# [Amended]
**AGENCY:**
Defense Acquisition Regulations System, Department of Defense (DoD).
**ACTION:**
Final rule.
**SUMMARY:**
DoD is making technical amendments to the Defense Federal Acquisition Regulation Supplement (DFARS) to update organization names and to add references to the DFARS companion resource, Procedures, Guidance, and Information.
**EFFECTIVE DATE:**
May 31, 2007.
**FOR FURTHER INFORMATION CONTACT:**
Ms. Michele Peterson, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0311; facsimile (703) 602-7887.
**SUPPLEMENTARY INFORMATION:**
This final rule amends DFARS text to update organization names and office symbols, and to add references to internal DoD procedures found in the DFARS companion resource, Procedures, Guidance, and Information (PGI).
**List of Subjects in 48 CFR Parts 209, 215, 225, 249, and 252**
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
**48 CFR Part 209**
Therefore, 48 CFR Parts 209, 215, 225, 249, and 252 are amended as follows:
1. The authority citation for 48 CFR Parts 209, 215, 225, 249, and 252 continues to read as follows:
**Authority:**
41 U.S.C. 421 and 48 CFR Chapter 1.
**PART 209—CONTRACTOR QUALIFICATIONS 209.104-70 [Amended]**
**48 CFR Part 209**
2. Section 209.104-70 is amended in paragraph (a), in the second sentence, by removing “(PAIC)” and adding in its place “(CPIC)”.
**48 CFR Part 215**
**PART 215—CONTRACTING BY NEGOTIATION**
3. Section 215.402 is added to read as follows:
215.402
Follow the procedures at PGI 215.402 when conducting cost or price analysis, particularly with regard to acquisitions for sole source commercial items.
4. Section 215.403-1 is amended as follows:
a. By revising the section heading;
b. By adding paragraph (b);
c. In paragraph (c)(3), by designating the text after “ *Commercial items* .” as paragraph (B);
d. By adding paragraph (c)(3)(A);
e. In newly designated paragraph (c)(3)(B), in the second sentence, by removing “(c)(3)” and adding in its place “(c)(3)(B)”; and
f. In paragraph (c)(4)(A) *(3)* , by revising the second sentence to read as follows:
215.403-1
(b) *Exceptions to cost or pricing data requirements.* Follow the procedures at PGI 215.403-1(b).
(c) * * *
(3) * * *
(A) Follow the procedures at PGI 215.403-1(c)(3)(A) for pricing commercial items.
(4) * * *
(A) * * *
*(3)* * * * Follow the procedures at PGI 215.403-1(c)(4)(A) for determining when an exceptional case waiver is appropriate, for approval of such waivers, for partial waivers, and for waivers applicable to unpriced supplies or services.
**48 CFR Part 215**
5. Section 215.403-3 is added to read as follows:
215.403-3
Follow the procedures at PGI 215.403-3.
6. Section 215.404-1 is amended as follows:
a. By redesignating paragraph (a) as paragraph (2);
b. By adding paragraph (1); and
c. In newly designated paragraph (2), in the introductory text, by removing “ *General.* ”. The added text reads as follows:
215.404-1
(1) Follow the procedures at PGI 215.404-1 for proposal analysis.
**48 CFR Part 225**
**PART 225—FOREIGN ACQUISITION**
225.872-5
7. Section 225.872-5 is amended in paragraph (a), in the last sentence, by removing “Program Acquisition” and adding in its place “Contract Policy”.
225.872-6
8. Section 225.872-6 is amended in paragraph (b) by removing “Program Acquisition” and adding in its place “Contract Policy”.
**48 CFR Part 249**
**PART 249—TERMINATION OF CONTRACTS**
249.7000
9. Section 249.7000 is amended in paragraph (a)(1) by removing “Program Acquisition” and adding in its place “Contract Policy”.
**48 CFR Part 252**
**PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES**
252.225-7004
10. Section 252.225-7004 is amended as follows:
a. By revising the clause date to read “(MAY 2007)”;
b. In paragraph (c)(5), by removing “Program Acquisition” and adding in its place “Contract Policy”; and
c. In paragraph (c)(5), by removing “(PAIC)” and adding in its place “(CPIC)”.
252.225-7006
11. Section 252.225-7006 is amended as follows:
a. By revising the clause date to read “(MAY 2007)”;
b. In paragraph (d), by removing “Program Acquisition” and adding in its place “Contract Policy”; and
c. In paragraph (d), by removing “(PAIC)” and adding in its place “(CPIC)”.