

incorporate their requirements into the 

solicitation and resultant contract. This 

is currently done in the same way for 

the other provisions and clauses listed 

in DFARS 212.301(f). 

Section 8002 of the Federal 

Acquisition Streamlining Act of 1994 

(Public Law 103–355) requires that the 

regulations contain a list of contract 

clauses applicable to commercial 

acquisitions. The list is currently split 

into the following three locations: 

DFARS provision 252.212–7000; DFARS 

clause 252.212–7001; and DFARS 

212.301(f). 

With the issuance of this final rule 

under DFARS rule 2011–D056, the list 

of clauses applicable to commercial 

item acquisitions is now wholly 

contained in DFARS 212.301(f). 

The approach in this final rule makes 

clause listings more closely mirror the 

way clauses are listed for noncommercial contracts. Offerors only 

need to read the clause number and title 

in a list outside of 252.212–7001 as 

opposed to within paragraph (a) or (b) 

of 252.212–7001 to review the clauses 

that are being legally incorporated into 

the solicitation. 

Comment: According to one 

respondent, by eliminating DFARS 

252.212–7001 to save time and money 

on the part of the automated contract 

writing systems, DoD has now created a 

myriad of issues that can only be 

addressed by spending countless 

additional time on the part of the USG 

and contractor to differentiate the 

applicability of each clause to any 

particular solicitation/contract. 

Response: This approach should not 

cause any additional time for either the 

Government or the offerors/contractors. 

As already stated, commercial item 

clauses authorized for use will be listed 

at DFARS 212.301(f) and, when 

applicable to a particular solicitation 

and contract, they will be individually 

included in the solicitation and 

contract. Offerors/contractors will only 

need to read and review the clause 

numbers and titles that are incorporated 

in the solicitation/contract. This 

proposed approach should only save 

time on the part of the U.S. Government 

in selecting clauses, because now the 

contracting officer has to manually 

check boxes, and if using an automated 

system, the system can help the 

contracintg officer determine which 

clauses are applicable and then 

automatically include them in the 

solicitation/contract. The applicability 

of any clause in a commercial 

acquisition will be clear, and 

distinguished by whether or not it is 

listed individually within that 

solicitation/contract. 

Comment: One respondent asserted 

that revising DFARS 212.301(f) to 

incorporate a clause currently included 

under 252.212–7001, would take away a 

contracting officer’s discretion to add 

and subtract clauses as necessary. 

Response: As in the proposed rule, 

the final rule states ‘‘as prescribed’’ in 

each paragraph at DFARS 212.301(f) to 

indicate to the contracting officer 

whether or not to insert a provision or 

clause in the solicitation. The contract 

writing system does not automatically 

incorporate all clauses listed at 

212.301(f) into all prime commercial 

item contracts. 

b. Inclusion of Specific Clauses at 

212.301 

Comment: One respondent stated that 

DFARS Clause 252.227–7013, Rights in 

Technical Data-Noncommercial Items, 

by its nature and title does not belong 

in a commercial item contract. The 

respondent asserted that the two 

scenarios in the guidelines at 227.7103– 

6(a) for the insertion of 252.227–7013 

will never materialize, i.e., the 

successful offeror(s) on a commercial 

item contract will never be required to 

deliver to the Government technical 

data pertaining to— 

• Noncommercial items; or 

• Commercial items for which the 

Government will have paid for any 

portion of the development costs. 

Response: DoD does occasionally 

procure altered commercial items, or 

articles embodying commercial items, 

that are based on a commercial design. 

On those occasions, the otherwise 

commercial item design needs to be 

adapted for some additional 

Government-specific characteristics. 

Since these changes will be paid for at 

Government expense, it means that both 

the 252.227–7015 clause, for wholly 

privately-funded parts, and the 

252.227–7013 clause, for parts funded 

in part by the Government, would be 

inserted. 

Comment: One respondent asserted 

that there was no justification for the 

inclusion of several additional 

provisions/clauses into 212.301(f) 


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37982 Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 

because they do not meet the statutory 

criteria of being a ‘‘provision of law or 

Executive Order’’ or ‘‘standard 

commercial practice.’’ The respondent 

also questioned clauses that were 

already listed in 212.301(f). 

Response: The rule consolidates 

provisions and clauses into one list at 

212.301(f) that were previously 

scattered throughout the DFARS. Each 

one of the provisions/clauses newly 

incorporated is required by statute or 

Executive Order, as indicated in the list 

at 212.301(f). All clauses listed within 

DFARS 212.301(f) have been approved 

for inclusion by the Director of DPAP in 

accordance with FAR 12.301(f) and have 

been cleared by OIRA. Questioning 

previously incorporated clauses is 

outside the scope of this case. 

2. Flowdown of Clauses to Subcontracts 

for the Acquisition of Commercial Items 

a. General 

Comment: One respondent suggested 

revising DFARS 252.244–7000 to delete 

all prime contractor discretionary 

provision/clause flowdown authority 

due to excessive practice by the primes 

to flowdown any and all clauses to 

satisfy its contractual obligations. 

Response: DoD has retained in the 

final rule the language at 252.244– 

7000(b), which is the same as FAR 

52.244–6(c)(2), in order to allow the 

prime contractor the necessary 

discretion to flow down to subcontracts 

for commercial items a minimal number 

of additional clauses necessary to satisfy 

its contractual obligations. 

b. Specific Clause Flowdown 

Requirements 

Comment: One respondent 

commented that if the automated 

contract writing system ‘‘automatically’’ 

inserts clause 252.227–7013, then the 

prime contractor will be forced to 

flowdown –7013 into any commercial 

item subcontract. 

Response: Flowdown applicability of 

the clause is spelled out in 252.227– 

7013(k)(2), which stipulates to 

flowdown the clause only when a 

commercial item is developed in any 

part at Government expense . . . ’’ 

Comment: One respondent asserts 

that by enacting the Federal Acquisition 

Streamlining Act (FASA) of 1994, 

Congress established a high bar for 

clauses that that may be applicable to 

subcontracts for commercial items. 

According to the respondent, there is no 

justification for flowdown of such 

clauses as DFARS 252.236–7013, 

Requirement for Competition 

Opportunity for American Steel 

Producers, Fabricators, and 

Manufacturers. 

Response: This clause is prescribed 

for use in construction contracts (which 

cannot be acquired using part 12 

procedures). The statute requires 

flowdown to subcontracts that involve 

the acquisition of steel as a construction 

material (generally a commercial item). 

This clause is not imposing a burden on 

the commercial subcontractors. Rather, 

it is requiring that American steel 

producers, fabricators, and 

manufacturers be allowed an 

opportunity to compete. This 

requirement is not new and is currently 

contained in the present 252.244–7000 

clause. 

Justification of pre-existing flowdown 

requirements is outside the scope of this 

case, but each such requirement was 

approved by DPAP and cleared by OIRA 

to implement statute, Executive order, 

or DoD policy. 

3. Prescriptions for Clauses Included in 

252.204–7007 (Annual Representations 

and Certifications) 

Comment: One respondent stated that 

some provision prescriptions conflict 

with DFARS 204.1202(2), which says 

not to include the provisions listed 

therein in solicitations that include the 

provision 52.204–8, Annual 

Representations and Certifications. 

Response: In order to remedy the 

conflict, DoD has inserted the following 

statement inserted after each of the 

affected provision prescriptions: 

‘‘If the solicitation includes the clause 

at FAR 52.204–7, do not separately list 

the provision 252.2XX–70XX in the 

solicitation.’’ 

4. Other Editorial Comments 

Several respondents had editorial 

comments as to the language within the 

rule. 

Comment: One respondent 

recommended that 232.908, Contract 

clauses, should have the reference to 

52.212–4 removed from the text, which 

requires use, in certain acquisitions, of 

the clause 252.232–7011 ‘‘in addition to 

either the approved clause prescribed in 

FAR 32.908 or FAR 52.212–4(i)(2) . . .’’ 

According to the respondent, FAR 

32.908(c) already cites FAR 52.212–4. 

