Defense Federal Acquisition Regulation Supplement; Congressional Notification of Architect-Engineer Services/Military Family Housing Contracts (DFARS Case 2006-D015), 58540-58541 [E6-16419]
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58540
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations
hours have been approved for the
provision at DFARS 252.225–7035, Buy
American Act—Free Trade
Agreements—Balance of Payments
Program Certificate. DoD estimates that
the rule will result in a 5 percent
reduction in the burden hours for the
provision at DFARS 252.225–7000
(1,800 hours) and a 50 percent reduction
in the burden hours for the provision at
DFARS 252.225–7035 (500 hours).
List of Subjects in 48 CFR Part 225
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR Part 225 is
amended as follows:
I
and adding paragraph (a)(2)(vi) to read
as follows:
§ 225.7501
Policy.
*
*
*
*
*
(a) * * *
(2) * * *
(iv) An industrial gas;
(v) A brand drug specified by the
Defense Medical Materiel Board; or
(vi) Information technology that is a
commercial item, using fiscal year 2004
or subsequent funds (Section 535 of
Division F of the Consolidated
Appropriations Act, 2004 (Pub. L. 108–
199), and the same provision in
subsequent appropriations acts);
*
*
*
*
*
[FR Doc. E6–16401 Filed 10–3–06; 8:45 am]
BILLING CODE 5001–08–P
PART 225—FOREIGN ACQUISITION
I
1. The authority citation for 48 CFR
Part 225 continues to read as follows:
DEPARTMENT OF DEFENSE
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
Defense Acquisition Regulations
System
2. Section 225.1101 is amended by
revising paragraph (2)(iii), paragraph
(10)(i) introductory text, and paragraph
(10)(ii) to read as follows:
I
§ 225.1101
Acquisition of supplies.
erjones on PROD1PC72 with RULES
*
*
*
*
*
(2) * * *
(iii) An exception to the Buy
American Act or Balance of Payments
Program applies (see FAR 25.103,
225.103, and 225.7501); or
*
*
*
*
*
(10)(i) Except as provided in
paragraph (10)(ii) of this section, use the
clause at 252.225–7036, Buy American
Act—Free Trade Agreements—Balance
of Payments Program, instead of the
clause at FAR 52.225–3, Buy American
Act—Free Trade Agreements—Israeli
Trade Act, in solicitations and contracts
for the items listed at 225.401–70, when
the estimated value equals or exceeds
$25,000, but is less than $193,000, and
a Free Trade Agreement applies to the
acquisition.
*
*
*
*
*
(ii) Do not use the clause if—
(A) Purchase from foreign sources is
restricted (see 225.401(a)(2)), unless the
contracting officer anticipates a waiver
of the restriction; or
(B) Acquiring information technology
that is a commercial item, using fiscal
year 2004 or subsequent funds (Section
535 of Division F of the Consolidated
Appropriations Act, 2004 (Pub. L. 108–
199), and the same provision in
subsequent appropriations acts).
*
*
*
*
*
I 3. Section 225.7501 is amended by
revising paragraphs (a)(2)(iv) and (v)
VerDate Aug<31>2005
14:25 Oct 03, 2006
Jkt 211001
48 CFR Part 236
RIN 0750–AF41
Defense Federal Acquisition
Regulation Supplement;
Congressional Notification of
Architect-Engineer Services/Military
Family Housing Contracts (DFARS
Case 2006–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section
1031(a)(37) of the National Defense
Authorization Act for Fiscal Year 2004.
Section 1031(a)(37) amended the
requirements for submission of a
notification to Congress before the
award of a contract for architectural and
engineering services or construction
design in connection with military
construction, military family housing, or
restoration or replacement of damaged
or destroyed facilities.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before December 4, 2006, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D015,
using any of the following methods:
PO 00000
Frm 00056
Fmt 4700
Sfmt 4700
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D015 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Debra
Overstreet, OUSD(AT&L)DPAP(DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Debra Overstreet, (703) 602–0310.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises DFARS
236.601 to implement Section
1031(a)(37) of the National Defense
Authorization Act for Fiscal Year 2004
(Public Law 108–136). Section
1031(a)(37) amended the requirements
at 10 U.S.C. 2807, for submission of a
notification to Congress before the
award of a contract for architectural and
engineering services or construction
design in connection with military
construction, military family housing, or
restoration or replacement of damaged
or destroyed facilities. The amendments
increased the contract dollar threshold
for submission from $500,000 to
$1,000,000; and reduced the time period
for submission, from 21 to 14 days
before obligation of funds, when the
notification is provided in electronic
medium.
