[Federal Register Volume 75, Number 157 (Monday, August 16, 2010)]
[Rules and Regulations]
[Pages 49849-49850]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-20168]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
Defense Federal Acquisition Regulation Supplement; Excessive
Pass-Through Charges (DFARS Case 2006-D057)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule; technical amendment.
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SUMMARY: DoD issued a final rule in the Federal Register on August 10,
2010, under DFARS Case 2006-D057, Excessive Pass-Through Charges. That
final rule incorrectly removed and reserved two CFR sections. DoD is
issuing this technical amendment to correct that error in the final
rule.
DATES: Effective Date: August 16, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Ynette R. Shelkin, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), Room 3B855,
3060 Defense Pentagon, Washington, DC 20301-3060. Telephone 703-602-
8384; facsimile 703-602-0350.
SUPPLEMENTARY INFORMATION: DoD issued a final rule in the Federal
Register on August 10, 2010 (75 FR 48278), under DFARS Case 2006-D057,
Excessive Pass-Through Charges. That final rule deleted obsolete DFARS
language regarding excessive pass-through charges on contracts and
subcontracts that are entered into for or on behalf of DoD. The final
rule incorrectly removed and reserved sections 252.217-7003 and
252.217-7004, respectively. DoD is issuing this technical amendment to
add these sections back in and correctly remove and reserve sections
252.215-7003 and 252.215-7004, respectively.
List of Subjects in 48 CFR Part 252
Government procurement.
Ynette R. Shelkin,
Editor, Defense Acquisition Regulations System.
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Therefore 48 CFR part 252 is amended as follows:
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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1. The authority citation for 48 CFR part 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
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2. Section 252.215-7003 is removed and reserved.
252.215-7003 [Removed and Reserved]
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3. Section 252.215-7004 is removed and reserved.
252.215-7004 [Removed and Reserved]
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4. Add sections 252.217-7003 and 252.217-7004 to read as follows:
252.217-7003 Changes.
As prescribed in 217.7104(a), use the following clause:
CHANGES (DEC 1991)
(a) The Contracting Officer may, at any time and without notice
to the sureties, by written change order, make changes within the
general scope of any job order issued under the Master Agreement
in--
(1) Drawings, designs, plans, and specifications;
(2) Work itemized;
(3) Place of performance of the work;
(4) Time of commencement or completion of the work; and
(5) Any other requirement of the job order.
(b) If a change causes an increase or decrease in the cost of,
or time required for, performance of the job order, whether or not
changed by the order, the Contracting Officer shall make an
equitable adjustment in the price or date of completion, or both,
and shall modify the job order in writing.
(1) Within ten days after the Contractor receives notification
of the change, the Contractor shall submit to the Contracting
Officer a request for price adjustment, together with a written
estimate of the increased cost.
(2) The Contracting Officer may grant an extension of this
period if the Contractor requests it within the ten day period.
(3) If the circumstances justify it, the Contracting Officer may
accept and grant a request for equitable adjustment at any later
time prior to final payment under the job order, except that the
Contractor may not receive profit on a payment under a late request.
(c) If the Contractor includes in its claim the cost of property
made obsolete or excess as a result of a change, the Contracting
Officer shall have the right to prescribe the manner of disposition
of that property.
(d) Failure to agree to any adjustment shall be a dispute within
the meaning of the Disputes clause.
(e) Nothing in this clause shall excuse the Contractor from
proceeding with the job order as changed.
(End of clause)
252.217-7004 Job Orders and Compensation.
As prescribed in 217.7104(a), use the following clause:
JOB ORDERS AND COMPENSATION (MAY 2006)
(a) The Contracting Officer shall solicit bids or proposals and
make award of job orders. The issuance of a job order signed by the
Contracting Officer constitutes award. The job order shall
incorporate the terms and conditions of the Master Agreement.
(b) Whenever the Contracting Officer determines that a vessel,
its cargo or stores, would be endangered by delay, or whenever the
Contracting Officer determines that military necessity requires that
immediate work on a vessel is necessary, the Contracting Officer may
issue a written order to perform that work and the Contractor hereby
agrees to comply with that order and to perform work on such vessel
within its capabilities.
(1) As soon as practicable after the issuance of the order, the
Contracting Officer and the Contractor shall negotiate a price for
the work and the Contracting Officer shall issue a job order
covering the work.
(2) The Contractor shall, upon request, furnish the Contracting
Officer with a breakdown of costs incurred by the Contractor and an
estimate of costs expected to be incurred in the performance of the
work. The Contractor shall maintain, and make available for
inspection by the Contracting Officer or the Contracting Officer's
representative, records supporting the cost of performing the work.
(3) Failure of the parties to agree upon the price of the work
shall constitute a dispute within the meaning of the Disputes clause
of the Master Agreement. In the meantime, the Contractor shall
diligently proceed to perform the work ordered.
(c)(1) If the nature of any repairs is such that their extent
and probable cost cannot be ascertained readily, the Contracting
Officer may issue a job order (on a sealed bid or
[[Page 49850]]
negotiated basis) to determine the nature and extent of required
repairs.
(2) Upon determination by the Contracting Officer of what work
is necessary, the Contractor, if requested by the Contracting
Officer, shall negotiate prices for performance of that work. The
prices agreed upon shall be set forth in a modification of the job
order.
(3) Failure of the parties to agree upon the price shall
constitute a dispute under the Disputes clause. In the meantime, the
Contractor shall diligently proceed to perform the work ordered.
(End of clause)
[FR Doc. 2010-20168 Filed 8-13-10; 8:45 am]
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