Defense Federal Acquisition Regulation Supplement; Free Trade Agreements-Guatemala and Bahrain (DFARS Case 2006-D028), 14241-14242 [E7-5479]
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Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations
requests would be unduly burdensome
to a contractor.
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 Parts 232 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 232 and 252
are amended as follows:
I 1. The authority citation for 48 CFR
parts 232 and 252 continues to read as
follows:
I
232.7003
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 232.7002 is revised to read
as follows:
I
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[Amended]
3. Section 232.7003 is amended in
paragraph (a)(3) by removing ‘‘https://
www.dod.mil/dfas/’’ and adding in its
place ‘‘https://www.dod.mil/dfas/
contractorpay/
electroniccommerce.html’’.
I
PART 232—CONTRACT FINANCING
232.7002
(b) DoD officials receiving payment
requests in electronic form shall process
the payment requests in electronic form.
Any supporting documentation
necessary for payment, such as
receiving reports, contracts, contract
modifications, and required
certifications, also shall be processed in
electronic form. Scanned documents are
acceptable forms for processing
supporting documentation.
(c) When payment requests will not
be submitted in electronic form—
(1) Payment requests shall be
submitted by facsimile or conventional
mail. The contracting officer shall
consult with the payment office and the
contract administration office regarding
the method of payment request to be
used; and
(2) Section G of the contract shall
specify the method of payment request.
Policy.
(a) Contractors shall submit payment
requests in electronic form, except for—
(1) Purchases paid for with a
Governmentwide commercial purchase
card;
(2) Awards made to foreign vendors
for work performed outside the United
States;
(3) Classified contracts or purchases
when electronic submission and
processing of payment requests could
compromise the safeguarding of
classified information or national
security;
(4) Contracts awarded by deployed
contracting officers in the course of
military operations, including, but not
limited to, contingency operations as
defined in 10 U.S.C. 101(a)(13) or
humanitarian or peacekeeping
operations as defined in 10 U.S.C.
2302(8), or contracts awarded by
contracting officers in the conduct of
emergency operations, such as
responses to natural disasters or
national or civil emergencies;
(5) Purchases to support unusual or
compelling needs of the type described
in FAR 6.302–2;
(6) Cases in which DoD is unable to
receive payment requests in electronic
form; or
(7) Cases in which the contracting
officer administering the contract for
payment has determined, in writing,
that electronic submission would be
unduly burdensome to the contractor.
VerDate Aug<31>2005
12:37 Mar 26, 2007
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PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
4. Section 252.232–7003 is amended
as follows:
I a. By revising the clause date and
paragraphs (b)(3)(ii) and (c);
I b. By redesignating paragraph (d) as
paragraph (e); and
I c. By adding a new paragraph (d) to
read as follows:
I
252.232–7003 Electronic Submission of
Payment Requests.
*
*
*
*
*
ELECTRONIC SUBMISSION OF PAYMENT
REQUESTS (MAR 2007)
*
*
*
*
*
(b) * * *
(3) * * *
(ii) EDI implementation guides are
available on the Internet at https://
www.dod.mil/dfas/contractorpay/
electroniccommerce.html.
*
*
*
*
*
(c) The Contractor may submit a payment
request in non-electronic form only when—
(1) DoD is unable to receive a payment
request in electronic form; or
(2) The Contracting Officer administering
the contract for payment has determined, in
writing, that electronic submission would be
unduly burdensome to the Contractor. In
such cases, the Contractor shall include a
copy of the Contracting Officer’s
determination with each request for payment.
(d) The Contractor shall submit any nonelectronic payment requests using the
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14241
method or methods specified in Section G of
the contract.
*
*
*
*
*
[FR Doc. E7–5478 Filed 3–26–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AF49
Defense Federal Acquisition
Regulation Supplement; Free Trade
Agreements—Guatemala and Bahrain
(DFARS Case 2006–D028)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has adopted as final,
without change, 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
procurement procedures designed to
ensure fairness.
EFFECTIVE DATE: March 27, 2007.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy Williams, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0328;
facsimile (703) 602–0350. Please cite
DFARS Case 2006–D028.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71
FR 58541 on October 4, 2006, to
implement the Dominican RepublicCentral America-United States Free
Trade Agreement, with respect to
Guatemala, and the United StatesBahrain Free Trade Agreement. The rule
amended the appropriate DFARS
provisions and clauses to reflect the
addition of Guatemala and Bahrain as
Free Trade Agreement countries.
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
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27MRR1
14242
Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations
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.
Although the rule opens up DoD
procurement to the products of
Guatemala and Bahrain, DoD does not
believe there will be a significant
economic impact on U.S. small
businesses. DoD applies the trade
agreements to only those non-defense
items listed at DFARS 225.401–70, and
procurements that are set aside for small
businesses are exempt from application
of the trade agreements.
C. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7020
and 252.225–7035, currently approved
under Office of Management and Budget
Control Number 0704–0229. The
impact, however, is negligible.
List of Subjects in 48 CFR Part 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Part 252, which was
published at 71 FR 58541 on October 4,
2006, is adopted as a final rule without
change.
I
[FR Doc. E7–5479 Filed 3–26–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AF57
Defense Federal Acquisition
Regulation Supplement; New
Designated Countries (DFARS Case
2006–D062)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
rmajette on PROD1PC67 with RULES
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
VerDate Aug<31>2005
12:37 Mar 26, 2007
Jkt 211001
(DFARS) to implement the Dominican
Republic-Central America-United States
Free Trade Agreement with respect to
the Dominican Republic. The rule also
adds Bulgaria and Romania to the list of
countries covered by the World Trade
Organization Government Procurement
Agreement.
DATES: Effective date: March 27, 2007.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before May 29, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D062,
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–D062 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Amy
Williams, 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.
Amy Williams, (703) 602–0328.
SUPPLEMENTARY INFORMATION:
is no longer designated as a beneficiary
country for purposes of the Caribbean
Basin Economic Recovery Act.
The rule also adds Bulgaria and
Romania to the list of World Trade
Organization Government Procurement
Agreement countries, based upon
direction from the United States Trade
Representative.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
A. Background
This interim rule amends DFARS
clauses relating to trade agreements to
implement the Dominican RepublicCentral America-United States Free
Trade Agreement (CAFTA–DR) with
respect to the Dominican Republic.
Congress approved the CAFTA–DR in
the Dominican Republic-Central
America-United States Free Trade
Agreement Implementation Act (Public
Law 109–53). The CAFTA–DR waives
the applicability of the Buy American
Act for some foreign supplies and
construction materials and specifies
procurement procedures designed to
ensure fairness.
The rule adds the Dominican
Republic to the definitions of
‘‘designated country’’ and ‘‘Free Trade
Agreement country.’’ In addition, the
rule removes the Dominican Republic
from the list of Caribbean Basin
countries, because, in accordance with
Section 201(a)(3) of Public Law 109–53,
when the CAFTA–DR enters into force
with respect to a country, that country
C. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7020
and 252.225–7035, currently approved
under Office of Management and Budget
Control Number 0704–0229. The
impact, however, is negligible.
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Frm 00008
Fmt 4700
Sfmt 4700
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.
Although the rule opens up DoD
procurement to the products of Bulgaria,
the Dominican Republic, and Romania,
DoD does not believe there will be a
significant economic impact on U.S.
small businesses. DoD applies the trade
agreements to only those non-defense
items listed at DFARS 225.401–70, and
procurements that are set aside for small
businesses are exempt from application
of the trade agreements. 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 subparts
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2006–D062.
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
the Dominican Republic-Central
America-United States Free Trade
Agreement with respect to the
Dominican Republic, which became
effective on March 1, 2007. The rule
also implements the addition of
Bulgaria and Romania to the countries
covered by the World Trade
Organization Government Procurement
Agreement, which became effective on
E:\FR\FM\27MRR1.SGM
27MRR1
]]>Agencies
[Federal Register Volume 72, Number 58 (Tuesday, March 27, 2007)]
[Rules and Regulations]
[Pages 14241-14242]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-5479]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 252
RIN 0750-AF49
Defense Federal Acquisition Regulation Supplement; Free Trade
Agreements--Guatemala and Bahrain (DFARS Case 2006-D028)
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 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 procurement procedures designed to
ensure fairness.
EFFECTIVE DATE: March 27, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328;
facsimile (703) 602-0350. Please cite DFARS Case 2006-D028.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71 FR 58541 on October 4, 2006, to
implement the Dominican Republic-Central America-United States Free
Trade Agreement, with respect to Guatemala, and the United States-
Bahrain Free Trade Agreement. The rule amended the appropriate DFARS
provisions and clauses to reflect the addition of Guatemala and Bahrain
as Free Trade Agreement countries.
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
[[Page 14242]]
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.
Although the rule opens up DoD procurement to the products of Guatemala
and Bahrain, DoD does not believe there will be a significant economic
impact on U.S. small businesses. DoD applies the trade agreements to
only those non-defense items listed at DFARS 225.401-70, and
procurements that are set aside for small businesses are exempt from
application of the trade agreements.
C. Paperwork Reduction Act
This rule affects the certification and information collection
requirements in the provisions at DFARS 252.225-7020 and 252.225-7035,
currently approved under Office of Management and Budget Control Number
0704-0229. The impact, however, is negligible.
List of Subjects in 48 CFR Part 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 Part 252, which was
published at 71 FR 58541 on October 4, 2006, is adopted as a final rule
without change.
[FR Doc. E7-5479 Filed 3-26-07; 8:45 am]
BILLING CODE 5001-08-P
