Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 52253 

I. Background 

DoD published an interim rule in the 

Federal Register at 77 FR 19127 on 

March 30, 2012, to implement section 

814(b) of the National Defense 

Authorization Act for Fiscal Year 2012 

(Pub. L. 112–81). The interim rule 

adjusted the dollar limitation on the 

acquisition of right-hand drive 

passenger sedans from $30,000 per 

vehicle to $40,000 per vehicle, and 

included this dollar limitation on the 

list of statutory acquisition-related 

dollar thresholds subject to inflation 

adjustment in accordance with the 

requirements of 41 U.S.C. 1908. One 

respondent submitted a public comment 

in response to the interim rule. 

II. Discussion and Analysis of the 

Public Comments 

The respondent concurred with the 

inflation threshold increase listed at 

DFARS 212.271. There were no 

comments suggesting changes to the 

interim rule. Therefore, DoD is 

finalizing the interim rule without 

change. 

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 certifies that this final rule will 

not 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 adjusts upward the 

current limitation for acquisition of 

right-hand drive passenger vehicles 

from $30,000 to $40,000 due to 

inflation. 

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 201 and 

212 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 201 and 212, 

which was published at 77 FR 19127 on 

March 30, 2012, is adopted as a final 

rule without change. 

[FR Doc. 2012–21062 Filed 8–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 209, 210, 215, 217, 230, 

237, 245, and 252 

Defense Federal Acquisition 

Regulation Supplement; Technical 

Amendments 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is making technical 

amendments to the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to provide needed editorial 

changes. 

DATES: Effective Date: August 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Manuel Quinones, Defense Acquisition 

Regulations System, 

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

3B855, 3060 Defense Pentagon, 

Washington, DC 20301–3060. 

Telephone 571–372–6088; facsimile 

571–372–6094. 

SUPPLEMENTARY INFORMATION: This final 

rule amends the DFARS as follows: 

1. Clarifies the designation at 

209.403(1) for the Department of Army 

debarring and suspending official. 

2. Revises codes of offices designated 

to receive reports referenced at 215.403– 

1(c)(3)(B) and 230.201–5. 

3. Directs contracting officers to 

additional DFARS procedures, 

guidance, and information by adding 

references at 210.002, 217.7404, 

237.102–77, and 237.102–78. 

4. Corrects a form title at 245.7001–6. 

6. Corrects a typographical error in 

clause 252.219–7003, paragraph (f), and 

revises the clause date. 

7. Makes a conforming change to 

clause 252.225–7017(a) to add Armenia 

to the definition of ‘‘Designated 

country’’, which was inadvertently 

omitted from publication of the final 

rule under DFARS Case 2011–D046 (77 

FR 30368). The final rule for DFARS 

Case 2011–D057 (77 FR 4631) had 

previously added Armenia as a World 

Trade Organization Government 

Procurement Agreement country and a 

designated county. 

List of Subjects in 48 CFR Parts 209, 

210, 215, 217, 230, 237, 245, and 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR parts 209, 210, 215, 

217, 230, 237, 245, and 252 are 

amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 209, 215, 217, 245, and 252 

continues to read as follows: 

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

chapter 1. 

PART 209—CONTRACTOR 

QUALIFICATIONS 

209.403 [Amended] 

■ 2. Section 209.403(1) is amended by 

removing ‘‘Director, Soldier & Family 

Legal Services’’ and adding in its place 

‘‘Army—Director, Soldier & Family 

Legal Services’’. 

PART 210—MARKET RESEARCH 

■ 3. The authority citation for 48 CFR 

210 is revised to read as follows: 

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

chapter 1. 

■ 4. Section 210.002 is added to read as 

follows: 

210.002 Procedures. 

When contracting for services, see the 

market research report guide for 

improving the tradecraft in services 

acquisition at PGI 210.070. 

PART 215—CONTRACTING BY 

NEGOTIATION 

215.403–1 [Amended] 

■ 5. Section 215.403–1(c)(3)(B) is 

amended by removing ‘‘ATTN: DPAP/ 

CPF’’ and adding in its place ‘‘ATTN: 

DPAP/CPIC’’. 

PART 217—SPECIAL CONTRACTING 

METHODS 

■ 6. Section 217.7404 is amended by 

adding introductory text to read as 

follows: 

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52254 Federal Register / Vol. 77, No. 168 / Wednesday, August 29, 2012 / Rules and Regulations 

217.7404 Limitations. 

See PGI 217.7404 for additional 

guidance on obtaining approval to 

authorize use of an undefinitized 

contract action, documentation 

requirements, and other limitations on 

their use. 

* * * * * 

PART 230—COST ACCOUNTING 

STANDARDS ADMINISTRATION 

■ 7. The authority citation for 48 CFR 

230 is revised to read as follows: 

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

chapter 1. 