Response: FAR 52.212–4 is not 

prescribed in FAR 32.908(c). FAR 

32.908(c) reads as follows: ‘‘Insert the 

clause at 52.232–25, Prompt Payment, 

in all other solicitations and contracts, 

except when the clause at 52.212–4 . . . 

applies . . . ’’ Although FAR 52.212–4 

is used in part of the prescription for 

52.232–25, it is prescribed in FAR 

12.301(b)(3), not in FAR 32.908. 

However, this paragraph has been 

slightly revised in order to improve 

clarity. 

Comment: One respondent questioned 

why the date change was proposed for 

252.203–7000, because no change 

proposed. 

Response: There is only a change to 

the clause preface, so the date has not 

been changed. 

Comment: One respondent asserted 

that there is a conflict as to the 

flowdown applicability of DFARS 

252.247–7023, Transportation of 

Supplies by Sea. It was noted that the 

Federal Register, Background Section II, 

states ‘‘Further, 10 U.S.C. 2631 is not 

listed in DFARS 212.503(a) as a law not 

applicable to commercial items.’’ On 

that basis, a number of provisions and 

clauses implementing 10 U.S.C. 2631 

are included in 212.301. The respondent 

further noted that 10 U.S.C.2631 is 

listed in FAR 12.504 (a)(1) as a law 

‘‘. . . not applicable to subcontracts at 

any tier for the acquisition of 

commercial items or commercial 

components at any tier.’’ 

Response: No conflict exists because 

FAR 12.504(a)(1) provides an exception 

to the nonapplicability to subcontracts 

for the acquisition of commercial items 

for the types of subcontracts listed at 

47.504(d). 

Comment: One respondent noted lack 

of uniformity of word placement in the 

clause prescriptions that include 

applicability to solicitations and 

contracts using part 12 procedures for 

the acquisition of commercial items. 

Response: The clause prescriptions 

have been revised as necessary to ensure 

uniformity in placement of the wording 

‘‘including solicitations (and contracts) 

using FAR part 12 procedures for the 

acquisition of commercial items.’’ 

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 


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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 37983 

substantial number of small entities 

within the meaning of the Regulatory 

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

because the rule aims to only change the 

appearance of how commercial 

provisions and clauses are presented 

within commercial acquisitions and 

there are no substantive changes. 

However, a final regulatory flexibility 

analysis has been performed and is 

summarized as follows: 

The purpose of this case is to support 

the use of automated contract writing 

systems. Rather than requiring the 

contracting officers to ‘‘check the 

applicable clauses,’’ this final rule will 

allow automated contract writing 

systems to automatically select the 

applicable clauses, saving DoD time and 

scarce resources. Potential offerors, 

including small businesses, may be 

affected by this rule by seeing an 

unfamiliar format for clauses in 

commercial item acquisitions issued by 

any DoD contracting activities that do 

not already currently deviate from the 

current DFARS requirement to ‘‘check a 

box.’’ 

There were 273,042 new contracts, 

agreements, and purchase orders 

awarded in Fiscal Year 2011 using FAR 

part 12 procedures for the acquisition of 

commercial items, and 71,950 of these 

actions (26.35%) were awarded to small 

businesses. However, nothing 

substantive will change in commercial 

acquisitions for potential offerors, and 

only the appearance of how applicable 

clauses are presented 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 clause 

format issued by any DoD contracting 

activities not presently operating under 

the existing deviation. The burden 

caused by this rule is expected to be 

minimal and will not be any greater on 

small businesses than it is on large 

businesses. 

There are no new reporting 

requirements or recordkeeping 

requirements associated with this rule. 

Finally, there are no significant 

alternatives that could further minimize 

the already minimal impact on 

businesses, small or large. 

V. Paperwork Reduction Act 

This final rule does not contain any 

new information collection 

requirements that require the approval 

of the Office of Management and Budget 

(OMB) under the Paperwork Reduction 

Act (44 U.S.C. chapter 35). The 

commercial clauses currently approved 

for use in commercial contracts, which 

may impose any information collection 

burden on contractors or any 

subcontractors, are already covered by 

an existing approved OMB clearance. 

The burdens for all existing commercial 

clauses are not changed in any way by 

this rule. Two DFARS provisions, with 

an associated information collection 

burden, are newly identified by this rule 

as being applicable to acquisitions of 

commercial items: 252.225–7022, Trade 

Agreements Certificate—Inclusion of 

Iraqi End Products; and 252.225–7023, 

Preference for Products or Services from 

Iraq of Afghanistan. The information 

collection burdens associated with these 

two DFARS provisions are already fully 

covered and cleared under OMB Control 

Number 0704–0229 entitled Foreign 

Acquisitions. These two provisions are 

variants of the other existing foreign 

acquisition provisions with reporting 

burdens already in use and covered for 

commercial acquisitions (excluding 

commercial information technology). 

List of Subjects in 48 CFR Parts 203, 

204, 205, 209, 211, 212, 215, 216, 219, 

223, 225, 226, 227, 229, 232, 237, 243, 

244, 246, 247, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, DoD amends 48 CFR parts 

203, 204, 205, 209, 211, 212, 215, 216, 

219, 223, 225, 226, 227, 229, 232, 237, 

243, 244, 246, 247, and 252 as follows: 

■ 1. The authority citation for parts 203, 

204, 205, 209, 211, 212, 215, 216, 219, 

225, 229, 232, 237, 243, 244, 247, and 

252 continue to read as follows: 

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

Chapter 1. 

PART 203—IMPROPER BUSINESS 

PRACTICES AND PERSONAL 

CONFLICTS OF INTEREST 

203.171–4 [Amended] 

■ 2. Amend section 203.171–4 by— 

■ a. In paragraph (a), removing 

‘‘solicitations and contracts’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items’’ in its place. 

■ b. In paragraph (b), removing 

‘‘including solicitations for task and 

delivery orders’’ and adding ‘‘including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items and solicitations for 

task and delivery orders’’ in its place. 

203.1004 [Amended] 

■ 3. Amend section 203.1004 by 

removing, in paragraph (a), 

‘‘solicitations and contracts that include 

the FAR’’ and adding ‘‘solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that include the FAR’’ in its place. 

PART 204—ADMINISTRATIVE 

MATTERS 

■ 4. Amend section 204.1202 by— 

■ a. Removing the introductory text; 

■ b. Revising paragraph (1); and 

■ c. In paragraph (2), removing ‘‘Do not 

include separately’’ and adding ‘‘When 

the clause at 52.204–7, Central 

Contractor Registration, is included in 

the solicitation, do not include 

separately’’ in its place. 

The revised text reads as follows: 

204.1202 Solicitation provision. 

(1) When using the provision at FAR 

52.204–8, Annual Representations and 

Certifications, use the provision with 

252.204–7007, Alternate A, Annual 

Representations and Certifications; and 

* * * * * 

204.7109 [Amended] 

■ 5. Amend section 204.7109, in 

paragraph (b), by removing ‘‘for 

commercial items and initial 

provisioning spares’’ and adding ‘‘using 

FAR part 12 procedures for the 

acquisition of commercial items or for 

initial provisioning spares’’ in its place. 

PART 205—PUBLICIZING CONTRACT 

ACTIONS 

205.470 [Amended] 

■ 6. Amend section 205.470 by 

removing ‘‘in solicitations and contracts 

expected to exceed $1,000,000’’ and 

adding ‘‘in solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

are expected to exceed $1,000,000’’ in 

its place. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

■ 7. Revise section 209.104–70 to read 

as follows: 

209.104–70 Solicitation provisions. 

(a) Use the provision at 252.209–7001, 

Disclosure of Ownership or Control by 

the Government of a Terrorist Country, 

in solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items that are 

expected to result in contracts of 

$150,000 or more. Any disclosure that 

the government of a terrorist country 

has a significant interest in an offeror or 

a subsidiary of an offeror shall be 

forwarded through agency channels to 

the address at 209.104–1(g)(i)(C). If the 


tkelley on DSK3SPTVN1PROD with RULES
37984 Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 

solicitation includes the clause at FAR 

52.204–7, do not separately list the 

provision 252.209–7001 in the 

solicitation. 

