Rule2023-08647
Defense Federal Acquisition Regulation Supplement; Technical Amendments
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 27, 2023
Effective
April 27, 2023
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) in order to make needed editorial changes.
Full Text
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<title>Federal Register, Volume 88 Issue 81 (Thursday, April 27, 2023)</title>
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[Federal Register Volume 88, Number 81 (Thursday, April 27, 2023)]
[Rules and Regulations]
[Pages 25511-25512]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08647]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 212 and 228
[Docket DARS-2023-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
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SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) in order to make needed editorial changes.
DATES: Effective April 27, 2023.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, Defense
[[Page 25512]]
Acquisition Regulations System, telephone 703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to 48 CFR part 212. Section 212.301(f)(vii) is
amended to list the clauses in numerical order. Sections 212.503 and
212.504 are revised to list the statutory entries in numerical and
alphabetical order, and add the descriptive term ``(prohibits mandatory
arbitration)'' at the redesignated section 212.503 paragraph (vii) and
section 212.504 paragraph (xiv). A typographical error is corrected at
section 228.371.
List of Subjects in 48 CFR Parts 212 and 228
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 212 and 228 are amended as follows:
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1. The authority citation for 48 CFR parts 212 and 228 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 212--ACQUISITION OF COMMERCIAL PRODUCTS AND COMMERCIAL
SERVICES
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2. Amend section 212.301 by--
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a. Removing paragraph (f)(vii)(C);
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b. Redesignating paragraphs(f)(vii)(A) and (B) as paragraphs
(f)(vii)(B) and (C), respectively; and
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c. Adding a new paragraph (f)(vii)(A).
The addition reads as follows:
212.301 Solicitation provisions and contract clauses for the
acquisition of commercial products and commercial services.
* * * * *
(f) * * *
(vii) * * *
(A) Use the provision at 252.219-7000, Advancing Small Business
Growth, as prescribed in 219.309(1), to comply with 10 U.S.C. 4959.
* * * * *
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3. Amend section 212.503 by revising paragraphs (a)(iii) through (viii)
and (c)(i) and (ii) to read as follows:
212.503 Applicability of certain laws to Executive agency contracts
for the acquisition of commercial products and commercial services.
(a) * * *
(iii) 10 U.S.C. 3845, Contractor Inventory Accounting System
Standards (see 252.242-7004).
(iv) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81),
Employment Transparency Regarding Individuals Who Perform Work in the
People's Republic of China.
(v) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense
Related Felonies.
(vi) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
(vii) Section 8116 of the Defense Appropriations Act for Fiscal
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and
similar sections in subsequent DoD appropriations acts.
(viii) Domestic Content Restrictions in the National Defense
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless
the restriction specifically applies to commercial products or
commercial services. For the restriction that specifically applies to
commercial ball or roller bearings as end items, see 225.7009-3
(section 8065 of Pub. L. 107-117).
(c) * * *
(i) 10 U.S.C. 3703, Truthful Cost or Pricing Data (see FAR 15.403-
1(b)(3)).
(ii) 10 U.S.C. 4655, Prohibition on Limiting Subcontractor Direct
Sales to the United States (see FAR 3.503 and 52.203-6).
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4. Amend section 212.504 by revising paragraphs (a)(i) through (xv) to
read as follows:
212.504 Applicability of certain laws to subcontracts for the
acquisition of commercial products and services.
(a) * * *
(i) 10 U.S.C. 2391 note, Notification of Substantial Impact on
Employment.
(ii) 10 U.S.C. 2631, Transportation of Supplies by Sea (except as
provided in the clause at 252.247-7023, Transportation of Supplies by
Sea).
(iii) 10 U.S.C. 3321(b), Prohibition on Contingent Fees.
(iv) 10 U.S.C. 3741-3750, Allowable Costs Under Defense Contracts.
(v) 10 U.S.C. 3841(d), Examination of Records of a Contractor.
(vi) 10 U.S.C. 3845, Contractor Inventory Accounting System
Standards.
(vii) 10 U.S.C. 4651, note prec. (section 855, Pub. L. 117-81),
Employment Transparency Regarding Individuals Who Perform Work in the
People's Republic of China.
(viii) 10 U.S.C. 4654, Prohibition Against Doing Business with
Certain Offerors or Contractors.
(ix) 10 U.S.C. 4656(a), Prohibition on Persons Convicted of Defense
Related Felonies.
(x) 10 U.S.C. 4753(b), Requirement to Identify Suppliers.
(xi) 10 U.S.C. 4801 note prec., Notification of Proposed Program
Termination.
(xii) 10 U.S.C. 4864, Miscellaneous Limitations on the Procurement
of Goods Other Than United States Goods.
(xiii) 10 U.S.C. 4871, Reporting Requirement Regarding Dealings
with Terrorist Countries.
(xiv) Section 8116 of the Defense Appropriations Act for Fiscal
Year 2010 (Pub. L. 111-118) (prohibits mandatory arbitration) and
similar sections in subsequent DoD appropriations acts.
(xv) Domestic Content Restrictions in the National Defense
Appropriations Acts for Fiscal Years 1996 and Subsequent Years, unless
the restriction specifically applies to commercial products and
commercial services. For the restriction that specifically applies to
commercial ball or roller bearings as end items, see 225.7009-3
(section 8065 of Pub. L. 107-117).
* * * * *
PART 228--BONDS AND INSURANCE
228.371 [Amended]
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5. Amend section 228.371 in paragraph (b)(2) by removing ``228.371-3''
and adding ``228.370-3'' in its place.
[FR Doc. 2023-08647 Filed 4-26-23; 8:45 am]
BILLING CODE 5001-06-P
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</html>Indexed from Federal Register on April 27, 2023.
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