Defense Federal Acquisition Regulation Supplement; Advisory and Assistance Services, 57193-57194 [05-19458]

Download as PDF Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 252.229–7011 Reporting of Foreign Taxes—U.S. Assistance Programs. A. Background As prescribed in 229.170–4, use the following clause: Reporting of Foreign Taxes—U.S. Assistance Programs (SEP 2005) (a) Definition. Commodities, as used in this clause, means any materials, articles, supplies, goods, or equipment. (b) Commodities acquired under this contract shall be exempt from all value added taxes and customs duties imposed by the recipient country. This exemption is in addition to any other tax exemption provided through separate agreements or other means. (c) The Contractor shall inform the foreign government of the tax exemption, as documented in the Letter of Offer and Acceptance, country-to-country agreement, or interagency agreement. (d) If the foreign government or entity nevertheless imposes taxes, the Contractor shall promptly notify the Contracting Officer and shall provide documentation showing that the foreign government was apprised of the tax exemption in accordance with paragraph (c) of this clause. (e) The Contractor shall insert the substance of this clause, including this paragraph (e), in all subcontracts for commodities that exceed $500. (End of clause) [FR Doc. 05–19463 Filed 9–29–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 237 [DFARS Case 2003–D042] Defense Federal Acquisition Regulation Supplement; Advisory and Assistance Services AGENCY: ACTION: Department of Defense (DoD). Final rule. SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update text pertaining to the acquisition of advisory and assistance services. This rule is a result of a transformation initiative undertaken by DoD to dramatically change the purpose and content of the DFARS. EFFECTIVE DATE: September 30, 2005. Ms. Robin Schulze, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0326; facsimile (703) 602–0350. Please cite DFARS Case 2003–D042. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 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/dars/ dfars/transformation/index.htm. This final rule is a result of the DFARS Transformation initiative. The rule— • Deletes the definition of ‘‘advisory and assistance services’’ at DFARS 237.201. The definition is used primarily for budget reporting under 10 U.S.C. 2212, and is adequately addressed in financial management regulations. • Deletes obsolete text on contracting for engineering and technical services at DFARS 237.203. This text was based on DoD Directive 1130.2, Engineering and Technical Sevices—Management Control, which was cancelled in 1990. • Deletes a reference listing of DoD publications that govern the conduct of audits at DFARS 237.270. This list has been relocated to the new DFARS companion resource, Procedures, Guidance, and Information (PGI). Additional information on PGI is available at https://www.acq.osd.mil/ dpap/dars/pgi. • Deletes obsolete text on management controls and requesting activity responsibilities at DFARS 237.271 and 237.272. This text was based on OMB Circular A–120, Guidelines for the Use of Advisory and Assistance Services, which was rescinded in 1993. OMB Circular A–120 was replaced by OFPP Policy Letter 93– 1, Management Oversight of Service Contracting, which is implemented in FAR Subpart 37.5. DoD published a proposed rule at 70 FR 8562 on February 22, 2005. 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. PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 57193 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 makes no significant change to DoD policy for the acquisition of advisory and assistance services. 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 237 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR Part 237 is amended as follows: I PART 237—SERVICE CONTRACTING 1. The authority citation for 48 CFR Part 237 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 237.201 and 237.203 [Removed] 2. Sections 237.201 and 237.203 are removed. I 3. Section 237.270 is revised to read as follows: I 237.270 Acquisition of audit services. (a) General policy. (1) Do not contract for audit services unless— (i) The cognizant DoD audit organization determines that expertise required to perform the audit is not available within the DoD audit organization; or (ii) Temporary audit assistance is required to meet audit reporting requirements mandated by law or DoD regulation. (2) See PGI 237.270 for a list of DoD publications that govern the conduct of audits. (b) Contract period. Except in unusual circumstances, award contracts for recurring audit services for a 1-year period with at least 2 option years. (c) Approvals. Do not issue a solicitation for audit services unless the requiring activity provides evidence that the cognizant DoD audit organization has approved the statement of work. The requiring agency shall obtain the same evidence of approval for subsequent material changes to the statement of work. (d) Solicitation provisions and contract clauses. (1) Use the provision at E:\FR\FM\30SER1.SGM 30SER1 57194 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 252.237–7000, Notice of Special Standards of Responsibility, in solicitations for audit services. (2) Use the clause at 252.237–7001, Compliance with Audit Standards, in solicitations and contracts for audit services. 