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 does not expect this rule to 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 relates to reporting
requirements that are internal to the
Government. Therefore, DoD has not
performed an initial regulatory
flexibility analysis. DoD invites
comments from small businesses and
other interested parties. DoD also will
consider comments from small entities
concerning the affected DFARS subpart
in accordance with 5 U.S.C. 610. Such
comments should be submitted
E:\FR\FM\04OCR1.SGM
04OCR1
Federal Register / Vol. 71, No. 192 / Wednesday, October 4, 2006 / Rules and Regulations
separately and should cite DFARS Case
2006–D015.
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.
D. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
that urgent and compelling reasons exist
to publish an interim rule prior to
affording the public an opportunity to
comment. This interim rule implements
Section 1031(a)(37) of the National
Defense Authorization Act for Fiscal
Year 2004 (Public Law 108–136).
Section 1031(a)(37) amended the
statutory requirements for submission of
a notification to Congress before the
award of a contract for architectural and
engineering services or construction
design in connection with military
construction, military family housing, or
restoration or replacement of damaged
or destroyed facilities. Comments
received in response to this interim rule
will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Part 236
(A) Must include the scope of the
project and the estimated contract price;
and
(B)(1) If provided by electronic
medium, must be provided at least 14
days before the initial obligation of
funds; or
(2) If provided by other than
electronic medium, must be received by
the congressional defense committees at
least 21 days before the initial obligation
of funds.
(ii) For restoration or replacement of
damaged or destroyed facilities (10
U.S.C. 2854(b)), the notification—
(A) Must include the justification for
the project, the estimated contract price,
and the source of the funds for the
project; and
(B)(1) If provided by electronic
medium, must be provided at least 7
days before the initial obligation of
funds; or
(2) If provided by other than
electronic medium, must be received by
the congressional defense committees at
least 21 days before the initial obligation
of funds.
(2) During the applicable notice
period, synopsis of the proposed
contract action and administrative
actions leading to the award may be
started.
[FR Doc. E6–16419 Filed 10–3–06; 8:45 am]
BILLING CODE 5001–08–P
Government procurement.
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Therefore, 48 CFR Part 236 is
amended as follows:
I
48 CFR Part 252
PART 236—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
erjones on PROD1PC72 with RULES
Policy
(1) Written notification to the
congressional defense committees is
required if the total estimated contract
price for architect-engineer services or
construction design, in connection with
military construction, military family
housing, or restoration or replacement
of damaged or destroyed facilities,
exceeds $1,000,000. In accordance with
10 U.S.C. 480, unclassified notifications
must be provided by electronic medium.
(i) For military construction or
military family housing (10 U.S.C.
2807(b)), the notification—
Jkt 211001
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
2. Section 236.601 is revised to read
as follows:
I
14:25 Oct 03, 2006
RIN 0750–AF49
Defense Federal Acquisition
Regulation Supplement; Free Trade
Agreements—Guatemala and Bahrain
(DFARS Case 2006–D028)
1. The authority citation for 48 CFR
Part 236 continues to read as follows:
I
VerDate Aug<31>2005
procurement procedures designed to
ensure fairness.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before December 4, 2006, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D028,
using any of the following methods:
Æ Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2006–D028 in the subject
line of the message.
Æ Fax: (703) 602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, OUSD(AT&L)DPAP(DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
Æ Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
§ 236.601
58541
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement the United
States-Bahrain Free Trade Agreement
and the Dominican Republic-Central
America-United States Free Trade
Agreement with respect to Guatemala.
The Free Trade Agreements waive the
applicability of the Buy American Act
for some foreign supplies and
construction materials and specify
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
This interim rule amends DFARS
provisions and clauses to implement the
Dominican Republic-Central AmericaUnited States Free Trade Agreement,
with respect to Guatemala, and the
United States-Bahrain Free Trade
Agreement. Congress approved these
trade agreements in the Dominican
Republic-Central America-United States
Free Trade Agreement Implementation
Act (Public Law 109–53) and the United
States-Bahrain Free Trade Agreement
Implementation Act (Public Law 109–
169).
