Defense Federal Acquisition Regulation Supplement; Technical Amendments, 14099-14100 [06-2639]
Download as PDF
<![CDATA[
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Rules and Regulations
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; 22 U.S.C. 3201 et seq.;
42 U.S.C. 2139a; Sec. 901–911, Pub. L. 106–
387; Sec. 221, Pub. L. 107–56; E.O. 12058, 43
FR 20947, 3 CFR, 1978 Comp., p. 179; E.O.
12851, 58 FR 33181, 3 CFR, 1993 Comp., p.
608; E.O. 12938, 59 FR 59099, 3 CFR, 1994
Comp., p. 950; E.O. 12947, 60 FR 5079, 3
CFR, 1995 Comp., p. 356; E.O. 13026, 61 FR
58767, 3 CFR, 1996 Comp., p. 228; E.O.
13099, 63 FR 45167, 3 CFR, 1998 Comp., p.
208; E.O. 13222, 66 FR 44025, 3 CFR, 2001
Comp., p. 783; E.O. 13224, 66 FR 49079, 3
CFR, 2001 Comp., p. 786; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005); Notice
of October 25, 2005, 70 FR 62027 (October
27, 2005).
4. In § 744.19, revise paragraphs (c)
and (d) to read as follows:
I
PART 770—INTERPRETATIONS
7. The authority citation for part 770
is revised to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005).
§ 770.2
[Amended]
8. In § 770.2, remove and reserve
paragraph (c).
I
Dated: March 14, 2006.
Matthew S. Borman,
Deputy Assistant Secretary for Export
Administration.
[FR Doc. 06–2685 Filed 3–20–06; 8:45 am]
DEPARTMENT OF THE TREASURY
*
Internal Revenue Service
*
*
*
*
(c) A sanction issued pursuant to
section 11B(b)(1)(B)(ii) of the Export
Administration Act of 1979, as
amended, and as carried out by
Executive Order 13222 of August 17,
2001, that prohibits the issuance of new
licenses for exports to the sanctioned
entity of items controlled pursuant to
the Export Administration Act of 1979.
(d) A sanction issued pursuant to
section11B(b)(1)(B)(i) of the Export
Administration Act of 1979, as amended
(Missile Technology Control Act of
1990), and as carried out by an
Executive Order 13222 of August 17,
2001, that prohibits the issuance of new
licenses for exports to the sanctioned
entity of MTCR Annex equipment or
technology controlled pursuant to the
Export Administration Act of 1979.
PART 766—ADMINISTRATIVE
ENFORCEMENT PROCEEDINGS
5. The authority citation for part 766
is revised to read as follows:
I
Authority: 50 U.S.C. app. 2401 et seq.; 50
U.S.C. 1701 et seq.; E.O. 13222, 66 FR 44025,
3 CFR, 2001 Comp., p. 783; Notice of August
2, 2005, 70 FR 45273 (August 5, 2005).
Temporary denials.
cprice-sewell on PROD1PC66 with RULES
15:05 Mar 20, 2006
Jkt 208001
26 CFR Parts 1 and 602
BILLING CODE 4830–01–P
DEPARTMENT OF DEFENSE
48 CFR Parts 203, 207, 209, 229, and
252
[TD 9248]
RIN 1545–BC86
Residence Rules Involving U.S.
Possessions; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final regulations.
AGENCY:
This document contains a
correction to final regulations that were
published in the Federal Register on
Tuesday, January 31, 2006 (71 FR 4996)
that provide rules for determining bona
fide residency in the following U.S.
possessions: American Samoa, Guam,
the Northern Mariana Islands, Puerto
Rico, and the United States Virgin
Islands under sections 937(a) and 881(b)
of the Internal Revenue Code (Code).
DATES: This correction is effective
January 31, 2006.
FOR FURTHER INFORMATION CONTACT: J.
David Varley, (202) 435–5262 (not a tollfree number).
SUPPLEMENTARY INFORMATION:
SUMMARY:
The final regulations (TD 9248) that
are the subject of this correction are
under sections 937(a) and 881(b) of the
Internal Revenue Code.
*
*
*
*
(e) * * *
(3) Appeal Procedure.
* * * Service on the administrative
law judge shall be addressed to U.S.
Coast Guard, ALJ Docketing Center, 40
S. Gay Street, Baltimore, Maryland,
21202–4022. * * *
*
*
*
*
*
VerDate Aug<31>2005
LaNita VanDyke,
Federal Register Liaison Officer, Legal
Processing Division, Associate Chief Counsel,
(Procedure and Administration).
