[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]

[Rules and Regulations]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-27780]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2017-0020]

RIN 0750-AJ47

Defense Federal Acquisition Regulation Supplement: New Qualifying Country-Latvia (DFARS Case 2017-D037)

AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to add Latvia as a qualifying country.

DATES: Effective December 28, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, telephone 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

DoD is amending the DFARS to add Latvia as a qualifying country. On April 10, 2017, the Secretary of Defense and the Minister of Defense of the Republic of Latvia signed a Reciprocal Defense Procurement Agreement. The Secretary of Defense also signed, on that day, a determination and findings that it is inconsistent with the public interest to apply the restrictions of the Buy American Act to the acquisition of articles, materials, and supplies, produced or manufactured in the Republic of Latvia. The agreement removes discriminatory barriers to procurements of supplies and services produced by industrial enterprises of the other country to the extent mutually beneficial and consistent with national laws, regulations, policies, and international obligations. This agreement does not cover construction or construction material. Latvia is already a designated country under the World Trade Organization Government Procurement Agreement.

II. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

This rule only updates the list of qualifying countries in the DFARS by adding the newly qualifying country of Latvia. The definition of ``qualifying country'' is updated in each of the following clauses; however, this revision does not impact the clause prescriptions for use, or applicability at or below the simplified acquisition threshold, or applicability to commercial items. The clauses are: DFARS 252.225-7001, Buy American and Balance of Payments Program; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 252.225-7012, Preference for Certain Domestic Commodities; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7036, Buy American--Trade Agreements--Balance of Payments Program.

III. Publication of This Final Rule for Public Comment Is Not Required by Statute

The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication of Proposed Regulations.'' Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not constitute a significant DFARS revision within the meaning of FAR 1.501-1 and does not have a significant cost or administrative impact on contractors or offerors. Latvia is added to the list of 26 other countries that have similar reciprocal defense procurement agreements with DoD. These requirements affect only the internal operating procedures of the Government.

V. Executive Orders 12866 and 13563

Executive Order (E.O.) 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, 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.

V. Executive Order 13771

This rule is not subject to E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act does not apply to this rule, because this final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require publication for public comment.

VII. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply, because the final rule affects the definition of ``qualifying country'' in each of the following clauses: DFARS 252.225-7001, Buy American and Balance of Payments Program; DFARS 252.225-7002, Qualifying Country Sources as Subcontractors; DFARS 252.225-7012, Preference for Certain Domestic Commodities; DFARS 252.225-7017, Photovoltaic Devices; DFARS 252.225-7021, Trade Agreements; and DFARS 252.225-7036, Buy American--Trade Agreements--Balance of Payments Program. The changes to these DFARS clauses do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704-0229, entitled ``DFARS Part 225, Foreign Acquisition and related clauses,'' because the rule merely shifts the category under which items from Latvia must be listed.

List of Subjects in 48 CFR Parts 225 and 252

Government procurement.

Jennifer L. Hawes,

Regulatory Control Officer, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 225 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION

225.003 [Amended]

2. Section 225.003 is amended in paragraph (10), the definition of ``Qualifying country'', by adding, in alphabetical order, the country of ``Latvia''.

225.872-1 [Amended]

3. Section 225.872-1 is amended in paragraph (a) by adding, in alphabetical order, the country of ``Latvia''.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.225-7001 [Amended]

4. Section 252.225-7001 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place;

b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and

c. In Alternate I--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''.

252.225-7002 [Amended]

5. Section 252.225-7002 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''.

252.225-7012 [Amended]

6. Section 252.225-7012 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (a), the definition of ``Qualifying country'', adding in alphabetical order, the country of ``Latvia''.

252.225-7017 [Amended]

7. Section 252.225-7017 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''.

252.225-7021 [Amended]

8. Section 252.225-7021 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place;

b. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and

c. In Alternate II--

i. In the clause heading, removing the date of ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''.