The rule adds Bahrain and Guatemala
to the definition of ‘‘Free Trade
Agreement country.’’ In addition, the
rule removes Guatemala from the
definition of ‘‘Caribbean Basin country’’
because, in accordance with Section
201(a)(3) of Public Law 109–53, when
the Dominican Republic-Central
America-United States Free Trade
Agreement enters into force with respect
to a country, that country is no longer
designated as a beneficiary country for
purposes of the Caribbean Basin
Economic Recovery Act.
The dollar thresholds for applicability
of the Dominican Republic-Central
America-United States Free Trade
E:\FR\FM\04OCR1.SGM
04OCR1
]]>Agencies
[Federal Register Volume 71, Number 192 (Wednesday, October 4, 2006)]
[Rules and Regulations]
[Pages 58540-58541]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16419]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 236
RIN 0750-AF41
Defense Federal Acquisition Regulation Supplement; Congressional
Notification of Architect-Engineer Services/Military Family Housing
Contracts (DFARS Case 2006-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD has issued an interim rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to implement Section
1031(a)(37) of the National Defense Authorization Act for Fiscal Year
2004. Section 1031(a)(37) amended the requirements for submission of a
notification to Congress before the award of a contract for
architectural and engineering services or construction design in
connection with military construction, military family housing, or
restoration or replacement of damaged or destroyed facilities.
DATES: Effective date: October 4, 2006.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before December 4, 2006, to be
considered in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D015,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2006-D015 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Debra Overstreet, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Debra Overstreet, (703) 602-0310.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises DFARS 236.601 to implement Section
1031(a)(37) of the National Defense Authorization Act for Fiscal Year
2004 (Public Law 108-136). Section 1031(a)(37) amended the requirements
at 10 U.S.C. 2807, for submission of a notification to Congress before
the award of a contract for architectural and engineering services or
construction design in connection with military construction, military
family housing, or restoration or replacement of damaged or destroyed
facilities. The amendments increased the contract dollar threshold for
submission from $500,000 to $1,000,000; and reduced the time period for
submission, from 21 to 14 days before obligation of funds, when the
notification is provided in electronic medium.
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 does not expect this rule to 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
relates to reporting requirements that are internal to the Government.
Therefore, DoD has not performed an initial regulatory flexibility
analysis. DoD invites comments from small businesses and other
interested parties. DoD also will consider comments from small entities
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610.
Such comments should be submitted
[[Page 58541]]
separately and should cite DFARS Case 2006-D015.
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.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish an
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 1031(a)(37) of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136).
Section 1031(a)(37) amended the statutory requirements for submission
of a notification to Congress before the award of a contract for
architectural and engineering services or construction design in
connection with military construction, military family housing, or
restoration or replacement of damaged or destroyed facilities. Comments
received in response to this interim rule will be considered in the
formation of the final rule.
List of Subjects in 48 CFR Part 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR Part 236 is amended as follows:
PART 236--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
0
1. The authority citation for 48 CFR Part 236 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 236.601 is revised to read as follows:
Sec. 236.601 Policy
(1) Written notification to the congressional defense committees is
required if the total estimated contract price for architect-engineer
services or construction design, in connection with military
construction, military family housing, or restoration or replacement of
damaged or destroyed facilities, exceeds $1,000,000. In accordance with
10 U.S.C. 480, unclassified notifications must be provided by
electronic medium.
(i) For military construction or military family housing (10 U.S.C.
2807(b)), the notification--
(A) Must include the scope of the project and the estimated
contract price; and
(B)(1) If provided by electronic medium, must be provided at least
14 days before the initial obligation of funds; or
(2) If provided by other than electronic medium, must be received
by the congressional defense committees at least 21 days before the
initial obligation of funds.
(ii) For restoration or replacement of damaged or destroyed
facilities (10 U.S.C. 2854(b)), the notification--
(A) Must include the justification for the project, the estimated
contract price, and the source of the funds for the project; and
(B)(1) If provided by electronic medium, must be provided at least
7 days before the initial obligation of funds; or
(2) If provided by other than electronic medium, must be received
by the congressional defense committees at least 21 days before the
initial obligation of funds.
(2) During the applicable notice period, synopsis of the proposed
contract action and administrative actions leading to the award may be
started.
[FR Doc. E6-16419 Filed 10-3-06; 8:45 am]
BILLING CODE 5001-08-P