[FR Doc. 06–2664 Filed 3–20–06; 8:45 am]
Defense Acquisition Regulations
System
Background
6. In § 766.24, revise the second
sentence of paragraph (e)(3) to read as
follows:
I
*
the subject of FR Doc. 06–818, is
corrected as follows:
1. On page 4997, column 2, in the
preamble under the paragraph heading
‘‘Explanation of Provisions and
Summary of Comments’’, first
paragraph, fourth line from the bottom,
the language ‘‘tax and closer connection
tests is the’’ is corrected to read ‘‘tax
home and closer connection test is the’’.
BILLING CODE 3510–33–P
§ 744.19 Licensing policy regarding
persons sanctioned pursuant to specified
statutes.
§ 766.24
14099
Need for Correction
As published, the final regulations
(TD 9248) contains an error that may
prove to be misleading and is in need
of clarification.
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
Defense Acquisition
Regulations System, Department of
Defense (DoD).
AGENCY:
ACTION:
Final rule.
SUMMARY: DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to add references to the
DFARS companion resource,
Procedures, Guidance, and Information
(PGI).
DATES:
Effective Date: March 21, 2006.
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) 602–0350.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 203,
207, 209, 229, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Correction of Publication
Therefore, 48 CFR parts 203, 207, 209,
229, and 252 are amended as follows:
I 1. The authority citation for 48 CFR
parts 203, 207, 209, 229, and 252
continues to read as follows:
Accordingly, the publication of the
final regulations (TD 9248), which were
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
I
E:\FR\FM\21MRR1.SGM
21MRR1
14100
Federal Register / Vol. 71, No. 54 / Tuesday, March 21, 2006 / Rules and Regulations
b. In paragraph (d), by removing
‘‘225.7401’’ and adding in its place ‘‘PGI
225.7403–1’’.
I
PART 203—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2. Section 203.570–1 is revised to read
as follows:
I
203.570–1
Scope.
[FR Doc. 06–2639 Filed 3–20–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
This subpart implements 10 U.S.C.
2408. For information on 10 U.S.C.
2408, see PGI 203.570–1.
Defense Acquisition Regulations
System
PART 207—ACQUISITION PLANNING
48 CFR Part 207
3. Section 207.105 is amended by
adding paragraph (b)(19)(F) to read as
follows:
[DFARS Case 2004–D021]
I
207.105
plans.
Contents of written acquisition
*
*
*
*
*
(b) * * *
(19) * * *
(F) CONUS Antiterrorism
Considerations. Follow the procedures
at PGI 207.105(b)(19)(F) for
consideration of antiterrorism measures
in acquisition planning.
PART 209—CONTRACTOR
QUALIFICATIONS
4. Section 209.105–1 is added to read
as follows:
I
209.105–1
Obtaining information.
For guidance on using the Excluded
Parties List System, see PGI 209.105–1.
PART 229—TAXES
5. Section 229.101 is amended by
revising paragraph (a) and adding
paragraph (b) to read as follows:
I
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.
For additional information on the
designated legal counsels, see PGI
229.101(a).
(b) For information on fuel excise
taxes, see PGI 229.101(b).
cprice-sewell on PROD1PC66 with RULES
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7043
[Amended]
6. Section 252.225–7043 is amended
as follows:
I a. By revising the clause date to read
‘‘(Mar 2006)’’; and
I
VerDate Aug<31>2005
15:05 Mar 20, 2006
Jkt 208001
Defense Federal Acquisition
Regulation Supplement; Contractor
Performance of Acquisition Functions
Closely Associated With Inherently
Governmental Functions
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has adopted as final,
with changes, an interim rule amending
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
implement Section 804 of the National
Defense Authorization Act for Fiscal
Year 2005. Section 804 places
limitations on the award of contracts for
the performance of acquisition functions
closely associated with inherently
governmental functions.
DATES: Effective March 21, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0326,
facsimile (703) 602–0350. Please cite
DFARS Case 2004–D021.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 70
FR 14572 on March 23, 2005, to
implement Section 804 of the National
Defense Authorization Act for Fiscal
Year 2005. Section 804 places
limitations on the award of contracts for
the performance of acquisition functions
closely associated with inherently
governmental functions.
Three sources submitted comments
on the interim rule. A discussion of the
comments is provided below.
1. Comment: One respondent
recommended revision of the text at
207.503(S–70)(1) to replace the phrase
‘‘functions closely associated with
inherently governmental functions that
are listed at FAR 7.503(d)’’ with the
phrase ‘‘services and actions that are
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
listed at FAR 7.503(d).’’ Since 10 U.S.C.
