Rule2024-16336
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
July 29, 2024
Effective
July 29, 2024
Issuing agencies
Defense DepartmentDefense Acquisition Regulations System
Abstract
DoD is amending the Defense Federal Acquisition Regulation Supplement (DFARS) to make needed editorial changes.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 145 (Monday, July 29, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 145 (Monday, July 29, 2024)]
[Rules and Regulations]
[Pages 60830-60832]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16336]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 201, 202, 204, 206, 209, 215, 217, 225, 230, 232, 242,
243, 245, 249, and 252
[Docket DARS-2024-0001]
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
-----------------------------------------------------------------------
SUMMARY: DoD is amending the Defense Federal Acquisition Regulation
Supplement (DFARS) to make needed editorial changes.
DATES: Effective July 29, 2024.
FOR FURTHER INFORMATION CONTACT: Ms. Jennifer D. Johnson, telephone
703-717-8226.
SUPPLEMENTARY INFORMATION: This final rule amends the DFARS to make
needed editorial changes to update the name of the Office of the
Principal Director, Defense Pricing and Contracting.
List of Subjects in 48 CFR Parts 201, 202, 204, 206, 209, 215, 217,
225, 230, 232, 242, 243, 245, 249, and 252
Government procurement.
Jennifer D. Johnson,
Editor/Publisher, Defense Acquisition Regulations System.
Therefore, the Defense Acquisition Regulations System amends 48 CFR
parts 201, 202, 204, 206, 209, 215, 217, 225, 230, 232, 242, 243, 245,
249, and 252 as follows:
0
1. The authority citation for 48 CFR parts 201, 202, 204, 206, 209,
215, 217, 225, 230, 232, 242, 243, 245, 249, and 252 continues to read
as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 201--FEDERAL ACQUISITION REGULATIONS SYSTEM
0
2. Amend section 201.170 by revising paragraphs (a) introductory text,
(a)(1) introductory text, (a)(1)(i) and (ii), and (a)(2) to read as
follows:
201.170 Peer reviews.
(a) Defense Pricing, Contracting, and Acquisition Policy peer
reviews. (1) The Office of the Principal Director, Defense Pricing,
Contracting, and Acquisition Policy (DPCAP), using the procedures at
PGI 201.170, will organize teams of reviewers and facilitate peer
reviews for solicitations and contracts as follows:
(i) DPCAP will conduct the preaward peer reviews for competitive
procurements prior to the three phases of the acquisition (see PGI
201.170-2(a)) for all procurements with an estimated value of $1
billion or more under major defense acquisition programs for which the
Under Secretary of Defense for Acquisition and Sustainment (USD(A&S))
is the milestone decision authority or USD(A&S) designates as requiring
a peer review regardless of value. DoD components may request DPCAP-led
peer reviews for acquisitions valued below the $1 billion threshold.
DPCAP will conduct these reviews upon approval by the Director, DPCAP
(Contract Policy).
(ii) DPCAP will conduct the preaward peer reviews for
noncompetitive procurements prior to the two phases of the acquisition
(see PGI 201.170-2(b)) for contract actions, e.g., new contracts,
modifications to existing contracts, requests for equitable adjustment,
claims valued at $1 billion or more, or for any other contract action
USD(A&S) designates as requiring a peer review regardless of value. DoD
components may request DPCAP-led peer reviews for contract actions
valued below the $1 billion threshold. DPCAP will conduct these reviews
upon approval by the Director, DPCAP (Price, Cost and Finance).
* * * * *
(2) To facilitate planning for peer reviews, the military
departments and defense agencies shall provide a rolling annual
forecast of acquisitions that will be subject to DPCAP peer reviews at
the end of each quarter (i.e., March 31; June 30; September 30;
December 31).
(i) Military departments and defense agencies shall submit
quarterly forecasts for competitive peer reviews to the Director, DPCAP
(Contract Policy), at <a href="/cdn-cgi/l/email-protection#2a45594e045a4f445e4b4d454404455f594e074b075904474852044e5a4907495a6a474b434604474346"><span class="__cf_email__" data-cfemail="b4dbc7d09ac4d1dac0d5d3dbda9adbc1c7d099d599c79ad9d6cc9ad0c4d799d7c4f4d9d5ddd89ad9ddd8">[email protected]</span></a>.
(ii) Military departments and defense agencies shall submit
quarterly forecasts for noncompetitive peer reviews to the Director,
DPCAP (Price, Cost and Finance), at <a href="/cdn-cgi/l/email-protection#a5cad6c18bd5c0cbd1c4c2cacb8bcad0d6c188c488d68bc8c7dd8bc1d5c688d5c6c3e5c8c4ccc98bc8ccc9"><span class="__cf_email__" data-cfemail="7d120e19530d1813091c1a12135312080e19501c500e53101f0553190d1e500d1e1b3d101c141153101411">[email protected]</span></a>.