237.271 and 237.272 The revised list of import eligible vehicles is effective on September 30, 2005. DATES: FOR FURTHER INFORMATION CONTACT: [Removed] 4. Sections 237.271 and 237.272 are removed. I [FR Doc. 05–19458 Filed 9–29–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration 49 CFR Part 192 Damage Prevention Program CFR Correction In Title 49 of the Code of Federal Regulations, parts 186 to 199, revised as of October 1, 2004, on page 81, in § 192.614 paragraph (c)(5) is corrected by removing the word ‘‘possible’’ and adding in its place the word ‘‘practical’’. [FR Doc. 05–55512 Filed 9–29–05; 8:45 am] BILLING CODE 1505–01–D DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration 49 CFR Part 593 [Docket No. NHTSA–2005–22233] List of Nonconforming Vehicles; Decided To Be Eligible for Importation National Highway Traffic Safety Administration (NHTSA), DOT. ACTION: Final rule. AGENCY: SUMMARY: This document revises the list of vehicles not originally manufactured to conform to the Federal motor vehicle safety standards (FMVSS) that NHTSA has decided to be eligible for importation. This list is contained in an appendix to the agency’s regulations that prescribe procedures for import eligibility decisions. The list has been revised to add all vehicles that NHTSA has decided to be eligible for importation since October 1, 2004, and to remove all previously listed vehicles that are now more than 25 years old and need no longer comply with all applicable FMVSS to be lawfully imported. NHTSA is required by statute to publish this list annually in the Federal Register. VerDate Aug<31>2005 15:28 Sep 29, 2005 Jkt 205001 Coleman Sachs, Office of Vehicle Safety Compliance, NHTSA, (202) 366–3151. SUPPLEMENTARY INFORMATION: Under 49 U.S.C. 30141(a)(1)(A), a motor vehicle that was not originally manufactured to conform to all applicable FMVSS shall be refused admission into the United States unless NHTSA has decided that the motor vehicle is substantially similar to a motor vehicle originally manufactured for importation into and sale in the United States, certified under 49 U.S.C. 30115, and of the same model year as the model of the motor vehicle to be compared, and is capable of being readily altered to conform to all applicable FMVSS. Where there is no substantially similar U.S.-certified motor vehicle, 49 U.S.C. 30141(a)(1)(B) permits a nonconforming motor vehicle to be admitted into the United States if its safety features comply with, or are capable of being altered to comply with, all applicable FMVSS based on destructive test data or such other evidence as the Secretary of Transportation decides to be adequate. Under 49 U.S.C. 30141(a)(1), import eligibility decisions may be made ‘‘on the initiative of the Secretary of Transportation or on petition of a manufacturer or importer registered under [49 U.S.C. 30141(c)].’’ The Secretary’s authority to make these decisions has been delegated to NHTSA. The agency publishes notice of eligibility decisions as they are made. Under 49 U.S.C. 30141(b)(2), a list of all vehicles for which import eligibility decisions have been made must be published annually in the Federal Register. On October 1, 1996, NHTSA added the list as an appendix to 49 CFR Part 593, the regulations that establish procedures for import eligibility decisions (61 FR 51242). As described in the notice, NHTSA took that action to ensure that the list is more widely disseminated to government personnel who oversee vehicle imports and to interested members of the public. See 61 FR 51242–43. In the notice, NHTSA expressed its intention to annually revise the list as published in the appendix to include any additional vehicles decided by the agency to be eligible for importation since the list was last published. See 61 FR 51243. The agency stated that issuance of the document announcing these revisions will fulfill the annual publication requirements of 49 U.S.C. 30141(b)(2). Ibid. PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 Regulatory Analyses and Notices A. Executive Order 12866, Regulatory Planning and Review Executive Order 12866, ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993), provides for making determinations about whether a regulatory action is ‘‘significant’’ and therefore subject to Office of Management and Budget (OMB) review and to the requirements of the Executive Order. The Order defines a ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (2) Create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) Materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) Raise novel legal or policy issues arising out of legal mandates, the President’s priorities, or the principles set forth in the Executive Order. This rule will not have any of these effects and was not reviewed under Executive Order 12866. It is not significant within the meaning of the DOT Regulatory Policies and Procedures. The effect of this rule is not to impose new requirements but to provide a summary compilation of decisions on import eligibility that have already been made and does not involve new decisions. This rule will not impose any additional burden on any person. The agency believes that this impact is minimal and does not warrant the preparation of a regulatory evaluation. B. Environmental Impacts We have not conducted an evaluation of the impacts of this rule under the National Environmental Policy Act. This rule does not impose any change that would result in any impacts to the quality of the human environment. Accordingly, no environmental assessment is required. C. Regulatory Flexibility Act Pursuant to the Regulatory Flexibility Act, we have considered the impacts of this rule on small entities (5 U.S.C. 601 et seq.). I certify that this rule will not have a significant economic impact upon a substantial number of small entities within the context of the Regulatory Flexibility Act. The E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57193-57194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19458]