252.225-7036 [Amended]

9. Section 252.225-7036 is amended by--

a. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place;

b. In paragraph (a), the definition of ``Qualifying country'', adding in alphabetical order, the country of ``Latvia'';

c. In Alternate I--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia'';

d. In Alternate II--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia'';

e. In Alternate III--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia'';

f. In Alternate IV--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''; and

g. In Alternate V--

i. In the clause heading, removing the date ``(DEC 2016)'' and adding ``(DEC 2017)'' in its place; and

ii. In paragraph (a), the definition of ``Qualifying country'', adding, in alphabetical order, the country of ``Latvia''.

[FR Doc. 2017-27780 Filed 12-27-17; 8:45 am]

BILLING CODE 5001-06-P

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[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]

[Rules and Regulations]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-27781]

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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225 and 252

[Docket DARS-2017-0017]

RIN 0750-AJ65

Defense Federal Acquisition Regulation Supplement: Trade Agreements Thresholds (DFARS Case 2018-D001)

AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to incorporate revised thresholds for application of the World Trade Organization Government Procurement Agreement and the Free Trade Agreements, as determined by the United States Trade Representative.

DATES: Effective: January 1, 2018.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, 571-372-6106.

SUPPLEMENTARY INFORMATION:

I. Background

This rule adjusts thresholds for application of the World Trade Organization (WTO) Government Procurement Agreement (GPA) and Free Trade Agreements (FTA) as determined by the United States Trade Representative (USTR). The trade agreements thresholds are adjusted every two years according to predetermined formulae set forth in the agreements. The USTR has specified the following new thresholds in the Federal Register (82 FR 58248, December 11, 2017):

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Supply Construction

Contract Contract

Trade Agreement (equal to or (equal to or

exceeding) exceeding)

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WTO GPA................................. $180,000 $6,932,000

FTAs:

Australia FTA....................... 80,317 6,932,000

Bahrain FTA......................... 180,000 10,441,216

CAFTA-DR (Costa Rica, Dominican 80,317 6,932,000

Republic, El Salvador, Guatemala,

Honduras, and Nicaragua)...........

Chile FTA........................... 80,317 6,932,000

Columbia............................ 80,317 6,932,000

Korea............................... 100,000 6,932,000

Morocco FTA......................... 180,000 6,932,000

NAFTA:

--Canada............................ 25,000 10,441,216

--Mexico............................ 80,317 10,441,216

Panama FTA.......................... 180,000 6,932,000

Peru FTA............................ 180,000 6,932,000

Singapore FTA....................... 80,317 6,932,000

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II. Publication of This Final Rule for Public Comment Is Not Required by Statute

The statute that applies to the publication of the Federal Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication of Proposed Regulations.'' Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it does not constitute a significant DFARS revision within the meaning of FAR 1.501-1 and does not have a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it only adjusts the thresholds according to predetermined formulae to adjust for changes in economic conditions, thus maintaining the status quo, without significant effect beyond the internal operating procedures of the Government.

III. Applicability to Contracts at or Below the Simplified Acquisition Threshold and for Commercial Items, Including Commercially Available Off-the-Shelf Items

This rule amends the DFARS to revise thresholds for application of the WTO GPA and the FTA. The revisions do not add any new burdens or impact applicability of clauses and provisions at or below the simplified acquisition threshold, or to commercial items.

IV. Executive Orders 12866 and 13563

Executive Order (E.O.) 12866, Regulatory Planning and Review, and E.O. 13563, Improving Regulation and Regulatory Review, 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. The Office of Management and Budget, Office of Information and Regulatory Affairs (OIRA), has determined that this is not a significant regulatory action as defined under section 3(f) of E.O. 12866 and, therefore, was not subject to review under section 6(b). This rule is not a major rule as defined at 5 U.S.C. 804(2).

V. Executive Order 13771

This rule is not subject to E.O. 13771, Reducing Regulation and Controlling Regulatory Costs, because this rule is not a significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant FAR revision within the meaning of FAR 1.501-1, and 41 U.S.C. 1707 and does not require publication for public comment.