(b) Use the provision at 252.209–7002, 

Disclosure of Ownership or Control by 

a Foreign Government, in all 

solicitations, including those subject to 

the procedures in FAR part 13, when 

access to proscribed information is 

necessary for contract performance. If 

the solicitation includes the clause at 

FAR 52.204–7, do not separately list the 

provision 252.209–7002 in the 

solicitation. 

■ 8. In section 209.470–4, revise 

paragraph (a) to read as follows: 

209.470–4 Solicitation provision and 

contract clause. 

(a) Use the provision at 252.209–7003, 

Reserve Officer Training Corps and 

Military Recruiting on Campus— 

Representation, in all solicitations with 

institutions of higher education. If the 

solicitation includes the clause at FAR 

52.204–7, do not separately list the 

provision 252.209–7003 in the 

solicitation. 

* * * * * 

PART 211—DESCRIBING AGENCY 

NEEDS 

211.274–6 [Amended] 

■ 9. Amend section 211.274–6, 

paragraph (a)(1), by removing 

‘‘solicitations and contracts that 

require’’ and adding ‘‘solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that require’’ in its place. 

211.275–3 [Amended] 

■ 10. Amend section 211.275–3 by 

removing ‘‘in solicitations and contracts 

that will require’’ and adding ‘‘in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that will require’’ in 

its place. 

PART 212—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 11. Revise section 212.301 to read as 

follows: 

212.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

(f) The following additional 

provisions and clauses apply to DoD 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. If the offeror has 

completed any of the following 

provisions listed in this paragraph 

electronically as part of its annual 

representations and certifications at 

https://www.acquisition.gov, the 

contracting officer shall consider this 

information instead of requiring the 

offeror to complete these provisions for 

a particular solicitation. 

(i) Use the FAR clause at 52.203–3, 

Gratuities, as prescribed in FAR 3.202, 

to comply with 10 U.S.C. 2207. 

(ii) Use the clause at 252.203–7000, 

Requirements Relating to Compensation 

of Former DoD Officials, as prescribed 

in 203.171–4(a), to comply with section 

847 of Public Law 110–181. 

(iii) Use the clause at 252.203–7003, 

Agency Office of the Inspector General, 

as prescribed in 203.1004(a), to comply 

with section 6101 of Public Law 110– 

252 and 41 U.S.C. 3509. 

(iv) Use the provision at 252.203– 

7005, Representation Relating to 

Compensation of Former DoD Officials, 

as prescribed in 203.171–4(b). 

(v) Use the provision at 252.204–7011, 

Alternative Line Item Structure, as 

prescribed in 204.7109(b). 

(vi) Use the clause at 252.205–7000, 

Provision of Information to Cooperative 

Agreement Holders, as prescribed in 

205.470, to comply with 10 U.S.C. 2416. 

(vii) Use the provision at 252.209– 

7001, Disclosure of Ownership or 

Control by the Government of a 

Terrorist Country, as prescribed in 

209.104–70(a), to comply with 10 U.S.C 

2327(b). 

(viii) Use the clause at 252.211–7003, 

Item Identification and Valuation, as 

prescribed in 211.274–6(a)(1). 

(ix) Use the provision at 252.211– 

7006, Passive Radio Frequency 

Identification, as prescribed in 211.275– 

3. 

(x) Use the clause at 252.211–7007, 

Reporting of Government-Furnished 

Property, as prescribed in 211.274–6. 

(xi) Use the provisions at 252.215– 

7007, Notice of Intent to Resolicit, and 

252.215–7008, Only One Offer, as 

prescribed in 215.408(3) and (4), 

respectively. 

(xii) Use the clause at 252.219–7003, 

Small Business Subcontracting Plan 

(DoD Contracts), as prescribed in 

219.708(b)(1)(A)(1), to comply with 15 

U.S.C. 637. Use the clause with its 

Alternate I when prescribed in 

219.708(b)(1)(A)(2). 

(xiii) Use the clause at 252.219–7004, 

Small Business Subcontracting Plan 

(Test Program), as prescribed in 

219.708(b)(1)(B), to comply with 15 

U.S.C. 637 note. 

(xiv) Use the clause at 252.223–7008, 

Prohibition of Hexavalent Chromium, as 

prescribed in 223.7306. 

(xv) Use the provision at 252.225– 

7000, Buy American—Balance of 

Payments Program Certificate, as 

prescribed in 225.1101(1)(i), to comply 

with 41 U.S.C. chapter 83 and Executive 

Order 10582 of December 17, 1954, 

Prescribing Uniform Procedures for 

Certain Determinations Under the BuyAmerican Act. Use the provision with 

its Alternate I as prescribed in 

225.1101(1)(ii). 

(xvi) Use the clause at 252.225–7001, 

Buy American and Balance of Payments 

Program, as prescribed in 225.1101(2)(i), 

to comply with 41 U.S.C. chapter 83 and 

Executive Order 10582 of December 17, 

1954, Prescribing Uniform Procedures 

for Certain Determinations Under the 

Buy-American Act. Use the clause with 

its Alternate I as prescribed in 

225.1101(2)(ii). 

(xvii) Use the clause at 252.225–7008, 

Restriction on Acquisition of Specialty 

Metals, as prescribed in 225.7003– 

5(a)(1), to comply with 10 U.S.C. 2533b. 

(xviii) Use the clause at 252.225– 

7009, Restriction on Acquisition of 

Certain Articles Containing Specialty 

Metals, as prescribed in 225.7003– 

5(a)(2), to comply with 10 U.S.C. 2533b. 

(xix) Use the provision at 252.225– 

7010, Commercial Derivative Military 

Article—Specialty Metals Compliance 

Certificate, as prescribed in 225.7003– 

5(b), to comply with 10 U.S.C. 2533b. 

(xx) Use the clause at 252.225–7012, 

Preference for Certain Domestic 

Commodities, as prescribed in 

225.7002–3(a), to comply with 10 U.S.C. 

2533a. 

(xxi) Use the clause at 252.225–7015, 

Restriction on Acquisition of Hand or 

Measuring Tools, as prescribed in 

225.7002–3(b), to comply with 10 U.S.C. 

2533a. 

(xxii) Use the clause at 252.225–7016, 

Restriction on Acquisition of Ball and 

Roller Bearings, as prescribed in 

225.7009–5, to comply with section 

8065 of Pub. L. 107–117 and the same 

restriction in subsequent DoD 

appropriations acts. 

(xxiii) Use the clause at 252.225– 

7017, Photovoltaic Devices, as 

prescribed in 225.7017–4(a), to comply 

with section 846 of Public Law 111–383. 

(xxiv) Use the provision at 252.225– 

7018, Photovoltaic Devices—Certificate, 

as prescribed in 225.7017–4(b), to 

comply with section 846 of Public Law 

111–383. 

(xxv) Use the provision at 252.225– 

7020, Trade Agreements Certificate, to 

comply with 19 U.S.C. 2501–2518 and 

19 U.S.C. 3301 note. Alternate I also 

implements section 886 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(A) Use the basic provision as 

prescribed in 225.1101(5)(i), 


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(B) Use the provision with its 

Alternate I as prescribed in 

225.1101(5)(ii). 

(xxvi) Use the clause at 252.225–7021, 

Trade Agreements to comply with 19 

U.S.C. 2501–2518 and 19 U.S.C. 3301 

note. Alternate I also implements 

section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(A) Use the basic clause as prescribed 

in 225.1101(6)(i). 

(B) Use the clause with its Alternate 

I as prescribed in 225.1101(6)(ii). 

(C) Use the clause with its Alternate 

II as prescribed in 225.1101(6)(iii). 

(xxvii) Use the provision at 252.225– 

7022, Trade Agreements Certificate— 

Inclusion of Iraqi End Products, as 

prescribed in 225.1101(7), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxviii) Use the provision at 252.225– 

7023, Preference for Products or 

Services from Iraq or Afghanistan, as 

prescribed in 225.7703–5(a), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxix) Use the clause at 252.225–7024, 

Requirement for Products or Services 

from Iraq or Afghanistan, as prescribed 

in 225.7703–5(b), to comply with 

section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxx) Use the clause at 252.225–7026, 

Acquisition Restricted to Products or 

Services from Iraq or Afghanistan, as 

prescribed in 225.7703–5(c), to comply 

with section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(xxxi) Use the clause at 252.225–7027, 

Restriction on Contingent Fees for 

Foreign Military Sales, as prescribed in 

225.7307(a), to comply with 22 U.S.C. 