2383(b)(3) states that the phrase
‘‘functions closely associated with
inherently governmental functions’’
means those functions described in FAR
7.503(d), use of the FAR reference
would meet the letter of the law and
would avoid introducing a new phrase
in the DFARS.
DoD Response: DoD believes that use
of the phrase ‘‘functions closely
associated with inherently
governmental functions,’’ along with the
reference to FAR 7.503(d), more clearly
describes the requirements of the rule.
Therefore, DoD has made no change to
the rule as a result of this comment.
2. Comment: One respondent
recommended amending the text at
207.503(S–70)(1)(i)(B) to remove the
word ‘‘supervise’’ and replace it with
the phrase ‘‘provide oversight to’’ to
prevent a conflict with Office of Federal
Procurement Policy (OFPP) Policy
Letter 92–1, Inherently Governmental
Functions. The respondent stated that
OFPP Policy Letter 92–1 cautions
against exercising ‘‘such control over
contractor activities to convert the
contract * * * to a personal services
contract,’’ and that use of the word
‘‘supervise,’’ could be understood by
Federal officials that they are to interact
with contractor employees in the same
way they supervise Federal employees.
DoD Response: It should be noted that
OMB Circular No. A–76 dated May 29,
2003, supersedes OFPP Policy Letter
92–1. However, DoD agrees that the
term ‘‘supervise’’ could be subject to
differing interpretations and could lead
to an inappropriate contract
relationship. Therefore, DoD has
amended the rule to replace the term
‘‘supervise’’ with the term ‘‘oversee.’’
3. Comment: One respondent stated
that, given the importance of this issue,
DoD should provide further guidance
concerning the circumstances under
which contracting officers may make a
determination under 207.503(S–
70)(1)(i)(A), that appropriate DoD
personnel cannot reasonably be made
available to perform the functions.
DoD Response: DoD does not believe
that additional guidance is necessary.
The availability decision must be made
on a case-by-case basis, and DoD
contracting officers should retain the
flexibility to make informed decisions to
meet mission needs.
4. Comment: One respondent
expressed support for the rule, since the
rule places some controls on the award
of contracts for the performance of jobs
closely associated with the Federal
Government’s purchases of goods and
services. The respondent believes that
the Government should protect
E:\FR\FM\21MRR1.SGM
21MRR1
]]>Agencies
[Federal Register Volume 71, Number 54 (Tuesday, March 21, 2006)]
[Rules and Regulations]
[Pages 14099-14100]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2639]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 203, 207, 209, 229, and 252
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
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 add references to the
DFARS companion resource, Procedures, Guidance, and Information (PGI).
DATES: Effective Date: March 21, 2006.
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) 602-0350.
List of Subjects in 48 CFR Parts 203, 207, 209, 229, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 203, 207, 209, 229, and 252 are amended as
follows:
0
1. The authority citation for 48 CFR parts 203, 207, 209, 229, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
[[Page 14100]]
PART 203--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. Section 203.570-1 is revised to read as follows:
203.570-1 Scope.
This subpart implements 10 U.S.C. 2408. For information on 10
U.S.C. 2408, see PGI 203.570-1.
PART 207--ACQUISITION PLANNING
0
3. Section 207.105 is amended by adding paragraph (b)(19)(F) to read as
follows:
207.105 Contents of written acquisition plans.
* * * * *
(b) * * *
(19) * * *
(F) CONUS Antiterrorism Considerations. Follow the procedures at
PGI 207.105(b)(19)(F) for consideration of antiterrorism measures in
acquisition planning.
PART 209--CONTRACTOR QUALIFICATIONS
0
4. Section 209.105-1 is added to read as follows:
209.105-1 Obtaining information.
For guidance on using the Excluded Parties List System, see PGI
209.105-1.
PART 229--TAXES
0
5. Section 229.101 is amended by revising paragraph (a) and adding
paragraph (b) to read as follows:
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. For additional information on the
designated legal counsels, see PGI 229.101(a).
(b) For information on fuel excise taxes, see PGI 229.101(b).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7043 [Amended]
0
6. Section 252.225-7043 is amended as follows:
0
a. By revising the clause date to read ``(Mar 2006)''; and
0
b. In paragraph (d), by removing ``225.7401'' and adding in its place
``PGI 225.7403-1''.
[FR Doc. 06-2639 Filed 3-20-06; 8:45 am]
BILLING CODE 5001-08-P