* * * * *
201.201-1 [Amended]
0
3. Amend section 201.201-1 in paragraph (d)(i)V by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
201.304 [Amended]
0
4. Amend section 201.304--
0
a. In paragraph (1)(ii) by removing ``Defense Pricing and Contracting
(DPC)'' and adding ``Defense Pricing, Contracting, and Acquisition
Policy (DPCAP)'' in its place;
0
b. In paragraph (4) by removing ``USD(A&S)DPC'' and adding
``USD(A&S)DPCAP'' in its place;
0
c. In paragraph (5) by removing ``OUSD(A&S)DPC'' and adding
``OUSD(A&S)DPCAP'' in its place; and
0
d. In paragraph (6) by removing ``DPC'' and adding ``DPCAP'' in its
place wherever it appears.
0
5. Amend section 201.402--
[[Page 60831]]
0
a. By revising paragraph (1) introductory text; and
0
b. In paragraph (2) introductory text by removing ``OUSD(A&S)DPC'' and
adding ``OUSD(A&S)DPCAP'' in its place.
The revision reads as follows:
201.402 Policy.
(1) The Principal Director, Defense Pricing, Contracting, and
Acquisition Policy, Office of the Under Secretary of Defense
(Acquisition and Sustainment) (OUSD(A&S)DPCAP), is the approval
authority within DoD for any individual or class deviation from--
* * * * *
201.404 [Amended]
0
6. Amend section 201.404 in paragraph (b)(i) by removing
``OUSD(A&S)DPC'' and adding ``OUSD(A&S)DPCAP'' in its place.
PART 202--DEFINITIONS OF WORDS AND TERMS
202.101 [Amended]
0
7. Amend section 202.101 in the definition of ``Head of the agency'' by
removing ``Defense Pricing and Contracting'' and adding ``Defense
Pricing, Contracting, and Acquisition Policy'' in its place.
PART 204--ADMINISTRATIVE AND INFORMATION MATTERS
204.604 [Amended]
0
8. Amend section 204.604 in paragraph (3) by removing ``Defense Pricing
and Contracting'' and adding ``Defense Pricing, Contracting, and
Acquisition Policy'' in its place.
PART 206--COMPETITION REQUIREMENTS
206.302-5 [Amended]
0
9. Amend section 206.302-5 in paragraph (c)(i)(B) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 209--CONTRACTOR QUALIFICATIONS
209.104-1 [Amended]
0
10. Amend section 209.104-1 in paragraph (g)(ii)(C) introductory text
by removing ``Defense Pricing and Contracting'' and adding ``Defense
Pricing, Contracting, and Acquisition Policy'' in its place.
209.406-2 [Amended]
0
11. Amend section 209.406-2 in paragraph (1)(ii) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 215--CONTRACTING BY NEGOTIATION
215.403-1 [Amended]
0
12. Amend section 215.403-1 in paragraph (c)(4)(B) by removing
``Defense Pricing and Contracting,'' and adding ``Defense Pricing,
Contracting, and Acquisition Policy'' in its place.
PART 217--SPECIAL CONTRACTING METHODS
217.170 [Amended]
0
13. Amend section 217.170 in paragraph (d)(4) by removing ``Defense
Pricing and Contracting (DPC)'' and adding ``Defense Pricing,
Contracting, and Acquisition Policy (DPCAP)'' in its place.
217.172 [Amended]
0
14. Amend section 217.172 in paragraph (h)(7)(iv) by removing
``OUSD(A&S)(DPC)'' and adding ``OUSD(A&S)(DPCAP)'' in its place.
217.7402 [Amended]
0
15. Amend section 217.7402 in paragraph (b) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
217.7405 [Amended]
0
16. Amend section 217.7405 in paragraph (b) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 225--FOREIGN ACQUISITION
0
17. Amend section 225.401 by revising paragraph (a)(2)(A) introductory
text to read as follows:
225.401 Exceptions.
(a)(2)(A) If a department or agency considers an individual
acquisition of a product to be indispensable for national security or
national defense purposes and appropriate for exclusion from the
provisions of FAR subpart 25.4, it may submit a request with supporting
rationale to the Principal Director, Defense Pricing, Contracting, and
Acquisition Policy (DPCAP), Office of the Under Secretary of Defense
(Acquisition and Sustainment) (OUSD(A&S)DPCAP). Approval by
OUSD(A&S)DPCAP is not required if--
* * * * *
225.403 [Amended]
0
18. Amend section 225.403 in paragraph (c)(ii) introductory text by
removing ``Defense Pricing and Contracting'' and adding ``Defense
Pricing, Contracting, and Acquisition Policy'' in its place.
225.770-5 [Amended]
0
19. Amend section 225.770-5 in paragraph (c)(1) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
225.871-5 [Amended]
0
20. Amend section 225.871-5 in paragraph (a) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
225.871-7 [Amended]
0
21. Amend section 225.871-7 in paragraph (a)(1) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
225.872-5 [Amended]
0
22. Amend section 225.872-5 in paragraph (a) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
225.7003-3 [Amended]
0
23. Amend section 225.7003-3 in paragraph (b)(2)(ii) by removing
``Defense Pricing and Contracting'' and adding ``Defense Pricing,
Contracting, and Acquisition Policy'' in its place.