2779. 

(xxxii) Use the clause at 252.225– 

7028, Exclusionary Policies and 

Practices of Foreign Governments, as 

prescribed in 225.7307(b), to comply 

with 22 U.S.C. 2755. 

(xxxiii) Use the provision at 252.225– 

7031, Secondary Arab Boycott of Israel, 

as prescribed in 225.7605, to comply 

with 10 U.S.C. 2410i. 

(xxxiv) Use the provision at 252.225– 

7035, Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate, to comply with 41 

U.S.C. chapter 83 and 19 U.S.C. 3301 

note. Alternates II, III, and V also 

implement section 886 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). 

(A) Use the basic provision as 

prescribed in 225.1101(10)(i). 

(B) Use the provision with its 

Alternate I as prescribed in 

225.1101(10)(ii). 

(C) Use the provision with its 

Alternate II as prescribed in 

225.1101(10)(iii). 

(D) Use the provision with its 

Alternate III as prescribed in 

225.1101(10)(iv). 

(E) Use the provision with its 

Alternate IV as prescribed in 

225.1101(10)(v). 

(F) Use the provision with its 

Alternate V as prescribed in 

225.1101(10)(vi). 

(xxxv) Use the clause at 252.225– 

7036, Buy American—Free (B) Trade 

Agreements—Balance of Payments 

Program to comply with 41 U.S.C. 

chapter 83 and 19 U.S.C. 3301 note. 

Alternates II, III, and V also implement 

section 886 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

(A) Use the basic clause as prescribed 

in 225.1101(11)(i)(A) 

(B) Use the clause with its Alternate 

I as prescribed in 225.1101(11)(i)(B). 

(C) Use the clause with its Alternate 

II as prescribed in 225.1101(11)(i)(A). 

(D) Use the clause with its Alternate 

III as prescribed in 225.1101(11)(i)(B). 

(E) Use the clause with its Alternate 

IV as prescribed in 225.1101(11)(i)(C). 

(F) Use the clause with its Alternate 

V as prescribed in 225.1101(11)(i)(C). 

(xxxvi) Use the provision at 252.225– 

7037, Evaluation of Offers for Air 

Circuit Breakers, as prescribed in 

225.7006–4(a), to comply with 10 U.S.C. 

2534(a)(3). 

(xxxvii) Use the clause at 252.225– 

7038, Restriction on Acquisition of Air 

Circuit Breakers, as prescribed in 

225.7006–4(b), to comply with 10 U.S.C. 

2534(a)(3). 

(xxxviii) Use the clause at 252.225– 

7039, Contractors Performing Private 

Security Functions, as prescribed in 

225.370–6, to comply with section 862 

of Public Law 110–181, as amended by 

section 853 of Public Law 110–417 and 

sections 831 and 832 of Public Law 

111–383. 

(xxxix) Use the clause at 252.225– 

7040, Contractor Personnel Authorized 

to Accompany U.S. Armed Forces 

Deployed Outside the United States, as 

prescribed in 225.7402–5(a). 

(xl) Use the clause at 252.225–7043, 

Antiterrorism/Force Protection Policy 

for Defense Contractors Outside the 

United States, as prescribed in 

225.7403–2. 

(xli) Use the clause at 252.226–7001, 

Utilization of Indian Organizations, 

Indian-Owned Economic Enterprises, 

and Native Hawaiian Small Business 

Concerns, as prescribed in 226.104, to 

comply with section 8021 of Public Law 

107–248 and similar sections in 

subsequent DoD appropriations acts. 

(xlii) Use the clause at 252.227–7013, 

Rights in Technical Data– 

Noncommercial Items, as prescribed in 

227.7103–6(a). Use the clause with its 

Alternate I as prescribed in 227.7103– 

6(b)(1). Use the clause with its Alternate 

II as prescribed in 227.7103–6(b)(2), to 

comply with 10 U.S.C. 7317 and 17 

U.S.C. 1301, et. seq. 

(xliii) Use the clause at 252.227–7015, 

Technical Data–Commercial Items, as 

prescribed in 227.7102–4(a)(1), to 

comply with 10 U.S.C. 2320. Use the 

clause with its Alternate I as prescribed 

in 227.7102–4(a)(2), to comply with 10 

U.S.C. 7317 and 17 U.S.C. 1301, et seq. 

(xliv) Use the clause at 252.227–7037, 

Validation of Restrictive Markings on 

Technical Data, as prescribed in 

227.7102–4(c). 

(xlv) Use the clause at 252.232–7003, 

Electronic Submission of Payment 

Requests and Receiving Reports, as 

prescribed in 232.7004, to comply with 

10 U.S.C. 2227. 

(xlvi) Use the clause at 252.232–7009, 

Mandatory Payment by 

Governmentwide Commercial Purchase 

Card, as prescribed in 232.1110. 

(xlvii) Use the clause at 252.232– 

7010, Levies on Contract Payments, as 

prescribed in 232.7102. 

(xlviii) Use the clause at 252.232– 

7011, Payments in Support of 

Emergencies and Contingency 

Operations, as prescribed in 232.908. 

(xlix) Use the clause at 252.237–7010, 

Prohibition on Interrogation of 

Detainees by Contractor Personnel, as 

prescribed in 237.173–5, to comply with 

section 1038 of Pub. L. 111–84. 

(l) Use the clause at 252.237–7019, 

Training for Contractor Personnel 

Interacting with Detainees, as prescribed 

in 237.171–4, to comply with section 

1092 of Pub. L. 108–375. 

(li) Use the clause at 252.243–7002, 

Requests for Equitable Adjustment, as 

prescribed in 243.205–71, to comply 

with 10 U.S.C. 2410. 

(lii) Use the clause at 252.244–7000, 

Subcontracts for Commercial Items, as 

prescribed in 244.403. 

(liii) Use the clause at 252.246–7003, 

Notification of Potential Safety Issues, 

as prescribed in 246.371(a). 

(liv) Use the clause at 252.246–7004, 

Safety of Facilities, Infrastructure, and 

Equipment for Military Operations, as 

prescribed in 246.270–4, to comply with 

section 807 of Public Law 111–84. 

(lv) Use the clause at 252.247–7003, 

Pass-Through of Motor Carrier Fuel 

Surcharge Adjustment to the Cost 

Bearer, as prescribed in 247.207, to 


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comply with section 884 of Public Law 

110–417. 

(lvi) Use the provision at 252.247– 

7022, Representation of Extent of 

Transportation by Sea, as prescribed in 

247.574(a). 

(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)). Use the clause with 

its Alternate I as prescribed in 

247.574(b)(2). Use the clause with its 

Alternate II as prescribed in 

247.574(b)(3). Use the clause with its 

Alternate III as prescribed in 

247.574(b)(4). 

(lviii) Use the clause at 252.247–7024, 

Notification of Transportation of 

Supplies by Sea, as prescribed in 

247.574(c). 

(lix) Use the clause 252.247–7025, 

Reflagging or Repair Work, as prescribed 

in 247.574(d), to comply with 10 U.S.C. 

2631(b). 

(lx) Use the provision at 252.247– 

7026, Evaluation Preference for Use of 

Domestic Shipyards—Applicable to 

Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 

Noncontiguous Trade, as prescribed in 

247.574(e), to comply with section 1017 

of Public Law 109–364. 

(lxi) Use the clause at 252.247–7027, 

Riding Gang Member Requirements, as 

prescribed in 247.574(f), to comply with 

section 3504 of the National Defense 

Authorization Act for Fiscal Year 2009 

(Public Law 110–417). 

(lxii) Use the clause at 252.247–7028, 

Application for U.S Government 

Shipping Documentation/Instructions, 

as prescribed in 247.207. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.408 [Amended] 

■ 12. Amend section 215.408 by— 

■ a. In paragraph (3), removing ‘‘in 

competitive solicitations that will be 

solicited’’ and adding ‘‘in competitive 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

will be solicited’’ in its place. 

