Defense Federal Acquisition Regulation Supplement; Prohibition of Foreign Taxation on U.S. Assistance Programs, 18671 [06-3453]

Download as PDF Federal Register / Vol. 71, No. 70 / Wednesday, April 12, 2006 / Rules and Regulations Subpart 222.13—Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans 222.1305 Waivers. (c) Follow the procedures at PGI 222.1305(c) for submission of waiver requests. 222.1308 (DFARS) to implement a statutory prohibition on foreign taxation under contracts funded by U.S. assistance programs. The rule addresses the responsibilities of the contractor and the contracting officer regarding the prohibition. DATES: Complaint procedures. The contracting officer shall— (1) Forward each complaint received as indicated in FAR 22.1308; and (2) Notify the complainant of the referral. The contractor in question shall not be advised in any manner or for any reason of the complainant’s name, the nature of the complaint, or the fact that the complaint was received. Effective Date: April 12, 2006. Ms. Debra Overstreet, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0310; facsimile (703) 602–0350. Please cite DFARS Case 2004–D012. FOR FURTHER INFORMATION CONTACT: Defense Acquisition Regulations System 48 CFR Parts 225, 229, and 252 B. Regulatory Flexibility Act [DFARS Case 2004–D012] 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 administrative notification requirements of the rule are expected to affect less than 10 contracts per year. 222.1406 Complaint procedures. The contracting officer shall notify the complainant of such referral. The contractor in question shall not be advised in any manner or for any reason of the complainant’s name, the nature of the complaint, or the fact that the complaint was received. 222.7100 and 222.7200 [Removed] 17. Sections 222.7100 and 222.7200 are removed. I [FR Doc. 06–3456 Filed 4–11–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Federal Acquisition Regulation Supplement; Prohibition of Foreign Taxation on U.S. Assistance Programs Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. cprice-sewell on PROD1PC66 with RULES AGENCY: DoD has adopted as final, without change, an interim rule amending the Defense Federal Acquisition Regulation Supplement SUMMARY: VerDate Aug<31>2005 15:11 Apr 11, 2006 Jkt 208001 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 225, 229, and 252, which was published at 70 FR 57191 on September 30, 2005, is adopted as a final rule without change. I [FR Doc. 06–3453 Filed 4–11–06; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE DoD published an interim rule at 70 FR 57191 on September 30, 2005, to implement Section 579 of Division E of the Consolidated Appropriations Act, 2003 (Pub. L. 108–7); Section 506 of Division D of the Consolidated Appropriations Act, 2004 (Pub. L. 108– 199); and Section 506 of Division D of the Consolidated Appropriations Act, 2005 (Pub. L. 108–447). These statutes require that a bilateral agreement providing for U.S. assistance to a foreign country must specify that the U.S. assistance shall be exempt from taxation by the foreign government. Therefore, the foreign government is prohibited from imposing taxes on commodities acquired under contracts funded by such U.S. assistance. This DFARS rule addresses the responsibilities of the contractor and the contracting officer regarding the prohibition. DoD received no comments on the interim rule. Therefore, DoD has adopted the interim 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. (a)(1) Use of the clause at FAR 52.222–35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans, with its paragraph (c), Listing Openings, also satisfies the requirement of 10 U.S.C. 2410k. I 16. Section 222.1406 is revised to read as follows: List of Subjects in 48 CFR Parts 225, 229, and 252 SUPPLEMENTARY INFORMATION: A. Background 222.1310 Solicitation provision and contract clauses. 18671 C. Paperwork Reduction Act The information collection requirements of the rule do not reach the threshold for requiring Office of Management and Budget approval under 44 U.S.C. 3501, et seq. PO 00000 Frm 00083 Fmt 4700 Sfmt 4700 Defense Acquisition Regulations System 48 CFR Parts 232 and 252 [DFARS Case 1990–037] Defense Federal Acquisition Regulation Supplement; Incremental Funding of Fixed-Price Contracts 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 address the use of incrementally funded fixed-price contracts. The rule contains a contract clause for use in those situations where incremental funding of fixed-price contracts is permitted. DATES: Effective Date: April 12, 2006. FOR FURTHER INFORMATION CONTACT: Mr. Bill Sain, Defense Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–2022; facsimile (703) 602–0350. Please cite DFARS Case 1990–037. SUPPLEMENTARY INFORMATION: A. Background This rule revises and finalizes the interim rule published at 58 FR 46091 on September 1, 1993, regarding incremental funding of fixed-price contracts. Prior to the issuance of the interim rule, incrementally funded fixed-price contracts had been used in limited situations throughout DoD for a number of years. This technique permitted DoD to award fixed-price contracts in specific circumstances E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 71, Number 70 (Wednesday, April 12, 2006)]
[Rules and Regulations]
[Page 18671]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3453]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Parts 225, 229, and 252

[DFARS Case 2004-D012]


Defense Federal Acquisition Regulation Supplement; Prohibition of 
Foreign Taxation on U.S. Assistance Programs

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has adopted as final, without change, an interim rule 
amending the Defense Federal Acquisition Regulation Supplement (DFARS) 
to implement a statutory prohibition on foreign taxation under 
contracts funded by U.S. assistance programs. The rule addresses the 
responsibilities of the contractor and the contracting officer 
regarding the prohibition.

DATES: Effective Date: April 12, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Debra Overstreet, Defense 
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0310; facsimile (703) 602-0350. Please cite DFARS Case 2004-D012.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD published an interim rule at 70 FR 57191 on September 30, 2005, 
to implement Section 579 of Division E of the Consolidated 
Appropriations Act, 2003 (Pub. L. 108-7); Section 506 of Division D of 
the Consolidated Appropriations Act, 2004 (Pub. L. 108-199); and 
Section 506 of Division D of the Consolidated Appropriations Act, 2005 
(Pub. L. 108-447). These statutes require that a bilateral agreement 
providing for U.S. assistance to a foreign country must specify that 
the U.S. assistance shall be exempt from taxation by the foreign 
government. Therefore, the foreign government is prohibited from 
imposing taxes on commodities acquired under contracts funded by such 
U.S. assistance. This DFARS rule addresses the responsibilities of the 
contractor and the contracting officer regarding the prohibition.
    DoD received no comments on the interim rule. Therefore, DoD has 
adopted the interim 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 administrative notification requirements of the rule are 
expected to affect less than 10 contracts per year.

C. Paperwork Reduction Act

    The information collection requirements of the rule do not reach 
the threshold for requiring Office of Management and Budget approval 
under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 225, 229, and 252

    Government procurement.

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

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 225, 229, and 252, 
which was published at 70 FR 57191 on September 30, 2005, is adopted as 
a final rule without change.

[FR Doc. 06-3453 Filed 4-11-06; 8:45 am]
BILLING CODE 5001-08-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.