VII. Paperwork Reduction Act

The Paperwork Reduction Act (44 U.S.C chapter 35) does apply, because the final rule affects the prescriptions for use of the certification and information collection requirements in the provision at DFARS 252.225-7035, Buy American-Free Trade Agreements-Balance of Payments Program Certificate, and the certification and information collection requirements in the provision at DFARS 252.225-7018, Photovoltaic Devices--Certificate. The changes to these DFARS clauses do not impose additional information collection requirements to the paperwork burden previously approved under OMB Control Number 0704-0229, entitled ``DFARS Part 225, Foreign Acquisition and related clauses,'' because the threshold changes are in line with inflation and maintain the status quo.

List of Subjects in 48 CFR Parts 225 and 252

Government procurement.

Jennifer L. Hawes,

Regulatory Control Officer, Defense Acquisition Regulations System.

Therefore, 48 CFR parts 225 and 252 are amended as follows:

1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 225--FOREIGN ACQUISITION

225.1101 [Amended]

2. Amend section 225.1101 by--

a. In paragraph (6) introductory text, removing ``$191,000'' and adding ``$180,000'' in its place;

b. In paragraph (10)(i) introductory text, removing ``$191,000'' and adding ``$180,000'' in its place;

c. In paragraph (10)(i)(A), removing ``$191,000'' and adding ``$180,000'' in its place;

d. In paragraph (10)(i)(B), removing ``$77,533'' and adding ``$80,317'' in its place;

e. In paragraph (10)(i)(C), removing ``$191,000'' and adding ``$180,000'' in its place; and

f. In paragraphs (10)(i)(D) through (F), removing ``$77,533'' wherever it appears and adding ``$80,317'' in its place.

225.7017-3 [Amended]

3. Amend section 225.7017-3, in paragraph (b), by removing ``$191,000'' and adding ``$180,000'' in its place.

225.7017-4 [Amended]

4. Amend section 225.7017-4, in paragraphs (a)(1) and (b)(1), by removing ``$191,000'' and adding ``$180,000'' in both places.

225.7503 [Amended]

5. Amend section 225.7503 by--

a. In paragraphs (a) and (b) introductory text, removing ``$7,358,000'' and adding ``$6,932,000'' in both places;

b. In paragraph (b)(1), removing ``$10,079,365'' and adding ``$10,441,216'' in its place;

c. In paragraph (b)(2), removing ``$7,358,000'' and adding ``$6,932,000'' in its place, and removing ``$10,079,365'' and adding ``$10,441,216'' in its place;

d. In paragraph (b)(3), removing ``$10,079,365'' and adding ``$10,441,216'' in its place; and

e. In paragraph (b)(4), removing ``$7,358,000'' and adding ``$6,932,000'' in its place, and removing ``$10,079,365'' and adding ``$10,441,216'' in its place.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.225-7017 [Amended]

6. Amend section 252.225-7017 by--

a. Removing clause date ``(DEC 2016)'' and adding ``(JAN 2018)'' in its place;

b. In paragraphs (c)(2) and (3), removing ``$77,533'' and adding ``$80,317'' in its place; and

c. In paragraphs (c)(4) and (5), removing ``$191,000'' and adding ``$180,000'' in its place.

252.225-7018 [Amended]

7. Amend section 252.225-7018 by--

a. Removing clause date ``(JAN 2016)'' and adding ``(JAN 2018)'' in its place;

b. In paragraph (b)(1) introductory text, removing ``$191,000'' and adding ``$180,000'' in its place;

c. In paragraph (b)(2), removing ``$191,000'' and adding ``$180,000'' in its place;

d. In paragraphs (d)(3) and (4) introductory text, removing ``$77,533'' and adding ``$80,317'' in both places; and

e. In paragraphs (d)(5) and (6) introductory text, removing ``$191,000'' and adding ``$180,000'' in its place.