■ b. In paragraph (4)(i), removing ‘‘in 

competitive solicitations, unless an 

exception’’ and adding ‘‘in competitive 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, unless 

an exception’’ in its place. 

PART 216—TYPES OF CONTRACTS 

■ 13. Amend section 216.203–4–70, by 

revising paragraph (c)(2) to read as 

follows: 

216.203–4–70 Additional provisions and 

clauses. 

* * * * * 

(c) * * * 

(2) Use the provision at 252.216–7008, 

Economic Price Adjustment–Wage Rates 

or Material Prices Controlled by a 

Foreign Government—Representation, 

in solicitations that include the clause at 

252.216–7003, Economic Price 

Adjustment–Wage Rates or Material 

Prices Controlled by a Foreign 

Government. If the solicitation includes 

the clause at FAR 52.204–7, do not 

separately list the provision 252.216– 

7008 in the solicitation. 

PART 219—SMALL BUSINESS 

PROGRAMS 

■ 14. Revise section 219.708 to read as 

follows: 

219.708 Contract clauses. 

(b)(1)(A) Except as provided in 

paragraph (b)(1)(B) of this section, use 

the clause at 252.219–7003, Small 

Business Subcontracting Plan (DoD 

Contracts)— 

(1) In solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

contain the clause at FAR 52.219–9, 

Small Business Subcontracting Plan. 

(2) With its Alternate I in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, that use Alternate III 

of 52.219–9, Small Business 

Subcontracting Plan. 

(B)(1) In prime contracts, including 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

with contractors that have 

comprehensive subcontracting plans 

approved under the test program 

described in 219.702, use the clause at 

252.219–7004, Small Business 

Subcontracting Plan (Test Program), 

instead of the clauses at 252.219–7003, 

Small Business Subcontracting Plan 

(DoD Contracts), and FAR 52.219–9, 

Small Business Subcontracting Plan 

(DoD Contracts), and FAR 52.219–9, 

Small Business Subcontracting Plan. 

(2) However, also include in the 

prime contract, solely for the purpose of 

flowing the clauses down to 

subcontractors— 

(i) FAR clause 52.219–9, Small 

Business Subcontracting Plan, and 

252.219–7003; or 

(ii) When the contract will not be 

reported in FPDS (see FAR 4.606 (c)(5)), 

FAR clause 52.219–9, Small Business 

Subcontracting Plan with its Alternate 

III and 252.219–7003, Small Business 

Subcontracting Plan (DoD Contracts), 

with its Alternate I. 

(2) In contracts with contractors that 

have comprehensive subcontracting 

plans approved under the test program 

described in 219.702, do not use the 

clause at FAR 52.219–16, Liquidated 

Damages—Subcontracting Plan. 

(c)(1) Do not use the clause at FAR 

52.219–10, Incentive Subcontracting 

Program, in contracts with contractors 

that have comprehensive subcontracting 

plans approved under the test program 

described in 219.702. 

PART 223—ENVIRONMENT, ENERGY 

AND WATER EFFICIENCY, 

RENEWABLE ENERGY 

TECHNOLOGIES, OCCUPATIONAL 

SAFETY, AND DRUG-FREE 

WORKPLACE 

■ 15. The authority citation for part 223 

is revised to read as follows: 

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

chapter 1. 

223.7306 [Amended] 

■ 16. Amend section 223.7306 by 

removing ‘‘solicitations and contracts 

for supplies, maintenance and repair 

services, or construction’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for supplies, 

maintenance and repair services, or 

construction’’ in its place. 

PART 225—FOREIGN ACQUISITION 

225.370–6 [Amended] 

■ 17. Amend section 225.370–6 

introductory text by removing ‘‘in all 

solicitations and contracts to be 

performed’’ and adding ‘‘in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, that are to be 

performed’’ in its place. 

■ 18. Amend section 225.1101 by— 

■ a. In paragraph (1)(i), removing 

‘‘solicitation that includes the clause’’ 

and adding ‘‘solicitation, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that includes the 

clause’’ in its place; and removing 

‘‘Balance of Payments Program’’ and 

adding ‘‘Balance of Payments Program. 

If the solicitation includes the clause at 

FAR 52.204–7, do not separately list the 

provision 252.225–7000 in the 

solicitation’’ in its place; 

■ b. In paragraph (1)(ii), removing 

‘‘Alternate I when the acquisition’’ and 

adding ‘‘Alternate I in solicitations, 

including solicitations using FAR part 


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12 procedures for the acquisition of 

commercial items, when the 

acquisition’’ in its place; 

■ c. In paragraph (2)(i) introductory text, 

removing ‘‘in solicitations and contracts 

unless—’’ and adding ‘‘in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, unless—’’ in its 

place; 

■ d. In paragraph (2)(ii), removing 

‘‘Alternate I when the’’ and adding 

‘‘Alternate I in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when the’’ in its place; 

■ e. Revising paragraphs (5)(i) 

through(ii); 

■ f. In paragraph (6)(i) removing ‘‘Trade 

Agreements, instead of the clause at 

FAR 52.225–5, Trade Agreements, if the 

World’’ and adding ‘‘Trade Agreements, 

in solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, if the World’’ in its 

place; 

■ g. In paragraph (6)(ii) removing 

‘‘solicitations and contracts that 

include’’ and adding ‘‘solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that include’’ in its place; 

■ h. In paragraph (6)(iii) removing 

‘‘Alternate II when the’’ and adding 

‘‘Alternate II in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when the’’ in its place; 

■ i. Revising paragraph (7); 

■ j. Revising paragraph (10); 

■ k. In paragraph (11)(i) introductory 

text, removing ‘‘in solicitations and 

contracts for the items listed at 225.401– 

70, including acquisitions of 

commercial items or components, when 

the estimated’’ and adding ‘‘in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the items listed at 

225.401–70, when the estimated’’ in its 

place; 

■ l. In paragraph (11)(i)(A), removing 

‘‘Use the basic clause when’’ and adding 

‘‘Use the basic clause in solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, when’’ in its place; 

■ m. In paragraph (11)(i)(B), removing 

‘‘Use the clause with its Alternate I 

when’’ and adding ‘‘Use the clause with 

its Alternate I in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when’’ in its place; and 

■ n. In paragraph (11)(i)(C), removing 

‘‘Use the clause with its Alternate IV 

when’’ and adding ‘‘Use the clause with 

its Alternate IV in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when’’ in its place. 

The revised text reads as follows: 

225.1101 Acquisition of supplies. 

* * * * * 

(5)(i) Except as provided in paragraph 

(7) of this section, use the provision at 

252.225–7020, Trade Agreements 

Certificate, instead of the provision at 

FAR 52.225–6, Trade Agreements 

Certificate, in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that include the 

clause at 252.225–7021, Trade 

Agreements. If the solicitation includes 

the clause at FAR 52.204–7, do not 

separately list the provision 252.225– 

7020 in the solicitation. 

(ii) Use the provision with its 

Alternate I in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the acquisition 

is of end products in support of 

operations in Afghanistan. 

* * * * * 

(7) Use the provision at 252.225–7022, 

Trade Agreements Certificate— 

Inclusion of Iraqi End Products, instead 

of the provision at FAR 52.225–6, Trade 

Agreements Certificate, in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, that include the 

clause at 252.225–7021, Trade 

Agreements, with its Alternate I. If the 

solicitation includes the clause at FAR 

52.204–7, do not separately list the 

provision 252.225–7022 in the 

solicitation. 

* * * * * 

(10)(i) Use the provision at 252.225– 

7035, Buy American—Free Trade 

Agreements—Balance of Payments 

Program Certificate, instead of the 

provision at FAR 52.225–4, Buy 

American—Free Trade Agreements— 

Israeli Trade Act Certificate, in 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

include the clause at 252.225–7036, Buy 

American—Free Trade Agreements— 

Balance of Payments Program. If the 

solicitation includes the clause at FAR 

52.204–7, do not separately list the 

provision 252.225–7035 in the 

solicitation. 

(ii) Use the provision with its 

Alternate I in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

I. 

(iii) Use the provision with its 

Alternate II in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

II. 

(iv) Use the provision with its 

Alternate III in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

III. 

