# [Amended]
**AGENCY:**
Defense Acquisition Regulations System, Department of Defense (DoD).
**ACTION:**
Final rule.
**SUMMARY:**
DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to conform references throughout the DFARS to the new Codification of Title 41, United States Code, “Public Contracts.”
**DATES:**
*Effective date:* September 20, 2011.
**FOR FURTHER INFORMATION CONTACT:**
Ms. Amy Williams, 703-602-0328.
**SUPPLEMENTARY INFORMATION:**
**I. Background**
On January 4, 2011, Public Law 111-350 enacted a new codified version of Title 41, United States Code (U.S.C.), entitled “Public Contracts.” The purpose of this final rule is to update all references to Title 41 in the DFARS to conform to the recodification.
DoD has issued a final rule because this rule does not have a significant effect beyond the internal operating procedures of DoD and does not have a significant cost or administrative impact on contractors or offerors. Therefore public comment is not required in accordance with 41 U.S.C. 1303.
**II. Executive Orders 12866 and 13563**
Executive Orders 12866 and 13563 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). Executive Order 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 Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
**III. Regulatory Flexibility Act**
The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant DFARS revision within the meaning of FAR 1.501 and public comment is not required in accordance with 41 U.S.C. 1707.
**IV. Paperwork Reduction Act**
The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
**List of Subjects in 48 CFR Parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and Appendix I to Chapter 2**
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252 and appendix I to chapter II are amended as follows:
**48 CFR Part 201**
1. The authority citation for 48 CFR parts 201, 209, 212, 215, 219, 232, 237, 243, 252, and appendix I to chapter II continues to read as follows:
**Authority:**
41 U.S.C. 1303 and 48 CFR chapter 1.
**PART 201—FEDERAL ACQUISITION REGULATIONS SYSTEM**
201.107
2. Amend section 201.107 by—
(a) Removing “Section” from the introductory text and adding in its place “section”; and
(b) Removing “425” from the introductory text and adding in its place “1304”.
**48 CFR Part 201**
201.304
3. Amend section 201.304(2) by—
(a) Removing “Section” and adding in its place “section”; and
(b) Removing “425” and adding in its place “1304”.
**48 CFR Part 209**
**PART 209—CONTRACTOR QUALIFICATIONS**
209.406-2
4. Amend section 209.406-2(2) by—
(a) Removing “Section” and adding in its place “section”;
(b) Removing “(Pub. L. 110-181)”; and
(c) Removing “423(e)(3)(A)(iii)” and adding in its place “2105(c)(1)(C)”.
**48 CFR Part 212**
**PART 212—ACQUISITION OF COMMERCIAL ITEMS**
212.207
5. Amend section 212.207—
(a) In paragraph (b)(i) by removing “403(12)(E)” and adding in its place “103”; and
(b) In paragraph (b)(iii)(A) by removing “403(12)(F)” and adding in its place “103”.
**48 CFR Part 215**
**PART 215—CONTRACTING BY NEGOTIATION**
6. Revise the heading of section 215.403-1 to read as follows:
215.403-1
**48 CFR Part 219**
**PART 219—SMALL BUSINESS PROGRAMS**
219.703
7. Amend section 219.703(a) introductory text by—
(a) Removing “46-48” and adding in its place “8502-8504”; and
(b) Removing “Section” and adding in its place “section”.
**48 CFR Part 232**
**PART 232—CONTRACT FINANCING**
232.803
8. Amend section 232.803(d) by removing “Section 3737(e) of the Revised Statutes (41 U.S.C. 15)” and adding in its place “41 U.S.C. 6305”.
**48 CFR Part 237**
**PART 237—SERVICE CONTRACTING**
237.102-71
9. Amend section 237.102-71(a)(2) by removing “357(b)” and adding in its place “6701”.
**48 CFR Part 243**
**PART 243—CONTRACT MODIFICATIONS**
243.204-71
10. Amend section 242.204-71(c) by removing “605(c)” and adding in its place “7103”.
**48 CFR Part 252**
**PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES**
252.203-7000
11. Amend section 252.203-7000 by—
(a) Removing the clause date of “(JAN 2009)” and adding in its place “(SEP 2011)”;
(b) In paragraph (a)(2)(i) introductory text, removing “403(16)” and adding in its place “131”; and
(c) In paragraph (c), removing “423(e)(3)” and adding in its place “2105(c)”.
**48 CFR Part 252**
252.212-7001
12. Amend section 252.212-7001 by—
(a) Removing the clause date of “(AUG 2011)” and adding in its place “(SEP 2011)”; and
(b) In paragraph (b)(2) removing “Section” and adding in its place “section”;
(c) In paragraph (b)(2) removing the word “note”.
252.219-7003
**48 CFR Part 252**
13. Amend section 252.219-7003 by—
(a) Removing the clause date of “(OCT 2010)” and adding in its place “(SEP 2011)”; and
(b) In paragraph (d), removing “46-48” and adding in its place “8502-8504”.
**48 CFR Part 252**
252.225-7001
14. Amend section 252.225-7001 by—
(a) Removing the clause date of “(JAN 2009)” and adding in its place “(SEP 2011)”;
(b) In paragraph (b), removing “Section 10a-d” and adding in its place “chapter 83”; and
(c) In paragraph (b) removing “431” and adding in its place “1907”.
**48 CFR Part 252**
252.227-7037
15. Amend section 252.227-7037 by—
(a) Removing the clause date “(SEP 1999)” and adding in its place “(SEP 2011)”; and
(b) In paragraph (e)(3), removing “601, *et seq.”* and adding in its place “7101”.
**48 CFR Part 252**
**APPENDIX I TO CHAPTER 2—[Amended]**
16. Amend section I-101.4 by removing “46” and adding in its place “8502”.