[FR Doc. 2017-27781 Filed 12-27-17; 8:45 am]

BILLING CODE 5001-06-P

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[Federal Register Volume 82, Number 248 (Thursday, December 28, 2017)]

[Rules and Regulations]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2017-27782]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 204, 211, 212, 217, 218, 219, 222, 225, 227, 237, 239, 242, 243, 245, and 252

[Docket DARS-2017-0022]

Defense Federal Acquisition Regulation Supplement: Technical Amendments

AGENCY: Defense Acquisition Regulations System, Department of Defense (DoD).

ACTION: Final rule.

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SUMMARY: DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to provide needed editorial changes.

DATES: Effective December 28, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Jennifer L. Hawes, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), Room 3B941, 3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 571-372-6115; facsimile 571-372-6094.

SUPPLEMENTARY INFORMATION: This final rule amends the DFARS as follows--

1. Corrects the title of DFARS clause 252.204-7009 at 204.7304(b) and 212.301(f)(ii)(B) to add the missing words ``Reported Cyber Incident'' to the clause title.

2. Revises the following DFARS sections to reflect updated references and cite the applicable volumes of DoD Manual 4140.01, which

replaced DoD 4140.1-R. The updated references are cited at: DFARS 211.275-2(a)(1), 217.7001(b), 217.7002(b), 217.7003(a), 217.7506, 217.7601(b), 239.7001, 242.1105(1)(i), and 252.211-7006(b)(1)(i).

3. Corrects cross references at DFARS 218.271(d), 225.7501(a)(2)(i), 227.7103-10(a)(1), 237.102-75, and 252.247-7020 introductory text.

4. Provides guidance at DFARS 219.705-4(d) that contracting officers may use the checklist at DFARS Procedures, Guidance, and Information (PGI) 219.705-4 when reviewing subcontracting plans, and to see PGI 219.705-6(f) for guidance on reviewing subcontracting reports.

5. Revises DFARS 222.406-9(c)(3) to state that the Department of Labor will retain withheld funds pending completion of an investigation or other administrative proceedings in lieu of the Comptroller General. On November 25, 2014, Federal Acquisition Regulation (FAR) final rule 2014-011 was published in the Federal Register (79 FR 70342) to implement the Streamlining Claims Processing for Federal Contractor Employees Act, which transferred certain functions from the Government Accountability Office to the Department of Labor. This update aligns DFARS 222.406-9(c)(3) with FAR 22.406-9(c)(3).

6. Corrects, at DFARS 225.870-4(c)(3), the titles of DFARS clauses 252.215-7003 and 252.215-7004 by adding the missing words ``Submission of'' to each clause title.

7. Corrects a reference at DFARS 242.7301(b).

8. Makes a minor editorial change to DFARS 242.7503 by adding ``or'' after the semicolon in paragraph (a).

9. Corrects a typographical error at DFARS 243.204-70-3(b) by correcting the spelling of ``contracting''.

10. Renumbers DFARS section 245.103-73 as 245.103-74. Provides new guidance at DFARS 245.103-73 for contracting officers to see DFARS Procedures, Guidance, and Information (PGI) 245.103-73 for information on reporting Government property under sustainment contracts.

11. Makes an editorial correction to DFARS clause 252.246-7008, by adding a comma in paragraph (e).

12. Provide updated internet links at DFARS 252.245-7002(b)(1) and 252.245-7004(b) and (b)(1)(iv).

List of Subjects in 48 CFR Parts 204, 211, 212, 217, 218, 219, 222, 225, 227, 237, 239, 242, 243, 245, and 252

Government procurement.

Jennifer L. Hawes,

Regulatory Control Officer Defense Acquisition Regulations System.

Therefore, 48 CFR parts 204, 211, 212, 217, 218, 219, 222, 225, 227, 237, 239, 242, 243, 245, and 252 are amended as follows:

1. The authority citation for 48 CFR parts 204, 211, 212, 217, 218, 219, 222, 225, 227, 237, 239, 242, 243, 245, and 252 continues to read as follows:

Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.