(v) Use the provision with its 

Alternate IV in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

IV. 

(vi) Use the provision with its 

Alternate V in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, when the clause at 

252.225–7036 is used with its Alternate 

V. 

* * * * * 

225.1103 [Amended] 

■ 19. In paragraph (3) of section 

225.1103, remove ‘‘in a foreign country’’ 

and add ‘‘in a foreign country. If the 

solicitation includes the clause at FAR 

52.204–7, do not separately list the 

provision 252.225–7042 in the 

solicitation’’ in its place. 

225.7002–3 [Amended] 

■ 20. Amend section 225.7002–3 by— 

■ a. In paragraph (a), removing 

‘‘contracts exceeding’’ and adding 

‘‘contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that exceed’’ in its place; and 

■ b. In paragraph (b), removing 

‘‘solicitations and contracts exceeding’’ 

and adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

exceed’’ in its place. 

225.7003–5 [Amended] 

■ 21. Amend section 225.7003–5 by— 

■ a. In paragraph (a)(1) introductory 

text, removing ‘‘solicitations and 

contracts that—’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 


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part 12 procedures for the acquisition of 

commercial items, that—’’ in its place; 

■ b. In paragraph (a)(2) introductory 

text, removing ‘‘solicitations and 

contracts that—’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that—’’ in its place; 

and 

■ c. In paragraph (b) introductory text, 

removing ‘‘in solicitations—’’ and 

adding ‘‘in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items,—’’ in its place. 

225.7006–4 [Amended] 

■ 22. Amend section 225.7006–4 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘in solicitations requiring air 

circuit’’ and adding ‘‘in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, that require air 

circuit’’ in its place; and 

■ b. In paragraph (b) introductory text, 

removing ‘‘solicitations and contracts 

requiring air circuit’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that require air 

circuit’’ in its place; and 

■ c. In paragraph (b)(1), removing ‘‘An 

exception applies’’ and adding ‘‘An 

exception at 225.7006–2 applies’’ in its 

place. 

225.7009–5 [Amended] 

■ 23. Amend section 225.7009–5 

introductory text by removing ‘‘in 

solicitations and contracts, unless—’’ 

and adding ‘‘in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

unless—’’ in its place. 

225.7017–4 [Amended] 

■ 24. Amend section 225.7017–4 by— 

■ a. In paragraph (a)(1) introductory 

text, by removing ‘‘in solicitations for a 

contract’’ and adding ‘‘in solicitations, 

including solicitations using FAR part 

12 procedures for the acquisition of 

commercial items, for a contract’’ in its 

place; and 

■ b. In paragraph (a)(2), removing 

‘‘resultant contract if it’’ and adding 

‘‘resultant contract, including contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, if it’’ in 

its place; and 

■ c. In paragraph (b), removing ‘‘in 

solicitations containing the clause’’ and 

adding ‘‘in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that contain the 

clause’’ in its place. 

225.7307 [Amended] 

■ 25. Amend section 225.7307 by— 

■ a. In paragraph (a), removing 

‘‘solicitations and contracts for FMS’’ 

and adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

are for FMS’’ in its place; and 

■ b. In paragraph (b), removing 

‘‘solicitations and contracts for the 

purchase’’ and adding ‘‘solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that are for the purchase’’ in its place. 

225.7402–5 [Amended] 

■ 26. In section 225.7402–5, amend 

paragraph (a) by removing ‘‘solicitations 

and contracts that authorize’’ and 

adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

authorize’’ in its place. 

225.7403–2 [Amended] 

■ 27. Amend section 225.7403–2 

introductory text by removing 

‘‘solicitations and contracts that 

require’’ and adding ‘‘solicitations and 

contracts, and contracts using FAR part 

12 procedures for the acquisition of 

commercial items, that require’’ in its 

place. 

225.7605 [Amended] 

■ 28. Section 225.7605 is amended by— 

■ a. Removing ‘‘Unless an exception 

applies’’ and adding ‘‘Unless an 

exception at 225.7603 applies’’ in its 

place; and 

■ b. Removing ‘‘in all solicitations’’ and 

adding ‘‘in all solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items. If the solicitation 

includes the clause at FAR 52.204–7, do 

not separately list 252.225–7031 in the 

solicitation’’ in its place. 

225.7703–5 [Amended] 

■ 29. Amend section 225.7703–5 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘in solicitations that provide’’ 

and adding ‘‘in solicitations, including 

solicitations using FAR part 12 

procedures for the acquisition of 

commercial items, that provide’’ in its 

place; 

■ b. In paragraph (b), removing ‘‘in 

solicitations that include’’ and adding 

‘‘in solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

include’’ in its place; and 

■ c. In paragraph (c)(1) introductory 

text, removing ‘‘in solicitations and 

contracts that—’’ and adding ‘‘in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that—’’ in its place. 

PART 226—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 30. The authority citation for part 226 

is revised to read as follows: 

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

chapter 1. 

226.104 [Amended] 

■ 31. Amend section 226.104 by 

removing ‘‘in solicitations and contracts 

for supplies’’ and adding ‘‘in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for supplies’’ 

in its place. 

PART 227—PATENTS, DATA, AND 

COPYRIGHTS 

■ 32. The authority citation for part 227 

is revised to read as follows: 

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

chapter 1. 

227.7102–4 [Amended] 

■ 33. Amend section 227.7102–4 by— 

■ a. In paragraph (a)(1), removing ‘‘in all 

solicitations and contracts when’’ and 

adding ‘‘in all solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when’’ in its place; 

■ b. In paragraph (a)(2), removing 

‘‘Alternate I in contracts for the’’ and 

adding ‘‘Alternate I in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

for the’’ in its place; and 

■ c. In paragraph (c), removing ‘‘in all 

solicitations and contracts for 

commercial items’’ and adding ‘‘in 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items’’ in its place. 

227.7103–6 [Amended] 

■ 34. Amend section 227.7103–6 by— 

■ a. In paragraph (a), removing 

‘‘solicitations and contracts when the’’ 

and adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, when 

the’’ in its place; 

■ b. In paragraph (b)(1) introductory 

text, removing ‘‘Alternate I in research 

contracts when the’’ and adding 


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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 37989 

‘‘Alternate I in research solicitations and 

contracts, including research 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, when the’’ in its 

place; and 

■ c. In paragraph (b)(2), removing 

‘‘Alternate II in contracts for the’’ and 

adding ‘‘Alternate II in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

that are for the’’ in its place. 

PART 229—TAXES 

229.402–70 [Amended] 

■ 35. Amend section 229.402–70 by— 

■ a. In paragraph (c)(2), removing 

‘‘252.229–7003, Tax Exemptions (Italy)’’ 

and adding ‘‘252.229–7003, Tax 

Exemptions (Italy). If the solicitation 

includes the clause at FAR 52.204–7, do 

not separately list 252.229–7012 in the 

solicitation’’ in its place. 

■ b. In paragraph (e)(2), removing 

‘‘252.229–7005, Tax Exemptions 

(Spain)’’ and adding ‘‘252.229–7005, 

Tax Exemptions (Spain). If the 

solicitation includes the clause at FAR 

52.204–7, do not separately list 

252.229–7013 in the solicitation.’’ in its 

place. 

PART 232—CONTRACT FINANCING 

■ 36. Revise section 232.908 to read as 

follows: 

232.908 Contract clauses. 

Use the clause at 252.232–7011, 

Payments in Support of Emergencies 

and Contingency Operations, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, in acquisitions that 

meet the applicability criteria at 

232.901(1). Use of this clause is in 

addition to use of either the approved 

Payment clause prescribed in FAR 

32.908 or the clause at FAR 52.212–4, 

Contract Terms and Conditions— 

Commercial Items. 

■ 37. Revise section 232.1110 to read as 

follows: 

232.1110 Solicitation provision and 

contract clauses. 

Use the clause at 252.232–7009, 

Mandatory Payment by 

Governmentwide Commercial Purchase 

Card, in solicitations, contracts, and 

agreements, including solicitations, 

contracts, and agreements using FAR 

part 12 procedures for the acquisition of 

commercial items, when— 

(1) Placement of orders or calls valued 

at or below the micro-purchase 

threshold is anticipated; and 

(2) Payment by Governmentwide 

commercial purchase card is required 

for orders or calls valued at or below the 

micro-purchase threshold under the 

contract or agreement. 

