[Federal Register: August 16, 2010 (Volume 75, Number 157)]
[Rules and Regulations]               
[Page 49849-49850]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16au10-12]                         

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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.

0
Therefore 48 CFR part 252 is amended as follows:

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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.


0
2. Section 252.215-7003 is removed and reserved.


252.215-7003  [Removed and Reserved]

0
3. Section 252.215-7004 is removed and reserved.


252.215-7004  [Removed and Reserved]

0
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]
BILLING CODE 5001-08-P