Defense Federal Acquisition Regulation Supplement; Resolving Tax Problems, 8538-8539 [05-3199]
Download as PDF
8538
Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations
• Amends DFARS 228.105 to clarify
that fidelity and forgery bonds are
authorized for use under certain
circumstances; and
• Amends DFARS 228.106–7(a) to
update a cross-reference.
DoD published a proposed rule at 69
FR 48444 on August 10, 2004. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule updates and clarifies
DFARS text, with no substantive change
in policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 228
Government procurement.
Therefore, 48 CFR part 228 is amended
as follows:
I
PART 228–BONDS AND INSURANCE
1. The authority citation for 48 CFR
part 228 continues to read as follows:
I
2. Section 228.105 is revised to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
Other types of bonds.
Fidelity and forgery bonds generally
are not required but are authorized for
use when—
(1) Necessary for the protection of the
Government or the contractor; or
(2) The investigative and claims
services of a surety company are
desired.
228.106–7
[Amended]
3. Section 228.106–7 is amended in
paragraph (a) by revising the
I
VerDate jul<14>2003
12:43 Feb 18, 2005
Jkt 205001
[FR Doc. 05–3205 Filed 2–18–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 229
[DFARS Case 2003–D032]
Defense Federal Acquisition
Regulation Supplement; Resolving Tax
Problems
Department of Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text pertaining to
resolution of tax problems under DoD
contracts. This rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
EFFECTIVE DATE: February 22, 2005.
FOR FURTHER INFORMATION CONTACT: Mr.
Euclides Barrera, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0296; facsimile
(703) 602–0350. Please cite DFARS Case
2003–D032.
SUPPLEMENTARY INFORMATION:
A. Background
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
228.105
parenthetical to read ‘‘(see FAR 32.112–
1(b))’’.
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/
transf.htm.
This final rule is a result of the
DFARS Transformation initiative. The
rule revises DFARS 229.101 to remove
text pertaining to (1) resolution of issues
regarding the applicability of taxes
under DoD contracts; and (2) tax relief
agreements between the United States
and European governments. This text
has been relocated to the new DFARS
PO 00000
Frm 00038
Fmt 4700
Sfmt 4700
companion resource, Procedures,
Guidance, and Information (PGI),
available at https://www.acq.osd.mil/
dpap/dars/pgi.
DoD published a proposed rule at 69
FR 48445 on August 10, 2004. DoD
received no comments on the proposed
rule. Therefore, DoD has adopted the
proposed rule as a final rule without
change.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule relocates DoD
procedural information related to tax
relief, with no substantive change in
policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 229
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 229 is amended
as follows:
I
PART 229—TAXES
1. The authority citation for 48 CFR
part 229 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
2. Subpart 229.1 is revised to read as
follows:
I
Subpart 229.1—General
Sec.
229.101
Resolving tax problems.
229.101
Resolving tax problems.
(a) Within DoD, the agency-designated
legal counsels are the defense agency
General Counsels, the General Counsels
of the Navy and Air Force, and for the
Army, the Chief, Contract Law Division,
Office of the Judge Advocate General.
(c) For guidance on directing a
contractor to litigate the applicability of
a particular tax, see PGI 229.101(c).
(d) For information on tax relief
agreements between the United States
E:\FR\FM\22FER1.SGM
22FER1
Federal Register / Vol. 70, No. 34 / Tuesday, February 22, 2005 / Rules and Regulations
and European foreign governments, see
PGI 229.101(d).
[FR Doc. 05–3199 Filed 2–18–05; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
48 CFR Part 246
[DFARS Case 2002–D032]
Defense Federal Acquisition
Regulation Supplement; Government
Source Inspection Requirements
Department of Defense (DoD).
Final rule.
AGENCY:
ACTION:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to eliminate requirements for
Government contract quality assurance
at source for contracts or delivery orders
valued below $250,000, unless certain
conditions exist.