232.7004 [Amended] 

■ 38. Amend paragraph (a) of section 

232.704 by removing ‘‘solicitations and 

contracts’’ and adding ‘‘solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items’’ 

in its place. 

232.7102 [Amended] 

■ 39. Amend section 232.7102 by 

removing ‘‘solicitations and contracts 

other than those for micro-purchases’’ 

and adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items’’ in its 

place. 

PART 237—SERVICE CONTRACTING 

237.171–4 [Amended] 

■ 40. Amend section 237.171–4 by 

removing ‘‘in solicitations and contracts 

for the acquisition’’ and adding ‘‘in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for the 

acquisition’’ in its place. 

237.173–5 [Amended] 

■ 41. Amend section 237.173–5 by 

removing ‘‘solicitations and contracts 

for the provision’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for the 

provision’’ in its place. 

PART 243—CONTRACT 

MODIFICATIONS 

243.205–71 [Amended] 

■ 42. Amend section 243.205–71 by 

removing ‘‘solicitations and contracts 

estimated’’ and adding ‘‘solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, that are estimated’’ in 

its place. 

PART 244—SUBCONTRACTING 

POLICIES AND PROCEDURES 

■ 43. Revise section 244.403 to read as 

follows: 

244.403 Contract clause. 

Use the clause at 252.244–7000, 

Subcontracts for Commercial Items, in 

solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items. 

PART 246—QUALITY ASSURANCE 

■ 44. The authority citation for part 246 

is revised to read as follows: 

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

chapter 1. 

246.270–4 [Amended] 

■ 45. Amend section 246.270–4 by 

removing ‘‘solicitations and contracts 

for the construction’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the construction’’ 

in its place. 

246.371 [Amended] 

■ 46. Amend section 246.371, in the 

introductory text of paragraph (a), by 

removing ‘‘solicitations and contracts 

for the acquisition of—’’ and adding 

‘‘solicitations and contracts, including 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, for the acquisition 

of—’’ in its place. 

PART 247—TRANSPORTATION 

247.207 [Amended] 

■ 47. Amend section 247.207 by— 

■ a. In paragraph (1), removing 

‘‘solicitations and contracts for carriage’’ 

and adding ‘‘solicitations and contracts, 

including solicitations and contracts 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

are for carriage’’ in its place. 

■ b. In paragraph (2), removing 

‘‘Documentation/Instructions, when 

shipping’’ and adding ‘‘Documentation/ 

Instructions in solicitations and 

contracts, including solicitations and 

contracts using FAR part 12 procedures 

for the acquisition of commercial items, 

when shipping’’ in its place. 

■ 48. Revise section 247.571 to read as 

follows: 

247.571 Definitions. 

As used in this subpart— 

(a) Components, foreign flag vessel, 

ocean transportation, supplies, and 

U.S.-flag vessel have the meaning given 

in the clause at 252.247–7023, 

Transportation of Supplies by Sea. 

(b) Reflagging or repair work has the 

meaning given in the clause at 252.247– 

7025, Reflagging or Repair Work. 

(c) Covered vessel, foreign shipyard, 

overhaul, repair, and maintenance 

work, shipyard, and U.S. shipyard have 

the meaning given in the provision at 

252.247–7026, Evaluation Preference for 


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Use of Domestic Shipyards—Applicable 

to Acquisition of Carriage by Vessel for 

DoD Cargo in the Coastwise or 

Noncontiguous Trade. 

247.572 [Amended] 

■ 49. Amend section 247.572 by— 

■ a. In paragraph (a) introductory text, 

removing ‘‘DoD contractors must 

transport’’ and adding ‘‘In accordance 

with 10 U.S.C. 2631(a), DoD contractors 

must transport’’ in its place; and 

■ b. In paragraph (c), adding 

introductory text. 

The added text reads as follows: 

247.572 Policy. 

* * * * * 

(c) In accordance with 10 U.S.C. 

2631(b)— 

* * * * * 

■ 50. Amend section 247.574 by— 

■ a. Revising paragraph (a) and 

paragraph (b)(1); 

■ b. In paragraph (c), removing ‘‘in all 

contracts for which’’ and adding ‘‘in all 

contracts, including contracts using 

FAR part 12 procedures for the 

acquisition of commercial items, for 

which’’ in its place; 

■ c. In paragraph (d), removing 

‘‘solicitations and contracts for the use 

of’’ and adding ‘‘solicitations and 

contracts, including time charter 

solicitations and contracts using FAR 

part 12 procedures for the acquisition of 

commercial items, that are for the use 

of’’ in its place; and removing ‘‘in 

accordance with 247.572(c)’’ and adding 

‘‘in accordance with 247.572(c)(2)’’ in 

its place; 

■ d. In paragraph (e), removing ‘‘in 

solicitations that require’’ and adding 

‘‘in solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, that 

require’’ in its place; and 

■ e. In paragraph (f), removing 

‘‘solicitations and contracts for the 

charter of’’ and adding ‘‘solicitations 

and contracts, including solicitations 

and contracts using FAR part 12 

procedures for the acquisition of 

commercial items, that are for the 

charter of’’ in its place. 

The revised text reads as follows: 

247.574 Solicitation provisions and 

contract clauses. 

(a)(1) Use the provision at 252.247– 

7022, Representation of Extent of 

Transportation by Sea, in all 

solicitations, including solicitations 

using FAR part 12 procedures for the 

acquisition of commercial items, 

except— 

(i) Those for direct purchase of ocean 

transportation services; or 

(ii) Those with an anticipated value at 

or below the simplified acquisition 

threshold. 

(2) If the solicitation includes the 

clause at FAR 52.204–7, do not 

separately list 252.247–7022 in the 

solicitation. 

(b)(1) Use the clause at 252.247–7023, 

Transportation of Supplies by Sea, in all 

solicitations and resultant 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. 

* * * * * 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.203–7000 [Amended] 

■ 51. Amend the introductory text of 

section 252.203–7000 by removing 

‘‘203.171–4’’ and adding ‘‘203.171–4(a)’’ 

in its place. 

252.211–7003 [Amended] 

■ 52. Amend section 252.211–7003 by— 

■ a. In introductory text, removing 

‘‘211.274–6(a)’’ and adding ‘‘211.274– 

6(a)(1)’’ in its place; and removing the 

clause date ‘‘(JUN 2011)’’ and adding 

‘‘(JUN 2013)’’ in its place; and 

■ b. In paragraph (g), removing 

‘‘paragraph (g), in the applicable 

subcontract(s)’’ and adding ‘‘paragraph 

(g), in the applicable subcontract(s), 

including subcontracts for commercial 

items’’ in its place. 

■ 53. Remove and reserve section 

252.212–7000. 

■ 54. Remove and reserve section 

252.212–7001. 

252.223–7008 [Amended] 

■ 55. Amend section 252.223–7008 by— 

■ a. Removing the clause date ‘‘(MAY 

2011)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (d), removing ‘‘in all 

subcontracts for supplies,’’ and adding 

‘‘in all subcontracts, including 

subcontracts for commercial items, that 

are for supplies,’’ in its place. 

252.225–7009 [Amended] 

■ 56. Amend section 252.225–7009 by— 

■ a. Removing the clause date ‘‘(MAR 

2013)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (e), removing 

‘‘substance of this clause in subcontracts 

for items’’ and adding ‘‘substance of this 

clause in subcontracts, including 

subcontracts for commercial items, that 

are for items’’ in its place. 

252.225–7039 [Amended] 

■ 57. Amend section 252.225–7039 by— 

■ a. Removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (e), removing ‘‘in all 

subcontracts that will be performed’’ 

and adding ‘‘in all subcontracts, 

including subcontracts for commercial 

items, that will be performed’’ in its 

place. 

252.227–7013 [Amended] 

■ 58. Amend section 252.227–7013 by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (k)(2), removing 

‘‘contractual instrument, and require’’ 

and adding ‘‘contractual instrument, 

including subcontracts or other 

contractual instruments for commercial 

items, and require’’ in its place. 

