Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 22041 

Washington, DC 20590, one copy of the rated 

on board vessel operating carrier’s ocean bill 

of lading, which shall contain the following 

information: 

(1) Prime contract number; 

(2) Name of vessel; 

(3) Vessel flag of registry; 

(4) Date of loading; 

(5) Port of loading; 

(6) Port of final discharge; 

(7) Description of commodity; 

(8) Gross weight in pounds and cubic feet 

if available; 

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

(10) Name of steamship company. 

(f) If this contract exceeds the simplified 

acquisition threshold, the Contractor shall 

provide with its final invoice under this 

contract a representation that to the best of 

its knowledge and belief— 

(1) No ocean transportation was used in the 

performance of this contract; 

(2) Ocean transportation was used and only 

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

shipments under the contract; 

(3) Ocean transportation was used, and the 

Contractor had the written consent of the 

Contracting Officer for all foreign-flag ocean 

transportation; or 

(4) Ocean transportation was used and 

some or all of the shipments were made on 

foreign-flag vessels without the written 

consent of the Contracting Officer. The 

Contractor shall describe these shipments in 

the following format: 

Item description Contract line items Quantity 

TOTAL .....................

(g) If this contract exceeds the simplified 

acquisition threshold and the final invoice 

does not include the required representation, 

the Government will reject and return it to 

the Contractor as an improper invoice for the 

purposes of the Prompt Payment clause of 

this contract. In the event there has been 

unauthorized use of foreign-flag vessels in 

the performance of this contract, the 

Contracting Officer is entitled to equitably 

adjust the contract, based on the 

unauthorized use. 

(h) In the award of subcontracts for the 

types of supplies described in paragraph 

(b)(2) of this clause, including subcontracts 

for commercial items, the Contractor shall 

flow down the requirements of this clause as 

follows: 

(1) The Contractor shall insert the 

substance of this clause, including this 

paragraph (h), in subcontracts that exceed the 

simplified acquisition threshold in part 2 of 

the Federal Acquisition Regulation. 

(2) The Contractor shall insert the 

substance of paragraphs (a) through (e) of this 

clause, and this paragraph (h), in 

subcontracts that are at or below the 

simplified acquisition threshold in part 2 of 

the Federal Acquisition Regulation. 

(End of clause) 

[FR Doc. 2014–08855 Filed 4–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI18 

Defense Federal Acquisition 

Regulation Supplement: Photovoltaic 

Devices (DFARS Case 2014–D006) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to clarify rules of origin under 

trade agreements for photovoltaic 

devices to be utilized under covered 

DoD contracts, as required by a section 

of the National Defense Authorization 

Act for Fiscal Year 2011. 

DATES: Effective April 21, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy G. Williams, telephone 571–372– 

6106. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published an interim rule in the 

Federal Register at 78 FR 76993 on 

December 20, 2013, to clarify rules of 

origin under trade agreements for 

photovoltaic devices to be utilized 

under covered DoD contracts, as 

required by a section of the National 

Defense Authorization Act for Fiscal 

Year 2011. One respondent submitted a 

public comment in response to the 

interim rule. 

II. Discussion and Analysis 

DoD reviewed the public comment in 

the development of the final rule. The 

interim rule was converted to a final 

rule without change. The one comment 

received related to performance of a net 

zero green house gas analysis, and was 

outside the scope of the rule. 

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 this rule will only have an 

impact on the determination of whether 

photovoltaic devices are substantially 

transformed in a designated country. No 

domestic entities will be impacted 

because the United States is not a 

designated country. For the definition of 

‘‘small business,’’ the Regulatory 

Flexibility Act refers to the Small 

Business Act, which in turn allows the 

U.S. Small Business Administration 

(SBA) Administrator to specify detailed 

definitions or standards (5 U.S.C. 601(3) 

and 15 U.S.C. 632(a)). The SBA 

regulations at 13 CFR 121.105 discuss 

who is a small business: ‘‘(a)(1) Except 

for small agricultural cooperatives, a 

business concern eligible for assistance 

from SBA as a small business is a 

business entity organized for profit, 

with a place of business located in the 

United States, and which operates 

primarily within the United States or 

which makes a significant contribution 

to the U.S. economy through payment of 

taxes or use of American products, 

materials or labor. 