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DEPARTMENT OF DEFENSE

48 CFR Part 237

[DFARS Case 2003-D042]


Defense Federal Acquisition Regulation Supplement; Advisory and 
Assistance Services

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 
the acquisition of advisory and assistance services. This rule is a 
result of a transformation initiative undertaken by DoD to dramatically 
change the purpose and content of the DFARS.

EFFECTIVE DATE: September 30, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition 
Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326; 
facsimile (703) 602-0350. Please cite DFARS Case 2003-D042.

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/dars/dfars/transformation/index.htm.
    This final rule is a result of the DFARS Transformation initiative. 
The rule--
     Deletes the definition of ``advisory and assistance 
services'' at DFARS 237.201. The definition is used primarily for 
budget reporting under 10 U.S.C. 2212, and is adequately addressed in 
financial management regulations.
     Deletes obsolete text on contracting for engineering and 
technical services at DFARS 237.203. This text was based on DoD 
Directive 1130.2, Engineering and Technical Sevices--Management 
Control, which was cancelled in 1990.
     Deletes a reference listing of DoD publications that 
govern the conduct of audits at DFARS 237.270. This list has been 
relocated to the new DFARS companion resource, Procedures, Guidance, 
and Information (PGI). Additional information on PGI is available at 
https://www.acq.osd.mil/dpap/dars/pgi.
     Deletes obsolete text on management controls and 
requesting activity responsibilities at DFARS 237.271 and 237.272. This 
text was based on OMB Circular A-120, Guidelines for the Use of 
Advisory and Assistance Services, which was rescinded in 1993. OMB 
Circular A-120 was replaced by OFPP Policy Letter 93-1, Management 
Oversight of Service Contracting, which is implemented in FAR Subpart 
37.5.
    DoD published a proposed rule at 70 FR 8562 on February 22, 2005. 
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 makes no significant change to DoD policy for the 
acquisition of advisory and assistance services.

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 237

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR Part 237 is amended as follows:

PART 237--SERVICE CONTRACTING

0
1. The authority citation for 48 CFR Part 237 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


237.201 and 237.203  [Removed]

0
2. Sections 237.201 and 237.203 are removed.

0
3. Section 237.270 is revised to read as follows:


237.270  Acquisition of audit services.

    (a) General policy. (1) Do not contract for audit services unless--
    (i) The cognizant DoD audit organization determines that expertise 
required to perform the audit is not available within the DoD audit 
organization; or
    (ii) Temporary audit assistance is required to meet audit reporting 
requirements mandated by law or DoD regulation.
    (2) See PGI 237.270 for a list of DoD publications that govern the 
conduct of audits.
    (b) Contract period. Except in unusual circumstances, award 
contracts for recurring audit services for a 1-year period with at 
least 2 option years.
    (c) Approvals. Do not issue a solicitation for audit services 
unless the requiring activity provides evidence that the cognizant DoD 
audit organization has approved the statement of work. The requiring 
agency shall obtain the same evidence of approval for subsequent 
material changes to the statement of work.
    (d) Solicitation provisions and contract clauses. (1) Use the 
provision at

[[Page 57194]]

252.237-7000, Notice of Special Standards of Responsibility, in 
solicitations for audit services.
    (2) Use the clause at 252.237-7001, Compliance with Audit 
Standards, in solicitations and contracts for audit services.


237.271 and 237.272   [Removed]

0
4. Sections 237.271 and 237.272 are removed.
[FR Doc. 05-19458 Filed 9-29-05; 8:45 am]
BILLING CODE 5001-08-P
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