252.227–7015 [Amended] 

■ 59. Amend section 252.227–7015 by— 

■ a. Removing the clause date ‘‘(MAY 

2013)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (e)(2), removing ‘‘other 

contractual instrument, and require its 

subcontractors’’ and adding ‘‘other 

contractual instrument, including 

subcontracts and other contractual 

instruments for commercial items, and 

require its subcontractors’’ in its place. 

■ 60. Amend section 252.227–7037 by— 

■ a. Revising the introductory text; 

■ b. Removing the clause date ‘‘(JUN 

2012)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ c. In paragraph (l), removing 

‘‘contractual instruments with its 

subcontractors’’ and adding 

‘‘contractual instruments, including 

subcontracts and other contractual 

instruments for commercial items, with 

its subcontractors’’ in its place. 

The revision reads as follows: 

252.227–7037 Validation of restrictive 

markings on technical data. 

As prescribed in 227.7102–4(c), 

227.7103–6(e)(3), 27.7104(e)(5), or 

227.7203–6(f), use the following clause: 

* * * * * 

252.236–7013 [Amended] 

■ 61. Amend section 252.236–7013 by— 

■ a. Removing the clause date ‘‘(JAN 

2009)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (c), removing 

‘‘acquisition of steel as a construction 

material’’ and adding ‘‘acquisition of 

steel as a construction material, 

including subcontracts for the 


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Federal Register / Vol. 78, No. 122 / Tuesday, June 25, 2013 / Rules and Regulations 37991 

acquisition of commercial items’’ in its 

place. 

252.237–7010 [Amended] 

■ 62. Amend section 252.237–7010 by— 

■ a. Removing the clause date ‘‘(NOV 

2010)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (c), removing ‘‘in all 

subcontracts that may require’’ and 

adding ‘‘in all subcontracts, including 

subcontracts for commercial items, that 

may require’’ in its place. 

252.237–7019 [Amended] 

■ 63. Amend section 252.237–7019 by— 

■ a. Removing the clause date ‘‘(SEP 

2006)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (c), removing ‘‘in all 

subcontracts that may require’’ and 

adding ‘‘in all subcontracts, including 

subcontracts for commercial items, that 

may require’’ in its place. 

■ 64. Revise section 252.244–7000 to 

read as follows: 

252.244–7000 Subcontracts for 

Commercial Items. 

As prescribed in 244.403, use the 

following clause: SUBCONTRACTS 

FOR COMMERCIAL ITEMS (JUN 2013) 

(a) The Contractor is not required to flow 

down the terms of any Defense Federal 

Acquisition Regulation Supplement (DFARS) 

clause in subcontracts for commercial items 

at any tier under this contract, unless so 

specified in the particular clause. 

(b) While not required, the Contractor may 

flow down to subcontracts for commercial 

items a minimal number of additional 

clauses necessary to satisfy its contractual 

obligation. 

(c) The Contractor shall include the terms 

of this clause, including this paragraph (c), in 

subcontracts awarded under this contract, 

including subcontracts for the acquisition of 

commercial items. 

(End of clause) 

252.246–7003 [Amended] 

■ 65. Amend section 252.246–7003 by— 

■ a. Removing the clause date ‘‘(JAN 

2007)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (f)(2) introductory 

text, removing ‘‘For those subcontracts, 

described in’’ and adding ‘‘For those 

subcontracts, including subcontracts for 

commercial items, described in’’ in its 

place. 

252.247–7003 [Amended] 

■ 66. Amend section 252.247–7003 by— 

■ a. Removing the clause date ‘‘(SEP 

2010)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (c), removing ‘‘in all 

subcontracts with motor carriers’’ and 

adding ‘‘in all subcontracts, including 

subcontracts for commercial items, with 

motor carriers’’ in its place. 

252.247–7023 [Amended] 

■ 67. Amend section 252.247–7023 by— 

■ a. Removing the clause date ‘‘(MAY 

2002)’’ and adding ‘‘(JUN 2013)’’ in its 

place; and 

■ b. In paragraph (h) introductory text, 

removing ‘‘of this clause, the Contractor 

shall’’ and adding ‘‘of this clause, 

including subcontracts for commercial 

items, the Contractor shall’’ in its place. 

[FR Doc. 2013–15030 Filed 6–24–13; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

49 CFR Part 655 

[Docket No. FTA–2013–0012] 

RIN 2132–AB09 

Alcohol and Controlled Substances 

Testing 

AGENCY: Federal Transit Administration 

(FTA), DOT. 

ACTION: Final rule. 

SUMMARY: This final rule is issued to 

revise sections of the Alcohol and 

Controlled Substances (D&A) Testing 

regulation to reflect recent amendments 

to the law. The final rule also includes 

technical corrections to the D&A testing 

regulation to more clearly explain 

existing compliance requirements, 

update regulatory terms, and remove 

repealed statutory provisions. Because 

this rule merely implements a statutory 

provision without agency interpretation 

FTA finds that public comment is 

unnecessary under the circumstances. 

DATES: This final rule is effective on 

June 25, 2013. 

FOR FURTHER INFORMATION CONTACT: For 

program issues, contact Vincent Valdes, 

Office of Transit Safety and Oversight 

(TSO), Federal Transit Administration, 

1200 New Jersey Avenue SE., 

Washington, DC 20590–0001 

(telephone: 202–366–4052); or email: 

Vincent.Valdes@dot.gov). For legal 

issues, contact Bruce Walker, Office of 

Chief Counsel (TCC), FTA, 1200 New 

Jersey Avenue SE., Washington, DC 

20590–0001 (telephone: 202–366–9109); 

(email: Bruce.Walker@dot.gov). Office 

hours are from 8 a.m. to 6 p.m., e.t., 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

I. Background 

FTA is publishing this rule without a 

prior proposal because it merely 

incorporates recent statutory changes to 

FTA’s drug and alcohol testing program 

and makes other minor technical 

amendments. Specifically, this rule 

amends 49 CFR part 655 to implement 

49 U.S.C. 5331(g)(2), as amended by 

§ 20022 of the Moving Ahead for 

Progress in the 21st Century Act, Public 

Law 112–141 (2012) (MAP–21). The 

new legislation provides the Secretary 

of the Department of Transportation 

(DOT) with the option of barring a 

recipient from receiving Federal public 

transportation funds, in an amount the 

Secretary considers appropriate, for 

non-compliance with FTA’s D&A 

regulations which are codified at 49 

CFR part 655. This authority is 

delegated to the FTA Administrator 

pursuant to 49 CFR 1.91. 

With this rule, FTA is amending part 

655 to implement this discretionary 

statutory enforcement remedy available 

to the Administrator. Additionally, this 

rule makes several technical corrections 

to part 655 that include: (1) Removing 

reference to 23 U.S.C. 103(e)(4) from 49 

CFR part 655 as it relates to recipients 

of the Federal Highway 

Administration’s Interstate Substitute 

Program which has been repealed; (2) 

replacing the terms ‘‘mass 

transportation’’ and ‘‘mass transit’’ with 

the term ‘‘public transportation’’ as 

defined in 49 U.S.C. 5331(a)(3); and (3) 

revising Subpart I to more clearly 

explain the statutory requirement to 

establish a compliant D&A testing 

program as a condition for receiving 

Federal transit funds and the associated 

compliance and certification 

requirements for recipients. 

This rule simply adopts the statute 

without agency interpretation and 

includes ministerial technical 

corrections; therefore, pursuant to 5 

U.S.C. 553(b)(3)(A), FTA finds good 

cause to publish this as a final rule 

without public comment because prior 

notice and comment would be 

unnecessary under the circumstances. 

Further, for these reasons, FTA also 

finds good cause pursuant to 5 U.S.C. 

553(d)(2), to make the rule effective 

upon publication in the Federal 

Register. 

II. Overview and General Discussion of 

the Rule 

A. Purpose 

In order to implement 49 U.S.C. 

5331(g)(2), as amended by section 20222 

of MAP–21, this rule amends 49 CFR 

part 655 to effect the FTA 

Administrator’s discretionary authority 


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