DATES: Effective Date: February 22,
2005.
Ms.
Michele Peterson, Defense Acquisition
Regulations Council, OUSD (AT&L)
DPAP (DAR), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301–3062.
Telephone (703) 602–0311; facsimile
(703) 602–0350. Please cite DFARS Case
2002–D032.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
A. Background
This final rule adds policy at DFARS
246.402 and 246.404 to eliminate the
requirement for Government contract
quality assurance at source for contracts
or delivery orders valued below
$250,000, unless (1) mandated by DoD
regulation, (2) required by a
memorandum of agreement between the
acquiring department or agency and the
contract administration agency, or (3)
the contracting officer determines that
certain conditions exist.
DoD published a proposed rule at 68
FR 53946 on September 15, 2003.
Thirty-seven respondents submitted
comments on the proposed rule. Nine of
the respondents were in favor of the
rule, noting that the change will result
in savings, will expedite deliveries, and
is especially appropriate for commercial
items. A discussion of comments
submitted by the other respondents is
provided below:
1. Comment: It is unclear as to why
the criteria of both 242.402(3)(i) and (ii)
must be met. If the Government
specifies important technical
requirements (through technical
documents, specifications, drawings,
VerDate jul<14>2003
12:43 Feb 18, 2005
Jkt 205001
etc.), there is adequate justification for
Government quality assurance at source.
Paragraphs (3)(i) and (ii) should be
combined to read ‘‘(i) Contract technical
requirements are significant (e.g., the
technical requirements include
drawings, test procedures,
characteristics that are critical to proper
performance of the item are identified,
specific concerns have been identified
with regard to the contractors ability to
meet technical requirements, etc)’’.
DoD Response: Do not agree with the
proposed revision. However,
246.402(3)(ii) has been revised in the
final rule for clarity.
2. Comment: Section 246.402(3)(iii),
addressing manufacturers/producers
and non-manufacturers/non-producers,
should be eliminated.
DoD Response: Do not agree. The
delivery of supplies through a nonmanufacturer or non-producer affects
the ability to perform meaningful
quality assurance at sources. The rule is
intended to ensure that contracting
officers address this issue.
3. Comment: Section 246.402(3)(iii)
should be clarified to explain its
meaning and how it will be defined to
apply equally.
DoD Response: Do not agree. The
terms in paragraph (3)(iii), relating to
manufacturers and producers, are
sufficiently clear and do not require
definition.
4. Comment: One respondent posed a
question regarding 246.402(3)(ii) and
asked about the interpretation of critical
product features/characteristics and
specific acquisition concerns at the
contract administration office level.
DoD Response: The final rule revises
246.402(3) to further clarify the
requirement for the contracting officer
to ensure that critical product features
and characteristics are identified, either
through contract technical requirements
or through other communications with
the provider of the Government contract
quality assurance at source, and to
identify specific concerns. The contract
administration office should assist in
this identification as appropriate, but is
not expected to provide the information
absent the contracting officer activities.
5. Comment: To minimize confusion
that will ensue regarding determinations
for the need for source inspection, the
phrase ‘‘critical product feature’’ should
be clarified.
DoD Response: The final rule revises
246.402(3)(ii) for further clarification.
6. Comment: The following
subparagraphs should be added to
246.402 as exceptions to the proposed
rule: (3)(iv)—‘‘The contract will require
shipment of material OCONUS’’; and
(4)—‘‘Contract is in support of a
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
8539
Security Assistance or Foreign Military
Sales case.’’ The comment details
additional costs and export licenses
associated with free on board (f.o.b.)
destination conditions for OCONUS
shipments and agreed-to letters of offer
and acceptance between the U.S.
Government and foreign governments.
DoD Response: Do not agree with the
recommended change. If the conditions
for Government contract quality
assurance at source are met, the
additional requirements may be
communicated by defining them as a
specific acquisition concern.