225.7301-2 [Amended]
0
24. Amend section 225.7301-2 by removing ``Defense Pricing and
Contracting'' and adding ``Defense Pricing, Contracting, and
Acquisition Policy'' in its place.
0
25. Amend section 225.7703-2 by revising paragraph (b)(2)(ii)
introductory text to read as follows:
225.7703-2 Determination requirements.
* * * * *
(b) * * *
(2) * * *
(ii) The Principal Director, Defense Pricing, Contracting, and
Acquisition Policy, and the following officials, without power of
redelegation, are authorized to make a determination that applies to an
individual acquisition with a value of $100 million or more or to a
class of acquisitions:
* * * * *
[[Page 60832]]
PART 230--COST ACCOUNTING STANDARDS ADMINISTRATION
230.201-5 [Amended]
0
26. Amend section 230.201-5--
0
a. In paragraph (a)(1)(A) introductory text by removing ``Defense
Pricing and Contracting (DPC)'' and adding ``Defense Pricing,
Contracting, and Acquisition Policy (DPCAP)'' in its place; and
0
b. In paragraphs (a)(1)(B) and (e) by removing ``DPC'' and adding
``DPCAP'' in its place wherever it appears.
PART 232--CONTRACT FINANCING
232.006-5 [Amended]
0
27. Amend section 232.006-5 by removing ``Defense Pricing and
Contracting'' and adding ``Defense Pricing, Contracting, and
Acquisition Policy'' in its place.
0
28. Amend section 232.070--
0
a. By revising paragraph (a); and
0
b. In paragraph (b) by removing ``OUSD(A&S)DPC'' and adding
``OUSD(A&S)DPCAP'' in its place.
The revision reads as follows:
232.070 Responsibilities.
(a) The Principal Director, Defense Pricing, Contracting, and
Acquisition Policy (DPCAP), Office of the Under Secretary of Defense
(Acquisition and Sustainment) (OUSD(A&S)DPCAP) is responsible for
ensuring uniform administration of DoD contract financing, including
DoD contract financing policies and important related procedures.
Agency discretion under FAR part 32 is at the DoD level and is not
delegated to the departments and agencies. Proposals by the departments
and agencies, to exercise agency discretion, shall be submitted to
OUSD(A&S)DPCAP.
* * * * *
232.611 [Amended]
0
29. Amend section 232.611 in paragraph (a) introductory text by
removing ``Defense Pricing and Contracting'' and adding ``Defense
Pricing, Contracting, and Acquisition Policy'' in its place.
232.1004 [Amended]
0
30. Amend section 232.1004 in paragraph (b)(ii) introductory text by
removing ``DPC'' and adding ``Defense Pricing, Contracting, and
Acquisition Policy'' in its place.
232.7101 [Amended]
0
31. Amend section 232.7101--
0
a. In paragraph (b) by removing ``Defense Pricing and Contracting
(DPC)'' and adding ``Defense Pricing, Contracting, and Acquisition
Policy (DPCAP)'' in its place; and
0
b. In paragraph (c) by removing ``DPC'' and adding ``DPCAP'' in its
place.
PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES
242.602 [Amended]
0
32. Amend section 242.602 in paragraph (c)(2) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
242.771-3 [Amended]
0
33. Amend section 242.771-3 in paragraph (b)(1) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 243--CONTRACT MODIFICATIONS
243.204-70-1 [Amended]
0
34. Amend section 243.204-70-1 in paragraph (b) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 245--GOVERNMENT PROPERTY
245.102 [Amended]
0
35. Amend section 245.102 in paragraph (4)(ii)(C)(2) by removing
``Defense Pricing and Contracting (DPC)'' and adding ``Defense Pricing,
Contracting, and Acquisition Policy'' in its place.
PART 249--TERMINATION OF CONTRACTS
249.7000 [Amended]
0
36. Amend section 249.7000 in paragraph (a)(1) by removing ``Defense
Pricing and Contracting'' and adding ``Defense Pricing, Contracting,
and Acquisition Policy'' in its place.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
37. Amend section 252.225-7004 by revising the clause date and
paragraph (c)(5) to read as follows:
252.225-7004 Report of Intended Performance Outside the United States
and Canada--Submission after Award.
Report of Intended Performance Outside the United States and Canada--
Submission After Award (Jul 2024)
(c) * * *
(5) Shall submit a copy of each report to: Principal Director,
Defense Pricing, Contracting, and Acquisition Policy (Contract Policy),
OUSD(A&S) DPCAP/CP, Washington, DC 20301-3060.
* * * * *
[FR Doc. 2024-16336 Filed 7-26-24; 8:45 am]
BILLING CODE 6001-FR-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on July 29, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.