230.201–5 [Amended] 

■ 8. Section 230.201–5(e) is amended by 

removing ‘‘ATTN: DPAP/CPF’’ and 

adding in its place ‘‘ATTN: DPAP/ 

CPIC’’. 

PART 237—SERVICE CONTRACTING 

■ 9. The authority citation for 48 CFR 

237 is revised to read as follows: 

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

chapter 1. 

■ 10. Section 237.102–77 is added to 

read as follows: 

237.102–77 Automated requirements 

roadmap tool. 

See PGI 237.102–77 for guidance on 

using the Automated Requirements 

Roadmap Tool to develop and organize 

performance requirements into draft 

versions of the performance work 

statement, the quality assurance 

surveillance plan, and the performance 

requirements summary. 

■ 11. Section 237.102–78 is added to 

read as follows: 

237.102–78 Market research report guide 

for improving the tradecraft in services 

acquisition. 

See PGI 210.070 for guidance on use 

of the market research report guide to 

conduct and document market research 

for service acquisitions. 

PART 245—GOVERNMENT PROPERTY 

245.7001–6 [Amended] 

■ 12. In 245.7001–6, amend the section 

heading by removing ‘‘DD Form 1822,’’ 

and adding in its place ‘‘DLA Form 

1822,’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.219–7003 [Amended] 

■ 13. Section 252.219–7003 is amended 

by— 

■ a. Amending the clause date by 

removing ‘‘(JUN 2012)’’ and adding in 

its place ‘‘(AUG 2012)’’; and 

■ b. Amending paragraph (f) by 

removing the word ‘‘approval’’ and 

adding in its place ‘‘approved’’. 

252.225–7017 [Amended] 

■ 14. Section 252.225–7017 is amended 

by— 

■ a. Amending the clause date by 

removing ‘‘(JUN 2012)’’ and adding in 

its place ‘‘(AUG 2012)’’; and 

■ b. Amending the paragraph (a) 

definition of ‘‘Designated country’’ at 

paragraph (i) by adding the country of 

Armenia within the parentheses at the 

beginning of the (WTO GPA) country 

list. 

[FR Doc. 2012–21053 Filed 8–28–12; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 211, 212, and 252 

RIN 0750–AG83 

Defense Federal Acquisition 

Regulation Supplement: Reporting of 

Government-Furnished Property 

(DFARS Case 2012–D001) 

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 revise and standardize 

reporting requirements for Governmentfurnished property. 

DATES: Effective Date: August 29, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Meredith Murphy, telephone 571–372– 

6098. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule under 

DFARS Case 2009–D043 in the Federal 

Register at 75 FR 80426 on December 

22, 2010. Subsequently, DoD published 

a second proposed rule, under DFARS 

Case 2012–D001, in the Federal Register 

at 76 FR 64885 on October 19, 2011, to 

revise and standardize reporting 

requirements for Government-furnished 

property to include items uniquely and 

non-uniquely identified, and to clarify 

policy for contractor access to 

Government supply sources. DoD held a 

public meeting to discuss the second 

proposed rule on November 17, 2011. 

One respondent submitted comments in 

response to the second proposed rule. 

Discussions from the public meeting 

held to discuss the second proposed 

rule, as well as the public comments, 

were considered in drafting this final 

rule. 

II. Discussion and Analysis of the 

Public Comments 

DoD reviewed the public comments in 

the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments is provided, as follows: 

A. Summary of Significant Changes 

The revisions modify and standardize 

contractor Government property 

reporting requirements, making 

revisions that are necessary given DoD’s 

emphasis on property accountability. 

The final rule alters the requirements of 

the current clause, which requires 

Defense contractors to report (primarily) 

Government-furnished equipment items 

valued at $5,000 or more, to a new 

requirement to report all serialized 

Government-furnished property 

regardless of unit acquisition value. The 

revised reporting requirement includes 

electronic receipt requirements, which 

will be expanded to non-serialized 

items by 2014. This effort is consistent 

with Secretary of Defense memorandum 

dated October 13, 2011, which 

emphasizes both asset accountability 

and the need to accelerate key elements 

of DoD’s audit readiness plans. 

B. Analysis of Public Comments 

1. General 

Comment: A respondent stated that 

the rule is ‘‘premature.’’ The respondent 

thought that the current DFARS and its 

associated contract clause at 252.211– 

7007, Reporting of GovernmentFurnished Property, should include a 

summary of end processes for various 

types of contracts, such as production, 

depot, or services, and should include 

references to business rules used in each 

type of arrangement. The respondent 

also proposed that the ‘‘military 

departments must own the end to end 

process and use the IUID registry as a 

tool to manage process, programs and 

items. The IUID Registry must be 

integrated into other DoD business 

management systems. A stand-alone 

contractor centric system will not 

provide sufficient benefits to sustain 

existence.’’ In support of its position, 

the respondent proposed to add to the 

DFARS text, at 211.274–4, a new 

paragraph (f) as follows: 

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