7. Comment: Section 246.402(3)
should be revised to provide flexibility
with regard to the first two criteria and
to add a fourth criterion to allow for
other circumstances determined by the
contracting officer after consultation
with quality assurance personnel.
DoD Response: Do not agree. Neither
an additional criterion nor changes to
the existing criteria are needed.
However, 246.402(3)(ii) has been
revised for further clarity.
8. Comment: The text at 246.402
provides differing criteria for
Government contract quality assurance
at source than that found at FAR 46.404.
DoD Response: Do not agree. FAR
46.404 directs the user to FAR 46.402,
which is supplemented by this DFARS
change.
9. Comment: DFARS 246.405 should
be reinstated to ensure that subcontract
activities parallel the proposed change.
DoD Response: Do not agree. The
provisions of FAR 46.405 adequately
address required Government quality
assurance activity at the subcontract
level.
10. Comment: FAR 52.213–4(d) and
FAR 52.246–2 should not be used
concurrently in the same contract.
DoD Response: The comment is
outside the scope of this case. However,
it is noted that FAR 46.302 specifically
allows for inclusion of the clause at FAR
52.246–2 in contracts below the
simplified acquisition threshold when it
is in the Government’s best interest.
11. Comment: The threshold of
$250,000 could be twice that amount.
DoD Response: DoD considers a
threshold of $250,000 to be appropriate
at this time.
12. Comment: The dollar threshold
should be eliminated on the basis that
it is irrelevant and appears arbitrary in
nature. Technical description,
complexity, and criticality are the FAR
46.203 criteria for establishment of
contract quality requirements.
DoD Response: DoD recognizes that
cost is not the indicator of requirements
for Government contract quality
assurance at source. Therefore, the
E:\FR\FM\22FER1.SGM
22FER1
Agencies
[Federal Register Volume 70, Number 34 (Tuesday, February 22, 2005)]
[Rules and Regulations]
[Pages 8538-8539]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-3199]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 229
[DFARS Case 2003-D032]
Defense Federal Acquisition Regulation Supplement; Resolving Tax
Problems
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to update text pertaining to
resolution of tax problems under DoD contracts. This rule is a result
of a transformation initiative undertaken by DoD to dramatically change
the purpose and content of the DFARS.
EFFECTIVE DATE: February 22, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Euclides Barrera, Defense
Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0296; facsimile (703) 602-0350. Please cite DFARS Case 2003-D032.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dfars/transf.htm.
This final rule is a result of the DFARS Transformation initiative.
The rule revises DFARS 229.101 to remove text pertaining to (1)
resolution of issues regarding the applicability of taxes under DoD
contracts; and (2) tax relief agreements between the United States and
European governments. This text has been relocated to the new DFARS
companion resource, Procedures, Guidance, and Information (PGI),
available at https://www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 69 FR 48445 on August 10, 2004.
DoD received no comments on the proposed rule. Therefore, DoD has
adopted the proposed rule as a final rule without change.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule relocates DoD procedural information related to tax
relief, with no substantive change in policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 229
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 229 is amended as follows:
PART 229--TAXES
0
1. The authority citation for 48 CFR part 229 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR chapter 1.
0
2. Subpart 229.1 is revised to read as follows:
Subpart 229.1--General
Sec.
229.101 Resolving tax problems.
229.101 Resolving tax problems.
(a) Within DoD, the agency-designated legal counsels are the
defense agency General Counsels, the General Counsels of the Navy and
Air Force, and for the Army, the Chief, Contract Law Division, Office
of the Judge Advocate General.
(c) For guidance on directing a contractor to litigate the
applicability of a particular tax, see PGI 229.101(c).
(d) For information on tax relief agreements between the United
States
[[Page 8539]]
and European foreign governments, see PGI 229.101(d).
[FR Doc. 05-3199 Filed 2-18-05; 8:45 am]
BILLING CODE 5001-08-P