V. Paperwork Reduction Act 

The rule contains 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); 

however, these changes to the DFARS 

do not impose additional information 

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22042 Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules and Regulations 

collection requirements to the 

paperwork burden previously approved 

under OMB Control Number 0704–0229, 

entitled Defense Federal Acquisition 

Regulation Supplement (DFARS); Part 

225, Foreign Acquisition. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

Accordingly, the interim rule 

amending 48 CFR part 252, which was 

published at 78 FR 76993 on December 

20, 2013, is adopted as a final rule 

without change. 

[FR Doc. 2014–08859 Filed 4–18–14; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AI02 

Defense Federal Acquisition 

Regulation Supplement: Clauses With 

Alternates—Contract Financing 

(DFARS Case 2013–D014) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD is issuing a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) as part of a project to review 

clauses with alternates to create basic 

and alternate clauses structured in a 

manner to facilitate use of automated 

contract writing systems. This final rule 

addresses a contract financing clause. 

DATES: Effective April 21, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Annette Gray, telephone 571–372–6093. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD published a proposed rule in the 

Federal Register at 78 FR 48404 on 

August 8, 2013, to amend the DFARS to 

revise the presentation in the DFARS of 

a part 232 contract financing clause 

with an alternate. The rule also 

proposed to add a separate prescription 

for the basic clause as well as the 

alternate. No public comments were 

submitted in response to the proposed 

rule. 

II. Discussion 

This final rule addresses the single 

DFARS part 232 clause that has an 

alternate, 252.232–7007, Limitation of 

Government’s Obligation. In developing 

the final rule, DoD determined that the 

need for an alternate to the basic clause 

could be eliminated by making a minor 

change to paragraph (a) of the basic 

clause. The only difference between the 

basic clause and the alternate is the 

number of line items subject to 

incremental funding, which is 

information inserted by the contracting 

officer into paragraph (a) of the basic 

clause or the alternate clause. In the 

final rule, the alternate clause is being 

eliminated in its entirety as a result of 

an editorial change made to paragraph 

(a) of the basic clause. This change 

enables the contracting officer to tailor 

and use the basic clause, whether a 

single line item or multiple line items 

are being incrementally funded. 

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 

A final regulatory flexibility analysis 

has been performed and is summarized 

as follows: 

This final rule amends the Defense 

Federal Acquisition Regulation 

Supplement (DFARS) clause 252.232– 

7007, Limitation of Government’s 

Obligation. Paragraph (a) of clause 

252.232–7007 is being modified to be 

used for single or multiple line items 

that are to be incrementally funded. The 

modification of paragraph (a) in the 

basic clause eliminates the need for an 

alternate clause; therefore the alternate 

clause is removed by this final rule. 

The public did not raise any issues in 

response to the initial regulatory 

flexibility analysis. The Chief Counsel 

for Advocacy of the Small Business 

Administration did not submit any 

comments in response to the rule. 

Potential offerors, including small 

businesses, may be affected by this rule 

by seeing an unfamiliar format for this 

part 232 clause. According to the 

Federal Procurement Data System, in 

fiscal year 2012, DoD made 

approximately 270,000 contract awards 

(not including modification and orders) 

that exceeded the micro-purchase 

threshold, of which approximately 

180,000 (67%) were awarded to small 

businesses. It is unknown how many of 

these contracts were awarded that 

included incremental funding. Nothing 

substantive will change in solicitations 

or contracts for potential offerors. The 

overall burden caused by this rule is 

expected to be negligible, and will not 

be any greater on small businesses than 

it is on large businesses. 

This rule does not add any new 

information collection requirements. No 

alternatives were identified that will 

accomplish the objectives of the rule. 

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 Part 252 

Government procurement. 

Manuel Quinones, 

Editor, Defense Acquisition Regulations 

System. 

Therefore, 48 CFR part 252 is 

amended as follows: 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 1. The authority citation for 48 CFR 

part 252 continues to read as follows: 

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

chapter 1. 

■ 2. Amend section 252.232–7007 by— 

■ a. Removing the clause date ‘‘(MAY 

2006)’’ and adding ‘‘(APR 2014)’’ in its 

place; 

■ b. Revising paragraph (a); and 

■ c. Removing Alternate I. 

The revision reads as follows. 

252.232–7007 Limitation of Government’s 

obligation. 

* * * * * 

(a) Contract line item(s) [Contracting 

Officer insert after negotiations] is/are 

incrementally funded. For this/these item(s), 

the sum of $ll [Contracting Officer insert 

after negotiations] of the total price is 

presently available for payment and allotted 

mstockstill on DSK4VPTVN1PROD with RULES