PART 204--ADMINISTRATIVE MATTERS

204.7304 [Amended]

2. Amend section 204.7304(b) by removing ``Limitations on the Use or Disclosure of Third-Party Contractor Information'' and adding ``Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information'' in its place.

PART 211--DESCRIBING AGENCY NEEDS

211.275-2 [Amended]

3. Amend section 211.275-2(a)(1) introductory text by removing ``DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, AP1.1.11'' and adding ``DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition'' in its place.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

212.301 [Amended]

4. Amend section 212.301(f)(ii)(B) by removing ``Limitations on the Use or Disclosure of Third-Party Contractor Information'' and adding ``Limitations on the Use or Disclosure of Third-Party Contractor Reported Cyber Incident Information'' in its place.

PART 217--SPECIAL CONTRACTING METHODS

217.7001 [Amended]

5. Amend section 217.7001(b) by removing ``DoD 4140.1-R, DoD Materiel Management Regulation, Chapter 9.5, Exchange or Sale of Nonexcess Personal Property'' and adding ``DoD Manual 4140.01, Volume 9, DoD Supply Chain Materiel Management Procedures: Materiel Programs'' in its place.

217.7002 [Amended]

6. Amend section 217.7002(b) by removing ``DoD 4140.1-R, Chapter 9.5'' and adding ``DoD Manual 4140.01, Volume 9, DoD Supply Chain Materiel Management Procedures: Materiel Programs'' in its place.

217.7003 [Amended]

7. Amend section 217.7003(a) by removing ``DoD 4140.1-R, Chapter 9.5'' and adding ``DoD Manual 4140.01, Volume 9, DoD Supply Chain Materiel Management Procedures: Materiel Programs'' in its place.

217.7506 [Amended]

8. Amend section 217.7506 by removing ``DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, Chapter 8, Section C8.3'' and adding ``DoD Manual 4140.01, Volume 9, DoD Supply Chain Materiel Management Procedures: Materiel Programs'' in its place.

217.7601 [Amended]

9. Amend section 217.7601(b) by removing ``DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, Chapter 2, Section C2.2'' and adding ``DoD Manual 4140.01, Volume 2, DoD Supply Chain Materiel Management Procedures: Demand and Supply Planning'' in its place.

PART 218--EMERGENCY ACQUISITIONS

218.271 [Amended]

10. Amend 218.271(d) by removing ``FAR 13.500(e)'' and adding ``FAR 13.500(c)(1)'' in its place.

PART 219--SMALL BUSINESS PROGRAMS

11. Revise section 219.705-4 to read as follows:

219.705-4 Reviewing the subcontracting plan.

(d)(i) Challenge any subcontracting plan that does not contain positive goals. A small disadvantaged business goal of less than five percent must be approved one level above the contracting officer.

(ii) The contracting officer may use the checklist at PGI 219.705-4 when reviewing subcontracting plans in accordance with FAR 19.705-4.

12. Add section 219.705-6 to read as follows:

219.705-6 Postaward responsibilities of the contracting officer.

(f) See PGI 219.705-6(f) for guidance on reviewing subcontracting reports.

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

222.406-9 [Amended]

13. Amend section 222.406-9(c)(3) by removing ``Department of Labor has given blanket approval to forward withheld funds to the Comptroller General'' and adding ``Department of Labor will retain withheld funds'' in its place.

PART 225--FOREIGN ACQUISITION

14. Revise section 225.870-4(c)(3) to read as follows:

225.870-4 Contracting procedures.

* * * * *

(c) * * *

(3) The contracting officer shall use the provision at 252.215-7003, Requirement for Submission of Data Other Than Certified Cost or Pricing Data--Canadian Commercial Corporation, and the clause at 252.215-7004, Requirement for Submission of Data Other Than Certified Cost or Pricing Data--Modifications—Canadian Commercial Corporation, as prescribed at 215.408(3)(i) and (ii),

respectively.

* * * * *

225.7501 [Amended]

15. Amend section 225.7501(a)(2)(i) by removing ``or 225.104(a)''.

PART 227--PATENTS, DATA, AND COPYRIGHTS

227.7103-10 [Amended]

16. Amend section 227.7103-10(a)(1) by removing ``15.607'' and adding ``15.306'' in its place.

PART 237--SERVICE CONTRACTING

237.102-75 [Amended]

17. Amend section 237.102-75 by removing ``Chapter 14'' and adding ``Chapter 10'' in its place.

PART 239--ACQUISITION OF INFORMATION TECHNOLOGY

239.7001 [Amended]

18. Amend section 239.7001 by removing ``DoD 4140.1-R, DoD Supply Chain Materiel Management Regulation, Chapter 9, Section C9.5'' and adding ``DoD Manual 4140.01, Volume 9, DoD Supply Chain Materiel Management Procedures: Materiel Programs'' in its place.

PART 242--CONTRACT ADMINISTRATION AND AUDIT SERVICES

242.1105 [Amended]

19. Amend section 242.1105(1)(i) by removing ``DoD 4140.1-R, DoD Materiel Management Regulation'' and adding ``DoD Manual 4140.01, Volume 5, DoD Supply Chain Materiel Management Procedures: Delivery of Materiel'' in its place.

242.7301 [Amended]

20. Amend section 242.7301(b) by removing ``Agency'' and adding ``Agent'' in its place.

242.7503 [Amended]

21. Amend section 242.7503 by--

a. In paragraph (a) adding ``or'' after the semicolon; and

b. In paragraph (b) removing ``]'' at the end of the sentence.

PART 243--CONTRACT MODIFICATIONS

243.204-70-3 [Amended]

22. Amend section 243.204-70-3(b) by removing ``contacting'' and adding ``contracting'' in its place.

PART 245--GOVERNMENT PROPERTY

245.103-73 [REDESIGNATED AS 245.103-74]

23. Redesignate section 245.103-73 as 245.103-74.

24. Add new section 245.103-73 to read as follows:

245.103-73 Government property under sustainment contracts.

See PGI 245.103-73 for information on the reporting requirements for Government inventory held by contractors under sustainment contracts in accordance with DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

252.211-7006 [Amended]

25. Amend section 252.211-7006 by--

a. Removing the clause date ``(JUN 2016)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (b)(1)(i), removing ``DoD 4140.1-R, DoD Supply Chain Material Management Regulation, AP1.1.11'' and adding ``DoD Manual 4140.01, Volume 6, DoD Supply Chain Materiel Management Procedures: Materiel Returns, Retention, and Disposition'' in its place.

252.245-7002 [Amended]

26. Amend section 252.245-7002 by--

a. Removing the clause date ``(APR 2012)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (b)(1), removing ``http://www.dcma.mil/aboutetools.cfm'' and adding ``http://www.dcma.mil/WBT/propertyloss/'' in its place.

252.245-7004 [Amended]

27. Amend section 252.245-7004 by--

a. Removing the clause date ``(SEP 2016)'' and adding ``(DEC 2017)'' in its place;

b. In paragraph (b), introductory text, removing ``http://www.dcma.mil/DCMAIT/cbt/PCARSS/index.cfm'' and adding ``http://www.dcma.mil/WBT/PCARSS/'' in its place; and

c. In paragraph (b)(1)(iv), removing ``http://www2.dla.mil/j-6/dlmso/elibrary/manuals/dlm/dlm_pubs.asp#'' and adding ``http://www.dla.mil/HQ/InformationOperations/DLMS/elibrary/manuals/MILSTRAP/'' in its place.

252.246-7008 [Amended]

28. Amend section 252.246-7008 by--

a. Removing the clause date ``(OCT 2016)'' and adding ``(DEC 2017)'' in its place; and

b. In paragraph (e), adding a comma after the word ``items''.

252.247-7020 [Amended]

29. Amend the section's introductory text by removing ``247.270-3(o)'' and adding ``247.271-3(n)'' in its place.

[FR Doc. 2017-27782 Filed 12-27-17; 8:45 am]

BILLING CODE 5001-06-P